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HomeMy WebLinkAboutCC Resolution 12138 (Employment Agr.; Police Chief)RESOLUTION NO. 12138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT WITH THE POLICE CHIEF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR, CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Matthew C. Odetto to serve as the Police Chief for the City of San Rafael, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, 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 City Council of said City held on Monday the 6th day of November, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk WACity Managers- WorkFile\Council Materia1\Reso1utions\2006\odetto reso.doc r POLICE CHIEF EMPLOYMENT AGREEMENT Between the City of San Rafael and Matthew C. Odetto Dated November 6, 2006 TABLE OF CONTENTS 1) PARTIES AND DATES...................................................................................................... 3 2) EMPLOYMENT.................................................................................................................. 3 3) TERM..........................................................................................................................3 E) 4) COMMITMENTS AND UNDERSTANDINGS......................................................................3 PAYMENT OF UNUSED LEAVE BALANCES..............................................................9 A) POLICE CHIEF COMMITMENTS............................................................................... 3 B) CITY COMMITMENTS.................................................................................................. 4 C) MUTUAL COMMITMENTS........................................................................................... 5 5) COMPENSATION.............................................................................................................. 5 A) COMPENSATION & REQUIRED EMPLOYER COSTS................................................5 B) BENEFITS.............................................................................................................. 5 6) SECURITY..........................................................................................................................7 A) PENSION - (MCERA)................................................................................................7 B) DEFERRED COMPENSATION.....................................................................................7 C) INSURANCE..................................................................................................................8 7) SEPARATION.....................................................................................................................8 A) RESIGNATION RETIREMENT....................................................................................8 B) TERMINATION& REMOVAL........................................................................................8 C) SEVERANCE PAY......................................................................................................8 D) INVOLUNTARY RESIGNATION....................................................................................8 E) SEPARATION FOR CAUSE........................................................................................8 F) PAYMENT OF UNUSED LEAVE BALANCES..............................................................9 r "" EMPLOYMENT AGREEMENT — Matthew C. Odetto 8) MISCELLANEOUS PROVISIONS......................................................................................9 A) AMENDMENTS.............................................................................................................9 B) CONFLICT OF INTEREST.............................................................................................9 C) INDEMNIFICATION.......................................................................................................9 D) SEVERABILITY........................................................................................................... 10 E) JURISDICTION AND VENUE..................................................................................... 10 F) ENTIRE AGREEMENT................................................................................................ 10 G) NOTICE....................................................................................................................... 10 EXECUTION.....................................................................................................................11 2 EMPLOYMENT AGREEMENT — Matthew C. Odetto POLICE CHIEF EMPLOYMENT AGREEMENT Between the City of San Rafael And Matthew C. Odetto RECITALS 1) Parties and Date - This Agreement is entered into as of November 6, 2006, but shall become effective on the date specified below in Paragraph 3, by and between the City of San Rafael a municipal corporation ("City"), and Matthew C. Odetto ("Odetto" or "Police Chief'). The City and Police Chief are referred to hereinafter as "Party", and collectively as "Parties." A) The City desires to employ Odetto as its Chief of Police and has met and conferred with him, and performed all necessary pre-employment background and reference checks required for appointment to this highly sensitive and important City position; and B) Odetto possesses the necessary education, experience, skills and judgment to serve as the City's Police Chief; and C) The City Council desires to employ Odetto to serve as the Police Chief of City, pursuant to the authority vested in the Council under Article VI, Section 11 of the City's Charter; and D) The Parties hereto desire to enter into and execute this Agreement pursuant to the authority of and subject to the provisions contained in California Government Code Section 53260 et seq; and E) NOW THEREFORE, the Parties hereto do HEREBY AGREE AS FOLLOWS: 2) Emalovment - The City hereby offers to employ and Odetto agrees to become employed by City, as its Police Chief, and Odetto does hereby accept such employment on the terms and conditions, recited hereinafter. 