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Agenda Item No: 6
Meeting Date: April 6, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Management Services Department
Prepared by: Jim Schutz, �� City Manager Approval:.
Assistant City Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS
FOR UNREPRESENTED MID -MANAGEMENT EMPLOYEES ("MID -MANAGERS")
(July 1, 2009 through June 30, 2010)
RECOMMENDATION: Adopt Resolution.
BACKGROUND:
The Mid -Management group's current Resolution with the City runs from July 1, 2006 to
June 30, 2009. This Resolution was amended in October 2008 to reduce long term
healthcare costs by implementing a full flex cafeteria plan and reverting to the minimum
allowable health contribution for all Mid -Managers effective January 1, 2009. This will
have the effect of substantially reducing our long term health care liability for mid -
management employees.
As the Council has illustrated through the Recession Action Plan and the Economic
Vitality Plan, the severe recession is having a major impact on the City and has resulted
in a significant projected budget deficit for next fiscal year. The Mid -Management unit
has joined the Management group in coming forward and requesting that salary and
benefits be reduced to aid the City in weathering the recession.
The exempt Mid -Management group includes 25 mid -management classifications. The
City Manager has been holding regular employee meetings regarding the departmental
budgets and compensation costs and the mid -managers have also been meeting as a
unit.
ANALYSIS:
The following reflects highlights of the Resolution establishing the compensation and
working conditions for the City of San Rafael Unrepresented Mid -Management group:
Term of the Agreement: July 1, 2009 through June 30, 2010.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Salary Increaser Mid -Managers will receive a 0.0% salary increase for the term of
this agreement. Additionally, Mid -Managers will be subject to a mandatory 13 -day
furlough which will result in a 5% pay reduction for the fiscal year. Mid -Managers
further agree to delete the provision which allows them additional personal leave off in
exchange for the furlough days.
Revenue Sharing: Delete all language referring to Revenue Sharing. Revenue
sharing is a practice that when the City had sufficient revenue, a portion of that revenue
would be used to move employee salaries that were below the city's goals towards the
goal.
Goals and Compensation Definitions: Delete the former compensation goal of
maintaining salaries at "the average plus one dollar" of the survey cities and the "highest
paid compensation" of the same or similar classifications in Marin County. Replace with
the goal to remain competitive with similar classifications on our labor market.
Compensation Surveys: Delete language referring to annual salary surveys of
"benchmark" positions each September. During the term of this Resolution, Mid -
Managers will be working with the City to identify and implement a new benchmark
strategy for survey purposes. The former strategy is a remnant from when the
Management and the Mid -Management units were covered in the same Resolution.
Health Insurance: Clean up language was added to the former healthcare reductions
which will allow a CPI increase to cafeteria plan flex dollar amounts not to exceed 3% a
year. Also, the City will make available a vision plan.
Retirement Plan: Mid -Managers agree to work with the City to identify and implement
retirement cost savings strategies. Also, miscellaneous (non -safety) Managers hired
after a future date, which will be identified specifically in a future amendment or
replacement to the Resolution, may be subject to a lesser retirement benefit tier,
modifications to tier characteristics, or other cost saving strategies.
Service Credit for Sick Leave: The ability to receive employment service credit for
retirement purposes for unused, accrued sick leave will no longer be available to new
Mid -Managers hired after June 30, 2009. This change will result in long term pension
cost savings to the City.
As evidenced by the above, the Mid -Management unit is demonstrating exemplary
leadership during an economic crisis. These reductions to salary and benefits will result
in both short term (such as through the furlough) and long term (such as through
pension reductions) City savings.
Separate actions on tonight's Council agenda will have the effect of also reducing
salaries by five (5%) percent for the Mayor and City Council, elected City Clerk and City
Attorney, and the Management unit — among other changes to those Resolutions.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT:
The fiscal impact of the one year Resolution will result in short and long term savings to
the City. There is no salary increase included in this Resolution. The 5% pay reduction
provision alone will save the City over $180,000. Pension savings will occur through
eliminating the service credit for sick leave and when a new, second tier is put in place.
The total cost of the vision plan for all mid -managers for the year is approximately
$6,600.
