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HomeMy WebLinkAbout09 SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEESDocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F 9 AGENDA REPOR MEETING DATE: NOVEMBER 7, 2023 TO: NICOLE BERNARD, ACTING CITY MANAGER Agenda Item Reviewed: ?ZB City Manager Finance Director 9 FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES SUMMARY Adoption of the attached Resolution will update the Executive Management and Management Salary Resolution to amend the compensation provided to employees in the classification of Police Chief and Deputy Police Chief. RECOMMENDATION Adopt Resolution No. 23-50 to update the Executive Management and Management Salary Resolution. FISCAL IMPACT The provisions of this Resolution will result in an additional cost of approximately $177,500 in Fiscal Year 2023-24. The annual ongoing cost increase will be approximately $60,300 per year. Currently, Staff is not requesting any supplemental budget appropriations associated with this action. Any supplemental budget appropriations will be incorporated with the mid -year budget process, which will be presented to the City Council in February 2024. BACKGROUND AND DISCUSSION In 2021, the City reached agreement with the Tustin Police Officers Association — Management Unit (TPMA) on a new four year memorandum of understanding (MOU). Among other changes, the new MOU with TPMA included a new top step (Step G) in the salary range for all job classifications, Educational Incentive Pay, Longevity Pay, and Peace Officer Standards and Training (POST) Certification Pay. In addition, the classification of Police Captain left the unrepresented Management unit and joined TPMA. As a result of the changes in the TPMA 2021-24 MOU, Police Captains can now earn more in pensionable compensation than the Police Chief, which is highly unusual and problematic for current and future staffing in the department. Unfortunately, staff did not identify this issue when compensation for Executive Management and Management DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F City Council Agenda Report November 7, 2023 Salary Resolution for Unrepresented Executive Management and Management Employees Page 2 employees was updated in October 2021, and this problem only came to light within the last few months. Had this issue been identified back in October 2021, staff would have sought City Council approval to fix the problem at that time. Due to our administrative error, we are seeking to address the problem now, with changes effective retroactive to October 2021, the date when they should have been implemented. To correct the current inequity between the classifications of Police Chief and Police Captain, the Executive Management and Management salary resolution has been amended to provide the Police Chief with compensation adjustments that are equivalent to those that were provided to Police Captains beginning in October 2021: adding Step G to the salary range and eligibility to earn Educational Incentive Pay, Longevity Pay, and Peace Officer Standards and Training (POST) Certification Pay upon meeting specified requirements. The classification of Deputy Police Chief is currently vacant and not budgeted in the City's Position Control, though it may be used in the future. Without any changes, this classification would also make less in pensionable compensation than the subordinate classification of Police Captain. Therefore, the Executive Management and Management salary resolution has been amended to provide the Deputy Police Chief with the same compensation adjustments that are being provided to the Police Chief. All other terms and conditions of employment for Executive Management and Management employees remain unchanged from the terms established in City Council Resolution No. 23-45. DocuSigned by: Director of Human Resources Attachment: 1. City Council Resolution No. 23-50 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F RESOLUTION NO. 23-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 23-45 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; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin (the "City") 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 Resolution, and that the wages, hours and conditions of employment be adopted and set forth as follows: CHAPTER 1 — GENERAL PROVISIONS Section 1: Classifications The Executive Management unit includes the classifications designated by the City as "department heads". The Management unit includes all other unrepresented FLSA- exempt classifications designated by the City as "management" employees. Whenever the term "Executive Management" is used in this Resolution, it shall be understood to include the City Manager. The benefits and terms of employment of the City Manager and any other Executive Management employee employed under an individual employment agreement shall be as set forth herein, provided that any contrary written terms established by the City Council or City Manager, which provide a greater benefit than provided for in this Resolution, shall prevail. Section 2: Effective Dates The effective date of each Section is November 7, 2023, unless otherwise stated herein. The provisions of this Resolution only apply to employees in the Executive