HomeMy WebLinkAboutCC Resolution 13598 (Salary; Mid Management)RESOLUTION NO. 13598
RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED MID -MANAGEMENT EMPLOYEES ("MID -MANAGERS")
(July 1, 2013 through June 30, 2014)
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, 2013 through June 30, 2014.
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 survey data to all Mid -Managers. During the term of this Resolution,
Mid -Managers agree to work with the City to identify and implement a new benchmark strategy
such as an alignment of Mid -Manager salaries with the respective department director.
C. SALARY INCREASES
There will be no general salary increase (COLA) during the term of the 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 Emplovees. 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 as of January 1, 2013 is:
Employee only: $ 572.09
Employee and one dependent: $ 1144.19
Employee and two or more dependents: $ 1487.46
The monthly flex dollar allowance effective with the paycheck of December 15, 2013 is:
Employee only: $ 589.26
Employee and one dependent: $ 1178.52
Employee and two or more dependents: $ 1532.08
Flex dollar allowances shall increase on the December 15th paycheck of each subsequent
year by the healthcare component of the Consumer Price Index (CPI) as determined by
CalPERS on an annual basis. The increase to flex dollar allowances shall not exceed 3% for
any given year.
The City shall make available to employees an additional flex dollar allowance to fund a
basic "employee plus dependent" vision plan to be determined by the City.
The City shall contribute to the cost of medical coverage for each eligible employee and
his/her dependents, an amount not to exceed the California Public Employees' Medical and
Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis.
This portion of the monthly flex dollar allowance is identified as the City's contribution
towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA
minimum contribution) may be used in accordance with the terms of the cafeteria plan to
purchase other benefits or may be converted to taxable income. For example, in
calendar year 2010, a single employee's monthly flex dollar allowance for health is
$523.54, of that amount, $105.00 has been designated by CalPERS as the City's monthly
PEMHCA contribution. The balance of $418.54 may be used to purchase other coverage
as offered through the cafeteria plan or may be converted to taxable income.
If an employee has health insurance coverage through a spouse/dependent or a former
employer and provides proof of other coverage to the Human Resources Department, the
employee may elect to waive the City's health insurance coverage and elect to use flex
dollars in accordance with the terms of the cafeteria plan.
Miscellaneous Allowance for Employees hired on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous
allowance in an amount equivalent to the difference between the employee's benefit
election for coverage under PEMHCA and their flex dollar allowance, if their benefit
election under PEMHCA exceeds their flex dollar allowance. The miscellaneous
allowance shall be treated as income. An employee may use the miscellaneous
allowance to pay for health coverage on a pre-tax basis as defined under the City's
Cafeteria plan.
2. Health Insurance for Retirees
MID -MANAGERS HIRED PRIOR TO APRIL 1, 2007
a. For Mid -Managers who retired before December 1, 2001, the City's contribution to
retiree medical premiums shall be the PEMHCA minimum contribution as designated by
PEMHCA on an annual basis.
Longevity Payments: The City shall make a longevity payment to the City's 401(h)
account on a monthly basis. The City's monthly contribution towards the 401(h)
account shall be the difference between the PEMHCA minimum contribution and the
premium cost of coverage for the retiree, the retiree's spouse/registered domestic
partner and/or qualified dependent children (as defined by PEMHCA)up to $442 per
month. The City's contribution to the City's 401(h) account shall remain in effect during
the lifetime of the Mid -Manager and Mid -Manager's spouse/registered domestic partner
or surviving spouse/registered domestic partner.
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 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 Mid -Manager's life and that of the
retired Mid -Manager's spouse/registered domestic partner or surviving
spouse/registered domestic partner.