OPTIONS:
1. Adopt Resolution
2. Deny or modify the Resolution based on a revision of the total compensation
authority.
ACTION REQUIRED: Adopt resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING
RESOLUTION No. 12614 AND ADOPTING A NEW RESOLUTION ESTABLISHING
THE COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED MID -MANAGEMENT EMPLOYEES
("MID -MANAGERS")
(effective July 1, 2009 through June 30, 2010)
1. MID -MANAGEMENT EMPLOYEES
The Mid -Management Employees of the City of San Rafael are the Mid -Management
Job Class Titles ("Mid -Managers", herein) enumerated in Exhibit "A", attached hereto
and incorporated herein. This Resolution shall constitute the compensation and
conditions of employment for the Mid -Managers for the period from July 1, 2009
through June 30, 2010.
2. SALARY AND COMPENSATION GOALS
A. GOALS AND COMPENSATION DEFINITIONS
It is the goal of the City Council to try to achieve a total compensation package for all Mid -
Managers that is competitive compared to similar cities in our labor market. The survey
cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato
and Santa Rosa. The Council's goal is to attract and retain the most qualified Mid -
Managers in accordance with the City's ability to pay.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, holiday pay, uniform allowance,
employer paid deferred compensation (except for such portion that may be part of
employee cafeteria plan), employer's contribution towards employees' share of
retirement, employer's retirement contribution, employer paid contributions toward
insurance premiums for health, life, long term disability, dental and vision plans,
management allowance, and employer paid cafeteria/flexible spending accounts.
B. COMPENSATION SURVEYS
In order to measure progress towards the above -stated goal, the City shall survey the
identified Management benchmark positions (Exhibit "B") to assess the related Mid -
Management positions in the final year of the Resolution in advance of discussions
regarding a successor Resolution.
Identified benchmark positions from other agencies include positions that are filled as
well as those that may be unfilled, so long as the benchmark position is identified by the
survey agency as being on the salary schedule and having a job class description.
Other city/agency positions are established as benchmark positions in San Rafael's
compensation survey based upon similar work and similar job requirements.
The City shall review the benchmark and related survey data for accuracy and
completeness. The City shall provide the surrey data to all Mid -Managers. During the
term of this Resolution, Mid -Managers agree to work with the City to identify and
implement a new benchmark strategy such as an alignment of Mid -Manager salaries
with the respective department director.
C. SALARY INCREASES
1. July 1, 2009 Salary Increase. Effective July 1, 2009 the City shall provide a 0.0%
salary increase (Exhibit "C") to the pay range for all Mid -Management
classifications covered by this Resolution.
3. INSURANCE
Health & Dental Insurance benefits are prorated for part-time employees in accordance
with the percentage of full-time work schedule. Domestic partners who are registered
with the Secretary of State and same-sex spouses are considered dependents under
these benefits. Pertinent taxes will be applied to coverage provided to registered
domestic partners and same sex spouses as required by federal and state laws.
A. HEALTH INSURANCE
1. Health Insurance for Active Employees. Effective January 1, 2009, the City
implemented a full flex cafeteria plan for active employees, in accordance with IRS
Code Section 125. Active employees participating in the City's full flex cafeteria plan
shall receive a monthly flex dollar allowance to purchase benefits under the full flex
cafeteria plan. The monthly flex dollar allowance effective January 1, 2009 is:
For employee only: $ 508.30
For employee and one dependent: $ 1016.60
For employee and two or more dependents: $ 1321.58
Flex dollar allowances shall increase on January 1, 2010 and subsequent years by
the healthcare component of the Consumer Price Index (CPI) as determined by
CalPERS on an annual basis. The increase to flex dollar allowances shall not
exceed 3% for any given year.
The City shall make available to employees an additional flex dollar allowance to
fund a basic "employee plus dependent" vision plan to be determined by the City.