Management unit and Management unit as of November 7, 2023, the date this Resolution was adopted by the City Council. CHAPTER 2 — COMPENSATION Resolution 23-50 Page 1 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F Section 3: Salary Effective the pay period that includes July 1, 2024, employees shall receive a one and one -quarter percent (1.25%) base salary increase. The base salary ranges for employees covered by this Resolution are hereby incorporated as listed in Appendix A and Appendix B. The attached salary ranges shall constitute the basic compensation plan consisting of six (6) or seven (7) steps in each range. Section 4: Bilingual Pay The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month (paid biweekly) to employees in City -designated positions who demonstrate conversational skill in Spanish or another language approved by the Director of Human Resources as necessary for City business. To qualify for Bilingual Pay, the employee must have a business need to speak Spanish or another City -approved language in the performance of his/her public contact duties on a frequent and recurring basis and successfully pass a City -sponsored examination for conversational skill. The Director of Human Resources may limit the number of employees receiving Bilingual Pay based on the needs of the City and may discontinue Bilingual Pay for any employee who no longer uses bilingual skills in the course of work as needed by the City. Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period after the Human Resources Department receives the employee's passing test results. In compliance with the California Public Employees' Retirement System regulations and definition of special compensation (2 CCR §571), Bilingual Pay (Bilingual Premium) shall be reported to CalPERS as special compensation described in Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. In the event of a dispute, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Section 5: Uniforms The City shall provide employees in the classifications of Police Chief and Deputy Police Chief with uniforms, including replacements as needed. Additionally, employees in these classifications receive an allowance of $429 per year (paid biweekly) for care and maintenance of uniforms. In compliance with the California Public Employees' Retirement System regulations and definition of special compensation (2 CCR §571), for "classic Resolution 23-50 Page 2 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F members" as defined by the Public Employees' Pension Reform Act of 2013, the compensation paid for the maintenance of required uniforms shall be reported to CalPERS as special compensation described in Title 2 CCR, Section 571(a)(5) and 571.1(b)(2) as a "statutory item" — a type of reportable special compensation. The City shall provide uniforms, including replacements as needed, to employees in the classifications of Maintenance Supervisor, Water Maintenance and Construction Supervisor, and Water Treatment Supervisor. In compliance with the California Public Employees' Retirement System regulations and definition of special compensation (2 CCR §571), for "classic members" as defined by the Public Employees' Pension Reform Act of 2013, the monetary value of the rental and maintenance of the required uniforms shall be reported to CalPERS as special compensation described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special compensation. In the event of a dispute, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Section 6. Longevity Pay Effective the pay period that includes October 1, 2021, employees in the classifications of Police Chief and Deputy Police Chief are eligible to receive Longevity Pay. An employee in these classifications who has been continuously employed by the City of Tustin in any full-time position for between 10 years and 19 years and 364 days shall receive two and one half percent (2.5%) of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date of their 10th anniversary of consecutive full-time employment with the City. An employee in these classifications who has been continuously employed by the City of Tustin in any full-time position for 20 years or more shall receive five percent (5%) of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date of their 20th anniversary of consecutive full-time employment with the City. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1) as Longevity Pay. In the event of a dispute, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Section 7: Educational Incentive Pay Effective the pay period that includes October 1, 2023, employees in the classifications of Police Chief and Deputy Police Chief are eligible to receive Educational Incentive Pay as follows: Resolution 23-50 Page 3 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F Degree Amount Bachelor's $575/month (paid biweekly) Master's $600/month (paid biweekly) Employees are eligible to receive Educational Incentive Pay at the beginning of the first pay period after Human Resources certifies that the employee has met all of the eligibility requirements. In compliance with the California Public Employees' Retirement System regulations and definition of special compensation (2 CCR §571), the monetary value of educational incentive pay shall be reported to CalPERS as special compensation described in Title 2 CCR, Section 571(a)(2) as an "educational pay" — a type of reportable special compensation. In the event of a dispute, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Section 8: Peace Officer Standards and Training (POST) Certificate Pay Effective the pay period that includes October 1, 2023, employees in the classifications of Police Chief and Deputy Police Chief shall receive twelve percent (12%) of base salary for having a Management POST Certificate. This pay will begin on the first day of the pay period after the employee provides Human Resources with documentation that the Management POST Certificate has been earned. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2). In the event of a dispute, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Section 9: Acting Pay An employee assigned to temporarily work in a higher classification will receive Acting Pay. At the City Manager's discretion, during the Acting assignment the employee will either receive Acting Pay in an amount equal to 5% of the employee's base pay or the amount necessary to increase the employee's base salary to any step in the salary range of the higher classification. Acting Pay will be paid effective the beginning of the first full pay period in which the employee serves in the Acting assignment. In accordance with Government Code section 20480, an employee's Acting assignment may not exceed a total of 960 hours in a fiscal year if the Acting assignment is for a position that is vacant during the recruitment for a permanent appointment. This hours limit does not apply to an Acting assignment that is temporarily available due to another employee's leave of absence. Resolution 23-50 Page 4 of 17 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of Acting Pay shall be reported to CalPERS as Special Compensation for "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013. Acting Pay ("Temporary Upgrade Pay") is described in Title 2 CCR, Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. This pay is not reportable as special compensation for employees defined as "new members" under PEPRA. In the event of a dispute, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. CHAPTER 3 — BENEFITS Section 10: Flexible Benefits Plan The City contracts with the California Public Employees' Retirement System (CalPERS) for the provision of medical insurance. All Executive Management and Management employees shall receive the minimum amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) ($151 for calendar year 2023, $157 for calendar year 2024, and a yet to be determined amount for subsequent calendar years) as well as an additional amount which is provided under a Section 125 Flexible Benefits program. The amounts below include the minimum amount under PEMHCA and are paid biweekly on a pro -rated basis. Effective the pay period that includes July 1, 2023, the monthly Flexible Benefits contribution per Executive Management employee and eligible Management employee (hired into the Management unit on or before September 3, 2002) is as follows: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $1,650 $1,950 $2,450 Effective the pay period that includes July 1, 2024, the monthly Flexible Benefits contribution per Executive Management employee and eligible Management employee (hired into the Management unit on or before September 3, 2002) is as follows: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $1,675 $2,000 $2,550 Effective the pay period that includes July 1, 2023, the monthly Flexible Benefits contribution per eligible Management employee (hired into the Management unit on or after September 4, 2002) is as follows: Resolution 23-50 Page 5 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F Employee Only $1,450 Employee + 1 Employee + 2 Dependent or more Dependents $1,650 $1,950 Effective the pay period that includes July 1, 2024, the monthly Flexible Benefits contribution per eligible Management employee (hired into the Management unit on or after September 4, 2002) is as follows: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $1,475 $1,700 $2,050 Employees who do not take medical insurance through the program offered by the City shall receive $450 per month as the Flexible Benefits Opt -Out contribution. If an employee elects to opt out of medical coverage offered by the City, he/she must provide proof of "minimum essential coverage" (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California) by completing a City -provided attestation form. The Flexible Benefits contribution consists of mandatory and discretionary allocations that may be applied to City -sponsored programs, including required payment towards employee medical insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). Employees may allocate the remaining amount among the following City - sponsored programs: 1. Medical insurance 2. Dental insurance 3. Additional life insurance 4. Vision insurance 5. Section 125 Flexible Spending Account programs (medical and/or dependent care reimbursement programs) 6. Eligible catastrophic care programs 7. 