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HomeMy WebLinkAbout05 SUPV & MGMNT EMP'S 02-17-04 AGENDA REPORT Agenda Item 5 Rewewed: ~ City Manager Finance Director MEETING DATE: FEBRUARY 17, 2004 WILLIAM A. HUSTON, CITY MANAGER TO: FROM: HUMAN RESOURCES DEPARTMENT SUBJECT: RESOLUTION FOR SUPERVISORY EMPLOYEES RESOLUTION FOR MANAGEMENT AND EXECUTIVE MANAGEMENT SUMMARY: Adoption of the attached Resolutions will allow staff to implement the reorganization of the Police Department non-sworn management and supervisory employees as well as provide salary and benefit adjustments for these and other supervisory, management and executive management employees pursuant to previous Council direction, and consistent with those salary and benefit adjustments provided to other City employee groups. RECOMMENDATION: Adopt Resolution Nos. 04-22 and 04-23 amending the City's Classification and Compensation Plans, granting equity salary and benefit adjustments ranging from 0% - 5% for classifications in the City's unrepresented Supervisory, Management and Executive Management units. Adopting these Resolutions also authorizes staff to implement the reorganization of the non-sworn Police Administrative Division, reclassify incumbent personnel, and, if necessary, adjust the Fiscal Year 2004/2005 budget to reflect the classification, salary and benefit changes approved. FISCAL IMPACT: Management and Executive Management - Approximately $16,850 (excluding roll-up costs) over the remainder of this calendar year. Supervisory - An approximate savings of $152, 280 (excluding roll-up costs) over the remainder of the calendar year mainly due to the elimination of a Police Captain (retired and left unfilled) and the reorganization and restructuring of the non-sworn Police supervisors and managers. S:\City Council Agenda Items\2004\Agenda Report Supervisory and Management 04.doc Supervisory, Management and Executive Management Resolutions February 17, 2004 Page 2 BACKGROUND AND DISCUSSION: The City has approximately 30 employees in its unrepresented "Management" unit. This unit is comprised of individuals that manage specific functional areas and/or sections of Departments within the City. The unrepresented "Executive Management" unit is comprised of the Assistant City Manger and six Department Heads. Additionally, the City has a Supervisory unit that includes approximately eight individuals in non-sworn supervisory classifications in the Police Department and those supervisors in our Recreation department. While most City employees are represented by unions and labor organizations, for purposes of negotiating changes to wages, hours and working conditions, these units have no such representation and rely upon the City Manager to ensure they are compensated in a fashion equitable to represented bargaining units. The last Cost of Living Adjustment (COLA) received by employees in these units was in September, 2002. Some of our other employee groups have concluded negotiations and have since received equity adjustments pursuant to the Memorandums of Understanding applicable to their units. Pursuant to our Personnel Rules and Regulations, the City Manager is responsible for preparing the City's Compensation Plan and for making recommendations to the City Council after considering prevailing rates of pay for comparable work in public and private employment, including consideration of conditions of work as well as basic pay; to the current cost of living; to the suggestions of department heads; and to the City's financial condition and policies. Resolution 04-22 provides equity adjustments for individuals in the City's unrepresented supervisory unit ranging of up to 2.25% as well as adjustments related to the reclassification of incumbents in the unit. Adoption of the Resolution also eliminates the classifications of Police Communications Coordinator and Police Records Coordinator and incorporates the new classifications of Police Communications Supervisor, Police Records Supervisor and Property and Evidence Supervisor. The changes in duties, responsibilities and compensation is consistent with the job analysis conducted for the incumbents in these classifications who have been performing duties outside of their current classification for a number of months and are consistent with market survey data for similar classifications. New classification specifications are included fo'r Council adoption as a separate agenda item. Resolution 04-23 also provides equity adjustments for individuals in the City's management and executive management unit ranging from 0% to 5% as well as adjustments related to the reclassification of incumbents in the unit. Adoption of the Resolution also eliminates the classifications of Police Administrative Services Manager and Police Support Services Supervisor and incorporates the new classifications of Police Support Services Administrator and Police Support Services Manager. S:\City Council Agenda Items\2004\Agenda Report Supervisory and Management 04.doc Supervisory, Management and Executive Management Resolutions February 17, 2004 Page 3 The changes in duties, responsibilities and compensation for these classifications is also consistent with the job analysis conducted for the incumbents in these classifications who have been performing duties outside of their current classification for a number of months and are consistent with market survey data for similar classifications and/or internal equity considerations. New classification specifications are included for Council adoption as a separate agenda item. The Resolution for Management and Executive Management also provides for unit employees to request a cash out of General Leave of up to eighty hours; this provision has been languaged so that it is consistent with the provisions provided for Police Management in their recently adopted MOU. Neither Resolution provides any additional benefit increases and both Resolutions include provisions for "Y" rating (maintaining current salary for a period of 12 months) for individuals whose position is eliminated and involuntarily moved into a lesser paying classification due to a reorganization. The attached Resolutions follow the direction provided to the City Manager for these units by the City Council. We anticipate the costs associated with the Resolutions can be absorbed by current departmental budgets. Staff believes these Resolutions will ensure that our unrepresented "Executive Management", "Management" and "Supervisory" employees are treated appropriately within the City's organizational structure and are provided fair and appropriate compensation and benefits in recognition of the duties performed by these individuals. Further, the increases in salary and benefits will enable us to continue to be competitive in our efforts to recruit and retain highly qualified individuals in our unrepresented "Executive Management", "Management" and "Supervisory" units. ~L~ ~ L rV\Q.