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HomeMy WebLinkAboutCC RES 06-20 RESOLUTION NO. 06-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES AND SUPERSEDING RESOLUTION 05-11 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 modify the City's Classification and Compensation Plans to reflect the changes approved in this Resolu- tion, 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. Section 2: SALARY AND WAGE SCHEDULE/ADMINISTRATION The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendix "A". The schedule contains a COLA adjustment of approximately 5.5% (five and one-half percent) for all unit classifications and which shall be effective with the pay period beginning December 26, 2005. 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. 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. Resolution No. 06-20 Page 1 of 14 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 January 1, 2006, 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 $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. The City Manager, or his designee, may limit the number of employee's eligible based on the needs of the City. Resolution No. 06-20 Page 2 of 14 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 who are required by the City to wear a uniform full time. This allowance is paid bi- weekly 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. Resolution No. 06-20 Page 3 of 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 Maximum Accrual 400 520 620 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 two and one half times 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 (Le. a Y, time employee shall receive a 50% allocation; a :y. 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- Resolution No. 06-20 Page 4 of 14 A. 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. E. Designated regular part-time employees shall be eligible for reimburse- ment on a pro-rata share based upon allocation (Le. a Y, time employee shall receive a 50% allocation; a :y. time employee shall receive a 75% al- location). Section 16: RETIREMENT 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 partici- pate in MediCare, the City shall meet with unit representatives prior to implementing this change. Resolution No. 06-20 Page 5 of 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 occupying a classification in this unit shall be as follows: Employee Only $411 B. C. D. Resolution No. 06-20 Page 6 of 14 Employee + 1 Dependent $695 Employee + 2 or more Dependents $871 Designated regular part-time unit employees shall be eligible for the flexi- ble benefit plan contribution on a pro-rata share based upon position allo- cation (Le. a Y, time employee shall receive a 50% allocation; a :y. time employee shall receive a 75% allocation). The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. This con- tribution includes any required City payment towards PERS/PEMCHA employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: 1. 2. 3. 4. 5. 6. 7. 8. Medical insurance offered under the and Hospital Care Act Program. Dental Insurance Additional Life Insurance Vision Insurance Deferred Compensation Section 125 Programs Eligible Catastrophic Care Programs Cash Public Employees' Medical 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 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. E. Employees who do not elect medical insurance through the program of- fered by the City shall receive $300 per month in lieu of the flexible bene- fits contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medi- cal/dental insurance coverage comparable to coverage available through the City program (see below). Designated regular part-time unit employ- ees shall be eligible for the in-lieu flexible benefit plan contribution on a pro-rata share based upon position allocation (Le. a Y, time employee shall receive a 50% allocation; a :y. time employee shall receive a 75% al- location). 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 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 20: SHORT/LONG-TERM DISABILITY INSURANCE A. The City shall maintain a short/long term disability program providing eli- gible employees a benefit of 60% of base salary pre-disability earnings af- ter 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 exceeds 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 consecu- tive 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. Resolution No. 06-20 Page 7 of 14 D. After the employee uses the first 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 pay- ment with general leave or other available leave to enable him/her to re- ceive 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 poli- cies. F. In the event the employee has worked for the City for less than 12 con- secutive 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 ac- crue to the employee. H. The employee may supplement the STD/L TD carrier's payment with gen- eralleave 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 em- ployee's general leave and/or other leave accounts, in an amount equiva- lent 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 illness/injury, 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. Resolution No. 06-20 Page 8 of 14 L. 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 FMLA/CFRA, and is then eligible to receive the benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City for its' previous con- tribution. Section 21: 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 $100,000 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000 for full time employees, $75,000 for :y. time employees and $50,000 for half time employees. The City also provides $1,000 of dependent life insurance. 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 President's Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veteran's Day Thanksgiving Day Thanksgiving Day Day following Thanksgiving Day after Thanksgiving Day December 24 Christmas Eve Holiday December 25 Christmas Day January 31 New Year's Eve Holiday Resolution No. 06-20 Page 9 of 14 When a holiday occurs on a Sunday, the following Monday will be observed in- stead. 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 has a value of 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 interest of the City. Full-time regular and proba- tionary personnel not assigned to shifts will receive paid time off; nine (9) hours for a day. If a non-shift employee's scheduled 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 accumulated General Leave. Designated regular part-time unit employees shall be eligible for holidays on a pro-rata share based upon position allocation (Le. a Y, time employee shall receive a 50% allocation; a :y. 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 consistent with the program adopted for employees represented by Tustin Police Support Services Association (TPSSA). 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 two and one-half the employee's annual accrual entitlement) at the salary rate in effect on Resolution No. 06-20 Page100f14 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 employment 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" employees. 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 (Le., 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 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. Resolution No. 06-20 Page 11 of 14 Section 30: RETIREE'S HEALTH INSURANCE The City will reimburse eligible unit employees up to a maximum of $250.00 per month for the reimbursement of PERS retiree medical insurance premiums for the employee and his/her spouse (reimbursement for a spouse is made only if the em- ployee 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 insur- ance 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 (Le. a Y, time employee shall receive a 50% allocation; a :y. 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. 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: LAYOFF POLICY, ASSISTANCE TO LAYOFFEES, AND SEVERANCE PAY Resolution No. 06-20 Page 12 of 14 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 6th day of January, 2006. ATTEST: ~E~ 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. 06-20 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of February, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ~ City Clerk DAVRRT HA~RN AMANTR RONR KAWASHTMA NONE NGN¡¡ ('i) (0) (G) (0) NONR Resolution No. 06-20 Page 13 of 14 APPENDIX A SUPERVISORY SALARY SCHEDULE EFFECTIVE DECEMBER 26, 2005 Classification Range A B C D E Prooertv & Evidence Supervisor 625 4179 4393 4618 4854 5103 Contract Coordinator 656 4515 4746 4989 5245 5513 Police Communications Supervisor 694 4964 5219 5486 5767 6062 Police Records Suoervisor 650 4448 4676 4915 5167 5431 Recreation Coordinator 606 3985 4189 4404 4629 4866 Resolution No. 06-20 Page 14 of 14