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. Resolution 23-50 Page 6 of 17 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Section 11: Retirement Employees covered under this Resolution shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS. Local Miscellaneous Plan — Tier 1 Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members. The plan includes both an employer and employee contribution. The employee is responsible for paying the employee contribution of 7% of the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax. The plan has been amended to include Section 21573 (Third Level of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Local Miscellaneous Plan — Tier 2 Miscellaneous members employed by the City on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and employee contribution. The employee is responsible for paying the employee contribution of 7% of the employee's wages through a payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or as designated by the employee in accordance with Government Code Section 20037. The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the premium. Resolution 23-50 Page 7 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Local Miscellaneous Plan — Tier 3 Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2021, the employee contribution is 6.25%. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or as designated by the employee in accordance with Government Code Section 7522.32(a). The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the premium. Local Safety Plan — Tier 1 Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided the CalPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2. These employees are responsible for paying the employee contribution of 9% of the employee's wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of twelve percent (12%). The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. Resolution 23-50 Page 8of17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F Local Safety Plan — Tier 2 Employees first hired by the City as Local Safety Members on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be provided the CalPERS 2% @ 50 retirement formula. The employee is responsible for paying the employee contribution of 9% through a pretax payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of twelve percent (12%). The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or as designated by the employee in accordance with Government Code Section 20037. Local Safetv Plan — Tier 3 Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2.7% @ 57 plan for Local Safety members. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2021, the employee contribution is 13.00%. This amount will be determined by CalPERS in the future. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her Resolution 23-50 Page 9 of 17 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F retirement or as designated by the employee in accordance with Government Code Section 7522.32(a). Section 12: Deferred Compensation Employees may voluntarily open an IRC Section 457(b) deferred compensation account and make pre-tax contributions up the maximum amount permitted by law based on their age. Effective the pay period that includes July 1, 2024, employees who contribute to an IRC Section 457(b) deferred compensation account will receive a matching City contribution to an IRC Section 401(a) deferred compensation account, up to a maximum of two percent (2%) of the employee's base salary. City contributions to the employee's 401(a) plan will be made on each biweekly paycheck, on a dollar -for -dollar basis equivalent to the employee's contribution to his/her 457(b) plan on that biweekly paycheck, in an amount not to exceed two percent (2%) of the employee's base salary. Section 13: Life Insurance The City will provide life insurance for each Executive Management and Management employee and pay the required premiums. The death benefit of said policy shall be two hundred thousand dollars ($200,000). The City will also provide $1,000 per dependent of dependent life insurance and pay the required premiums. Section 14: Short -Term / Long -Term Disability Insurance The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non -industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of the STD/LTD insurance carrier. An employee who is receiving STD benefits under the City's program will be granted a leave of absence for the duration of his/her non -industrial disability subject to a maximum period of six (6) months. Such leave of absence may be extended for an additional six (6) months under LTD, upon approval of the City Manager. All unit employees are required to participate in the program. Premiums are deducted from the employee's pay on an after-tax basis. In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first required to use 80 consecutive hours of his/her accrued 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 for 80 consecutive hours. Resolution 23-50 Page 10 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the employee shall be compensated by the City at the rate of 60% of the employee's pre - disability base salary. This City payment is taxable income. The employee may supplement this City payment with accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently with FMLA/CFRA leave. For a new employee who has worked for the City for less than 12 consecutive months, and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the same Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a period not to exceed 90 days. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no paid leave shall accrue to the employee. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of 60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. 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. In the event the employee chooses 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/LTD program). In the event timely payment is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no paid leave is available, the City is authorized to cancel the employee's coverage. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any rolling 12-month period. Section 15: Vehicle Allowance Each Executive Management employee shall have his/her personal vehicle available and shall use his/her personal vehicle for City business. To cover these costs, except as noted below, Executive Management employees shall receive a $600 monthly vehicle allowance (paid biweekly). In consideration of the duties associated with the classification, employees in the classifications of Police Chief and Deputy Police Chief may be provided with a City vehicle or be provided with the vehicle allowance provided to Executive Management employees, Resolution 23-50 Page 11 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F subject to mutual agreement between the employee and the City Manager. Section 16: Textbook and Tuition Reimbursement The City shall provide eligible employees with textbook and tuition reimbursement in accordance with the guidelines and procedures specified in the Personnel Rules. Employees are eligible for this benefit after completion of the initial probationary period. Requests to enroll in courses may be granted prior to the completion of probation; however, payment will not be made until the employee has completed the probationary period and attained regular status. Approval from the department head, Director of Human Resources, and City Manager (when required) should be obtained prior to enrollment in the course or program to ensure the City will approve the reimbursement request. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for attending graduate school, a four-year college or university, a job -related program through University of California or California State University extended education programs, or a California Community College. This reimbursement benefit may be used for other job -related educational programs administered by other professional organizations with the express approval of the City Manager. If an employee separates from City service within twelve months of receiving this Tuition Reimbursement benefit, the employee is responsible for refunding the City the full amount of the benefit that was paid. Funds will be deducted from the employee's final paycheck to cover the re -payment of the tuition reimbursement. Section 17: Cell Phone Stipend Employees are eligible for a cell phone stipend of $45.50 per month (paid biweekly) or a City -provided cell phone. The stipend is designed to contribute to an employee's cell phone plan, not fully pay for the plan. Any additional charges an employee incurs are his/her own responsibility and those additional charges are not eligible for reimbursement. Section 18: Retiree Medical Insurance The City will reimburse eligible unit employees up to a maximum of $350 per month for the payment of CalPERS retiree medical insurance premiums. This amount is in addition to the minimum contribution towards retiree medical insurance required under the PEMHCA program ($151 per month for calendar year 2023, $157 per month for calendar year 2024, and a yet to be determined amount for subsequent calendar years). An employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that he/she has been continuously employed by the City for five (5) full years, retires from the Resolution 23-50 Page 12 of 17 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F City and CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the five (5) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. An employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that he/she has been continuously employed by the City for ten (10) full years, retires from the City and CalPERS, and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing. In order to maintain the retiree medical insurance stipend throughout retirement, an employee must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. CHAPTER 4 — LEAVES OF ABSENCE Section 19: General Leave Paid General Leave shall be granted to each full-time employee at the rates listed below per year, prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for at least 40 hours of the pay period. If the employee is in paid status between 40 — 80 hours of a pay period, his/her General Leave will be earned on a prorated basis for the pay period. Service Hours Per Year Maximum Accrual 0 — 5.00 years 160 320 5.01 — 10 years 208 416 Over 10 years 248 496 When appointing an individual to an Executive Management or Management classification, the City Manager shall have the authority to consider the individual's prior employment in determining an advanced General Leave accrual rate and an initial one- time allocation of General Leave hours upon employment. Each January, Executive Management employees are eligible to receive up to sixteen (16) additional hours of General Leave for satisfactory performance as determined by the Resolution 23-50 Page 13 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F City Manager. Management employees may be entitled to eight (8) additional hours of General Leave as determined by their department head. At any time, employees may accumulate General Leave to a maximum of two (2) times the employee's annual accrual. