HomeMy WebLinkAboutCM Employment Agreement; City Manager 2017CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of San Rafael and
James M. Schutz
March 16, 2015 (Effective August 1, 2015)
(Revised as of December 18, 2017)
TABLE OF CONTENTS
1) PARTIES, DATES AND OTHER
RECiTALS ......................................................................................................................... 3
2) EMPLOYMENT .................................................................................................................. 3
3) TERM .................................................................................................................................. 3
4) COMMITMENTS AND UNDERSTANDINGS ...................................................................... 3
A) CITY MANAGER'S COMMITMENTS ........................................................................... 3
(1) Duties & Authority ................................................................................................. 3
(2) Hours of Work ........................................................................................................ 4
(3) Disability or Inability to Perform ........................................................................... 5
B) CITY COMMITMENTS .................................................................................................. 5
C) MUTUAL COMMITMENTS ........................................................................................... 6
(1) Performance Evaluation ....................................................................................... 6
5) COMPENSATION .............................................................................................................. 7
A) COMPENSATION REQUIRED EMPLOYER COSTS .................................................. 7
(1) Base Salary ............................................................................................................ 7
(2) Required Employer Costs .................................................................................... 7
B) BENEFITS .................................................................................................... 7
(1) Holidays .................................................................................................................. 7
(2) Leave Allowance ................................................................................................ 7
(3) Automobile ........................................................................................................... 8
(4) Benefits that Accrue to Other Employees .......................................................... 8
6) SECURITY ....................................................................................................................... 8
A) PENSIONS -(MCERA) ............................................................................................... 8
B) Deferred Compensation ........................................................................................... 8
C) INSURANCE ............................................................................................................... 9
(1) Disability Insurance ............................................................................................ 9
(2) Life Insurance ...................................................................................................... 9
7) SEPARATION ................................................................................................................... 9
A) RESIGNATION RETIREMENT ................................................................................... 9
B) TERMINATION& REMOVAL ...................................................................................... 9
C) SEVERANCE PAy ....................................................................................................... 9
D) INVOLUNTARY RESiGNATION .................................................................................. 10
E) SEPARATION FOR CAUSE ....................................................................................... 10
F) PAYMENT OF UNSUED LEAVE BALANCE .............................................................. 10
8) MISCELLANEOUS PROViSiONS .................................................................................... 10
A) AMENDMENTS .......................................................................................................... 10
B) CONFLICT OF INTEREST ........................................................................................... 10
C) INDEMNIFiCATION ..................................................................................................... 11
D) SEVERABILITY ........................................................................................................... 12
E) LAWS AFFECTING TITLE ......................................................................................... 12
F) JURISDICTION AND VENUE ..................................................................................... 12
G) ENTIRE AGREEMENT ......................................................................... : ...................... 12
H) NOTiCE ....................................................................................................................... 12
EXECUTION ..................................................................................................................... 13
2
CITY MANAGER EMPLOYMENT AGREEMENT
Between the
City of San Rafael
and
James M. Schutz
1) PARTIES. DATE. AND OTHER RECITALS -This Agreement is entered into as of
March 16, 2015, and will take effect beginning August 1,2015, by and between the
City of San Rafael a municipal corporation ("the City"), and James M. Schutz ("Schutz"
or "City Manager"). The City and the City Manager are sometimes individually referred
to as a "Party" and collectively as "Parties."
A) The City requires the services of a City Manager.
B) The City Manager has the necessary education, experience, skills, and expertise to
serve as the City's City Manager.
C) The City Council of the City desires to employ the City Manager to serve as the
City Manager of City.
D) The Parties desire to execute this Agreement pursuant to the authority of and
subject to the provisions of Government Code Section 53260 et seq.
E) In consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions herein contained, the Parties agree to the
terms set forth in this Agreement.
2) EMPLOYMENT -The City hereby employs Schutz as its City Manager, and Schutz
hereby accepts such employment on the terms and conditions that are recited herein.
