HomeMy WebLinkAboutCC Resolution 14447 (City Clerk Position)RESOLUTION NO. 14447
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING AND RESTATING
THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND
ELECTED PART TIME CITY ATTORNEY (JULY 1, 2016 THROUGH JUNE 30, 2018)
WHEREAS, the City Council adopted Resolution 14198 on September 19, 2016, pertaining to the
compensation and working conditions for the elected City Clerk and elected part time City Attorney (July
1, 2016 through June 30, 2018); and
WHEREAS, the Council would like to amend Section 1.a) of Resolution 14198 to change the
terms of the compensation for the City Clerk to provide, effective on January 16, 2018, that the monthly
salary schedule shall consist of five salary steps as set forth in this Resolution; and
WHEREAS, for public transparency and convenience, the Council would like to have the
amended City Clerk’s compensation and working conditions all listed in one resolution; and
WHEREAS, except as specifically amended, this Resolution reaffirms and restates the contents
of Resolution 14198 and constitutes the full compensation and conditions of employment for the elected
City Clerk and elected part-time City Attorney for the period from July 1, 2016 through June 30, 2018.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby
amends and restates the compensation and working conditions for the Elected City Clerk and Elected Part
Time City Attorney (July 1, 2016 through June 30, 2018) as follows:
1. SALARY
a) Salary Increase
Effective the pay period including July 1, 2016, the City shall provide a 2.0% increase to the salary
for the City Clerk and City Attorney in accordance with the chart below.
Effective the pay period including July 1, 2017, the City will provide a 2.0% increase to the salary
for the City Clerk and City Attorney in accordance with the chart below.
MONTHLY SALARY
Effective Date City Attorney City Clerk
July 1, 2016 $10,341 $9,972
July 1, 2017 $10,548 $10,171
Effective January 16, 2018, the City Clerk monthly salary schedule shall consist of five salary steps:
Step A B C D E
City Clerk $ 8,368 $ 8,786 $ 9,225 $ 9,687 $ 10,171
b) One-Time Payment
The City Clerk and City Attorney will receive a Health Cost Increase Offset payment in the
amount of $2,500, split as follows: $1,250 will be paid in the second paycheck in September
2016, and $1,250 will be paid in September 2017. This one-time payment will not be included in
the Full Flex Cafeteria Plan, will not contribute to employees’ pensions, is subject to normal
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payroll taxation and may be used by each elected official to address their own unique health care
cost needs.
This payment is limited to the two years cited in the resolution and is not scheduled to recur in
the future.
c) Car Allowance
An incumbent who holds the City Clerk’s office is eligible to receive a monthly car allowance of
$350.
2. INSURANCE
a) Health Insurance Effective January 1, 2009, the City implemented a full flex cafeteria plan for
active employees, in accordance with IRS Code Section 125. Active employees participating in the
City’s full flex cafeteria plan, including the City Clerk and City Attorney, shall receive a monthly flex
dollar allowance to purchase benefits under the full flex cafeteria plan.
The monthly flex dollar allowance effective the paycheck of December 15, 2015 shall be:
For employee only: $ 618.49
For employee and one dependent: $1,236.97
For employee and two or more dependents: $1,608.07
Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by
the healthcare component of the Consumer Price Index (CPI) as determined by CalPERS on an
annual basis. The increase to flex dollar allowances shall not exceed 3% for any given year.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care
Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the
monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The
balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be
used in accordance with the terms of the cafeteria plan to purchase health benefits or may be
converted to taxable income.
Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance
coverage and receive the value of the Employee Only contribution as a monthly Opt -Out
payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the
employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for
whom coverage is waived, have alternative Minimum Essential Coverage as defined by the
Patient Protection and Affordable Care Act through a provider other than a federal
marketplace, a state exchange, or an individual policy.
2) During the City’s annual open enrollment period, the employee must complete an annual
written attestation confirming that the employee and the other members of the employee’s tax
family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify
the City no later than 30 days if the employee or other member(s) of the employee’s tax
family lose coverage under the alternative Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional
opt-out payments if the City learns that the employee and/or members of the employee’s
family do not have the alternative Minimal Essential Coverage.
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The City reserves the right to modify at any time, the amount an employee is eligible to receive
under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal
and/or California agency guidance.
