HomeMy WebLinkAboutCC Resolution 12969 (Salary Management)RESOLUTION NO. 12969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING
RESOLUTION No. 12687 AND ADOPTING A NEW RESOLUTION ESTABLISHING THE
COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS")
(effective July 1, 2010 through June 30, 2011)
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, 2010 through June 30, 2011.
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. SALARYINCREASES
1. July 1, 2010 Salary Increase. Effective July 1, 2010, 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, 2010 is:
Employee only: $ 523.54
Employee and one dependent: $ 1047.10
Employee and two or more dependents: $ 1361.23
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
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
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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
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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 DISABILITY INSURANCE
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.
Managers agree to work with the City to identify and implement retirement cost savings
strategies. Managers are interested in investigating a retirement administrator change to
CalPERS. The City will share the forthcoming financial comparison study with Managers
when complete.
Miscellaneous (non -safety) Managers hired after a future date, which will be identified
specifically in a future amendment or replacement to this Resolution, may be subject to a
lesser retirement benefit tier, modifications to tier characteristics, or other cost saving
strategies.
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.
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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 time is 7.5 or more consecutive work hours.
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
1-5 years
6 years
7 years
8 years
9 years
10 years
Leave Accrual rate/yearly
15 days
16 days
17 days
18 days
19 days
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 time is
7.5 or more consecutive work hours.
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 time is 7.5 or more
consecutive work hours.
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. WORK DAY
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.
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."
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 7th day of June, 2010 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
,,557iZ�-,Jz G . 442-e,e&<A .
ESTHER C. BEIRNE, CITY CLERK
Exhibit "A"
Management Job Class Group
Assistant City Manager
Community Development Director
Community Services Director
Deputy City Manager / Economic Development Director
District Manager/District Engineer (SRSD)
Finance Director
Fire Chief
Human Resources Director
Library Director
Police Chief
Public Works Director
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU'SWOU's 2010\Mgmt\Mgmt 10-11_Exh AJob class group.As
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MANAGEMENT SALARY RESOLUTION
EXHIBIT "C"
FURLOUGH PROGRAM
Both the City of San Rafael and the Management Group employees recognize the current economic
condition of the State of California and the City of San Rafael. Through this recognition and in a
cooperative spirit the City of San Rafael and these employees have worked expeditiously on the
development of a Furlough Program. This does not mean the City will necessarily implement
furloughs; but in the event it is necessary to implement due to continued economic problems in the
City of San Rafael the procedures for this Furlough Program shall provide for both Voluntary Time Off
(herein described as VTO) and Mandatory Time Off (herein described as MTO).
Voluntary Time Off (VTO).
The needs of the City and the respective departments (as determined by the Department Director and
City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and
the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee
needed to take during the fiscal year.
2. Employees who take VTO at a time other than when MTO is taken by other employees will
have to take vacation leave, compensatory time off or leave without pay if the MTO results in
the closure of the department.
Mandatory Time Off (MTO).
The City will attempt to schedule MTO time in blocks of days (between Xmas and New Years) or
individual days next to scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. For retirement calculation purposes of the MTO, the City shall follow the policies and
procedures of the Marin County Employees' Retirement Association (MCERA) at the time of
the furlough.
3. Any employee who notifies the City no later than 07/30/09 of their retirement date and retires
from the City during FY 09-10 shall be exempted from the MTO requirements. If said
employee did not retire during FY 09-10 as stated, said employee would be docked in pay an
amount equivalent to the number of MTO hours taken by other represented employees.
4. MTO time shall apply toward time in service for step increases, completion of probation, and
related service credit subject to the policies and procedures of the Marin County Employees'
Retirement Association (MCERA).
Other Terms and Conditions.
1. The MTO salary reduction shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the
involved employee shall be credited with three (3) days of float time.
2. Float Time accrued through the MTO Program must be taken in the fiscal year following the
furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash
value upon termination of employment.
3. Should the City experience a financial windfall during the fiscal year that furloughs are
implemented, the City agrees to re -open discussions on this Furlough Program.
4. The VTO/MTO salary reduction is intended to be permanent for the term of this contract.