3) Term- The Agreement shall be come effective and commence on December 4, 2006, and continue until such time as thereafter terminated pursuant to the terms and provisions set forth in this Agreement. 4) Commitments and Understandings A) Police Chief's Commitments (1) Duties & Authority (a) Recognizing the provisions of the City Charter contained in Article VI, Section 11 and Chapter 2.08 of the San Rafael Municipal Code relating to the appointive power of the City Council over the position of Police Chief within the City, but taking into account the modern day realities of administering the operation of a full service and sophisticated city the day to day supervision of the police Chief has for many years been delegated to the City Manager; EMPLOYMENT AGREEMENT — Matthew C. Odetto accordingly the Police Chief shall serve under the sole direction and supervision of the City Manager. (b) The Police Chief shall perform all of the duties and functions specified and set forth in Article VIII, Section 6 of the City's Charter and Section 2.08.170 of the San Rafael Municipal Code, pertinent provisions of the California Government Code, applicable City policies and procedures adopted and/or approved by the City Council and/or City Manager, from time to time throughout the duration of this Agreement. (c) The Police Chief shall administer and enforce Police Department policies established by the City Council and/or City Manager and promulgate rules and regulations as necessary to implement such policies. (2) Hours of Work (a) The Police Chief is an exempt employee in City government; however it is expressly agreed to and understood that he is expected to engage in all hours of work necessary to fulfill the obligations of the position. The position does not have set hours of work and the Police Chief is expected to be available at all times. (b) It is recognized that the Police Chief must devote a great deal of time to the business of the City outside the City's customary business working hours. Therefore the Police Chiefs schedule of work each day and week shall vary in accordance with the work required to be performed. The Police Chief shall spend sufficient hours on site to perform his duties. (c) The Police Chief shall not spend more than 12 hours per month in teaching, consulting, speaking, or involved in any other non -City connected business or venture without the express prior written consent of the City Manager. (3) Disability or Inability to Perform (a) In the event the Police Chief becomes mentally and/or physically incapable of performing the Police Chiefs functions and duties, taking into account reasonable accommodation, and it appears to the City Manager that such incapacity will last for more than six (6) months, the City Council may, upon recommendation of the City Manager, terminate the Police Chief. If the City Council does elect to terminate the Police Chief due to such incapacity, the Police Chief shall be entitled to receive all severance benefits provided in Section 7.0 below. B) City Commitments (1) The City shall provide the Police Chief with the compensation, incentives and benefits, specified in this Agreement, as may be from time to time amended. (2) The City shall pay for or provide the Police Chief reimbursement for all actual business expenses incurred in connection with all official City business conducted by the Chief. (3) The City agrees to pay, on behalf of the Chief, the professional dues, subscriptions, travel and subsistence expenses as may be necessary for the Police Chief's full participation in national, regional, state, and/or local associations and/or organizations necessary and desirable for the Police Chiefs continued 4 EMPLOYMENT AGREEMENT — Matthew C. Odetto professional growth and advancement. Said reimbursement includes governmental groups and committees upon which the Police Chief serves or may serve as a member. Said expense reimbursement shall include such instructional courses, institutes and/or seminars that are necessary for professional development of the Police Chief. C) Mutual Commitments (1) Performance Evaluation (a) Annual performance evaluations are an important way for the City Manager and Police Chief to ensure effective communication concerning job expectations and performance. The City Council and City Manager recognize that for the Police Chief to respond to their needs and to grow in performance of the job, he needs to be advised of his performance. To assure that he receives this information, the City Manager shall conduct an evaluation of the Police