The City shall contribute to the cost of medical coverage for each eligible
employee and his/her dependents, an amount not to exceed the California Public
Employees' Medical and Hospital Care Act (PEMHCA) contribution, as determined
by CalPERS on an annual basis. This portion of the monthly flex dollar allowance
is identified as the City's contribution towards PEMHCA. The balance of the
monthly flex dollar allowance (after the PEMHCA minimum contribution) may be
used in accordance with the terms of the cafeteria plan to purchase other
2
benefits or may be converted to taxable income. For example, in calendar year
2009, a single employee's monthly flex dollar allowance for health is $508.30, of
that amount, $101.00 has been designated by CalPERS as the City's monthly
PEMHCA contribution. The balance of $407.30 may be used to purchase other
coverage as offered through the cafeteria plan or may be converted to taxable
income.
If an employee has health insurance coverage through a spouse/dependent or a
former employer and provides proof of other coverage to the Human Resources
Department, the employee may elect to waive the City's health insurance
coverage and elect to use flex dollars in accordance with the terms of the
cafeteria plan.
Miscellaneous Allowance for Employees hired on or before January 1,
2009:
The City shall pay to employees hired on or before January 1, 2009 a
miscellaneous allowance in an amount equivalent to the difference between the
employee's benefit election for coverage under PEMHCA and their flex dollar
allowance, if their benefit election under PEMHCA exceeds their flex dollar
allowance. The miscellaneous allowance shall be treated as income. An
employee may use the miscellaneous allowance to pay for health coverage on a
pre-tax basis as defined under the City's Cafeteria plan.
2. Health Insurance for Retirees
a. Mid -Managers Hired prior to April 1, 2007
1. For Mid -Managers who retired before December 1, 2001, the City's
contribution to retiree medical premiums shall be the PEMHCA minimum
contribution as designated by PEMHCA on an annual basis.
Longevity Payments: The City shall make a longevity payment to the
City's 401(h) account on a monthly basis. The City's monthly contribution
towards the 401(h) account shall be the difference between the PEMHCA
minimum contribution and the premium cost of coverage for the retiree,
the retiree's spouse/registered domestic partner and/or qualified
dependent children (as defined by PEMHCA)up to $442 per month. The
City's contribution to the City's 401(h) account shall remain in effect during
the lifetime of the Mid -Manager and Mid -Manager's spouse/registered
domestic partner or surviving spouse/registered domestic partner.
2. Mid -Managers who retired on or after December 1, 2001 from the
Marin County Employees Retirement Association (MCERA) within 120
days of leaving their City of San Rafael Mid -Management position (and
who comply with the appropriate retirement provisions under the MCERA
laws and regulations) are eligible to receive upon retirement the PEMHCA
minimum contribution as designated by PEMHCA on an annual basis.
Longevity Payments: The City shall make a longevity payment to the
City's 401(h) account on a monthly basis. The City's monthly contribution
towards the 401(h) account shall be the difference between the PEMHCA
minimum contribution and the premium cost of coverage for the retiree,
the retiree's spouse/registered domestic partner and/or qualified
dependent children (as defined by PEMHCA) capped at the contribution
the City makes towards the health coverage of active Mid -Manager
employees. The City's contribution to the City's 401(h) account shall
remain in effect during the lifetime of the Mid -Manager and Mid -Manager's
spouse/registered domestic partner or surviving spouse/registered domestic
partner.
As described in this subsection, the City shall reimburse retired Mid -
Managers and their spouses or registered domestic partners the Medicare
Part B standard premium amount, (i.e. $96.40 for 2009), as determined by
the Centers of Medicare and Medicaid Services (CMS) on an annual
basis. The City shall reimburse the cost of Medicare Part B standard
premiums once the City receives proof of payment of the Medicare Part B
premiums by the retired Mid -Manager and/or the retired Mid -Manager's
spouse/registered domestic partner or surviving spouse/registered
domestic partner. This reimbursement shall remain in effect for the retired
Mid -Manager's life and that of the retired Mid -Manager's
spouse/registered domestic partner or surviving spouse/registered
domestic partner.
b. Mid -Managers hired on or after April 1, 2007
Mid -Managers who are hired on or after April 1, 2007, and who retire from
the Marin County Employees Retirement Association (MCERA) within 120
days of leaving their City of San Rafael position (and comply with the
appropriate retirement provisions under the MCERA laws and regulations)
are eligible to continue in the City's group health insurance program. The
City's contribution towards the coverage of retirees under this subsection
(3.A.2.b.) shall be the PEMHCA minimum contribution as determined by
CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment to the
City's 401(h) account on a monthly basis. The City's monthly contribution
towards the 401(h) account shall be the difference between the PEMHCA
minimum contribution and the premium cost of coverage, up to $600, for
the retiree. The City shall not be responsible for making any contributions
towards the cost of coverage of the retiree's spouse, registered domestic
partner or dependents. The City's contribution to the City's 401(h) account
shall cease upon the retired Mid -Manager's death.