3) TERM
The Term of the agreement shall be for a period of three years commencing on
August 1, 2017 and continuing July 31, 2020 This agreement shall be effective for
a rolling three (3) year term, automatically extending for one (1) additional year
effective July 31 of each year, unless either party provides notice to the other of its
intent to terminate this agreement on or before May 31 of any year. If such notice is
provided, the term of this Agreement shall expire at the end of the then-current
three (3) year term without any additional extensions and without the need for any
additional notice, unless it is subsequently terminated at an earlier date in
accordance with Section 7 of this Agreement.
4) COMMITMENTS AND UNDERSTANDINGS
A) City Manager's Commitments
(1) Duties & Authority
(a) The City Manager shall be the chief executive officer of the City and be
responsible to the City Council for the proper administration of all affairs of
the City. .
(b) The City Manager shall perform all of the duties of the City Manager as set
forth in Section 2.08 of the San Rafael Municipal Code, applicable
provisions of the California Government Code, and City policies and
3
procedures approved by the City Council, as may be provided from time to
time. The City Council has designated and may also designate the City
Manager as the chief executive of other City-related legal entities. Such
other legal entities include financing authorities and joint powers
authorities.
(c) The City Manager shall administer and enforce policies established by the
City Council and promulgate rules and regulations as necessary to
implement such policies. To accomplish this, the City Manager shall be
required to:
(i) Attend all meetings of the City Council, unless excused by the Mayor.
(ii) Review all agenda documents before preparing the agenda for all
regular or special meetings of the City Council.
(iii) Direct the work of all appointive City officers and departments.
(iv) Endeavor to implement changes that the City Manager believes will
result in greater efficiency, economy, or improved public service in the
administration of City affairs.
(v) From time to time, recommend to the City Council adoption of such
measures as the City Manager may deem necessary or expedient for
the health, safety, or welfare of the community, or for the improvement
of administrative services. The City Manager shall conduct research in
administrative practices in order to bring about greater efficiency and
economy in City government, and develop and recommend to the City
Council long-range plans to improve City operations and prepare for
future City growth and development.
(vi) From time to time, and based on the City Manager's best judgment,
propose to the City Council the consolidation or combination of
offices, positions, departments, or units under the City Manager's
jurisdiction. The City Manager may be the head of one or more City
departments.
(vii) Provide management training and develop leadership qualities
among department heads and staff as necessary to build a City
management team that can plan for and meet future challenges.
(viii) Exercise control pf City government in emergencies as authorized by
the Municipal code and California law.
(2) Hours of Work
(a) The City Manager is an exempt employee. The City Manager is expected to
engage in those hours of work that are necessary to fulfill the obligations of the
position. The position does not have set hours of work and the City Manager is
expected to be available, as necessary, at all times .
(b) It is recognized that the City Manager must devote substantial time to the
business of the City, outside of the City's customary business hours, and to
that end the City Manager's schedule of work each day and week shall vary
in accordance with the work required to be performed. The City Manager
4
shall spend sufficient hours on site to perform his duties; however, the City
Manager has discretion over the City Manager's work schedule and work
location.
(c) The City Manager shall not spend more than 12 hours per month in
teaching, consulting, speaking, or other non-City connected business for
which compensation is paid without the express prior written consent of the
City Council.
(3) Disability or Inability to Perform
(a) In the event the City Manager becomes mentally or physically incapable of
performing the City Manager's functions and duties taking into account
reasonable accommodation, and it reasonably appears such incapacity will
last for more than six months, the City Council may terminate the City
Manager. If the City Council does elect to terminate the City Manager due
to incapacity, the City Manager shall receive all severance benefits
provided in Section 7.C below.
S) City Commitments
(1) The City shall provide the City Manager with the compensation, incentIves, and
benefits specified in this Agreement, as from time to time may be amended
with written consent of both parties.
(2) The City shall provide the City Manager with a private office, administrative
support, staff, office equipment, supplies, automobile allowance, and all other
facilities and services reasonably necessary for the performance of his duties .
(3) The City shall pay for (or provide the City Manager reimbursement for) all actual
business expenses. The City shall provide the City Manager a City credit card
to charge appropriate and lawful City business expenses.