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the maximum. Upon separation from City service the employee will be paid for unused General Leave, not to exceed the maximum of two (2) years accrual, at the employee's then current base salary rate. General Leave Cash Out On or before December 31 of each calendar year, an employee may make an irrevocable election to cash out up to 140 hours of General Leave which will be earned in the following calendar year at the employee's base rate of pay. In addition to the cash out opportunities described above, Executive Management employees may also cash out additional General Leave, in any amount, as long as at least 200 hours of General Leave remain in the employee's General Leave bank after the cash out. The employee can request that the cash out be processed on any paycheck beginning July 1 of the following calendar year through the end of that calendar year, as long as the employee has accrued the number of hours they elected to cash out during the calendar year of the cash out. However, if the employee's General Leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. The employee may choose to receive General Leave cash out all at once or on two different paychecks. Section 20: Administrative Leave As exempt employees under the Fair Labor Standards Act (FLSA), Executive Management and Management employees are compensated for meeting the requirements and performing the duties of their jobs, 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 Executive Management and Management employees unless otherwise required by State or Federal law. In lieu of overtime compensation, the City will provide employees with an annual credit of forty (40) hours of paid Administrative Leave at the beginning of January each year. During the first calendar year of employment as an employee covered by this Resolution, employees will be granted a prorated share of Administrative Leave at the time of appointment, with the amount dependent upon the employee's hire date, as follows: Resolution 23-50 Page 14 of 17 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F Hire Date Administrative Leave 1st Quarter (January — March) 40 hours 2nd Quarter (April — June) 30 hours 3rd Quarter (July — September) 20 hours 4th Quarter (October — December) 10 hours Each January, each Executive Management and Management 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 year's job performance and his/her commitment of time dedicated to City business in excess of his/her regular work schedule. After the conclusion of the first calendar year of employment, employees shall be eligible for a prorated share of additional Administrative Leave, in accordance with the same guidelines as those governing the initial granting of Administrative Leave at time of appointment, as specified in this Section (e.g. an employee hired in the 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in January of Year 2). An employee whose performance needs improvement, pursuant to a performance evaluation or performance improvement plan, is not eligible to receive additional Administrative Leave. The accrual of Administrative Leave is limited to a maximum of eighty (80) hours at any time. In order to receive the maximum accrual of Administrative Leave each year, an employee must use all previously accrued Administrative Leave by December 31 of the preceding year. Use of Administrative Leave is discretionary upon the approval of the Department Head or the City Manager. When an employee separates from City service or remains employed by the City, but moves to a FLSA non-exempt position, the employee shall be compensated for all accrued Administrative Leave at the employee's base hourly rate of pay. Section 21: Holidays The following days shall be holidays for which all employees will receive compensation either in pay or paid time off: January 1 Third Monday in January Third Monday in February Last Monday in May June 19 July 4 First Monday in September November 11 Resolution 23-50 Page 15 of 17 New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F Thanksgiving Day Thanksgiving Day Day following Thanksgiving Day Day after Thanksgiving Day December 24 Christmas Eve December 25 Christmas Day December 31 New Year's Eve 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 both Christmas Eve and New Year's Eve fall on a Friday and Christmas Day and New Year's Day fall on a Saturday, the City will observe these two Holidays on the corresponding Thursday and Friday or the corresponding Friday and the following Monday. When both Christmas Eve and New Year's Eve fall on a Sunday and Christmas Day and New Year's Day fall on a Monday, the City will observe these