The City shall not be responsible for reimbursing retired Mid -Managers
and/or their spouses for any Medicare premiums paid by the retired Mid -
Manager and/or the retired Mid -Manager's spouse or surviving spouse.
c. Mid -Manager hired on or after January 1,2009
Mid -Managers who are hired on or after January 1, 2009, and who retire
from the Marin County Employees Retirement Association (MCERA) within
120 days of leaving their City of San Rafael position (and comply with the
appropriate retirement provisions under the MCERS laws and regulations)
are eligible to continue in the City's group health insurance program. The
City's contribution towards the coverage of retirees under this subsection
(3.A.2.c) shall be the PEMHCA minimum contribution as determined by
CalPERS on an annual basis.
The City shall not be responsible for reimbursing retired Mid -Managers
and/or their spouses for any Medicare premiums paid by the retired Mid -
Manager and/or the retired Mid -Manager's spouse or surviving spouse.
B. LIFE INSURANCE
The City shall provide a basic group life insurance plan equal to his/her annual salary at
no cost to the employee.
C. LONG-TERM DISABILITY INSURANCE
The City shall provide long term disability (LTD) insurance, at no cost to the employee,
with a benefit of two-thirds (2/3) of the employee's monthly salary, up to a maximum
benefit of $7500 (reduced by any deductible benefits).
D. DENTAL INSURANCE
The City shall make available to employees, an additional flex dollar allowance equal to
$113 per month to purchase dental coverage under the City's dental plan. The City shall
pay dental premiums on behalf of the employee and eligible dependents.
E. EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling
on work and family related issues such as eldercare, substance abuse, etc. Supervisors may
also utilize the EAP to refer employees to counselors for work related assistance.
4.
A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
Each Mid -Manager is responsible for paying the full cost of their employee contribution
rate as established by the Marin County Employee Retirement Association.
B. COLA
Mid -Managers participating in the Marin County Employee Retirement Association will
pay their full share of members' cost of living rates as allowed under Articles 6 and 6.8
of the 1937 Retirement Act. Miscellaneous and safety member contribution rates
include both the basic and COLA portions (currently 50% of the COLA is charged to
members as defined in the 1937 Act).
C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55
retirement program to all miscellaneous Mid -Manager subject to Marin County
Employee Retirement Association procedures and regulations and applicable 1937 Act
laws.
Mid -Managers agree to work with the City to identify and implement retirement cost
savings strategies. The City will investigate a retirement administrator change to
CaIPERS and will share the forthcoming financial comparison study with Mid -Managers
when complete.
Miscellaneous Mid -Managers hired after a future date, which will be identified
specifically in a future amendment or replacement to this Resolution, may be subject to
a lesser retirement benefit tier, modifications to tier characteristics, or other cost savings
strategies.
D. SERVICE CREDIT FOR SICK LEAVE
Mid -Managers who are eligible to accrue sick leave and who retire from the City of San
Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes
deferred retirements), shall receive employment service credit (incorporated from
Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of
accrued, unused sick leave (exclusive of any sick leave hours they are eligible to
receive and they elect to receive in compensation for at the time of retirement, pursuant
to Section 5 A. of this Resolution). This provision will no longer be available to Mid -
Managers hired after June 30, 2009.
E. MANAGEMENT ALLOWANCE
Pursuant to Resolution No. 10657, the City established a Defined Contribution Retirement
Plan for Mid -Managers. All rules related to this plan shall be governed by the Plan
document as amended. Current contribution is three percent (3%) of base salary.
