HomeMy WebLinkAbout14 SALARY CONFDL EES 01-03-05
AGENDA REPORT
Agenda Item 14
Reviewed:
City Manager .
Finance Director:
MEETING DATE: JANUARY 3, 2005
TO: WILLIAM A HUSTON, CITY MANAGER
FROM: HUMAN RESOURCES
SUBJECT: RESOLUTION RELATING TO SALARY AND BENEFITS OF CONFIDENTIAL
UNREPRESENTED EMPLOYEES
SUMMARY:
Adoption of the attached Resolution will authorize salary and benefit adjustments for
unrepresented City employees designated as "Confidential" employees consistent with
the Council direction provided for adjustments for the Tustin Municipal Employees
Association (TMEA) bargaining unit.
RECOMMENDATION:
Adopt Resolution No. 05-10 amending the City's Classification and Compensation Plan
and granting salary and benefit increases to the City's unrepresented "Confidential"
employees.
FISCAL IMPACT: Approximately $17,800 over the remainder of this fiscal year.
BACKGROUND AND DISCUSSION:
Pursuant to the act that governs labor-management reJationships 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.
This City currently has five (5) classifications in this unit.
This Resolution maintains the direction previously provided by Council for the TMEA unit
by providing a COLA adjustment of 4.5% (equivalent to the increase in the Consumer
Price Index for All Urban Consumers (CPI-U) for the LA, Riverside, Orange County area
for the year ending October, 2004.
Confidential Employee Resolution
January 3, 2005
Page 2
While the Resolution contains no increase in medical flexible benefits, consistent with
previous Council direction, it maintains a slightly higher level of benefits to individuals in
the unit to compensate for the unique nature of the duties these individuals perform.
Consistent with other benefits provided to TMEA, the Resolution also provides an
increase for bi-lingual compensation, retiree health insurance, tuition reimbursement
and consistency in the manner in which General Leave and Holidays are administered.
We anticipate the costs associated with this Resolution can be absorbed by current
departmental budgets. As such, no budget adjustment is necessary.
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.
Arlene Marks Gibbs, SPHR
Director of Human Resources
Attachment: Resolution 05-10
S:\City Council Agenda Item5\200SlAgenda Report Confidential OS.doc
RESOLUTION NO. 05-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION AND BENEFITS
FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES,
AND SUPERSEDING RESOLUTION 04-20
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 (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 January 1, 2005 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 INCREASE
The SCHEDULE OF BASE SALARY RATES is contained in Appendix A The
schedule contains a COLA adjustment of approximately 4.5% for all unit classifications
and equity adjustments for the classifications of Executive Coordinator and Human
Resources Assistant which shall be effective with the pay period beginning December
27,2004.
SECTION 5: 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).
Resolution No. 05-10
Page1of10
SECTION 6: BILINGUAL PAY
Unit employees shall be eligible to receive an additional $100.00 per month (paid
bi-weekly) if the following conditions are met:
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
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
Modified 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
participation 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 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
Resolution No. 05-10
Page 2 of 10
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 11: HEALTH INSURANCE/FLEXIBLE BENEFITS PLAN
The City's Flexible Benefits Plan shall be made available to all regular unit
employees.
Pursuant to said program, an employee may request that eligible expenses be
paid or reimbursed by the City out of the employee's account, with the employee's base
salary being reduced by the amount of any such payments or reimbursements.
Each employee with a payroll deduction for medical, dental and/or other eligible
insurance premiums shall have his/her salary reduced by the amount of those deductions
on a before-tax basis.
The Flexible Benefits Plan for unit employees will be as follows:
A
Flexible Benefits Contribution per month per eligible employee.
Employee Only
$384
Employee + 1
Dependent
$668
Employee + 2 or more
Dependents
$844
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" time employee shall receive a 50% allocation; a :y. 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; this
contribution includes any required PERS/PEMCA 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.
Dental Insurance
2.
Resolution No. 05-10
Page30f10
D.
E.
F.
1.
2.
3.
3.
4.
5.
6.
7.
8.