two Holidays on the corresponding Monday and Tuesday or the corresponding Monday and the previous Friday. If a holiday falls on a day that is also an employee's regular day off, the employee will accrue nine hours to his/her General Leave bank for the holiday. If a holiday falls on an employee's regularly scheduled working Friday, the employee will receive eight hours of holiday pay and accrue one hour to his/her General Leave bank. Section 22: Bereavement Leave Unit employees are allowed up to five (5) days of paid leave for the purpose of Bereavement Leave in the event of a death in the "immediate family". For purposes of this section, "immediate family" is defined as including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, stepbrother, sister, stepsister, child, stepchild, grandparent, stepg rand parent, grandchild and stepgrandchild of the employee or the employee's spouse/registered domestic partner. CHAPTER 5 — WORKING CONDITIONS Section 23: Work Schedules Executive Management and Management employees are eligible for participation in the City's Alternate Work Schedule and Telecommuting programs. Such work schedules are subject to the needs of the City and the employee's department. The City Manager has the authority to implement rules, policies and procedures for Alternative Work Schedules and Telecommuting. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of November 2023. Resolution 23-50 Page 16 of 17 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: DAVffYT17KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE 1 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 of the City of Tustin is five; that the above and foregoing Resolution No. 23-50 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of November 2023, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 23-50 Page 17 of 17 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F APPENDIX A - EXECUTIVE MANAGEMENT HOURLY SALARY RANGES Effective the Pay Period that includes October 1, 2021 IMM. .. Assistant City Manager 85.91 90.31 94.94 99.79 104.91 110.15 N/A Deputy City Manager 73.03 76.77 80.70 84.84 89.18 93.63 N/A Director of Community Dev 73.58 77.36 81.31 85.49 89.86 94.35 N/A Director of Economic Devel 78.63 82.66 86.89 91.34 96.01 100.82 N/A Director of Finance / CT 78.63 82.66 86.89 91.34 96.01 100.82 N/A Director of Human Resources 66.76 70.18 73.77 77.55 81.52 85.60 N/A Director of Parks & Rec 68.79 72.31 76.01 79.91 84.00 88.20 N/A Director of Public Works / CE 80.51 84.63 88.97 93.52 98.31 103.23 N/A Police Chief 90.21 94.82 1 99.68 104.79 110.15 115.66 121.44 Effective the Pay Period that includes July 1, 2022 Assistant City Manager 88.06 92.57 97.31 102.28 107.53 112.90 N/A Deputy City Manager 74.86 78.69 82.72 86.96 91.41 95.97 N/A Director of Community Dev 75.42 79.29 83.34 87.63 92.11 96.71 N/A Director of Economic Devel 80.60 84.73 89.06 93.62 98.41 103.34 N/A Director of Finance / CT 80.60 84.73 89.06 93.62 98.41 103.34 N/A Director of Human Resources 68.43 71.93 75.61 79.49 83.56 87.74 N/A Director of Parks & Rec 70.51 74.12 77.91 81.91 86.10 90.41 N/A Director of Public Works / CE 82.52 86.75 91.19 95.86 100.77 105.81 N/A Police Chief 92.47 97.19 102.17 107.41 112.90 118.55 124.48 Resolution 23-50 Exhibit Page 1 of 6 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F Effective the Pay Period that includes July 1, 2023 Assistant City Manager 90.04 94.65 99.50 104.58 109.95 115.44 N/A Deputy City Manager 76.54 80.46 84.58 88.92 93.47 98.13 N/A Director of CommunityDev 77.12 81.07 85.22 89.60 94.18 98.89 N/A Director of Economic Devel 82.41 86.64 91.06 95.73 100.62 105.67 N/A Director of Finance / CT 82.41 86.64 91.06 95.73 100.62 105.67 N/A Director of Human Resources 69.97 73.55 77.31 81.28 85.44 89.71 N/A Director of Parks & Rec 72.10 75.79 79.66 83.75 88.04 92.44 N/A Director of Public Works 80.36 84.38 88.70 93.24 98.02 103.04 N/A Director of Public Works / CE 84.38 88.70 93.24 98.02 103.04 108.19 N/A Police Chief 94.55 99.38 104.47 109.83 115.44 121.22 127.28 Effective the Pay Period that includes July 1, 2024 Assistant City Manager 91.17 95.83 100.74 105.89 111.32 116.88 N/A Deputy City Manager 77.50 81.47 85.64 90.03 94.64 99.36 N/A Director of Community Dev 78.08 82.08 86.29 90.72 95.36 100.13 N/A Director of Economic Devel 83.44 87.72 92.20 96.93 101.88 106.99 N/A Director of Finance / CT 83.44 87.72 92.20 96.93 101.88 106.99 N/A Director of Human Resources 70.84 74.47 78.28 82.30 86.51 90.83 N/A Director of Parks & Rec 73.00 76.74 80.66 84.80 89.14 93.60 N/A Director of Public Works 81.36 85.43 89.81 94.41 99.25 104.33 N/A Director of Public Works / CE 85.43 89.81 94.41 99.25 104.33 109.54 N/A Police Chief 95.73 100.62 105.78 111.20 116.88 122.74 128.87 Resolution 23-50 Exhibit Page 2 of 6 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F APPENDIX B - MANAGEMENT HOURLY SALARY RANGES Effective the Pay Period that includes July 1, 2023 Accounting Supervisor 51.47 54.10 56.87 59.79 62.84 65.99 N/A Administrative Services Mgr 58.31 61.30 64.44 67.74 71.21 74.75 N/A Assistant Dir of Com Dev-Plan 64.27 67.56 71.02 74. 