~f~ Arlene Marks, SPHR Director of Human Resources Attachment: Resolution 04-22 Resolution 04-23 S:\City Council Agenda Items\2004\Agenda Report Supervisory and Management 04.doc RESOLUTION NO. 04-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES, AND SUPERSEDING RESOLUTION 02-109. WHEREAS, the employees covered by this Resolution constitute supervisory personnel; and WHEREAS, the City Council has consulted with the City Manager and the Human Resources Director concerning the proposed employment terms contained herein; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement the provisions of this Resolution and, if necessary, adjust the Fiscal Year 2004/2005 budget and 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: BASIC CLASSIFICATION AND COMPENSATION PLANS There is hereby established a basic compensation for all "Supervisory" employees of the City of Tustin who are now employed, or will in the future be employed in any of the classifications of employment listed in this Resolution and its attachments. This Resolution also eliminates the classifications of Police Communications Coordinator and Police Records Coordinator and incorporates the new classifications of Police Communications Supervisor, Police Records Supervisor and Property and Evidence Supervisor. Section 2: SALARY AND WAGE SCHEDULE/ADMINISTRATION The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendix "A". This Appendix contains equity and reclassification adjustments from 2.25% to 15% to be effective with the pay period beginning February 23, 2004, (increase applied to the base salary rates of all classifications in the unit and the salaries of all employees in the unit). The attached salary and wage schedules shall constitute the basic compensation plan consisting of five steps or rates of pay in each range. For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 10114 When a regular unit employee is reduced because the position the employee occupied is reclassified (resulting in an involuntary demotion), and the salary of the employee is greater than the maximum rate in the new pay range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum rate in the new pay range exceeds the salary of the employee or until 26 pay periods have elapsed, whichever is sooner. Section 3: DEFINITION A "Supervisory" employee is broadly defined as an employee with authority to hire, transfer, promote, discipline or assign other employees or effectively to recom- mend such action and 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 employees supervised. Section 4: EFFECTIVE DATES The effective date of each Section is February 17, 2004, unless otherwise stated herein. Section 5: MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all compensation, hours and other terms and conditions of employment for "Supervisory" employees shall remain in full force and effect unless changed subsequent to meetings between the City and representatives of the "Supervisory" employees and/or by a subsequent Resolution adopted by the City Council. Section 6: OVERTIME PAY Unit classifications designated as non-exempt for purposes of the Fair Labor Standards Act (FLSA), shall receive overtime pay in accordance with the rules which govern non-exempt employees in the Tustin Municipal Employees Association general employee bargaining unit (TMEA). Section 7: BILINGUAL PAY Unit employees shall be eligible to receive an additional $34.62 per pay period if the following conditions are met: A. The employee must, on a frequent and recurring basis, speak and/or trans- late by reading/writing one or more languages other than English in the per- formance of his/her public contact duties with the City. B. The employee must pass a language skills test approved or administered by the City. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page20114 The City Manager, or his designee, may limit the number of employees eligible based on the needs of the City. Section 8: UNIFORMS The City will provide a uniform maintenance allowance of two-hundred and fifty dollars ($250.00) annually for those employees assigned to the Police Department and are required by the City to wear a uniform full time. This allowance is paid bi-weeky over 26 pay-periods. Section 9: COMPENSATORY TIME Employees will be paid for all compensatory time in December of each year pro- vided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. Section 10: REST PERIODS During each work shift of at least eight (8) hours two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Section 11: STAND BY/COURT APPEARANCES Unit employees in the Police Department, assigned to stand-by 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 stand-by duty. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appear- ances and two (2) hours straight time for afternoon (p.m. hours) appearances. If a scheduled stand by is canceled and the employee is not advised of the can- cellation before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior, will negate the two hours of standby pay. Employees who are scheduled for standby shall advise the department of a telephone number where they can be either reached or a message can be left to advise them of a cancellation. Section 12: CALL BACK DUTY Employees shall receive a minimum of two (2) hours overtime compensation (time and one-half) for any call which requires them to return to duty. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 3 01 14 Section 13: SHIFT DIFFERENTIAL Any unit employee assigned to the Police Department, and who is assigned on a regular basis (ten 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 fifty dollars ($50.00) 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. Section 14: GENERAL LEAVE General Leave with pay shall be granted to each full-time regular and probation- ary employee at the rate listed below per year, prorated on a bi-weekly basis for each bi-weekly pay period in which the employee works, or is utilizing authorized paid leave time, more than half time. Periods of Service 0-5 years 6-10 years Over 10 years General Leave Hours Per Year 160 208 248 Each January, "Supervisory" employees may be entitled to one additional day (8 hours) of General Leave for satisfactory performance as determined by the recommen- dation of his/her Department Head. Accrual and payout of General Leave is limited to a maximum of twice the employee's annual accrual entitlement. Designated regular part-time employees shall be eligible for General Leave ac- crual on a pro-rata share based upon allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Section 15: TEXTBOOK AND TUITION REIMBURSEMENT A. Unit employees, who have completed his/her initial probationary period, are eligible for reimbursement for up to $1,000 dollars each calendar year if the employee is attending a community college or $2,000.00 each cal- endar 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 $1500.00 per calendar year. B. Unit employees will be reimbursed upon receipt by the Human Resources Department of proof of successful completion of the course (final grade of "C" or better) and proof that payment of fees has been made. Eligible ex- penses eligible for reimbursement include tuition fees, textbooks, lab fees, or required supplies. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page40114 C. Department Head and Director of Human Resources approval must be obtained before enrollment in the course. An approved course is one designated to directly improve the knowledge of the employee relative to his/her specific job. D. Tuition reimbursement shall not be made if the employee is drawing vet- eran's education benefits or any other reimbursement for the same courses. E. Designated regular part-time employees shall be eligible for reimburse- ment on a pro-rata share based upon allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% al- location). Section 16: RETIREMENT A. The City shall continue to "pick up" and pay on behalf of each regular full time unit employee the employee's required contribution to the Public Employees Retirement System (PERS) 2% @ 55 Supplemental or Modi- fied Formula for Local Miscellaneous Members in the amount equal to seven percent (7%) of the employee's "compensation earnable". B. Designated regular part-time unit employees shall be eligible for participa- tion in PERS in the same manner as regular full-time employees. C. The employee is required to pay the cost of the 1959 Survivor Benefits Premium. Section 17: SOCIAL SECURITY In the event the City and its employees are required to participate in the federal Social Security program, the City shall meet with "Supervisory" employees concerning implementation of the Social Security program. Section 18: MEDICARE Unit employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the MediCare Program, and the City shall be under no obligation to payor "pick up" any such contributions. In the event unit employees hired prior to April 1, 1986, are required to participate in MediCare, the City shall meet with unit representatives prior to implementing this change. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 5 01 14 In the event the City is given the option to allow individual employees hired prior to April 1, 1986, to participate in the Medicare program, it shall do so, provided, however, that any employee who exercises this option shall pay his/her share and the City's share of Medicare contributions. Section 19: HEALTH INSURANCE/FLEXIBLE BENEFITS PLAN Each employee with a payroll deduction for medical, dental and/or other eligible insurance premiums shall have his/her Flexible Benefit Contribution and/or salary reduced by the amount of those deductions on a before-tax basis. A. The Flexible Benefits Contribution for eligible "Supervisory" employees oc- cupying a classification in this unit shall be as follows: Employee Only Employee + 1 Dependent $668 Employee + 2 or more Dependents $844 $384 B. Designated regular part-time unit employees shall be eligible for the flexible benefit plan contribution on a pro-rata share based upon position allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). C. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. Consistent with PERS, $16 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: 1. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. 2. Dentallnsurance 3. Additional Life Insurance 4. Vision Insurance 5. Deferred Compensation 6. Section 125 Programs 7. Eligible Catastrophic Care Programs 8. Cash Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. D. The Flexible Benefits Program is governed by Section 125 of the IRC. The City retains the right to change administrators. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page60114 E. Employees who do not elect medical insurance through the program offered by the City shall receive $300 per month in lieu of the flexible benefits con- tribution. As a condition of receiving such amount, the employee must pro- vide evidence, satisfactory to the City, that he/she has medical/dental insur- ance coverage comparable to coverage available through the City program (see below). Designated regular part-time unit employees shall be eligible for the in-lieu flexible benefit plan contribution on a pro-rata share based upon position allocation (i.e. a Y:z time employee shall receive a 50% alloca- tion; a % time employee shall receive a 75% allocation). F. An employee may "opt-out" of the City's medical and/or dental plan under these conditions: 1. The employee must sign a document stating his/her desire to waive medical or dental insurance. 2. The employee must provide proof of other coverage, which shall be con- firmed by the City each year prior to open enrollment. 3. The employee may only re-enroll during a) annual open enrollment or b) upon loss of coverage in accordance with the underwriting guidelines for each of the City's health plans. Re-enrollment in plans may be subject to preexisting conditions, if established by the provider. Section 20: SHORT/LONG-TERM DISABILITY INSURANCE A. The City shall maintain a short/long term disability program providing eligible employees a benefit of 60% of base salary pre-disability earnings after a 30 day waiting period. Eligibility for benefits is subject to the STD/L TD carrier. B. All unit employees are required to participate in the program; premiums are deducted from the employee's pay on an after-tax basis. C. In the event an illness or injury is anticipated to exceed 30 days, and such illness/injury is not covered by other provisions of the City's Personnel Rules, Regu- lations and/or other policies, the employee is first required to utilize 80 consecutive hours of his/her general leave or other available 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. D. After the employees use of 80 leave hours the remainder of the 30 day elimination period for the absence shall be paid by the City at the rate of 60% of the employees base salary pre-disability earnings. This City payment is taxable in- come. The employee may supplement this City payment with general leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. S:\SUPERVISORY UNIT\supervisory resolution 021704.doc Page70114 E. In the event the employee is eligible for FMLA, such leave and any bene- fits/payment provided hereunder shall not be additional to other provisions of the MOU or the City's Personnel Rules, Regulations and/or other policies. F. In the event has worked for the City for less than 12 consecutive months and the employee is not eligible for FMLA, the City's will provide the employee the same health insurance benefits as provided while working for a period not to exceed 90 days. G. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no general or other leave shall accrue to the em- ployee. H. The employee may supplement the STD/L TD carrier's payment with general leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. I. 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. The employee will be provided a form to make such elections. In the event the employee elects 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/L TD program). In the event timely payment is not made, the City is authorized to reduce the employee's general leave and/or other leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no general or other leave is available, the City is authorized to cancel the employee's coverage. J. In the event the employee has previously received payment by the City for the same illnesslinjury, the employee shall not be eligible for the City's 60% salary con- tinuation nor 90 days of continued medical benefits. K. In no event shall an employee receive 90 days of continued CITY PAID medical benefits more than once in any rolling 12 month period. Should an employee receive 90 days of City paid medical benefits within the 12 month period prior to being eligible for this benefit pursuant to the FMLAlCFRA, and is then eligible to receive the benefit pursuant to the FMLAlCFRA, the employee shall reim- burse the City for its' previous contribution. Section 21: LIFE INSURANCE The City will provide life insurance on each life of each regular, permanent unit employee and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1 ,000.00. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 8 01 14 Designated regular part-time unit employees shall be eligible for employee life insurance on a pro-rata share based upon position allocation. The death benefit of said policy for part-time employees shall be the greater of $25,000.00 (for 1/2 time) or $37,500 (for 3/4 time). Section 22: CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 Employees who are allowed to remain on a City health, dental or other insurance plan following separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee). Section 23: HOLIDAYS The following days shall be holidays for which all eligible full-time regular and probationary unit employees will receive compensation either in payor paid time off. January 1 New Year's Day Third Monday in February Last Monday in May President's Day July4 Memorial Day Independence Day First Monday in September Labor Day Veteran's Day November 11 Thursday in November designated by the President or Governor as Thanksgiving Day. Day following the Thursday in November designated as Thanksgiving Day. Thanksgiving Day Day after Thanksgiving Day Day before the Christmas Day Holiday December 25 Christmas Eve Holiday Christmas Day Day before the New Year's Day Holiday New Year's Eve Holiday S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 9 01 14 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. When a holiday falls on a Friday that is not a workday the holiday will be observed on the following Monday. A holiday is equivalent in value to the workday of the employee on the day the holiday occurs; however a holiday shall never have a value that exceeds nine (9) hours. If an employee's scheduled day off falls on the day of the holiday, he/she shall receive an amount of pay equivalent to his/her scheduled work day. For each holiday, full-time regular and probationary personnel on shifts will receive nine (9) hours of General Leave for each day or equivalent pay, whichever, in the judgment of the Human Resources Director, best serves the inter- est of the City. Full-time regular and probationary personnel not assigned to shifts will receive paid time off; nine (9) hours for a day. If a non-shift employee's sched- uled day off falls on the day of the holiday, he shall receive nine (9) hours pay for each day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he/she would receive for his/her regular shift. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of a lawful absence, the employee's regularly scheduled day before and the regularly scheduled day after the holiday. Should one of the holidays listed above fall during an employee's General Leave period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumu- lated General Leave. Designated regular part-time unit employees shall be eligible for holidays on a pro-rata share based upon position allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). On December 1 of each year, regular and promotional probationary unit em- ployees assigned to the Police Department may request a cash out of his/her holiday credit for the following year in lieu of having time off. The request may only be for all cash, all General Leave, or one-half cash/one-half General Leave. This notification shall be in writing and is irrevocable. Administration of this program shall be consis- tent with the program adopted for employees represented by Tustin Police Support Services Association (TPSSA). S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 100114 Section 24: SEPARATION FROM EMPLOYMENT Unit employees who separate from employment by resignation, layoff or otherwise, shall be paid the balance of his/her accumulated General Leave credits (to a maximum of twice the employee's annual accrual entitlement) at the salary rate in effect on the date of separation. In the case of the employee's death, the balance shall be paid to the employee's designee or, if none, to the employee's estate. Section 25: SEVERANCE PAY AND ASSISTANCE TO LAYOFFEES A. Severance pay of one week per year of service subject to a maximum of 4 weeks pay, will be provided to employees who are laid off and not offered em- ployment through an agreement between a contractor and the City of Tustin. B. Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. C. Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Section 26: JURY DUTY When an employee is duly summoned to jury duty, he/she shall receive his/her regular pay for any regularly scheduled working hours spent in actual performance of such service. Employees who have the option to request call-in juror status shall exercise that option. Section 27: WORKERS' COMPENSATION PROGRAM The rules governing Workers' Compensation shall apply to "Supervisory" employ- ees. Section 28: PAYROLL SYSTEM The City shall utilize the biweekly pay system. Pay periods shall begin at noon every other Friday, and end at 11 :59 a.m. on the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception to this is when that Friday is a City holiday; the payday shall fall on the preceding business day. Calendar year 2004 will have 27 pay periods. On the 2ih pay period no deductions will be made for health benefits nor will the employee receive any flexible benefit contribution. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 11 0114 Section 29: 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 department/City. The City Manager has the authority to implement rules/polices and procedures for Alternative Work Schedules for "Supervisory" employees. Section 30: RETIREE'S HEALTH INSURANCE The City will reimburse eligible unit employees up to a maximum of $182.00 per month for the payment of PERS retiree medical insurance premiums for the employee and his/her spouse (reimbursement for a spouse is made only if the employee is also enrolled). Employees are eligible provided they have been continuously employed by the City of Tustin for five full years and retire and enroll in health insurance immediately after the conclusion of his/her service with the City of Tustin. Such reimbursement includes any required contribution made for eligible retirees under the PERS Public Employees' Medical and Hospital Care Act Program. Section 31: BEREAVEMENT LEAVE Unit employees are allowed up to three (3) days with pay for the purpose of be- reavement leave in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Designated regular part- time employees shall be eligible for bereavement leave on a pro-rata share based upon position allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Section 32: L TD LEAVE OF ABSENCE An employee receiving L TD benefits under the City's program may be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of six (6) months. Section 33: FAMILY LEAVE Consistent with requirements of the State and Federal Family Medical Leave Act(s), eligible unit employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave, eligible employees will continue to receive City contributions toward medical benefits. For all other purposes, State and Federal Family Medical Leave shall be treated the same as other unpaid leaves of absence. S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 120114 Section 34: OTHER LEAVES The needs of the employee will be considered in the granting of leaves of ab- sence and unit employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. Section 35: SEVERANCE PAY LAYOFF POLICY, ASSISTANCE TO LAYOFFEES, AND Unit employees shall be governed by the same Reductions-in-force or Layoffs procedures and/or policies as established for general employees. Passed and adopted at a regular meeting of the Tustin City Council held on the 17th day of February 2004. TONY KAWASHIMA, MAYOR ATTEST: CITY CLERK S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 13 01 14 APPENDIX A SUPERVISORY SALARY SCHEDULE EFFECTIVE FEBRUARY 23, 2004 New Step Step Step Step Step Classification Title Range A B C D E Police Communications Supervisor 650 $ 4,448 $ 4,676 $ 4,915 $ 5,167 $ 5,431 Police Records Supervisor 592 $ 3,848 $ 4,045 $ 4,252 $ 4,470 $ 4,699 Property & Evidence Supervisor 585 $ 3,781 $ 3,975 $ 4,179 $ 4,393 $ 4,618 Recreation Coordinator 566 $ 3,606 $ 3,791 $ 3,985 $ 4,189 $ 4,404 S:\SUPERVISORY UNITlsupervisory resolution 021704.doc Page 140114 RESOLUTION NO. 04-23 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 02-18. 