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HomeMy WebLinkAbout09 SAL & BENEFITS RES 07-90 FOR CONFIDENTIAL EMPS 11-20-07AGENDA REPORT MEETING DATE: NOVEMBER 20, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: HUMAN RESOURCES DEPARTMENT SUBJECT: SALARY AND BENEFITS RESOLUTION FOR CONFIDENTIAL EMPLOYEES SUMMARY: Adoption of the attached Resolution will authorize salary and benefit adjustments for unrepresented City employees designated as "Confidential" employees consistent with Council direction. RECOMMENDATION: Adopt Resolution No. 07-90 amending the City's Classification and Compensation Plan and granting salary and benefit increases to the City's unrepresented "Confidential" employees. FISCAL IMPACT: Approximately $28,000 over the remainder of the 2007-08 Fiscal Year. BACKGROUND AND DISCUSSION: Pursuant to the act that governs labor-management relationships in California local government, the Meyers-Milias-Brown Act (MMBA), public agencies may designate those employees who are privy to information that affects employee relations as "Confidential" employees. These designated employees are excluded from representation in an employee organization that represents other employees in the agency. Accordingly, the City has assigned four (4) classifications to the unrepresented "Confidential" unit. This Resolution maintains the direction previously provided by the City Council for a salary adjustment as presented in Appendix "A" effective October 1, 2007. The Resolution also contains an increase in the Flexible Benefits Contribution that maintains a slightly higher level of benefits to individuals in the unit to compensate for the unique nature of the duties these individuals perform. Salary and Benefits Resolution for Confidential Employees November 20, 2007 Page 2 Staff believes this Resolution will ensure that our unrepresented "Confidential" employees are treated appropriately within the City's organizational structure and provided due consideration for the unique nature of the duties performed by these individuals. Further, maintaining salary equity will enable us to continue to be competitive in our efforts to recruit and retain highly qualified individuals for our unrepresented "Confidential" classifications. Kristi Recchia Director of Human Resources Attachment: Resolution 07-90 RESOLUTION N0.07-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES, AND SUPERSEDING RESOLUTION 07-24 THE CITY COUNCIL OF THE CITY OF TUSTIN HEREBY RESOLVES AS FOLLOWS: SECTION 1: DEFINITION A "Confidential" employee is broadly defined as an employee who is privy to information that affects employee relations. The employees designated as "Confidential" by the City of Tustin are those employees who, in the course of their duties, have access to information relating to the City's administration of the Meyers-Milias-Brown Act (MMBA) (Cal. Gov. Code §3500 et seq.). These employees are not represented by an association or labor organization. "Confidential" unrepresented classifications are listed in Appendix A. SECTION 2: EFFECTIVE DATES The effective date of each section is October 1, 2007 unless otherwise stated herein. SECTION 3: MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all compensation, hours and other terms and conditions of employment presently enjoyed by "Confidential" employees shall remain in full force and effect unless changed subsequent to meetings between the City and representatives of the "Confidential" employees. SECTION 4: SALARY AND WAGE SCHEDULE/ADMINISTRATION Effective October 1, 2007, the salaries of all classifications, and incumbents in said classifications, shall be adjusted as presented in Appendix "A". SECTION 5: OVERTIME PAY Unit classifications designated as non-exempt for purposes of the Fair Labor Standards Act (ELBA), 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). Page 1 of 10 SECTION 6: BILINGUAL PAY Unit employees shall be eligible to receive bilingual pay of an additional $100 per month (paid biweekly) subject to the following conditions: A. The employee must, on a frequent and recurring basis, speak and/or translate by reading/writing one or more languages other than English in the performance of his/her public contact duties with the City. B. The employee must pass a language skills test approved or administered by the City. C. The City Manager, or his designee, may limit the number of employees eligible based on the needs of the City. SECTION 7: TUITION REIMBURSEMENT The rules and regulations governing tuition reimbursement for employees in the TMEA general employee bargaining unit shall apply to "Confidential" unrepresented employees. SECTION 8: RETIREMENT The City has contracted with the California Public Employees' Retirement System (CaIPERS) for retirement benefits. 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 CaIPERS 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 employee is required to pay the cost of the 1959 Survivor Benefits Premium. SECTION 9: SOCIAL SECURITY In the event the City and its employees are required to participate in the federal Social Security program, the City shall meet with the "Confidential" unrepresented employees concerning implementation of the Social Security program. SECTION 10: MEDICARE Unit employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare program, and the City shall be under no obligation to pay or "pickup" any such contributions. Page 2 of 10 In the event unit employees hired prior to April 1, 1986, are required to participate in Medicare, the City shall meet with unit representatives prior to implementing this change. In the event the City is given the option to allow individual employees hired prior to April 1, 1986, to participate in the Medicare program, it shall do so, provided, however, that any employee who exercises this option shall pay his/her share and the City's share of Medicare contributions. SECTION 11: HEALTH INSURANCE/FLEXIBLE BENEFITS PLAN The City has established a Flexible Benefits Plan, including the provision of a Flexible Benefits Contribution, for all regular unit employees. A. The monthly Flexible Benefits Contribution for eligible employees shall be as follows: Employee Only Employee + 1 Employee + 2 or more Dependent Dependents $750 $875 $1025 B. The Flexible Benefits Contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs; this contribution includes any required CaIPERS/PEMHCA City payment towards employee medical insurance. For calendar year 2007, the City's payment towards employee medical insurance is $80.80. For calendar year 2008, the City's payment towards employee medical insurance is $97.00. 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 (PEMHCA) Program 2. Dentallnsurance 3. Additional Life Insurance 4. Vision Insurance 5. Deferred Compensation 6. Section 125 Flexible Spending Account 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. C. 