HomeMy WebLinkAboutCC Resolution 12970 (MOU Mid-Management)RESOLUTION NO. 12970
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING
RESOLUTION No. 12688 AND ADOPTING A NEW RESOLUTION ESTABLISHING
THE COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED MID -MANAGEMENT EMPLOYEES
("MID -MANAGERS")
(effective July 1, 2010 through June 30, 2011)
1. MID -MANAGEMENT EMPLOYEES
The Mid -Management Employees of the City of San Rafael are the Mid -Management Job
Class Titles ("Mid -Managers", herein) enumerated in Exhibit "A", attached hereto and
incorporated herein. This Resolution shall constitute the compensation and conditions of
employment for the Mid -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 Mid -
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 Mid -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, 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 the
identified Management benchmark positions (Exhibit "B") to assess the related Mid -
Management positions in the final year of the Resolution in advance of discussions regarding
a successor Resolution.
Identified benchmark positions from other agencies include positions that are filled as well as
those that may be unfilled, so long as the benchmark position is identified by the survey
agency as being on the salary schedule and having a job class description. Other
city/agency positions are established as benchmark positions in San Rafael's compensation
survey based upon similar work and similar job requirements.
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The City shall review the benchmark and related survey data for accuracy and completeness.
The City shall provide the survey data to all Mid -Managers. During the term of this
Resolution, Mid -Managers agree to work with the City to identify and implement a new
benchmark strategy such as an alignment of Mid -Manager salaries with the respective
department director.
C. SALARY INCREASES
1. Julv 1. 2010 Salary Increase. Effective July 1, 2010 the City shall provide a 0.0%
salary increase (Exhibit "C") to the pay range for all Mid -Management classifications
covered by this Resolution.
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
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
MID -MANAGERS HIRED PRIOR TO APRIL 1, 2007
a. For Mid -Managers who retired before December 1, 2001, the City's contribution to
retiree medical premiums shall be the PEMHCA minimum contribution as designated
by PEMHCA on an annual basis.
Longevity Payments: The City shall make a longevity payment to the City's 401(h)
account on a monthly basis. The City's monthly contribution towards the 401(h)
account shall be the difference between the PEMHCA minimum contribution and
the premium cost of coverage for the retiree, the retiree's spouse/registered
domestic partner and/or qualified dependent children (as defined by PEMHCA)up to
$442 per month. The City's contribution to the City's 401(h) account shall remain in
effect during the lifetime of the Mid -Manager and Mid -Manager's spouse/registered
domestic partner or surviving spouse/registered domestic partner.
b. Mid -Managers who retired on or after December 1, 2001 from the Marin County
Employees Retirement Association (MCERA) within 120 days of leaving their City of
San Rafael Mid -Management position (and who comply with the appropriate
retirement provisions under the MCERA laws and regulations) are eligible to receive
upon retirement the PEMHCA minimum contribution as designated by PEMHCA on
an annual basis.
Longevity Payments: The City shall make a longevity payment to the City's 401(h)
account on a monthly basis. The City's monthly contribution towards the 401(h)
account shall be the difference between the PEMHCA minimum contribution and
the premium cost of coverage for the retiree, the retiree's spouse/registered
domestic partner and/or qualified dependent children (as defined by PEMHCA)
capped at the contribution the City makes towards the health coverage of active
Mid -Manager employees. The City's contribution to the City's 401(h) account shall
remain in effect during the lifetime of the Mid -Manager and Mid -Manager's
spouse/registered domestic partner or surviving spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired Mid -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 Mid -Manager and/or the
retired Mid -Manager's spouse/registered domestic partner or surviving
spouse/registered domestic partner. This reimbursement shall remain in effect for
the retired Mid -Manager's life and that of the retired Mid -Manager's
spouse/registered domestic partner or surviving spouse/registered domestic
partner.
MID -MANAGERS HIRED ON OR AFTER APRIL 1, 2007
Mid -Managers who are 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.
Longevity Payments: The City shall make a longevity payment to the City's 401(h)
account on a monthly basis. The City's monthly contribution towards the 401(h)
account 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 dependents. The City's contribution
to the City's 401(h) account shall cease upon the retired Mid -Manager's death.
The City shall not be responsible for reimbursing retired Mid -Managers and/or their
spouses for any Medicare premiums paid by the retired Mid -Manager and/or the
retired Mid -Manager's spouse or surviving spouse.