(4) The City agrees to pay the professional dues, subscriptions, travel, and
subsistence expenses on behalf of the City Manager which are necessary for
the City Manager's continuation and full participation in national, regional, state,
or local associations and organizations necessary and desirable for the City
Manager's continued professional growth and advancement. Said
reimbursement includes governmental groups and committees upon which the
City Manager serves or may serve as a member. Said expenses may also be
reimbursed or paid for on behalf of the City Manager for short courses,
institutes and seminars that are necessary for the professional development of
the City Manager
(5) Given the importance of technological tools to the effective and efficient conduct
of the City's business, the City shall provide computer, laptop computer, printer,
high-speed internet access, cellular phone, IPad or subsequent type devices ,
electronic calendar, fax, copy machine and similar devices to the City Manager
at the City's expense, both at the City Manager's office and at the City
Manager's residence as needed to carry out the duties of the position . All such
equipment shall remain the property of the City.
(6) The City Council sets policy for the governance and administration of the City,
and it implements its policies through the City Manager.
5
(7) The City Council recognizes that to meet the challenges facing the City it must
exercise decisive policy leadership. As one step in carrying out this leadership
responsibility, the City Council commits to spending time each year outside of
regular City Council meetings to work with the City Manager and staff on
setting goals and priorities for the City government, and to work on issues that
may be inhibiting the maximal achievement of City goals.
(8) Except for the purpose of inquiry, the City Council and its members shall deal
with all subordinate City employees, officers, contractors, and consultants
solely through the City Manager or the City Manager's designee, and neither
the City Council nor any member thereof shall give orders to any subordinate of
the City Manager, either publicly or privately.
(9) The City Council agrees none of its individual members will order the
appointment or removal of any person to any office or employment under the
supervision and control of the City Manager.
(10) The City Council agrees that any criticism of a City staff member shall be done
privately through the City Manager.
(11) Neither the City Council nor any of its members shall interfere with the execution
of the powers and duties of the City Manager. The City Manager shall take orders
and instructions from the City Council only when it is sitting as a body in a lawfully
held meeting.
C) Mutual Commitments
(1) Performance Evaluation
(a) Annual performance evaluations are an important way for the City Council
and City Manager to ensure effective communications about expectations
and performance.
(b) The City Council recognizes that for the City Manager to respond to its
needs and to grow in the performance of the City Manager's job, the City
Manager needs to be advised how the City Council members evaluate the
City Manager's performance.
(c) To assure that the City Manager receives this information, the City Council
shall conduct an evaluation of the City Manager's performance at least
once each year and during the first year the City Council shall evaluate
Schutz after six months. The City Council and the City Manager agree that
performance evaluations, for the purpose of mid-course corrections, may
occur quarterly or several times during each calendar year. In addition, the
City Council may choose to establish a sub-committee to meet with the City
Manager periodically over the course of each year to measure progress on
stated goals and priorities. The annual evaluation shall occur between
June and July of each year.
(d) The annual review and evaluation shall be in accordance, with specific
criteria developed jointly by the City Council and the City Manager. Such
criteria may be added to or deleted as the City Council may from time to
time determine in consultation with the City Manager.
6
(i) The City Council and the City Manager shall define such goals and
performance objectives as they mutually determine are necessary for
the proper operation of the City for the attainment of the City Council's
policy objectives, and the City Council and the City Manager shall
further establish a relative priority among those goals and
performance objectives.
5) COMPENSATION -The City agrees to provide the following compensation to the City
Manager during the term of the agreement:
A) Compensation & Required Employer Costs
(1) Base Salary
(a) The annual salary for the position of City Manager shall remain unchanged
from the predecessor's annual salary at the time of her separation.
(b) The City Council shall review the manager's salary and benefits annually
and may consider performance bonuses or salary adjustments at the sole
discretion of the City Council. Based upon the Manager's performance and
availability of funds, it is the intent of the City Council to compensate the
Manager in a manner consistent with the nature and scope of the assigned
duties and responsibilities and in light thereof to endeavor to make the
Manager the highest paid City Manager in the County of Marin.
(2) Required Employer Costs
(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 City Manager.
(e) The cost to defend and indemnify the City Manager as provided in Section
B.C below.