Chiefs performance at least once each year. 5) COMPENSATION - The City agrees to provide the following initial compensation to the Police Chief during the term of the agreement: A) Compensation & Required Employer Costs (1) Base Salary (a) The annual salary for the position of Police Chief shall be established by Resolution of the City Council in order to comply with Section 2.08.180 of the City's Municipal Code. The annual salary, on appointment, shall be set at $145,500. This salary may be adjusted via separate Salary Resolution, commencing with fiscal year 2007-2008, and shall be reflected in the salary range identified in said Salary Resolution throughout the term of this Agreement. (2) Required Employer Costs- the following costs shall be paid by City on behalf of the Police Chief: (a) Federal Insurance Contributions Act (FICA) (if applicable). (b) Medicare. (c) Unemployment Compensation. (d) The cost of any fidelity or other bonds required by law for the Police Chief. (e) The cost to defend and indemnify the Police Chief as provided in Section 8.0 below. (f) Workers Compensation. B) Benefits (1) Holidays - The Police Chief shall be entitled to paid holidays in accordance with the provisions of the salary and benefit plan for the Unrepresented Management Group. (2) Leave Allowance (a) The Police Chief shall receive the same vacation accrual and benefits as provided to the Unrepresented Management class of City employees. The s EMPLOYMENT AGREEMENT — Matthew C. Odetto Police Chief will accrue 21 (twenty one) days of vacation per year, which accrual shall increase in accordance with the City of San Rafael's policy for the Unrepresented Management class of City employees. For purposes of calculating the vacation accrual, the City shall deem Odetto to have been employed by the City for a period of ten (10) years. The Police Chief shall be paid for any unused accrued vacation upon either voluntary or involuntary termination of his employment. (b) The Police Chief shall receive the same sick leave accrual and benefits as provided to the Unrepresented Management class of City employees. The Police Chief shall be credited with 270 hours of "Credited Sick Leave" as of the effective date of this Agreement. Any unused Credited Sick Leave shall be applied toward service credit at the time of Odetto's retirement, and subject to retirement provisions, as specified relating thereto, by the MCERA. Odetto shall not have the right to receive cash compensation for unused Credited Sick Leave. Before using Credited Sick Leave during his employment with the City, Odetto will be required to exhaust any and all accrued City Sick Leave benefits. (c) Police Chief shall be entitled to administrative leave each year in accordance with such leave provided to the Unrepresented Management class of City employees. (d) The Police Chief shall have the option to convert any accrued vacation or administrative leave balance at any time during his employment tenure in accordance with the Unrepresented Management class of City employees' policies. (3) Automobile - The Police Chief shall be provided an automobile for his use in connection with City -related business and/or functions during, before, and/or after normal work hours. The automobile shall be a type and model consistent with policies established by the City's Fleet Advisory Board and said vehicle shall also be approved by the City Manager. The City shall maintain the automobile in such manner and to such standards that it is always in a safe and reliable condition for the Police Chief's use and shall pay all fuel and associated maintenance costs of said vehicle. (4) Education Pursuit and Reimbursement — Odetto currently has a Bachelor of Science degree. Odetto will pursue the credits necessary to complete a master's degree program in the area of Public Administration or an equivalent field The City will reimburse Odetto for tuition, books, registration fees and miscellaneous fees related to Odetto's pursuit of a master's degree, provided that Odetto receives a grade of "B" or better in each course and that he provides appropriate receipts and documentation for such expenses and that they are first reviewed and approved by the City Manager prior to reimbursement. In no event shall the total reimbursements hereunder exceed the sum of $10,000 over the term of this Agreement. In the event that Odetto leaves the City's employment within four ( 4 ) years following the completion of academic requirements for receipt of a master's degree which qualifies for reimbursement under this Section, Odetto shall repay the City in accordance to the following schedule: 0 EMPLOYMENT AGREEMENT — Matthew C. Odetto (a) Within one year following receipt of master's degree: Odetto shall repay one hundred percent (100%) of those costs which the City reimbursed Odetto hereunder. (b) Within two years of receipt of master's degree: Odetto shall repay seventy five percent (75%) of those costs which the City reimbursed Odetto hereunder. (c) Within three years of receipt of master's degree: Odetto shall repay fifty percent (50%) of those costs which the City reimbursed Odetto hereunder. (d) Within four years of receipt of master's degree: Odetto shall repay twenty five percent (25%) of those costs which the City reimbursed Odetto hereunder. (e) In