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
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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
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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
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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
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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:
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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
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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