Eligible employees shall have a one-time option of electing an employer contribution
(pre-tax) to their PARS account or an after tax payment in the form of a management
allowance. The City shall make Plan changes, as required from time to time, in order to
have the Defined Contribution Retirement Plan remain in compliance with then existing
IRS regulations.
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5. LEAVES OF ABSENCE
A. SICK LEAVE
Mid -Managers shall earn sick leave credits at the rate of one (1) working day per month
commencing with the date of employment. Accrued sick leave may be used during their
probationary period.
Mid -Managers who leave City service in good standing shall receive compensation (cash
in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for
each year of service up to a maximum of fifty percent (50%) of their sick leave balance.
In the event of the death of an employee, payment for unused sick leave (based upon
the previously stated formula) shall be paid to the employee's designated beneficiary.
Mid -Managers may accrue unlimited sick leave for usage purposes. However, a
maximum of one thousand, two hundred hours (1,200) accrual applies for cash -in
purposes at the time of City separation.
Mid -Managers may use sick leave prior to completion of probation. In recognition of Mid -
Managers' exempt status under FLSA, time off for sick leave purposes shall not be
deducted from a Mid -Manager's sick leave accrual, unless the time is 7.5 or more
consecutive work hours.
Use of sick leave for work-related injuries or illnesses shall not be required when it is
determined by the treating physician that this status is permanent and stationary.
B. VACATION LEAVE
1. Vacation Accrual - Vacation is accrued when an employee is on pay status
and is credited on a bi-weekly basis. Eligible employees accrue vacation at the
following rate for continuous service performed in pay status:
Years of service
1-5 years
6 years
7 years
8 years
9 years
10 years
11 years
12 years
13 years
14 years
15 plus years
Leave Accrual rate/yearly
15 days
16 days
17 days
18 days
19 days
20 days
21 days
22 days
23 days
24 days
25 days
In recognition of Mid -Managers' exempt status under FLSA, time off for vacation
leave purposes shall not be deducted from a Mid -Manager's vacation accrual
unless the time is 7.5 or more consecutive work hours.
2. Administration of Vacation Leave
The City Manager may advance vacation leave to a Mid -Manager; prior approval is
required. Mid -Managers may accrue a maximum of 250 hours of vacation.
Vacation leave accrual shall resume once the employee's accumulated vacation
leave balance falls below the accrual limit of 250 hours. Mid -Managers who
terminate their employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the date of termination. Mid -Managers may not utilize
accrued vacation, administrative leave time, or personal leave time to extend their
retirement date and service credit at the end of their city service.
3. Annual Option for Payment of Accrued Vacation Leave
A Mid -Manager who has taken at least ten (10) days of vacation in the preceding
twelve (12) months, may request that his/her accrued vacation, not to exceed fifty-
two and 1/2 (52.5) hours, be paid to him/her in cash. The request may be granted
at the discretion of the City Manager. Mid -Managers may not cash -in more than
fifty-two and 1/2 (52.5) hours within any twelve (12) month period.
C. ADMINISTRATIVE LEAVE
Mid -Managers shall receive seven (7) Administrative Leave days each calendar year
subject to the approval of the department director and the City Manager. An additional
three (3) days may be granted at the discretion and with approval of the department
director and the City Manager. Unused Administrative Leave shall not carry over from
one calendar year to the next, nor shall unused Administrative Leave balances be paid to
a Mid -Manager upon his/her resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes
shall not be deducted from a Mid -Manager's administrative leave accrual, unless the time
is 7.5 or more consecutive work hours.
D. HOLIDAYS
City shall provide eleven designated holidays and two floating holidays per calendar year to
Mid -Managers. The hours for the floating holidays are automatically added to an employees'
vacation accrual on a semi-annual basis.
E. BEREAVEMENT LEAVE
In the event of the death of a Mid -Manager's spouse, child, parent, brother, sister, in-law(s),
relative who lives or has lived in the home of the employee, and/or another individual who has a
legal familial relationship to the employee and resided in the employee's household, the City
shall provide bereavement leave up to a maximum of three (3) days within the state and five (5)
days out-of-state.