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; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement the provisions of this Resolution and, if necessary, adjust the Fiscal Year 2004/2005 budget and 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: BASIC CLASSIFICATION AND COMPENSATION PLANS There is hereby established a basic compensation for all "Executive Management" and "Management" employees of the City of Tustin who are now employed, or will in the future be employed in any of the classifications of employment listed in this Resolution and its attachments. Whenever the term "Executive Management" is used, it shall be understood to include the City Manager when the personnel action affects an "Executive Manager". This Resolution also eliminates the classifications of Police Administrative/Support Services Manager and Police Support Services Supervisor and incorporates the new classifications of Police Support Services Administrator and Police Support Services Manager. Section 2: SALARY AND WAGE SCHEDULE/ADMINISTRATION The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendix "A". This Appendix contains equity and reclassification adjustments from 0% - 10% to be effective February 23, 2004 (increase applied to the base salary rates of the classifications in the unit and the salaries of the incumbents in the classifications). The attached salary and wage schedules shall constitute the basic compensation plan consisting of five steps or rates of pay in each range. For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. S:\Management\rnanagement resolutionO21704.doc Page 1 0115 When a regular unit employee is reduced because the position the employee occupied is reclassified (resulting in an involuntary demotion), and the salary of the employee is greater than the maximum rate in the new pay range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum rate in the new pay range exceeds the salary of the employee or until 26 pay periods have elapsed, whichever is sooner. Section 3: DEFINITION As listed in Appendix "A", the classifications designated as "Executive Manage- ment" include the position of Assistant City Manager and those classifications designated by the City as a Department Head; the classifications designated as "Management" include all other classifications designated by the City as Management. The benefits and terms of employment of the City Manager shall be as set forth herein, provided that any contrary written terms established by the City Council, which provide a greater benefit than provided for in this Resolution, shall prevail. Section 4: EFFECTIVE DATES The effective date of each Section is February 17, 2004, unless otherwise stated herein. Section 5: MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all compensation, hours and other terms and conditions of employment presently authorized for "Executive Management" and "Management" employees shall remain in full force and effect unless changed subse- quent to meetings between the City and representatives of the "Executive Manage- ment" and "Management" employees and/or by a subsequent Resolution adopted by the City Council. Section 6: FAIR LABOR STANDARDS ACT Classifications in "Executive Management" and "Management" are exempt from overtime compensation for purposes of the Fair Labor Standards Act (FLSA). Section 7: ADMINISTRATIVE LEAVE Employees covered by this Resolution are compensated for meeting the requirements and performing the duties of his/her job 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 employees covered by this Resolution unless otherwise required by State or Federal law. In lieu of overtime compensation, the City will provide administrative leave as follows: S:\Managementlmanagement resolutionO21704.doc Page20115 A. Once annually, in January, forty (40) hours of Administrative Leave is granted to each employee in classifications covered by this Resolution. Employees who are hired or promoted to a classification covered by this Resolution after January shall have a prorated share of administrative leave granted at time of appointment (3.33 hours per month of time re- maining in calendar year of appointment). B. Additionally, each January, each "Executive Management" and/or "Man- agement" 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 years' job performance and his/her commitment of time dedicated to City business in excess of his/her regular work sched- ule. C. An employee whose performance is in need of improvement, pursuant to a performance evaluation, or a performance improvement plan, is not eligible to receive additional Administrative Leave. D. Administrative Leave must be used in the year it is granted; there are no carryover provisions. Use is completely discretionary upon the approval of the Department Head or the City Manager. Section 8: GENERAL LEAVE General Leave with pay shall be granted to each full-time regular and probation- ary employee at the rate listed below per year, prorated on a bi-weekly basis for each bi-weekly pay period in which the employee works, or is utilizing authorized paid leave time, more than half time. Periods of Service 0-5 years 6-10 years Over 10 years General Leave Hours Per Year 160 208 248 When appointing an individual to an "Executive Management" classification, the City Manager shall have the authority to consider employment from outside the City of Tustin from another city, district, special district or the state government. The City Manager may authorize an advanced accrual rate utilizing credit for prior years of public agency service towards the appointees' annual General Leave accrual rate if that public agency experience ended within 6 months of the date of employment with the City of Tustin. Each January, "Executive Management" may be entitled to two additional days of General Leave for satisfactory performance as determined by the City Manager; other "Managers" may be entitled to one additional day of general leave as determined by his/her Department Head. S:\Managementlmanagement resolutionO21704.doc Page 3 01 15 In April of each year "Management" employees may request to cash out up to one week's accumulation of General Leave time (forty hours). "Executive Management" and/or those "Management" employees with six or more years of service may request to cash out up to one additional week of General Leave accumulation (maximum total cash out eighty hours). Such General Leave cash out shall be reported to PERS as special compensation pursuant to California Code of Regulations Section 571 (1) Incentive Pay - Off-Salary-Schedule Pay. Accrual and payout of General Leave is limited to a maximum of twice the employee's annual accrual entitlement. Designated regular part-time employees