the event Odetto leaves the City's employment without having received a master's degree that qualifies for reimbursement under this Section, Odetto shall repay the City one hundred percent (100%) of those costs which the City of San Rafael reimbursed Odetto hereunder. (5) Uniform Allowance - The Police Chief will receive a uniform allowance for each six (6) months of service ending June 30 and December 31. The uniform allowance will be $400.00 ($800.00 per year). A pro -rated portion of the allowance may be given for the first and last six (6) months of service based upon the approval of the City Manager or designee. (6) Benefits that Accrue to Other Employees - The Police Chief shall be entitled to all benefits, rights, and privileges accorded to safety City Department Directors, including, but not limited to, group health and dental insurance, except as otherwise provided in this Agreement (See Attachment A). To the extent the benefits contained herein exceed the benefits provided to the Unrepresented Management Group employees of the City, this Agreement shall control. 6) SECURITY A) Pension - Marin County Employee Retirement Association (MCERA) (1) The Police Chief shall be considered a safety employee as the position relates to the Marin County Employee Retirement Association (MCERA). The City shall pay the City's share only for participation in the Marin County Employee Retirement Association. B) Deferred compensation (1) Section 401 (a) Plan (a) The City shall make available, and contribute amounts each pay period to an Internal Revenue Code Section 401 (a) Plan as established by the City, consistent with the contributions made for employees in the Unrepresented Management Group. (2) Internal Revenue Code Compliance - All provisions of Sections 6.A and 6.13 are subject to all of the applicable provisions and limitations of the Internal Revenue Code and its related regulations, as may be amended from time to time. No requirement of any provision of Sections 6.A and 6.6 shall be effective if it would violate any provision of the Internal Revenue Code or its related regulations, and the inability of the City to effectuate such requirements for such reasons shall not constitute a breach of this Agreement. EMPLOYMENT AGREEMENT — Matthew C. Odetto C) Insurance (1) Disability Insurance. Long Term Disability insurance is to be provided. (2) Life Insurance. Term life insurance shall be provided at the Department Director level, as identified in the Unrepresented Management Group controlling documents. 7) SEPARATION A) Resignation/ Retirement - The Police Chief agrees to provide the City at least 45 days advance written notice of the effective date of his determination to resign , unless the Parties otherwise agree in writing to a different notice provision. If the Police Chief retires from full time public service with the City, then he may provide six months' advance notice if he chooses. The Police Chiefs actual retirement date shall be mutually agreed to and established. B) Termination & Removal — (1) It is expressly understood that the Police Chief is an at -will employee of the City, serving at the pleasure of the City Council as provided in Government Code Section 36506. (2) The City Council may remove the Police Chief at any time, with or without cause, by a majority vote of its members. Notice of termination shall be provided to the Police Chief in writing. (3) Given the at -will nature of the position of Police Chief, an important element of the employment agreement pertains to termination. It is in both the City's interest and that of the Police Chief that any separation of the Police Chief be accomplished in a dignified and businesslike manner. C) Severance Pay (1) In the event the Police Chief is terminated by the City Council during such time as the Police Chief continues to be willing and able to perform his duties under this Agreement, then, and in that event, the City agrees to pay the Police Chief a lump sum cash payment in an amount equal to six (6) months' base salary. (2) All payments required under Sections 7.0 (1), are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. D) Involuntary Resignation (1) In the event that the City Council requests that the Police Chief resign, then he shall be entitled to resign and shall remain entitled to receive the severance benefits provided in Section 7.0 above. E) Separation for Cause (1) Notwithstanding the provisions of Section 7.C, the Police Chief may be terminated for cause. As used in this Section, "cause" shall mean one or more the following: (a) Conviction of a felony; (b) Conviction of any illegal act involving moral turpitude or personal gain; 8 EMPLOYMENT AGREEMENT — Matthew C. Odetto (c) A plea of nolo contendere to any felony or illegal act involving moral turpitude or personal gain; (d) Any act constituting a knowing and intentional violation of City's conflict of interest code; (e) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the Police Chiefs duties; or (f) Repeated and protracted unexcused absences from the Police Chiefs office and duties. (2) In the event the City terminates the Police Chief for cause, then the City may terminate this Agreement immediately, and the Police Chief shall be entitled to only the compensation accrued up to the date of termination, payments required by Section 75 below, and such other termination benefits and payments as may be required by law. The Police Chief shall not be entitled to any severance benefits provided by Section 7.C. F) Payment for Unused Leave Balance (1) On separation from City employment, the Police Chief shall be paid for all unused accrued leave allowances provided in Section 5.13 (2) above. Accumulated leave balances shall be paid at the Police Chiefs monthly salary rate on the effective date of separation. 