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. Page 3 of 10 D. The Flexible Benefits Program is governed by Section 125 of the Internal Revenue Code (IRC). The City retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. E. Employees who do not elect medical insurance through the program offered by the City shall receive $300 per month in lieu of the Flexible Benefits Contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical/dental insurance coverage comparable to coverage available through the City program (see below). F. An employee may "opt-out" of the City's medical 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 confirmed 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 12: SHORT/LONG-TERM DISABILITY INSURANCE The City shall provide ashort-term disability/long-term disability (STD/LTD) program as follows: A. A STD/LTD insurance program shall continue in full force and effect. Unit employees are required to participate in this program with the cost of the program paid by the employee. 6. The rules, regulations and administration governing the STD/LTD program for employees in the TMEA general bargaining unit shall apply to "Confidential" unrepresented employees. SECTION 13: LIFE INSURANCE The City will provide life insurance for each regular, permanent unit employee and pay the premiums thereof. The death benefit of said policy shall be the greater of $100,000 or 100% of the employee's base annual salary to the nearest multiple of $1,000 for full time employees. The City will also provide $1,000 of dependent life insurance and pay the premiums thereof. Page 4 of 10 SECTION 14: GENERAL LEAVE General leave with pay shall be granted, paid and administered for each full-time regular and probationary unit employee at the same rate and in the same manner as General Leave is provided to employees in the TMEA general employee bargaining unit. Beginning October 2008, regular and promotional probationary employees may request to be paid for a maximum of twenty (20) hours of accrued General Leave. Employee requests will be granted provided the employee has at least one-half of their maximum accrual of General Leave in their leave accrual bank. General Leave Cash Out will be paid annually in the first pay period in November. SECTION 15: 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 16: HOLIDAYS The following days shall be holidays for which all eligible full-time regular and probationary employees will receive compensation either in pay or paid time off: January 1 Third Monday in February Last Monday in May July4 First Monday in September November 11 Thanksgiving Day Day following Thanksgiving Day December 24 New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve December 25 December 31 Christmas Day New Year's Eve Holidays shall be granted, paid and administered for each unit employees at the Page 5 of 10 same rate and in the same manner as holidays are provided to employees in the TMEA general employee bargaining unit. SECTION 17: 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 18: 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 19: WORKERS' COMPENSATION PROGRAM The rules governing Workers' Compensation for employees in the TMEA general employees bargaining unit shall apply to "Confidential" unrepresented employees. SECTION 20: PAYROLL SYSTEM The City shall utilize a biweekly pay system. Pay periods shall begin at noon every other Friday, and end at 11:59 a.m. on the second Friday thereafter (i.e., 14 calendar days later). Paydays shall occur on the Friday following the conclusion of each pay period. The one exception to this is when that Friday is a City holiday, the payday shall fall on the preceding business day. SECTION 21: ALTERNATE WORK SCHEDULES Unit employees are eligible for participation in the City's Alternate Work Schedule program, as provided in the City's Agreement with the TMEA general employee bargaining unit. Such work schedules are subject to the needs of the City and the employee's department. The rules governing Alternative Work Schedules for employees in the TMEA general employees bargaining unit shall apply to "Confidential" unrepresented employees. SECTION 22: RETIREE HEALTH INSURANCE The City will reimburse eligible unit employees up to a maximum of $250 per month (this includes any required City CaIPERS/PEMHCA contribution) for the payment Page 6 of 10 of medical insurance premiums for employees who have 5 years of continuous City service and at the time of leaving City service, retire with a CaIPERS pension. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CaIPERS may satisfy their service requirement of 5 years of continuous service with the City and reciprocal agencies. The rules governing contributions for retiree health insurance for employees in the TMEA general employees bargaining unit shall apply to "Confidential" unrepresented employees. SECTION 23: BEREAVEMENT LEAVE Unit employees are allowed up to five (5) days with pay for the purpose of bereavement leave in the event of a death in the "Immediate Family". "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 24: LTD LEAVE OF ABSENCE An employee receiving LTD benefits under the City's program may be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of six (6) months. SECTION 25: COMPENSATORY TIME OFF Unit employees will be paid for all accrued compensatory time off (CTO) in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. The time during which an employee may use CTO shall be subject to approval by the appointing authority or designee with due regard for the wishes of the employee and for the needs of service. SECTION 26: 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 27: 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 Page 7 of 10 employees will continue to receive City contributions toward medical benefits. For all other purposes, CFRA/FMLA leave shall be treated the same as other unpaid leaves of absence. SECTION 28: OTHER LEAVES The needs of the employee will be considered in the granting of leaves of absence and unit employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. SECTION 29: LAYOFF POLICY, ASSISTANCE TO LAYOFFEES, AND SEVERANCE PAY Unit employees shall be governed by the same Reductions-in-force or Layoffs procedures and/or policies as established for general employees represented by the TMEA general employees unit. SECTION 30: OTHER BENEFITS Amendments pertaining to non-management, non-sworn employees made to the City Rules and Regulations, fringe benefits or other employment conditions shall also apply to unrepresented "Confidential" employees. Passed and adopted at a regular meeting of the Tustin City Council held on the 20th day of November, 2007. LOU BONE Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 07-90 was duly Page 8 of 10 passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of November, 2007, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Page 9 of 10 APPENDIX A Confidential Monthly Salary Schedule Effective October 1, 2007 Classification Range A B C D E Executive Coordinator 687 4878 5128 5391 5667 5957 Executive Secrets 632 4252_ 4470 4699 4940 5193 Human Resources Analyst 719 5284 5555 5839 6138 6453 Human Resources Assistant 625 4179 4393 4618 4854 5103 Page 10 of 10