(f) Workers Compensation.
B) Benefits
(1) Holidays -The City Manager is entitled to paid holidays in accordance with the
provisions of the salary and benefit plan for the Unrepresented Executive
Management Group.
(2) Leave Allowance
(a) The City Manager shall receive the same vacation accrual and benefits as
provided to the Unrepresented Executive Management class of City
employees.
(b) The City Manager shall receive the same sick leave accrual and benefits as
provided to the Unrepresented Executive Management class of City
employees. Sick Leave accrual is based upon tenured employment with
the City.
7
(c) City Manager shall be entitled to administrative leave per year in accordance
with the provisions of the Salary and Benefit Plan for the Unrepresented
Executive Management Group.
(d) All vacation, administrative and sick leave hours already accumulated by the
City Manager during the time of his previous positions of employment with
the City of San Rafael are carried forward and made applicable in the new
position as City Manager.
(3) Automobile -The City Manager shall be provided a monthly automobile
allowance of $400.00 in exchange for making his vehicle available for the City
Manager's own use and for City-related business and/or functions during,
before, and after normal work hours. Said allowance is intended to defray costs
that the City Manager incurs in utilizing his personal vehicle for City business.
The automobile allowance shall appear on the City Manager's payroll stub as
ordinary income and part of his salary, but shall not be considered part of the
City Manager's base salary for purposes of this Agreement.
(4) Benefits that Accrue to Other Employees -The City Manager shall be entitled to
all benefits, rights, and privileges accorded to non-public safety City
Department Directors, including, but not limited to, group health and dental
insurance, except as otherwise provided in this Agreement. If there is any
conflict between this Agreement and any resolution fixing compensation and
benefits for non-public safety City Department Directors or other unclassified
employees, this Agreement shall control. As is past practice, this paragraph is
intended to include salary and salary-related compensation. City Manager
shall receive at least the same salary and salary-related adjustments as
provided to the Unrepresented Executive Management class of City
employees.
6) SECURITY
A) Pensions -Marin County Employee Retirement Association (MCERA)
(1) City will pay only the City's Share for participation in the Marin County
Employee Retirement Association. The City Manager shall pay the employee
share.
(2) Unless required by changes in State or Federal law, should City Manager retire
from City, his future MCERA pension and retiree health insurance benefits shall
be guaranteed at the same benefit level as they were at the original date of this
Agreement on March 16, 2015 and as described in Section 3.A.2. "Health
Insurance for Retirees" of Resolution No. 13741 dated June 16, 2014, and
attached as Exhibit A, which section is hereby adopted and incorporated by
reference herein. The parties expressly agree and confirm that the rights and
benefits conferred in that section shall apply to the City Manager.
(3) Should current pension vesting rules change, such as through the California
voter Initiative process, City Manager may be treated like any other City
employee at the sole discretion of the City Council.
B) Deferred compensation
(1) Section 457 Plan.
8
(a) The City will make, in January of each year, an annual contribution equal to
$15,000 a year and as allowed by the Internal Revenue Code and its
related regulations (excluding any age-related and catch-up provisions that
are now or may in the future become applicable) into a qualified Section
457 Plan from one of the City approved plans as selected by the City
Manager.
(2) Management Allowance
(a) The City will make available and contribute amounts each pay period to a
Management Allowance, consistent with the contributions made for
employees in the Unrepresented Executive Management Group.
(3) Internal Revenue Code Compliance -All provisions of Sections 5.A and 5.B are
subject to the provisions and limitations of the Internal Revenue Code and its
related regulations as amended from time to time. No requirement of any
provision of Sections 5.A and 5.B 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 shall not constitute a breach
of this Agreement.
C) Insurance
(1) Disability Insurance. Long Term Disability insurance is to be provided as
stipulated in the Unrepresented Management Resolution.
(2) Life Insurance. Term life insurance in the amount of $250,000, with the premium
to be paid by the City, payable to a beneficiary the City Manager designates.