8. MISCELLANEOUS PROVISIONS A) Amendments - This Agreement may be amended at any time by mutual written agreement of the City and the Police Chief. B) Conflict of interest (1) The Police Chief shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of his official duties or which would tend to impair independence in the performance of his official duties. (2) The Police Chief shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the Police Chiefs employment with the City. (3) The Police Chief is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position. C) Indemnification (1) The City shall defend, save harmless and indemnify the Police Chief from any claim, demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the course and scope of the Police Chiefs performance of his duties as Police Chief, pursuant to and in accordance with Government Code sections 995 through 996.6 and Government Code section 825. (2) Whenever the Police Chief shall be sued for damages arising out of the performance of his duties, the City shall provide a legal defense for the Police 9 EMPLOYMENT AGREEMENT — Matthew C. Odetto Chief in such suit and indemnify the Police Chief from any judgment rendered against the Police Chief; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing. This indemnification shall extend beyond termination of employment and the otherwise expiration of this Agreement to provide protection for any such acts undertaken or committed in the Police Chiefs capacity as Police Chief, regardless of whether the notice of filing of a lawsuit occurs during or following employment with the City. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies that the Police Chief may have under the law. (3) The City and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Police Chief, for all matters while acting within the scope of the Police Chiefs duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the City or any party affiliated with or otherwise claiming under or through it, regardless of any prior, concurrent, or subsequent active or passive negligence by the Police Chief. D) Severability - If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto. E) Jurisdiction and Venue - This Contract shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in Marin County, California. F) Entire Agreement - This Contract represents the entire agreement of the Parties, and no representations have been made or relied upon except as expressly set forth herein. This Contract may be amended or modified only by a written, fully executed agreement of the Parties. G) Notice - Any notice, amendments, or additions to this Agreement, including change of address of either party during the term of this Agreement, which the Police Chief or the City shall be required, or may desire, to make shall be in writing and shall be sent by prepaid first class mail or hand delivered to the respective Parties as follows: (a) If to the City: City Manager City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 With a copy to the City Attorney (b) If to the Police Chief: City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 10 EMPLOYMENT AGREEMENT — Matthew C. Odetto EXECUTION: IN WITNESS WHEREOF, the City of San Rafael has caused this Agreement to be duly executed by its Mayor and the Police Chief, and duly attested by its City Clerk, the day and year first written above. EMPLOYER - CITY OF SAN RAFAEL By:°-" ,Alb6ort J. B , Mayor 91 By: 'C� Ke ordhoff, City Mai er ATTEST: A Je nne Leoncini, Ci y Clerk APPROVED AS T ORM: / Gar T. Rag ianti City Attorney POLICE CHIEF C- C L. ( . /;0 Matthew C. Odetto it Attachment A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION No. 10882 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT AND MID - MANAGEMENT EMPLOYEES AND ELECTED CITY ATTORNEY AND CITY CLERK (July 1, 2002 through June 30, 2006) I. SALARY A. Goal and Compensation Definitions Goal: It is the goal of the City Council to try to achieve a total compensation package for all employees in an amount equal to the following: 1. One dollar ($1.00) above the average of the total compensation paid to the same or similar classifications in the following ten (10) cities: Alameda, Fairfield, Hayward, Napa, Novato, San Leandro, Santa Rosa, Sausalito, South San Francisco and Vallejo. AND 2. The highest total compensation paid to the same or similar classifications in each of the following Marin County police agencies: Belvedere, Fairfax, Marin County Sheriffs Office, Mill Valley, Novato, Ross, San Anselmo, Sausalito, Tiburon and Twin Cities. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, car allowance, 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 (to be included for total compensation survey beginning July 1, 2004), employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. B. Compensation Surveys To measure progress towards the above -stated goal, the City will annually survey the identified benchmark positions, which are identified as an Exhibit and included as part of this Salary Resolution. Identified benchmark positions from other agencies includes positions that are identified by the survey agency and have similar job duties, qualifications, class and grade compared to the identified benchmark job classes. To measure whether the goal has been reached, a survey of total compensation for top step benchmark positions will be conducted annually during the month of July of each year of the contract. Survey data will include all salary and benefit increases, as defined in 'total compensation', in place or to be effective no later than September 1 of that same year, for the purpose of applying the excess General Tax Revenues, if any, described below. If such General Tax Revenues are to be applied to a salary increase, there will be a wage increase retroactive to September 1 for the year under survey for all classifications. Retroactive pay increases shall apply to all current and retired (members who did not resign or were terminated) employees represented by this contract during the retroactive period. In no event will total compensation increases available through the revenue sharing provisions of this contract and provided for bargaining unit employees cause the benchmark positions to exceed the stated 'total compensation' goal. All related classifications shall receive the same increases as those received by their assigned benchmark position. C. July 1, 2002 Salary Increase Effective July 1, 2002, a 2.0% salary increase to the pay range for all Management and Mid - Management classifications covered by this salary resolution (Exhibit "Al"). 1. If General Tax Revenues of the City for fiscal year 2001-2002 exceed General Tax Revenues of the City for fiscal year 2000-2001 as adjusted by 75% of the total compensation increases provided for fiscal year 2001-2002, then the members of the bargaining unit shall be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2001-2002 General Tax Revenues over fiscal year 2000-2001 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2001-2002, for a salary increase. 2. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All related bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. D. Salary Increase Following Resolution Adoption Effective the second payroll period following adoption by the City Council, a 2.0% salary increase to the pay range for all Management and Mid -Management classifications covered by this salary resolution (Exhibit "A2"). E. July 1, 2003 Salary Increase Effective July 1, 2003, a 4.5% salary increase to the pay range for all Management and Mid -Management classifications covered by this salary resolution (Exhibit 11811 1. If General Tax Revenues of the City for fiscal year 2002-2003 exceed General Tax Revenues of the City for fiscal year 2001-2002 as adjusted by 75% of the total compensation increases provided for fiscal year 2002-2003, then the members of the bargaining unit shall be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2002-2003 General Tax Revenues over fiscal year 2001-2002 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2002-2003, for a salary increase. 2. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All related bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. F. July 1, 2004 Salary Increase Effective July 1, 2004, a 2.5% salary increase to the pay range for all Management and Mid-Management classifications covered by this salary resolution (Exhibit liCit 1. If General Tax Revenues of the City for fiscal year 2003-2004 exceed General Tax Revenues of the City for fiscal year 2002-2003 as adjusted by 75% of the total compensation increases provided for fiscal year 2003-2004, then the members of the bargaining unit shall be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2003-2004 General Tax Revenues over fiscal year 2002-2003 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2003-2004, for a salary increase. 2. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All related bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. G. July 1, 2005 Salary Increase Effective July 1, 2005, a 2.5% salary increase to the pay range for all Management and Mid-Management classifications covered by this salary resolution (Exhibit "ID11 1. If General Tax Revenues of the City for fiscal year 2004-2005 exceed General Tax Revenues of the City for fiscal year 2003-2004 as adjusted by 75% of the total compensation increases provided for fiscal year 2004-2005, then the members of the bargaining unit shall be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2004-2005 General Tax Revenues over fiscal year 2003-2004 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2004-2005, for a salary increase. 2. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All related bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. H. Car Allowance Full time Management employees identified in Section 1A of Exhibit "A" are eligible to have the option of use of a city car or a monthly car allowance (currently the monthly car allowance is $250.00). As of August 1, 1996 the car allowance is reported as salary to the Retirement system. INSURANCE A. Management Health, Life and Disability 1. Management employees listed in Section 1A of the Salary Exhibits (A through D) shall receive full coverage for selected Health and Disability premium costs, for enrollment in the Enhanced Plan and for Life insurance in the amount of the basic $5,000 plan and a plan equaling two times the employee's annual salary, not to exceed $150,000. 