MID -MANAGERS HIRED ON OR AFTER APRIL 1, 2007
Mid -Managers who are hired on or after April 1, 2007, and who retire from the Marin
County Employees Retirement Association (MCERA) within 120 days of leaving their
City of San Rafael position (and comply with the appropriate retirement provisions
under the MCERA laws and regulations) are eligible to continue in the City's group
health insurance program. The City's contribution towards the coverage of retirees
under this subsection (3.A.2.b.) shall be the PEMHCA minimum contribution as
determined by CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment to the City's 401(h)
account on a monthly basis. The City's monthly contribution towards the 401(h)
account shall be the difference between the PEMHCA minimum contribution and the
premium cost of coverage, up to $600, for the retiree. The City shall not be
responsible for making any contributions towards the cost of coverage of the retiree's
spouse, registered domestic partner or dependents. The City's contribution to the City's
401(h) account shall cease upon the retired Mid -Manager's death.
The City shall not be responsible for reimbursing retired Mid -Managers and/or their
spouses for any Medicare premiums paid by the retired Mid -Manager and/or the retired
Mid -Manager's spouse or surviving spouse.
MID -MANAGER HIRED ON OR AFTER JANUARY 1, 2009
Mid -Managers who are hired on or after January 1, 2009, and who retire from the Marin
County Employees Retirement Association (MCERA) within 120 days of leaving their
City of San Rafael position (and comply with the appropriate retirement provisions
under the MCERS laws and regulations) are eligible to continue in the City's group
health insurance program. The City's contribution towards the coverage of retirees
under this subsection (3.A.2.c) shall be the PEMHCA minimum contribution as
determined by CalPERS on an annual basis.
The City shall not be responsible for reimbursing retired Mid -Managers and/or their
spouses for any Medicare premiums paid by the retired Mid -Manager and/or the retired
Mid -Manager's spouse or surviving spouse.
The City shall additionally make available a retiree health care trust to enable these
employees to prefund retiree health care premiums while employed by the City. The
retiree health care trust shall be funded by the mandatory annual conversion of 50
hours of sick time in service on July 1 of each year, provided an employee has a
remaining balance of 75 hours of sick leave after the conversion.
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. RETIREMENT
A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
Each Mid -Manager is responsible for paying the full cost of their employee contribution rate as
established by the Marin County Employee Retirement Association.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements,
all Mid -Management employees 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
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.
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. This is based on an
employee's single highest year of compensation.
Employees hired on or after July 1, 2013 will receive an MCERA retirement benefit at the formula
2% at 55, calculated based on the average of their highest three years of compensation, in
accordance with MCERA regulations. The annual pension adjustment shall be a maximum of
2% COLA. Minimum retirement age is 55.
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.
Effective September 1, 2013 the City will contribute with each paycheck 1 54% of base salary
towards the Management Allowance option.
Additionally, the City will make a one-time Management Allowance contribution of 0.51% of
annual base salary in January 2014.
To comply with IRS rules, employees who had previously elected to have the City's Management
Allowance contributions deposited in a PARS account will have their contributions increased by
the new City contribution percentage. Employees who elected the cash option will similarly
receive an equivalent amount in cash.
5. LEAVES OF ABSENCE
A. Slcx 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 employee is absent for the full work day.
Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by
the treating physician that this status is permanent and stationary.
B. VACATION LEAVE
1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is
credited on a bi-weekly basis. Eligible employees accrue vacation at the following rate
for continuous service performed in pay status:
Years of service
Leave Accrual rate/vearly
1-5 years
15 days
6 years
16 days
7 years
17 days
8 years
18 days
9 years
19 days
10 years
20 days
11 years
21 days
12 years
22 days
13 years
23 days
14 years
24 days
15 plus years
25 days
In recognition of Mid -Managers' exempt status under FLSA, time off for vacation leave
purposes shall not be deducted from a Mid -Manager's vacation accrual unless the
employee is absent for the full work day.