MID -MANAGER HIRED ON OR AFTER JANUARY 1, 2009
Mid -Managers who are 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 MCERS 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 Mid -Managers and/or their
spouses for any Medicare premiums paid by the retired Mid -Manager and/or the
retired Mid -Manager's spouse or surviving spouse.
B. LIFE INSURANCE
The City shall provide a basic group life insurance plan equal to his/her annual salary at no cost
to the employee.
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 $7500
(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 Mid -Manager is responsible for paying the full cost of their employee contribution rate as
established by the Marin County Employee Retirement Association.
B. COLA
Mid -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).
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C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55
retirement program to all miscellaneous Mid -Manager subject to Marin County Employee
Retirement Association procedures and regulations and applicable 1937 Act laws.
Mid -Managers agree to work with the City to identify and implement retirement cost savings
strategies. The City will investigate a retirement administrator change to CalPERS and will
share the forthcoming financial comparison study with Mid -Managers when complete.
Miscellaneous Mid -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 savings strategies.
D. SERVICE CREDIT FOR SICK LEAVE
Mid -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 Mid -Managers hired after June 30,
2009.
E. MANAGEMENT ALLOWANCE
Pursuant to Resolution No. 10657, the City established a Defined Contribution Retirement Plan
for Mid -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
Mid -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.
Mid -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.
Mid -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.
Mid -Managers may use sick leave prior to completion of probation. In recognition of Mid -
Managers' exempt status under FLSA, time off for sick leave purposes shall not be deducted
from a Mid -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
1. 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/vearly
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 Mid -Managers' exempt status under FLSA, time off for vacation leave
purposes shall not be deducted from a Mid -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 Mid -Manager; prior approval is
required. Mid -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. Mid -Managers who terminate their
employment shall be paid in a lump sum for all accrued vacation leave earned prior to
the date of termination. Mid -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 Mid -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. Mid -Managers may not cash -in more than fifty-two and 1/2 (52.5)
hours within any twelve (12) month period.
C. ADMINISTRATIVE LEAVE
Mid -Managers shall receive seven (7) Administrative Leave days each calendar year subject to
the approval of the department director and the City Manager. An additional three (3) days may
be granted at the discretion and with approval of the department director and 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 Mid -Manager upon his/her resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes shall not
be deducted from a Mid -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
Mid -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 Mid -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 Mid -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 Mid -Managers shall be
7.5 hours per day.
B. DRUG FREE WORK PLACE
All Mid -Managers shall abide by the City's Drug and Alcohol Policy.
C. FURLOUGH PLAN
Mid -Managers endorse the Furlough Program described in Exhibit "D" attached to this
Resolution.
D. PAY FOR PERFORMANCE EVALUATION SYSTEM
Mid -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 Mid -Managers shall abide by the City's Outside Employment Policy.
F. CITY VEHICLE
Under limited circumstances, a city vehicle may be provided to a Mid -Manager if it is
determined to be needed to complete his/her job duties and upon approval of the City
Manager.
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
ESTHER C. BEIRNE, CITY CLERK
Exhibit A
Mid -Management Job Class Group
Accounting Supervisor
Assistant Director of Community Services
Assistant Public Works Director
Assistant to the City Manager
Chief Building Official / Fire Marshal
City Traffic Engineer
Code Enforcement Manager
Cultural Affairs Supervisor
Deputy City Attorney 1/11
Economic Development Coordinator
Emergency Services Manager
Employee Benefits Analyst
Events Coordinator
Information Technology Manager
Operations and Maintenance Manager
Parking Services Manager
Parks Superintendent
Planning Manager
Principal Planner
Public Works Administrative Manager
Recreation Supervisor
Senior Civil Engineer (SRSD)
Senior Recreation Supervisor
Sewer Maintenance Superintendent
Street Maintenance Superintendent
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU'SWOU's 2010\Mid-Mgmt\Exh A_ MM job class group.xls
5/28/201012:23 PM
Exhibit B
Management Position Benchmark Job Classes for
Mid -Management Positions
Community Services Director
Library Director
Public Works Director
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MID -MANAGEMENT SALARY RESOLUTION
EXHIBIT "D"
FURLOUGH PROGRAM
Both the City of San Rafael and the Mid -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.