2. Management employees who retire from the Marin County Retirement System within 120 days of leaving their City of San Rafael position are eligible to continue in the City's group health insurance program with the same City contribution toward their insurance premium that is provided to active Management employees. B. Mid -Management Health, Life and Disability 1. Mid -Management employees listed in Section 1B of the Salary Exhibits (A through D) shall receive full coverage for the premium cost of the basic $5,000 Life Insurance plan and the supplemental plan up to the amount of the employee's annual salary. 2. The City's contribution towards the premium costs for each eligible employee's Health and Disability Plans is $442 per month. Effective December 1, 2001 the City shall pay the full premium cost for the selected Health and Disability plan for active employees in this Mid -Management group. Mid -Management employees who retire from the Marin County Retirement System within 120 days of leaving their City of San Rafael position are eligible to continue in the City's group health insurance program and receive a City contribution toward their insurance premium. For Mid -Managers who are currently retired or who retire prior to December 1, 2001, the City's contribution shall not exceed $442 per month. For Mid -Managers who retire on or after December 1, 2001 the City shall pay the full cost of the group health insurance premium. 3. Current Mid -Management employees listed in Section 1 B of the Exhibit shall have the option of enrollment in the existing Disability plan or the enhanced Disability plan (See explanation below) offered by the City's provider. Mid -Management employees listed in Section 1 B, who are hired on or after August 1, 1991, if electing Disability coverage, must enroll in the enhanced Disability plan. Existinq Plan: The amount of Monthly Income shall be sixty-six and two-thirds percent of the first $1,500 of the Member's basic monthly earnings, reduced by any Deductible Benefits. Enhanced Plan: The amount of Monthly Income shall be sixty-six and two-thirds percent of the first $7,500 of the Member's basic monthly earnings, reduced by any Deductible Benefits. C. Dental The City will provide a dental program offering 100% coverage for diagnostic and preventative care, $25.00 deductible on corrective care (80% / 20% per patient, per calendar year) and orthodontic coverage (50°/x/50%) for age eligible dependents; and 80%/20% coverage of crowns, casts and restorations in accordance with plan document with the Dental provider. The maximum benefit for dental insurance per eligible enrollee is $1,500/calendar year, except for orthodontic coverage which has a $1,000 lifetime benefit and has certain other limitations (See policy booklet for specifics of the dental plan benefit). II. RETIREMENT A. EPMC The City will pay up to a maximum of five percent (5%) of the employee's retirement contribution rate (EPMC rate) or fifty percent (50%) of the employee's retirement contribution rate, whichever is less, to the Marin County Retirement System. ➢ Effective the second pay period from adoption of this Resolution, by the City Council, the City will pay the first three percent (3%) of the employee's EPMC rate. ➢ Effective July 1, 2003, the City will pay the first two percent (2%) of the employee's EPMC rate. ➢ Effective July 1, 2004, the City will pay the first one percent (1 %) of the employee's EPMC rate. ➢ Effective July 1, 2005, the employee shall be responsible for the full cost of their EPMC rate. B. COLA Effective July 1, 2003, participating employee members 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 Effective July 1, 2004, the City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous members and the 3.0% @55 retirement program to all safety members, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. D. Service Credit For Sick Leave Management and Mid -Management employees 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 V. A. 1. of this Resolution). E. Management Allowance Pursuant to Resolution No. 10657 a Defined Contribution Retirement Plan is adopted for Management and Mid -Management employees. All rules related to this plan shall be governed by the Plan document and its amendments. Current contribution is three percent (3%). 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. IV. LEAVES OF ABSENCE A. Sick Leave 1. Employees 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. 2. Accrual of sick leave for usage purposes is unlimited. The maximum of 1200 hours accrual continues to apply for cash -in purposes. 3. Management and Mid -Management employees may use sick leave prior to completion of probation. In recognition of exempt status from FLSA, time off for sick leave purposes shall not be deducted from the employee's accrual unless the time is 7.5 or more consecutive work hours. 