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HomeMy WebLinkAboutCC Resolution 13207 (Salary Management)RESOLUTION NO. 13207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS") (effective July 1, 2011 through June 30, 2013) 1. MANAGEMENT EMPLOYEES The Management Employees of the City of San Rafael are the Management Job Class Titles ("Managers", herein) enumerated in Exhibit A, attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for the Managers for the period from July 1, 2011 through June 30, 2013. 2. SALARY AND COMPENSATION GOALS A. GOALS AND COMPENSATION DEFINITIONS It is the goal of the City Council to try to achieve a total compensation package for all Managers that is competitive compared to similar cities in our labor market. The survey cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato, and Santa Rosa. The Council's goal is to attract and retain the most qualified Managers in accordance with the City's ability to pay. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, auto allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer's contribution towards employees' share of retirement, employer's retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, management allowance, and employer paid cafeteria/flexible spending accounts. B. COMPENSATION SURVEYS In order to measure progress towards the above -stated goal, the City shall survey all Management positions in the final year of the Resolution in advance of discussions regarding a successor Resolution. Identified survey positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the position is identified by the survey agency as being on the salary schedule and having a job class description. The appropriate survey positions will be selected for Management positions based upon similar work and similar job requirements. The City shall review the survey data for accuracy and completeness. The City shall provide the survey data to all Managers. C. SALARY INCREASES 1. July 1, 2011 Salary Increase. Effective July 1, 2011, the City shall provide a 0.0% salary increase to the pay range for all Management classifications covered by this Resolution (see Exhibit B) 2. July 1, 2012 Salary Increase. Effective July 1, 2012, the City shall provide a 0.0% salary increase to the pay range for all Management classifications covered by this Resolution (see Exhibit B) D. CAR ALLOWANCE All Managers identified in Exhibit A are eligible to have the option of use of a city car or a monthly car allowance. The monthly car allowance paid to the Managers shall be $350. 3. INSURANCE Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws. A. HEALTH INSURANCE 1. Health Insurance for Active Employees. Effective January 1, 2009, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City's full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan. The monthly flex dollar allowance effective January 1, 2011 is: Employee only: $ 539.25 Employee and one dependent: $ 1078.51 Employee and two or more dependents: $ 1402.07 Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by the healthcare component of the Consumer Price Index (CPI) as determined by CalPERS on an annual basis. The increase to flex dollar allowances shall not exceed 3% for any given year. The City shall make available to employees an additional flex dollar allowance to fund a basic "employee plus dependent" vision plan to be determined by the City. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with K the terms of the cafeteria plan to purchase other benefits or may be converted to taxable income. For example, in calendar year 2010, a single employee's monthly flex dollar allowance for health is $523.54; of that amount, $105.00 has been designated by CalPERS as the City's monthly PEMHCA contribution. The balance of $418.54 may be used to purchase other coverage as offered through the cafeteria plan or may be converted to taxable income. If an employee has health insurance coverage through a spouse/dependent or a former employer and provides proof of other coverage to the Human Resources Department, the employee may elect to waive the City's health insurance coverage and elect to use flex dollars in accordance with the terms of the cafeteria plan. Miscellaneous Allowance for Employees hired on or before January 1, 2009: The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee's benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City's Cafeteria plan. 2. Health Insurance for Retirees a. Managers Hired prior to April 1, 2007 and who retire from the Marin County Employees' Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Management position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City's group health insurance program. The City's contribution towards the coverage of retirees under this subsection (3.A.2.a) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. On a monthly basis, the City shall make a longevity payment into the City's 401(h) plan. The City's monthly contribution towards the City's 401(h) plan shall be the difference between the PEMHCA minimum contribution and the premium cost of coverage, for the retiree and the retiree's spouse/registered domestic partner or surviving spouse/registered domestic partner and/or qualified dependent children's coverage under PEMHCA up to the maximum contribution the City makes towards the cost of coverage of an active employee hired prior to April 1, 2007. The City's contribution towards the City's 401(h) account shall remain in effect for the retired manager's life and that of the retired manager's spouse/registered domestic partner or surviving spouse/registered domestic partner. As described in this subsection, the City shall reimburse retired managers and their spouses or registered domestic partners the Medicare Part B standard premium amount, (i.e. $96.40 for 2009), as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. The City shall reimburse the cost of Medicare Part B standard premiums once the City receives proof of payment of the Medicare Part B premiums by the retired manager and/or the retired manager's spouse/registered domestic partner or surviving spouse/registered domestic partner. This reimbursement shall remain in effect for the retired manager's life and that of the retired manager's spouse/registered domestic partner or surviving spouse/registered domestic partner. b. Managers hired on or after April 1, 2007 and who retire from the Marin County Employees' Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City's group health insurance program. The City's contribution towards the coverage of retirees under this subsection (3.A.2.b) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. On a monthly basis, the City shall make a longevity payment into the City's 401(h) plan. The City's monthly contribution towards the City's 401(h) plan shall be the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree's spouse, registered domestic partner or retiree's dependents. The City's contribution towards the City's 401(h) account shall cease on the