2. Administration of Vacation Leave
The City Manager may advance vacation leave to a Mid -Manager; prior approval is
required. Mid -Managers may accrue a maximum of 250 hours of vacation. Vacation leave
accrual shall resume once the employee's accumulated vacation leave balance falls below
the accrual limit of 250 hours. Mid -Managers who terminate their employment shall be paid
in a lump sum for all accrued vacation leave earned prior to the date of termination. Mid -
Managers may not utilize accrued vacation, administrative leave time, or personal leave
time to extend their retirement date and service credit at the end of their city service.
3. Annual Option for Pavment of Accrued Vacation Leave
A Mid -Manager who has taken at least ten (10) days of vacation in the preceding twelve
(12) months, may request that his/her accrued vacation, not to exceed fifty-two and 1/2
(52.5) hours, be paid to him/her in cash. The request may be granted at the discretion of the
City Manager. Mid -Managers may not cash -in more than fifty-two and 1/2 (52.5) hours
within any twelve (12) month period.
C. ADMINISTRATIVE LEAVE
Mid -Managers shall receive seven (7) Administrative Leave days each calendar year subject to the
approval of the department director and the City Manager. An additional three (3) days may be
granted at the discretion and with approval of the department director and the City Manager.
Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall
unused Administrative Leave balances be paid to a Mid -Manager upon his/her resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be
deducted from a Mid -Manager's administrative leave accrual, unless the employee is absent for the
full work day.
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. CATAsmop I% LEAVE
All Mid -Managers shall abide by the City's Catastrophic Leave Policy.
6, EMPLOYMENT TERMS
A. HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job
classes. 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. The 37.5 hour work week will begin July 1, 2013, at which
time employees shall return to the work schedule worked prior to implementation of the 36 -hour
work week, unless otherwise arranged with the Department Director.
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 C 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.
G. UNIFORM ALLOWANCE
If required to wear a uniform which is not provided by the City, employee shall receive an annual
uniform allowance of $445 per year, paid in two installments, in June and December.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the Council of said City held
on the 19`h day of August, 2013 by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, CITY CLERK
Exhibit B
Management Position Benchmark Job Classes for
Mid -Management Positions
Community Services Director
Library Director
Public Works Director
MID -MANAGEMENT SALARY RESOLUTION
EXHIBIT "C"
FURLOUGH PROGRAM
Both the City of San Rafael and the Mid -Management Group employees recognize the current
economic condition of the State of California and the City of San Rafael. Through this recognition
and in a cooperative spirit the City of San Rafael and these employees have worked expeditiously
on the development of a Furlough Program. This 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).
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Director and City Manager). The City will attempt
to schedule MTO time in blocks of days (between Christmas 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. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time
MTO time will impact Marin County retirement contributions; but if the Marin County
Retirement Association changes it policy on this the City will, effective the first of the
month following notice from the Marin County Retirement Association, make the
necessary change in the program's administration to correspond with the change in the
policy. Any employee who notifies the City no later than 07/30/11 of their retirement date
and retires from the Marin County Retirement System during FY 1112 shall be exempted
from the MTO requirements. If said employee did not retire during FY 11-12 as stated,
said employee would be docked in pay an amount equivalent to the number of MTO hours
taken by other represented employees.
3. MTO time shall apply toward time in service for step increases, completion of probation,
and related service credit.
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MID -MANAGEMENT SALARY RESOLUTION
EXHIBIT "C"
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. When the maximum MTO reduction (5%) is
implemented, the involved employee shall be credited with three (3) days of float time.
b. Float Time accrued through the MTO Program must be taken in the fiscal year
following the furlough, with supervisory approval, or the leave will be forfeited. The
float days have no cash value upon termination of employment. If an employee is laid
off before having the opportunity to take unused furlough induced float time, said
employee would be eligible to take the unused furlough induced float time during the
thirty -day layoff notice period.
c. Should the City of San Rafael experience a financial windfall during the fiscal year that
furloughs are implemented, the City agrees to re -open discussions on this Furlough
Program.
d. The City agrees that it will attempt to distribute the dollar value of any MTO time
implemented equally over the remaining number of pay periods in the fiscal year.
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