HomeMy WebLinkAbout05 SUSPENSION OF GL CAP FOR EXECUTIVE MANAGEMENT EMPLOYEES Agenda Item 5
Reviewed:
AGENDA REPORT City Manager
MW
Finance Director N/A
MEETING DATE: MARCH 31, 2020
TO: CITY COUNCIL
FROM: DAVID E. KENDIG, CITY ATTORNEY
SUBJECT: SUSPENSION OF GENERAL LEAVE ACCRUAL CAP FOR EXECUTIVE
MANAGEMENT EMPLOYEES
SUMMARY
To ensure the continued provision of essential services during the COVID-19 pandemic,
the City Council authorized a temporary suspension of the cap on accrual of paid
General Leave for non-Executive Management employees at a Special Meeting on
March 20, 2020. Since compensation and benefits for Executive Management
employees may only be adjusted at a Regular Meeting of the City Council, Council
authorization for suspending the cap on accrual of paid General Leave for these
employees is recommended at this time.
RECOMMENDATION
Adopt Resolution No. 20-17 suspending the cap on the accrual of paid General Leave
for Executive Management employees for a period of 90 days, or for the duration of the
declared local state of emergency, whichever is longer.
FISCAL IMPACT
Due to IRS limitations on the ability to cash out General Leave, any additional General
Leave hours accrued under this policy would likely be used for purposes of taking time
off in the future rather than being converted to cash. Therefore, the proposed changes
are not expected to have a direct fiscal impact.
BACKGROUND AND DISCUSSION
In response to the COVID-19 pandemic, numerous City employees who have already
reached, or will soon reach, their maximum General Leave accrual limit have continued
to report to work to provide essential services. At a Special Meeting on March 20, 2020,
the City Council approved a temporary suspension of the cap on accrual of paid
General Leave for non-Executive Management employees to ensure the continued
provision of these essential services.
Unrepresented Executive Management employees are also subject to a cap on the
maximum amount of paid General Leave they may accrue. However, any action taken
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City Council Agenda Report
March 31, 2020
Suspension of General Leave Accrual Cap for Executive Management Employees
Page 2
with respect to local agency executive compensation and benefits must be taken at a
Regular Meeting (Government Code § 54946). Additionally, prior to taking final action
on executive compensation and benefits, the City must orally report a summary of the
recommendation prior to taking final action (Government Code § 54953).
Consistent with the action previously taken for non-Executive Management employees,
approval of Resolution No. 20-17 would suspend the cap on the accrual of paid General
Leave for Executive Management employees for a period of 90 days, or for the duration
of the declared local state of emergency, whichever is longer. Any additional paid
General Leave accrued by an employee could be used after the temporary General
Leave cap suspension period expires.
ATTACHMENTS:
A. Resolution No. 20-17
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RESOLUTION NO. 20-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA SUSPENDING THE CAP ON ACCRUAL OF PAID
GENERAL LEAVE FOR EXECUTIVE MANAGEMENT EMPLOYEES
WHEREAS, the City Council has adopted a resolution pertaining to the
compensation and benefits of Executive Management employees (the "Resolution"); and
WHEREAS, the Resolution imposes a cap on the maximum amount of paid
General Leave an employee may accrue; and
WHEREAS, on March 16, 2020 the City Manager, acting as the Director of
Emergency Services, declared a local emergency in response to the COVID-19
pandemic; which proclamation was subsequently ratified by the City Council; and
WHEREAS, numerous City employees who have already reached, or will soon
reach, their maximum accrual limit have continued to report to work to provide essential
services during this emergency; and
WHEREAS, to ensure the continued provision of essential services, the City
Council adopted Resolution No. 20-15 at a Special Meeting on March 20, 2020 to
authorize the City Manager to temporarily suspend the cap on accrual of paid General
Leave for non-Executive Management employees; and
WHEREAS, compensation and benefits for Executive Management employees
cannot be adjusted at a Special Meeting; and
WHEREAS, to ensure the continued provision of essential services, the City
Council desires to also temporarily suspend the cap on accrual of paid General Leave for
non-Executive Management employees.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1 : The above recitals are true and correct, and are incorporated herein
by reference.
SECTION 2: The City Council hereby suspends the cap on the accrual of paid
General Leave for Executive Management employees for a period of 90 days, or for the
duration of the declared local state of emergency, whichever is longer.
SECTION 3: Any additional paid General Leave accrued by an employee pursuant
to this Resolution may be used after the expiration of the temporary suspension of the
General Leave accrual cap.
Resolution No. 20-17
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 31St day of March 2020.
Dr. ALLAN BERNSTEIN,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
Resolution No. 20-17
53
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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 is five;
that the above and foregoing Resolution No. 20-17 was duly and regularly passed and
adopted at a Regular Meeting of the City Council held on the 31St day of March, 2020 by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA N. YASUDA,
City Clerk
Resolution No. 20-17
54