retired manager's death. The City shall not be responsible for reimbursing retired managers and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager's spouse or surviving spouse. c. Managers hired on or after January 1, 2009 and who retire from the Marin County Employees' Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City's group health insurance program. The City's contribution towards the coverage of retirees under this subsection (3.A.2.c) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for reimbursing retired managers and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager's spouse or surviving spouse. B. LIFE INSURANCE The City shall provide a basic group life insurance plan equal to two times the employee's annual salary, not to exceed $150,000. C. LONG-TERM DISABILITyINSURANCE The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee's monthly salary, up to a maximum benefit of $7,500 (reduced by any deductible benefits). D. DENTAL INSURANCE The City shall make available to employees an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City's dental plan. The City shall pay dental premiums on behalf of the employee and eligible dependents. E. EMPLOYEE ASSISTANCE PLAN The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work related assistance. 4. RETIREMENT A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) Each Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association. B. COLA Managers participating in the Marin County Employee Retirement Association will pay their full share of members' cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act). C. RETIREMENT PLAN The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Managers subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee's single highest year of compensation. Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55. D. SERVICE CREDIT FOR SICK LEAVE Managers who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to Section 5-A of this Resolution). This provision will no longer be available to Managers hired after June 30, 2009. 0 E. MANAGEMENT ALLOWANCE Pursuant to Resolution No. 10657, the City established a Defined Contribution Retirement Plan for Managers. All rules related to this plan shall be governed by the Plan document as amended. Current contribution is three percent (3%) of base salary. Eligible employees shall have a one-time option of electing an employer contribution (pre-tax) to their PARS account or an after tax payment in the form of a management allowance. The City shall make Plan changes, as required from time to time, in order to have the Defined Contribution Retirement Plan remain in compliance with then existing IRS regulations. 5. LEAVES OF ABSENCE A. SICK LEAVE Managers shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Accrued sick leave may be used during their probationary period. Managers who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary. Managers may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash -in purposes at the time of City separation. Managers may use sick leave prior to completion of probation. In recognition of Managers' exempt status under FLSA, time off for sick leave purposes shall not be deducted from a Manager's sick leave accrual, unless the employee is absent for the full workday. Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary. B. VACATION LEAVE Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a bi-weekly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status: Years of service Leave Accrual rate/vearlv 1-5 years 15 days 6 years 16 days 7 years 17 days 8 years 18 days 9 years 19 days 10 years 20 days 11 years 21 days 12 years 22 days 13 years 23 days 14 years 24 days 15 plus years 25 days In recognition of Managers' exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Manager's vacation accrual unless the employee is absent for the full workday. 2. Administration of Vacation Leave The City Manager may advance vacation leave to a Manager; prior approval is required. Managers may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee's accumulated vacation leave balance falls below the accrual limit of 250 hours. Managers who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. Managers may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service. 3. Annual Option for Pavment of Accrued Vacation Leave A Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that his/her accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid to him/her in cash. The request may be granted at the discretion of the City Manager. Managers may not cash -in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period. C. ADMINISTRATIVE LEAVE Managers shall receive seven (7) Administrative Leave days each calendar year subject to the approval of the City Manager. An additional three (3) days may be granted at the discretion and with approval of the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Manager upon his/her resignation. In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Manager's administrative leave accrual, unless the employee is absent for the full workday. D. HOLIDAYS City shall provide eleven designated holidays and two floating holidays per calendar year to Managers. The hours for the floating holidays are automatically added to an employees' vacation accrual on a semi-annual basis. E. BEREAVEMENT LEAVE In the event of the death of a Manager's spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the home of the employee, and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, the City shall provide bereavement leave up to a maximum of three (3) days within the state and five (5) days out-of-state. F. CATASTROPHIC LEAVE All Managers shall abide by the City's Catastrophic Leave Policy. 6. EMPLOYMENT TERMS A. HOURS OF WORK The WORK WEEK will reflect thirty-six (36) hours for all represented job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Managers shall be 7.5 hours per day. The 36 hour work week will be implemented as soon as possible, but no later than July 16, 2011 and will be in effect until the last pay period of June 2013. This reduction in hours will result in a 4% reduction in salary as reflected in Exhibit B. B. DRUG FREE WORK PLACE All Managers shall abide by the City's Drug and Alcohol Policy. C. FURLOUGH PLAN Managers endorse the Furlough Program described in Exhibit C. For the term of this resolution, all employees will be subject to fifteen (15) hours of furlough for each fiscal year. The Mandatory Time Off (MTO) provision of the Furlough Program described in Exhibit C, including "Other Terms and Conditions", will be suspended until the last pay period of June 2013. D. PAY FOR PERFORMANCE EVALUATION SYSTEM Managers shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein. E. OUTSIDE EMPLOYMENT All Managers shall abide by the City's Outside Employment Policy. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 18th day of July, 2011 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ,-Sgm , e ZQWeke . ESTHER C. BEIRNE, CITY CLERK 141