7) SEPARATION
A) Resignation Retirement -The City Manager may resign at any time and agrees to give
the City at least 45 days advance written notice of the effective date of his resignation,
unless the Parties otherwise agree in writing. If the City Manager retires from full
time public service with the City, the City Manager may provide six months'
advance notice. The City Manager's actual retirement date will be mutually
established.
B) Termination & Removal-
(1) While this Agreement contains reference to a rolling three (3) year term in
Section 3 above, it is expressly understood that the Manager is an at-will
employee of the City, servicing at the pleasure of the City Council as provided
in Government Code Section 36506.
(2) The City Council may remove the City Manager at any time, with or without
cause, by a majority vote of its members. Notice of termination shall be
provided to the City Manager in writing. Termination as used in this Section
shall also include a request that the City Manager resign, a reduction in salary
or other financial benefits of the City Manager, a material reduction in the
powers and authority of the City Manager, or the elimination of the City
Manager's position. Given the at-will nature of the position of City Manager, an
important element of the employment agreement pertains to termination. It is in
9
both the City's interest and that of the City Manager that any separation of the
City Manager is done in a businesslike manner.
C) Severance Pay
(1) In the event that the City Manager is terminated by the City Council during such
time that the City Manager is willing and able to perform his duties under this
Agreement, then the City agrees to pay the City Manager a lump sum cash
payment equal to six months' base salary and benefits. It is the intention of the
parties that this paragraph complies with the requirements of Government
Code Section 53260 et. seq. In the event of any conflict between this provision
and those code sections, the terms of those code sections shall govern the
contractual relationship between the employer and employee.
(2) In addition, the City shall extend to the City Manager the right to continue health
insurance as may be required by and pursuant to the terms and conditions of
the Consolidated Omnibus Budget Reconciliation Act Of 1986 (COBRA).
(3) All payments required under Section 7.C (I), and (2), 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 formally or a majority of the City Council
informally asks that the City Manager resign, then the City Manager shall be
entitled to resign and still receive the severance benefits provided in Section
7.C above.
E) Separation for Cause
(1) Notwithstanding the provIsions of Section 7.C, the City Manager may be
terminated for cause. As used in this Section, "cause" shall mean only one or
more the following:
(a) Conviction of a felony;
(b) Conviction of any illegal act involving moral turpitude or personal gain;
(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 Manager's duties; or
(f) Repeated and protracted unexcused absences from the City Manager's
office and duties.
(2) In the event that the City terminates the City Manager for cause, then the City
may terminate this Agreement immediately, and the City Manager shall be
entitled to only the compensation accrued up to the date of termination,
payments required by Section 7.F below, and such other termination benefits
and payments as may be required by law. The City Manager shall not be
entitled to any severance benefits provided by Section 7.C. The City reserves
10
the right to suspend City Manager with pay at any time during the pendency of
any of the foregoing events under item (1) above.
F) Payment for Unused Leave Balance
(1) On separation from City employment, the City Manager shall be paid for all
unused accrued leave allowances provided in Section 5.B(2) above.
Accumulated leave balances shall be paid at the City Manager's monthly salary
rate at 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 City Manager.
B) Conflict of interest
(1) The City Manager 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 City Manager shall also be subject to the conflict of interest provisions of
the California Government Code and any conflict of interest code applicable to
the City Manager's City employment.
(3) The City Manager 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) To the full extent of the law as provided by the California Torts Claims Act
(Government Code Section 810 et seq.) and the indemnity provisions of this
Agreement, whichever shall provide the greatest protection to the City
Manager, the City shall defend and indemnify the City Manager against and for
all losses sustained by the City Manager in direct consequences of the
discharge of the City Manager's duties on the City's behalf for the period of the
City Manager's employment.
(2) The City shall defend, save harmless, and indemnify the City Manager against
any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in
the performance of the City Manager's duties as City Manager. The City may
compromise and settle any such claim or suit and pay the amount of any
settlement or judgment rendered thereon in the City's sole discretion.
(3) Whenever the City Manager shall be sued for damages arising out of the
performance of his duties, the City shall provide legal defense for the City
Manager in such suit and indemnify the City Manager from any judgment
rendered against the City Manager; 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 City Manager's capacity as City Manager,
II
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 City
Manager may have under the law.