66 78.49 82.41 N/A Assistant Dir of Com Dev-Bldg 67.49 70.94 74.58 78.40 82.41 86.52 N/A Assistant Dir of Public Works 73.99 77.69 81.58 85.65 89.94 94.44 N/A Assistant to the City Manager 58.31 61.30 64.44 67.74 71.21 74.75 N/A Behavioral Health Bur Cmdr 59.04 62.07 65.25 68.59 72.10 75.71 N/A Building Inspection Sup 44.98 47.28 49.70 52.25 54.92 57.67 N/A Building Official 60.87 64.00 67.27 70.72 74.33 78.05 N/A City Clerk 57.30 60.24 63.31 66.56 69.97 73.47 N/A Deputy Building Official 57.59 60.53 63.64 66.90 70.33 73.83 N/A Deputy Director of Econ Dev 64.27 67.56 71.02 74.66 78.49 82.41 N/A Deputy Director of Finance 64.27 67.56 71.02 74.66 78.49 82.41 N/A Deputy Director of Parks & Re 58.31 61.30 64.44 67.74 71.21 74.75 N/A Deputy Director of PW / CE 73.99 77.69 81.58 85.65 89.94 94.44 N/A Deputy Director of PW - Eng 70.14 73.74 77.51 81.48 85.64 89.94 N/A Deputy Director of PW - O s 67.46 70.91 74.54 78.36 82.38 86.48 N/A Deputy Police Chief 86.84 91.30 95.96 100.77 105.80 111.09 116.65 Economic Dev & Housing Mgr 59.63 62.70 65.89 69.27 72.82 76.46 N/A Economic Dev Project Mgr 45.31 47.64 50.07 52.65 55.34 58.10 N/A Field Services Manager 58.31 61.30 64.44 67.74 71.21 74.75 N/A Finance Manager 58.31 61.30 64.44 67.74 71.21 74.75 N/A Human Resources Manager 58.31 61.30 64.44 67.74 71.21 74.75 N/A Information Tech Supervisor 57.30 60.24 63.31 66.56 69.97 73.47 N/A Maintenance Supervisor 39.30 41.32 43.44 45.65 47.99 50.39 N/A Plan Check Supervisor 44.98 47.28 49.70 52.25 54.92 57.67 N/A Police Civilian Commander 59.04 62.07 65.25 68.59 72.10 75.71 N/A Principal Engineer 57.59 60.53 63.64 66.90 70.33 73.83 N/A Principal Plan Check Engineer 57.59 60.53 63.64 66.90 70.33 73.83 N/A Principal Planner 56.31 59.19 62.22 65.41 68.75 72.19 N/A Public Works Inspection Sup 40.73 42.81 45.00 47.30 49.73 52.22 N/A Public Works Manager 55.75 58.60 61.60 64.75 68.07 71.48 N/A Recreation Superintendent 50.82 53.43 56.17 59.04 62.07 65.16 N/A Recreation Supervisor 38.92 40.91 43.01 45.20 47.52 49.89 N/A Resolution 23-50 Exhibit Page 3 of 6 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F Senior Accountant 40.91 43.01 45.20 47.52 49.95 52.44 N/A Senior Information Tech Spec 41.52 43.65 45.88 48.23 50.71 53.24 N/A Senior Management Analyst 53.79 56.55 59.45 62.48 65.70 69.06 N/A Senior Planner 45.31 47.64 50.07 52.65 55.34 58.10 N/A Water Maint & Const Su v 43.22 45.43 47.75 50.20 52.77 55.41 N/A Water Services Manager 64.59 67.90 71.38 75.04 78.89 82.83 N/A Water Treatment Supervisor 49.34 51.86 54.51 57.30 60.24 63.24 N/A Resolution 23-50 Exhibit Page 4 of 6 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F Effective the Pay Period that includes July 1, 2024 1&)LC,I•1b 11 -. 9 Accounting Supervisor 52.11 54.78 57.58 60.54 63.63 66.81 N/A Administrative Services Mgr 59.04 62.07 65.25 68.59 72.10 75.68 N/A Assistant Dir of Com Dev-Plan 65.07 68.40 71.91 75.59 79.47 83.44 N/A Assistant Dir of Com Dev-Bldg 68.33 71.83 75.51 79.38 83.44 87.60 N/A Assistant Dir of Public Works 74.91 78.66 82.60 86.72 91.06 95.62 N/A Assistant to the City Manager 59.04 62.07 65.25 68.59 72.10 75.68 N/A Behavioral Health Bur Cmdr 59.78 62.85 66.07 69.45 73.00 76.66 N/A Building Inspection Supv 45.54 47.87 50.32 52.90 55.61 58.39 N/A Building Official 61.63 64.80 68.11 71.60 75.26 79.03 N/A City Clerk 58.02 60.99 64.10 67.39 70.84 74.39 N/A Deputy Building Official 58.31 61.29 64.44 67.74 71.21 74.75 N/A Deputy Director of Econ Dev 65.07 68.40 71.91 75.59 79.47 83.44 N/A Deputy Director of Finance 65.07 68.40 71.91 75.59 79.47 83.44 N/A Deputy Director of Parks & Re 59.04 62.07 65.25 68.59 72.10 75.68 N/A Deputy Director of PW / CE 74.91 78.66 82.60 86.72 91.06 95.62 N/A Deputy Director of PW - Eng 71.02 74.66 78.48 82.50 86.71 91.06 N/A Deputy Director of PW - Ops 68.30 71.80 75.47 79.34 83.41 87.56 N/A Deputy Police Chief 87.93 92.44 97.16 102.03 107.12 112.48 118.11 Economic Dev & Housing Mgr 60.38 63.48 66.71 70.14 73.73 77.42 N/A Economic Dev Project Mgr 45.88 48.24 50.70 53.31 56.03 58.83 N/A Field Services Manager 59.04 62.07 65.25 68.59 72.10 75.68 N/A Finance Manager 59.04 62.07 65.25 68.59 72.10 75.68 N/A Human Resources Manager 59.04 62.07 65.25 68.59 72.10 75.68 N/A Information Tech Supervisor 58.02 60.99 64.10 67.39 70.84 74.39 N/A Maintenance Supervisor 39.79 41.84 43.98 46.22 48.59 51.02 N/A Plan Check Supervisor 45.54 47.87 50.32 52.90 55.61 58.39 N/A Police Civilian Commander 59.78 62.85 66.07 69.45 73.00 76.66 N/A Principal Engineer 58.31 61.29 64.44 67.74 71.21 74.75 N/A Principal Plan Check Engineer 58.31 61.29 64.44 67.74 71.21 74.75 N/A Principal Planner 57.01 59.93 63.00 66.23 69.61 73.09 N/A Public Works Inspection Supv 41.24 43.35 45.56 47.89 50.35 52.87 N/A Public Works Manager 56.45 59.33 62.37 65.56 68.92 72.37 N/A Recreation Superintendent 51.46 54.10 56.87 59.78 62.85 65.97 N/A Recreation Supervisor 39.41 41.42 43.55 45.77 48.11 50.51 N/A Senior Accountant 41.42 43.55 45.77 48.11 50.57 53.10 N/A Senior Information Tech Spec 42.04 44.20 46.45 48.83 51.34 53.91 N/A Resolution 23-50 Exhibit Page 5 of 6 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F Senior Management Analyst 54.46 57.26 60.19 63.26 66.52 69.92 N/A Senior Planner 45.88 48.24 50.70 53.31 56.03 58.83 N/A Water Maint & Const Supv 43.76 46.00 48.35 50.83 53.43 56.10 N/A Water Services Manager 65.40 68.75 72.27 75.98 79.88 83.87 N/A Water Treatment Supervisor 49.96 52.51 1 55.19 58.02 60.99 64.03 N/A Resolution 23-50 Exhibit Page 6 of 6