F. CATASTROPHIC LEAVE
All Mid -Managers shall abide by the City's Catastrophic Leave Policy.
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6. EMPLOYMENT TERMS
A. WORK DAY
Unless otherwise designated, the normal business hours for vacation, sick and
administrative leave deduction and sick and administrative leave accrual purposes for
Mid -Managers shall be 7.5 hours per day.
B. DRUG FREE WORK PLACE
All Mid -Managers shall abide by the City's Drug and Alcohol Policy.
C. FURLOUGH PLAN
Mid -Managers endorse the Furlough Program described in Exhibit "D" attached to this
Resolution.
D. PAY FOR PERFORMANCE EVALUATION SYSTEM
Mid -Managers shall be evaluated annually based upon the evaluation program adopted
by the City Council in October of 1996 and incorporated by reference herein.
E. OUTSIDE EMPLOYMENT
All Mid -Managers shall abide by the City's Outside Employment Policy.
F. CITY VEHICLE
Under limited circumstances, a city vehicle may be provided to a Mid -Manager if it is
determined to be needed to complete his/her job duties and upon approval of the City
Manager.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City the 6th day of April, 2009 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, CITY CLERK
Exhibit A
Mid -Management Job Class Group
Accounting Supervisor
Assistant Director of Community Services
Assistant Public Works Director"
Assistant to the City Manager
Chief Building Official / Fire Marshal
City Traffic Engineer
Code Enforcement Manager
Cultural Affairs Supervisor
Deputy City Attorney 1/11
Economic Development Coordinator
Emergency Services Manager
Employee Benefits Analyst
Events Coordinator
Information Technology Manager
Operations and Maintenance Manager
Parking Services Manager
Parks Superintendent
Planning Manager
Principal Planner
Public Works Administrative Manager
Recreation Supervisor
Senior Civil Engineer (SRSD)
Senior Recreation Supervisor
Sewer Maintenance Superintendent
Street Maintenance Superintendent
"New position
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU'SNOU's 2009\Mid-Management 09-10\Exh A_ MM job class
group.As 4/1/2009_10:48 AM
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Management Position Benchmark Job Classes for
Mid -Management Positions
Community Services Director
Library Director
Public Works Director
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MID -MANAGEMENT SALARY RESOLUTION
EXHIBIT "D"
FURLOUGH PROGRAM
The City of San Rafael and the Mid -Management Group employees recognize the current economic
condition of the State of California and the City of San Rafael. Through this recognition and in a
cooperative spirit the City of San Rafael and these employees have worked expeditiously on the
development of a Furlough Program. This Agreement does not mean the City will necessarily
implement furloughs; but in the event it is necessary to implement due to continued economic
problems in the City of San Rafael the procedures for this Furlough Program shall provide for both
Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).
Voluntary Time Off (VTO).
The needs of the City and the respective departments (as determined by the Department Director and
City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and
the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee
needed to take during the fiscal year.
2. Employees who take VTO at a time other than when MTO is taken by other employees will
have to take vacation leave, compensatory time off or leave without pay if the MTO results in
the closure of the department.
Mandatory Time Off (MTO).
The City will attempt to schedule MTO time in blocks of days (between Xmas and New Years) or
individual days next to scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. For retirement calculation purposes of the MTO, the City shall follow the policies and
procedures of the Marin County Employees' Retirement Association (MCERA) at the time of
the furlough.
3. Any employee who notifies the City no later than 07/30/09 of their retirement date and retires
from the City during FY 09-10 shall be exempted from the MTO requirements. If said
employee did not retire during FY 09-10 as stated, said employee would be docked in pay an
amount equivalent to the number of MTO hours taken by other represented employees.
4. MTO time shall apply toward time in service for step increases, completion of probation, and
related service credit subject to the policies and procedures of the Marin County Employees'
Retirement Association (MCERA).
Other Terms and Conditions.
1. The MTO salary reduction shall be limited to a maximum five percent (5%).
2. Should the City experience a financial windfall during the fiscal year that furloughs are
implemented, the City agrees to re -open discussions on this Furlough Program.
3. The VTO/MTO salary reduction is intended to be permanent for the term of this contract.