Miscellaneous Allowance for Employees hired on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in
an amount equivalent to the difference between the employee’s benefit election for coverage
under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds
their flex dollar allowance. The miscellaneous allowance shall be treated as income. An
employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as
defined under the City’s Cafeteria plan.
b) Health Insurance for Retirees
i) Elected or Appointed officials placed into office prior to April 1, 2007 and who retire from
the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their
City of San Rafael elected position of City Clerk or City Attorney (and who comply with the
appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue
in the City’s group health insurance program and receive the PEMHCA minimum contribution as
determined by CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference
between the PEMHCA minimum contribution and the premium cost of coverage for the retiree,
the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined
by PEMHCA) capped at the contribution the City makes towards the health coverage of an active
City Attorney or City Clerk. The City‘s longevity contribution shall remain in effect during the
lifetime of the retired City Attorney and City Clerk and their spouse/registered domestic partner or
surviving spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired elected or appointed officials and
their spouses or registered domestic partners the Medicare Part B standard premium amount, as
determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To
initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums
to the Human Resources Department. If the Medicare Part B is deducted from social security,
the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare
Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly
basis. This reimbursement shall remain in effect for the retired elected or appointed official’s life
and that of the retired elected or appointed officials spouse/registered domestic partner or
surviving spouse/registered domestic partner.
ii) Elected or Appointed officials placed into office on or after April 1, 2007 and who retire
from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving
their City of San Rafael elected position of City Clerk or City Attorney (and comply with the
appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue
in the City’s group health insurance program. The City’s contribution towards the coverage of
retirees under this subsection shall be the PEMHCA minimum contribution as determined by
CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference
between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for
the retiree. The City shall not be responsible for making any contributions towards the cost of
coverage of the retiree’s spouse, registered domestic partner or dependents. The City‘s longevity
contribution shall cease upon the retired City Attorney or City Clerk’s death.
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iii) Elected or Appointed officials placed into office on or after January 1, 2009
Elected or Appointed officials placed into office on or after January 1, 2009, and who retire from
the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their
City of San Rafael position (and comply with the appropriate retirement provisions under the
MCERS laws and regulations) are eligible to continue in the City’s group health insurance
program. The City’s contribution towards the coverage of retirees under this subsection shall be
the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
c) Life Insurance. The City shall provide a basic group life insurance plan in the amount of $250,000
at no cost to the employee.
d) Disability Insurance. The City shall provide long term disability (LTD) insurance, at no cost to the
City Clerk/City Attorney, with a benefit of two-thirds (2/3) of their respective monthly salaries, up to a
maximum benefit of $7500 (reduced by any deductible benefits).
e) Dental Insurance. The City shall make available to all employees an additional flex dollar
allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The
City shall pay dental premiums on behalf of the City Clerk/City Attorney and eligible dependents.
f) Vision Plan. The City will contract for and pay for a vision plan for “employee plus dependent” vision
benefits.
g) Gym Reimbursement. The City Clerk and City Attorney are eligible to receive up to $16.50 per
month reimbursement for paid gym memberships. Such reimbursement shall be reported as
taxable income to the employee.
3) RETIREMENT
a) Retirement Plan. The City shall provide the Marin County Employee Retirement Association 2.7%
@ 55 retirement program to the City Clerk and City Attorney, subject to Marin County Employee
Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on
an employee’s single highest year of compensation.
Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula
2% at 55, calculated based on the average of their three highest years of compensation, in
accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2%
COLA. Minimum retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as “new members” of
MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be
enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible
for paying the employee contribution of half of the total normal cost of the plan, as defined by
MCERA, through a payroll deduction. Final compensation will be based upon the highest annual
average compensation earnable during the thirty-six (36) consecutive months of employment
immediately preceding the effective date of his or her retirement or some other period designated
by the retiring employee.
b) Employer Paid Member Contribution (EPMC). The City Clerk and City Attorney are responsible
for the full cost of their own employee contribution rate as established by MCERA.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements,
the City Attorney and City Clerk will pay an additional contribution of one percent (1%) of
pensionable compensation toward the normal cost of pension provided by the Marin County
Employees Retirement Association, in addition to the current employee contribution towards
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pension as determined by MCERA. The only employees excluded from this payment are long-
term City employees with thirty or more years of City service who no longer have to pay any
employee contribution to the Marin County Retirement System.
c) COLA. Participating 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).
d) Management Allowance. As of September 16, 2015 the Management Allowance of 4.59% was
rolled into base pay for the City Clerk and City Attorney.
I, LINDSAY LARA, Interim 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 the 16th day
of January 2018 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
____________________________________
LINDSAY LARA, INTERIM CITY CLERK