shall be eligible for General Leave ac- crual on a pro-rata share based upon allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). A. Section 9: TEXTBOOK AND TUITION REIMBURSEMENT Unit employees, who have completed his/her initial probationary period, are eligible for reimbursement for up to $1,000 dollars each calendar year if the employee is attending a community college or $2,000.00 each cal- endar 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 $1500.00 per calendar year. B. Unit employees will be reimbursed upon receipt by the Human Resources Department of proof of successful completion of the course (final grade of "C" or better) and proof that payment of fees has been made. Eligible ex- penses eligible for reimbursement include tuition fees, textbooks, lab fees, or required supplies. C. Department Head and Director of Human Resources approval must be obtained before enrollment in the course. An approved course is one designated to directly improve the knowledge of the employee relative to his/her specific job. D. Tuition reimbursement shall not be made if the employee is drawing vet- eran's education benefits or any other reimbursement for the same courses. F. Designated regular part-time employees shall be eligible for reimburse- ment on a pro-rata share based upon allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% al- location). S:\Managementlmanagement resolutionO21704.doc Page40115 Section 10: UNIFORMS The City shall provide the Police Chief and the Police Captain classifications re- placement uniforms as needed. Additionally, these classifications receive an allowance of $12.50 per pay period (maximum $325 per year) for care and maintenance. Section 11: RETIREMENT A. The City shall continue to "pick up" and pay on behalf of each regular full time non-sworn unit employee the employee's required contribution to the Public Employees Retirement System (PERS) 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members in the amount equal to seven percent (7%) of the employee's "compensation earnable". B. The City shall continue to "pick up" and pay on behalf of each regular full time sworn unit employee the employee's required contribution to the Pub- lic Employees Retirement System (PERS) 3% @ 50 Formula for Local Safety Members in the amount equal to nine percent (9%) of the em- ployee's "compensation earnable". C. Designated regular part-time unit employees shall be eligible for participa- tion in PERS in the same manner as regular full-time employees. D. The employee is required to pay the cost of the 1959 Survivor Benefits Premium. Section 12: DEFERRED COMPENSATION -401a Plan The 401 (a) deferred compensation plan provides "Executive Management" and "Management" with a tax-deferred savings plan for future financial planning. Non-sworn "Executive Management" and "Management" employees receive a two percent (2%) deferred compensation contribution paid by the City with no match required; these employees are also eligible to receive an additional three percent (3%) deferred compensation contribution paid by the City on a dollar-for-dollar match basis with participation in one of the City's 457 deferred compensation programs. Sworn "Executive Management and "Management" employees receive a two and one-half percent (2.5%) contribution with no match requirement. Section 13: SOCIAL SECURITY In the event the City and its employees are required to participate in the federal Social Security program, the City shall meet with "Executive Management" and "Man- agement" employees concerning implementation of the Social Security program. S:IManagementlmanagement resoJutionO21704.doc Page 5 01 15 Section 14: MEDICARE Unit employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the MediCare Program, and the City shall be under no obligation to payor "pick up" any such contributions. In the event unit employees hired prior to April 1, 1986, are required to participate in MediCare, the City shall meet with unit representatives prior to implementing this change. In the event the City is given the option to allow individual employees hired prior to April 1, 1986, to participate in the Medicare program, it shall do so, provided, however, that any employee who exercises this option shall pay his/her share and the City's share of Medicare contributions. Section 15: VEHICLE/EXPENSE ALLOWANCE Each employee designated as "Executive Management" shall have his/her personal vehicle available and shall utilize his/her personal vehicle for City business. Additionally, "Executive Management" employees typically incur other miscellaneous expenses associated with conducting City business. To cover these costs, "Executive Management" employees receive a $250.00 monthly vehicle/expense allowance. The City Manager shall promulgate rules and regulations, pursuant to the regulations of the Internal Revenue Code, for reporting and receipt of this allowance. In consideration of the duties associated with the classification, in lieu of this al- lowance, the classifications of City Manager, Police Chief and Police Captain are provided a City Vehicle. Section 16: HEALTH INSURANCE/FLEXIBLE BENEFITS PLAN Effective January 1, 2003, the City established a Flexible Benefits Plan, including the provision of a Flexible Benefits Contribution, for all regular "Executive Management" and "Management" employees in the amounts listed below. Each employee with a payroll deduction for medical, dental and/or other eligible insurance premiums shall have his/her Flexible Benefit Contribution and/or salary reduced by the amount of those deductions on a before-tax basis. A. Employees hired into a classification within "Management" on or after September 4, 2002 shall be eligible for participation in the City's Flexible Benefit Plan and eligible to receive a Flexible Benefits Contribution based on enrollment in a PERS medical plan as follows: S:IManagementlmanagement resolutionO21704.doc Page 6 01 15 Employee Only Employee + 1 Dependent $668 Employee + 2 or more Dependents $844 $384 Effective January 1, 2003, the Flexible Benefits Contribution for eligible "Executive Management" and "Management" employees occupying a classification in this unit on or before September 3, 2002 (provided he/she continues to occupy a classification in this unit) shall be as follows: Employee Only Employee + 1 Dependent $1168 Employee + 2 or more Dependents $1514 $584 B. Designated regular part-time unit employees shall be eligible for the flexible benefit plan contribution on a pro-rata share based upon position allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). C. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. Consistent with PERS, $16 of this contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: 1. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. 2. Dentallnsurance 3. Additional Life Insurance 4. Vision Insurance 5. Deferred Compensation 6. Section 125 Programs 7. Eligible Catastrophic Care Programs 8. Cash Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. D. The Flexible Benefits Program is governed by Section 125 of the IRC. The City retains the right to change administrators. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. S:\Managementlmanagement resolutionO21704.doc Page70115 E. Employees who do not elect medical insurance through the program offered by the City shall receive $300 per month in lieu of the flexible benefits con- tribution. As a condition of receiving such amount, the employee must pro- vide evidence, satisfactory to the City, that he/she has medical/dental insur- ance coverage comparable to coverage available through the City program (see below). Designated regular part-time unit employees shall be eligible for the in-lieu flexible benefit plan contribution on a pro-rata share based upon position allocation (i.e. a Y2 time employee shall receive a 50% alloca- tion; a % time employee shall receive a 75% allocation). F. An employee may "opt-out" of the City's medical and/or dental plan under these conditions: 1. The employee must sign a document stating his/her desire to waive medical or dental insurance. 2. The employee must provide proof of other coverage, which shall be con- firmed by the City each year prior to open enrollment. 3. The employee may only re-enroll during a) annual open enrollment or b) upon loss of coverage in accordance with the underwriting guidelines for each of the City's health plans. Re-enrollment in plans may be subject to preexisting conditions, if established by the provider. Section 17: WELLNESS PROGRAM Unit employees are eligible to participate in the "Management Wellness Program". The City will contribute up to $400 toward the cost of a bi-annual health/wellness assessment. A unit employee may participate in the bi-annual heart program or utilize the benefit for his/her specialized needs. When utilized for specific needs, the content and extent of the examination of each individual shall be determined by the physician in charge and shall be tailored to the individual's particular needs. The employee may choose to have said examination performed by the physician of his/her choice or the City's designated medical provider. Reimbursement shall be provided only for non-reimbursed costs supported by submission of itemized receipts for the expenses incurred and an itemized Explanation of Benefits (EOB) from the employees' medical carrier. The City Manager shall promulgate rules governing the administration of this program in compliance with Internal Revenue Code regulations for reporting and receipt of benefits associated with this program. The bi-annual "Management Wellness Program" is offered in NovemberlDecember of odd numbered years. S:\Managementlmanagement resolutionO21704.doc Page80115 Section 18: SHORT/LONG-TERM DISABILITY INSURANCE A. The City shall maintain a short/long term disability program providing eligible employees a benefit of 60% of base salary pre-disability earnings after a 30 day waiting period. Eligibility for benefits is subject to the STD/L TD carrier. B. All unit employees are required to participate in the program; premiums are deducted from the employee's pay on an after-tax basis. C. In the event an illness or injury is anticipated to exceed 30 days, and such illness/injury is not covered by other provisions of the City's Personnel Rules, Regulations and/or other policies, the employee is first required to utilize 80 consecutive hours of his/her general leave or other available 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. D. After the employees use of 80 leave hours the remainder of the 30 day elimination period for the absence shall be paid by the City at the rate of 60% of the employees base salary pre-disability earnings. This City payment is taxable income. The employee may supplement this City payment with gen- eral leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. E. In the event the employee is eligible for FMLA, such leave and any bene- fits/payment provided hereunder shall not be additional to other provisions of the MOU or the City's Personnel Rules, Regulations and/or other policies. F. In the event has worked for the City for less than 12 consecutive months and the employee is not eligible for FMLA, the City's will provide the employee the same health insurance benefits as provided while working for a period not to exceed 90 days. G. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no general or other leave shall accrue to the employee. H. The employee may supplement the STD/L TD carrier's payment with general leave or other available leave to enable him/her to receive an amount equiva- lent to no more than 100% of his/her pre-disability earnings. S:\Managementlmanagement resolutionO21704.doc Page 9 01 15 I. 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. The employee will be provided a form to make such elec- tions. In the event the employee elects to continue his/her benefit elections, the employee is required to make timely payment to the City for such elec- tions (including the cost of the STD/L TD program). In the event timely pay- ment is not made, the City is authorized to reduce the employee's general leave and/or other leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no general or other leave is available, the City is authorized to cancel the employee's coverage. J. In the event the employee has previously received payment by the City for the same illnesslinjury, the employee shall not be eligible for the City's 60% salary continuation nor 90 days of continued medical benefits. K. In no event shall an employee receive 90 days of continued CITY PAID medical benefits more than once in any rolling 12 month period. Should an employee receive 90 days of City paid medical benefits within the 12 month period prior to being eligible for this benefit pursuant to the FMLAlCFRA, and is then eligible to receive the benefit pursuant to the FMLAlCFRA, the employee shall reim- burse the City for its' previous contribution. Section 19: LIFE INSURANCE The City will provide life insurance on each life of each regular, permanent unit employee and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Designated regular part-time unit employees shall be eligible for employee life insurance on a pro-rata share based upon position allocation. The death benefit of said policy for part-time employees shall be the greater of $25,000.00 (for 1/2 time) or $37,500 (for 3/4 time). Section 20: CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 Employees who are allowed to remain on a City health, dental or other insurance plan following separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee). S:IManagementlmanagement resolutionO21704.doc Page 100115 Section 21: HOLIDAYS The following days shall be holidays for which all eligible full-time regular and probationary unit employees will receive compensation either in payor paid time off. January 1 New Year's Day Third Monday in February Last Monday in May President's Day Memorial Day First Monday in September November 11 Independence Day Labor Day July4 Veteran's Day Thursday in November designated by the President or Governor as Thanksgiving Day. Day following the Thursday in November designated as Thanksgiving Day. Thanksgiving Day Day after Thanksgiving Day December 25 Christmas Eve Holiday Christmas Day Day before the Christmas Day Holiday Day before the New Year's Day Holiday New Year's Eve Holiday When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. When a holiday falls on a Friday that is not a workday the holiday will be observed on the following Monday. A holiday is equivalent in value to the workday of the employee on the day the holiday occurs. If an employee's scheduled day off falls on the day of the holiday, he/she shall receive an amount of pay equivalent to his/her scheduled work day. Payment for a holiday shall never exceed what would be paid if the employee worked his/her regular work day. The intent of the holiday benefit is to ensure an eligible employee is compensated for the day off without the use of addi- tional General Leave. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of a lawful absence, the employee's regularly scheduled day before and the regularly scheduled day after the holiday. Should one of the holidays listed above fall during an employee's General Leave period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumu- lated General Leave. S:IManagementlmanagement resolutionO21704.doc Page 11 0115 Designated regular part-time unit employees shall be eligible for holidays on a pro-rata share based upon position allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Section 22: SEPARATION FROM EMPLOYMENT Unit employees who separate from employment by resignation, layoff or otherwise, shall be paid the balance of his/her accumulated General Leave credits at the salary rate in effect on the date of separation. In the case of the employee's death, the balance shall be paid to the employee's designee or, if none, to the employee's estate. Section 23: JURY DUTY When an employee is duly summoned to jury duty, he/she shall receive his/her regular pay for any regularly scheduled working hours spent in actual performance of such service. Employees who have the option to request call-in juror status shall exercise that option. Section 24: WORKERS' COMPENSATION PROGRAM The rules governing Workers' Compensation shall apply to "Executive Manage- ment" and "Management" employees. Section 25: PAYROLL SYSTEM The City shall utilize the biweekly pay system. Pay periods shall begin at noon every other Friday, and end at 11 :59 a.m. on the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception to this is when that Friday is a City holiday; the payday shall fall on the preceding business day. Calendar year 2004 will have 27 pay periods. On the 2ih pay period no deductions will be made for health benefits nor will the employee receive any flexible benefit contribution. Section 26: 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 department/City. The City Manager has the authority to implement rules/polices and procedures for Alternative Work Schedules for "Executive Management" and "Management" employees. S:\Managementlmanagement resolution021704.doc Page120115 Section 27: RETIREE'S HEALTH INSURANCE The City will reimburse eligible unit employees up to a maximum of $300.00 per month for the payment of PERS retiree medical insurance premiums for the employee and his/her spouse (reimbursement for a spouse is made only if the employee is also enrolled). Employees are eligible provided they have been continuously employed by the City of Tustin for five full years and retire and enroll in health insurance immediately after the conclusion of his/her service with the City of Tustin. Such contribution is in addition to the $32.00 per month City contribution required to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribu- tion. Reimbursement shall not be made until an employee appears on the City's PERS insurance billing. Section 28: BEREAVEMENT LEAVE Unit employees are allowed up to three (3) days with pay for the purpose of be- reavement leave in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Designated regular part- time employees shall be eligible for bereavement leave on a pro-rata share based upon position allocation (i.e. a Y:z time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Section 29: L TD LEAVE OF ABSENCE An employee receiving L TD benefits under the City's program may be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of six (6) months. Section 30: FAMILY LEAVE Consistent with requirements of the State and Federal Family Medical Leave Act(s) , eligible unit employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave, eligible employees will continue to receive City contributions toward medical benefits. For all other purposes, State and Federal Family Medical Leave shall be treated the same as other unpaid leaves of absence. S:\Managementlmanagement resolutionO21704.doc Page 130115 Section 31: OTHER LEAVES The needs of the employee will be considered in the granting of leaves of ab- sence and unit employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. Section 32: SEVERANCE PAY LAYOFF POLICY, ASSISTANCE TO LAYOFFEES, AND Unit employees shall be governed by the same Reductions-in-force or Layoffs procedures and/or policies as established for general employees. Section 33: OTHER BENEFITS Amendments pertaining to non-management, non-sworn employees made to the City Rules and Regulations, fringe benefits or other employment conditions shall also apply to "Executive Management" and "Management" employees. Passed and adopted at a regular meeting of the Tustin City Council held on the 17th day of February, 2004. TONY KAWASHIMA, MAYOR ATTEST: CITY CLERK S:\Managementlmanagement resolution021704.doc Page 140115 APPENDIX A EXECUTIVE MANAG EM ENT MONTHLY SALARY RANGES New Step Step Step Step Step Classification Title Range A B C D E Assistant City Manager 938 $ 9,130 $ 9,598 $10,089 $10,606 $ 11,149 Dir. of Parks & Recreation 859 $ 7,496 $ 7,880 $ 8,284 $ 8,708 $ 9,154 Dir. Pub Works/City Eng. 914 $ 8,600 $ 9,040 $ 9,503 $ 9,989 $10,501 Dir. of Community Development 886 $ 8,018 $ 8,429 $ 8,861 $ 9,314 $ 9,791 Dir. of Human Resources 847 $ 7,275 $ 7,647 $ 8,039 $ 8,451 $ 8,883 Dir. of Finance 885 $ 7,999 $ 8,409 $ 8,839 $ 9,292 $ 9,768 Police Chief 938 $ 9,130 $ 9,598 $ 10,089 $10,606 $ 11,149 MANAGEMENT MONTHLY SALARY RANGES New Step Step Step Step Step Classification Title Range A B C D E Accounting Supervisor 676 $ 4,747 $ 4,990 $ 5,245 $ 5,514 $ 5,796 Admin Services Manager 716 $ 5,245 $ 5,514 $ 5,796 $ 6,093 $ 6,405 Asst. Director, Comm Dev. 830 $ 6,973 $ 7,330 $ 7,705 $ 8,099 $ 8,514 Asst. Finance Director 712 $ 5,193 $ 5,459 $ 5,739 $ 6,033 $ 6,341 Asst. Public Works Director 832 $ 7,007 $ 7,366 $ 7,743 $ 8,140 $ 8,557 Building Official 805 $ 6,551 $ 6,886 $ 7,239 $ 7,609 $ 7,999 Chief Deputy City Clerk 733 $ 5,473 $ 5,753 $ 6,048 $ 6,357 $ 6,683 Engineering Services Mgr 815 $ 6,716 $ 7,060 $ 7,422 $ 7,802 $ 8,201 Field Service Manager 756 $ 5,796 $ 6,093 $ 6,405 $ 6,733 $ 7,078 Maintenance Supervisor 616 $ 4,086 $ 4,295 $ 4,515 $ 4,746 $ 4,989 Police Captain 878 $ 7,860 $ 8,262 $ 8,685 $ 9,130 $ 9,598 Police Support Service Administrator 756 $ 5,796 $ 6,093 $ 6,405 $ 6,733 $ 7,078 Police Support Services Manager 690 $ 4,915 $ 5,167 $ 5,431 $ 5,710 $ 6,002 Principal Engineer 769 $ 5,988 $ 6,294 $ 6,616 $ 6,955 $ 7,311 Principal Planner 760 $ 5,854 $ 6,154 $ 6,469 $ 6,801 $ 7,149 Recreation Superintendent 719 $ 5,285 $ 5,555 $ 5,840 $ 6,139 $ 6,453 Recreation Supervisor 612 $ 4,046 $ 4,253 $ 4,471 $ 4,700 $ 4,940 Redevelopment Program Mgr. 783 $ 6,201 $ 6,518 $ 6,852 $ 7,203 $ 7,571 Sr. Human Resources Analyst 679 $ 4,782 $ 5,027 $ 5,284 $ 5,555 $ 5,839 Senior Planner 738 $ 5,542 $ 5,825 $ 6,124 $ 6,437 $ 6,767 Senior Project Manager 776 $ 6,093 $ 6,405 $ 6,733 $ 7,078 $ 7,440 Senior Public Works Inspector 644 $ 4,382 $ 4,606 $ 4,842 $ 5,090 $ 5,351 Sr. Info Technology Specialist 655 $ 4,504 $ 4,734 $ 4,977 $ 5,232 $ 5,500 Water Services Manager 832 $ 7,007 $ 7,366 $ 7,743 $ 8,140 $ 8,557 Water Maintenance Supervisor 636 $ 4,295 $ 4,515 $ 4,746 $ 4,989 $ 5,245 Water Treatment Supervisor 707 $ 5,129 $ 5,391 $ 5,667 $ 5,958 $ 6,263 S:\Managementlmanagement resolution021704.doc Page 150115