(4) The City and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the City Manager, for all matters while
acting within the scope of the City Manager's 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 City Manager.
(5) In the event that the City Manager shall serve as the chief executive of other
City-related legal entities as provided in Section 4.A (I)(b) above, then each
provision of this Section 7.C shall be equally applicable to each City-related
legal entity as though set forth in an indemnity agreement between the City
Manager and that legal entity. The City hereby guarantees the performance of
this indemnity obligation by the City-related legal entity, and shall indemnify
and hold the City Manager harmless against any failure or refusal by City
related legal entity to perform its obligations under this Section 7.C.
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) Laws Affecting Title -In addition to those laws affecting a City Manager, the City
Manager shall have the same powers, rights and responsibilities as a Chief
Executive Officer, City Administrative Officer, Administrator, and/or City
Administrator as those terms are used in local, state, or federal laws.
F) 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.
G) Entire Agreement -This Contract represents the entire agreement of the Parties,
and no representations have been made or relied UpOA except as set forth herein.
This Contract may be amended or modified only', by J a written, fully executed
agreement of the Parties. .
H) Notice -Any notice, amendments, or additions to this Agreement, including change
of address of either party during the term of this Agreement, which the City
Manager 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:
Mayor
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
12
EXECUTION:
(b) If to the City Manager:
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
IN WITNESS WHEREOF, the City of San Rafael has caused this amended and
restated Agreement to be duly executed by its Mayor and the City Manager, and duly
attested by its City Clerk, the 18th day of December 2017.
EMPLOYER -CITY OF SAN RAFAEL
BY: __ ~+-rr~~+-~~ ______ _
ATTEST:
Esther Beirne, City Clerk
VED AS TO FORM:
CITY MANAGER
Ja es . Schutz
13
RESOLUTION NO. 13741
RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES ("EXECUTIVES")
(July 1,2014 through June 30,2016)
1. EXECUTIVE MANAGEMENT EMPLOYEES
The Executive Management Employees of the City of San Rafael are the Executive Management Job
Class Titles ("Executives", herein) enumerated in Exhibit A, attached hereto and incorporated herein.
This Resolution shall constitute the compensation and conditions of employment for the Executives
for the period from July 1, 2014 through June 30,2016.
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 Executives 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 Executives 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, auto 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, Executive 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 all Executive
Management positions in the final year of the Resolution in advance of discussions regarding a
successor Resolution.
Identified survey positions from other agencies include positions that are filled as well as those that
may be unfilled, so long as the position is identified by the survey agency as being on the salary
schedule and having a job class description. The appropriate survey positions will be selected for
Executive Management positions based upon similar work and similar job requirements.
The City shall review the survey data for accuracy and completeness. The City shall provide the
survey data to all Executives.
C. SALARY INCREASES
Effective the pay period including July 1, 2014 , the City will increase base wages for all employees by
30%.
Effective the pay period including July 1, 2015, the City will increase base wages for all employees by
3 ,0%.
D. CAR ALLOWANCE
The monthly car allowance paid to the Executives shall be $350. Executives identified in Exhibit A may
be eligible to have use of a city car in lieu of the monthly car allowance at the discretion of the City
Manager.
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
2
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 with the paycheck of December 15, 2013 is:
Employee only:
Employee and one dependent:
Employee and two or more dependents:
$ 589.26
$ 1178.52
$ 1532.08
The monthly flex dollar allowance effective with the paycheck of December 15, 2014 is:
Employee only:
Employee and one dependent:
Employee and two or more dependents:
$ 603.99
$ 1207.98
$ 1570.38
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.
:3
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. Executives Hired 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 Executive
Management position (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. The City's contribution towards the coverage of retirees under this subsection
(3.A.2.a) shall be the PEMHCA minimum contribution as determined by CalPERS on an
annual basis.