4. Exclusion of sick leave for work injury/illness once determined permanent and stationary by the treating physician. B. Vacation Leave The vacation leave program for Management and Mid -Management employees is as follows: 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 time off for vacation leave purposes, exempt status from FLSA shall not be deducted from the employees accrual, unless the time is 7.5 or more consecutive work hours. The vacation accrual cap policy was established in March of 1997; and provides that no employee may annually carry forward hours in excess of the cap (one calendar year to another). The vacation accrual cap has been established at 30 days (225 hours). NOTE: Employees who were already over this cap on March 31, 1997 will not lose those accrued hours, but will not be able to carry over any additional hours as long as their balance exceeds the thirty -day cap. C. Administrative Leave Management and Mid -Management employees shall receive seven (7) Administrative Leave days each calendar year subject to the approval of the department head and the City Manager. An additional three (3) days may be granted at the discretion and with approval of the department head and the City Manager. Unused Administrative Leave does not carry over from one calendar year to the next, nor are unused balances paid off upon an employee's resignation. In recognition of exempt status from FLSA time off for Administrative leave purposes shall not be deducted from employees accrual, unless the time is 7.5 or more consecutive work hours. D. Holidays City currently provides eleven designated holidays and two floating holidays per year to employees covered by this Resolution. 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 an employee's spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days within the state and up to five (5) days out-of-state of bereavement leave, may be granted to attend the funeral. In those cases where the death involves an individual who had such a relationship with the employees, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to their immediate supervisor as part of the request for bereavement leave. F. Catastrophic Leave Employees may donate accrued leave to other City employees suffering from a catastrophic illness or injury either to themselves, a spouse, a parent, or to a dependent minor child. Catastrophic leave is a paid leave of absence due to a life threatening, verifiable long-term illness or injury such as, but not limited to, cancer or heart attack, which clearly disables the individual. Employees who have successfully completed 1,950 hours or one year in paid status shall be eligible for catastrophic leave due to their own serious illness or injury or serious illness or injury to a spouse, parent, or dependent minor child. The employee must first exhaust all applicable leave (sick, vacation and/or administrative leave) before qualifying for catastrophic leave. Catastrophic leave shall be additional paid leave made available from vacation, sick leave or administrative leave hours donated by other employees to a specific qualified employee. Employees donating vacation, sick leave, or administrative leave must donate in increments of whole hours. The donating employee must have a vacation leave balance of at least 40 hours after the donation of vacation leave. The donating employee may not donate more than one-half of their accrued sick leave, and must be left with a balance of at least eighty (80) hours of accrued sick leave after the donation. Employees may donate all of their administrative leave. An employee requesting catastrophic leave must receive the approval of the City Manager. Such leave may initially be approved for up to a maximum of 340 donated hours. If the catastrophic illness or injury continues, up to an additional 340 donated hours may be recommended and approved. The Management Services Department shall account for the donation and disbursement of catastrophic leave hours. All time donated will be credited on an hour to hour basis regardless of pay differentials between the donating employee and the recipient. Catastrophic leave shall not be used in conjunction with any long or short term disability or Workers Compensation leave. While an employee is on catastrophic leave, using donated hours, the employee shall not accrue any vacation or sick leave. V. EMPLOYMENT TERMS A. Work Day Unless otherwise designated by the Appointing Authority, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for positions in this salary resolution shall be 7.5 hours per day. B. Drug Free Work Place Management and Mid -Management employees endorse the concept of a drug free work place as stated in Administrative Procedure No. 3 adopted by the City Manager on April 23, 1991 and the Drug and Alcohol Policy attached as Exhibit "F" C. Furlough Plan Management and Mid -Management employees endorse the Furlough Program described in Exhibit "G" attached to this salary resolution. D. Pay for Performance Evaluation System Management and Mid -Management employees shall be evaluated annually based the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and replarly introduced and adopted at a regular meeting of the Council of said City the 16` day of December, 2002 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEANNE M. LEONCINI, CITY CLERK