Additional Life Insurance
Vision Insurance
Deferred Compensation
SECTION 125 Programs
Eligible Catastrophic Care Programs
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 for cause. Participation in the Program is voluntary and
such costs as may attend participation are to be paid by the employee.
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). 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" time
employee shall receive a 50% allocation; a :y. time employee shall receive
a 75% allocation).
An employee may "opt-out" of the City's medical plan under these
conditions:
The employee must sign a document stating his/her desire to waive
medical or dental insurance.
The employee must provide proof of other coverage, which shall be
confirmed by the City each year prior to open enrollment.
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
A
Resolution No. 05-10
Page 4 of 10
A Short/Long-Term Disability Insurance Plan(s) 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.
B.
Designated regular part-time employees shall participate in the STD/L TD
Plan on a pro-rata share based upon position allocation and salary (i.e. a
y" time employee shall pay premiums based on a 50% allocation of full
time salary; a :y. time employee shall pay premiums based on a 75%
allocation of full time salary).
C.
The rules, regulations and administration governing the STD/L TD 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 on each life of each regular, permanent unit
employee of the City and pay the premiums thereof. The death benefit of said policy
shall be the greater of $50,000 or one hundred percent (100%) of the employee's base
annual salary to the nearest multiple of $1,000. The City also provides $1,000 of
dependent life insurance.
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 (for 1/2 time) or $37,500
(for 3/4 time).
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.
Designated regular part-time unit employees shall be eligible for the general
leave on a pro-rata share based upon position allocation (i.e. a y" time employee shall
receive a 50% allocation; a :y. time employee shall receive a 75% allocation).
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 payor paid time off.
Resolution No. 05-10
Page 5 of 10
January 1
Third Monday in February
New Year's Day
President's Day
Last Monday in May
Memorial Day
Independence Day
July4
First Monday in September
November 11
Labor Day
Veteran's Day
Thanksgiving Day.
Day following Thanksgiving Day.
Thanksgiving Day
Day after Thanksgiving Day
December 24
Christmas Eve Holiday
Christmas Day
December 25
December 31
New Year's Eve Holiday
Holidays shall be granted, paid and administered for each unit employees at the
same rate and in the same manner as Holiday's 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.
Resolution No. 05-10
Page 6 of 10
SECTION 20: 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.
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 department/City.
The rules governing Alternative Work Schedules for employees in the TMEA
general employees bargaining unit shall apply to "Confidential" unrepresented
employees.
SECTION 22: RETIREE'S HEALTH INSURANCE
The City will reimburse eligible unit employees up to a maximum of $250 per
month (this includes any required City PERS/PEMCA contribution) for the payment 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 PERS pension.
Eligible employee's who suffer a disability, are unable to return to work, and take
a disability retirement from PERS 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 three (3) 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, 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" time employee shall receive a 50% allocation; a :y. time
employee shall receive a 75% allocation).
Employees who are required to travel in excess of 250 miles from their home for
the purpose of bereavement in the event of a death of a mother, father, brother, sister,
Resolution No. 05-10
Page 7 of 10
child or grandparent of the employee are eligible for up to an additional two (2) days of
paid leave. Such leave shall be prorated as above for eligible designated part-time
employees.
SECTION 24: L TO 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 25: COMPENSATORY TIME
Unit employees will be paid for all compensatory time 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 take compensatory time 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 employees will continue to receive City contributions toward medical benefits.
For all other purposes, CFRAlFMLA 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
Resolution No. 05-10
Page 8 of 10
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
3nd day of January, 2005.
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. 05-10 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3'd day of
January, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution No. 05-10
Page 9 of 10
APPENDIX A
(Effective December 27,2004)
CLASSIFICATION TITLE
Executive Coordinator
Executive Secretary
Human Resources Analyst
Human Resources Assistant
Senior Management Analyst - Finance
Resolution No. 05-10
Page10of10
Range
629
574
661
567
679
Step Step Step Step
ABC D
$4221 $4437 $4664 $4903
$3679 $3867 $4065 $4274
$4572 $4806 $5052 $5311
$3615 $3800 $3995 $4200
$4782 $5027 $5284 $5555
Step
E
$5154
$4493
$5583
$4415
$5839