On a monthly basis, 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
and the retiree's spouse/registered domestic partner or surviving spouse/registered domestic
partner and/or qualified dependent children's coverage under PEMHCA up to the maximum
contribution the City makes towards the cost of coverage of an active employee hired prior to
April 1, 2007. The City's longevity contribution shall remain in effect for the retired manager's
life and that of the retired manager's spouse/registered domestic partner or surviving
spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired Executives 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
Executive's life and that of the retired Executive's spouse/registered domestic partner or
surviving spouse/registered domestic partner.
b. Executives 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 .
On a monthly basis, 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 retiree's dependents. The
City's longevity contribution shall cease on the retired manager's death. The City shall not be
responsible for reimbursing retired Executives and/or their spouses for any Medicare premiums
paid by the retired manager and/or the retired manager's spouse or surviving spouse.
c. Executives 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 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.c) shall be the
PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall
not be responsible for reimbursing retired Executives and/or their spouses for any Medicare
premiums paid by the retired manager and/or the retired 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 two times the employee's annual
salary.
C. LONG-TERM DISABILITY INSURANCE
The City shall provide long term disability (L TO) 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 $7,500 (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 Manager is responsible for paying the full cost of their employee contribution rate as established
by the Marin County Employee Retirement Association.
4
Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all
Executive 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
Executives 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 ih the 1937 Act).
C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement
program to all miscellaneous Executives 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 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.
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.
D. SERVICE CREDIT FOR SICK LEAVE
Executives 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 at the time of retirement,
pursuant to Section 5-A of this Resolution).
This provision will no longer be available to Executives hired after June 30, 2009.
E. EXECUTIVE MANAGEMENT ALLOWANCE
Pursuant to Resolution No. 10657, the City established a Defined Contribution Retirement Plan for
Executives. All rules related to this plan shall be governed by the Plan document as amended.
Current contribution is 4.59% of base salary. Eligible employees shall have a one-time option of
5
electing an employer contribution (pre-tax) to their PARS account or an after tax payment in the form
of an Executive 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.
Additionally, the City will make a one-time Management Allowance contribution of 0.36 % of annual
base salary in July 2014 and July 2015.
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
City contribution percentage. Employees who elected the cash option will similarly receive an
equivalent amount in cash.
5. LEAVES OF ABSENCE
A. SICK LEAVE
Executives 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.
Executives 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.
Executives 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.
Executives may use sick leave prior to completion of probation. In recognition of Executives' exempt
status under FLSA, time off for sick leave purposes shall not be deducted from a Manager's sick
leave accrual, unless the employee is absent for the full workday.
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
6
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
Leave Accrual rate/yearly
15 days
16 days
17 days
18 days
19 days
20 days
21 days
12 years
13 years
14 years
15 plus years
22 days
23 days
24 days
25 days
In recognition of Executives' exempt status under FLSA, time off for vacation leave purposes
shall not be deducted from a Manager's vacation accrual unless the employee is absent for the
full workday.
2. Administration of Vacation leave
The City Manager may advance vacation leave to a Manager; prior approval is required .
Executives 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. Executives who terminate their employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the date of termination . Executives 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 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.
Executives may not cash-in more than fifty-two and 1/2 (52 .5) hours within any twelve (12)
month period.
c. ADMINISTRATIVE LEAVE
Executives shall receive seven (7) Administrative Leave days each calendar year subject to the approval
of the City Manager. An additional three (3) days may be granted at the discretion and with approval of
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 Manager upon his/her resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be
deducted from a Manager's administrative leave accrual, unless the employee is absent for the full
workday.
D. HOLIDAYS
City shall provide eleven designated holidays and two floating holidays per calendar year to Executives .
The hours for the floating holidays are automatically added to an employees ' vacation accrual on a
semi-annual basis.
E. BEREAVEMENT LEA VE
In the event of the death of a Manager's spouse, child, parent brother, sister, in-Iaw(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 Executives shall abide by the City's Catastrophic Leave Policy .
..,
I
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 Executives shall be 7.5 hours per
day.
B. DRUG FREE WORK PLACE
All Executives shall abide by the City's Drug and Alcohol Policy.
C. FURLOUGH PLAN
Executives endorse the Furlough Program described in Exhibit B.
D. PA Y FOR PERFORMANCE EVALUA TlON SYSTEM
Executives 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 Executives shall abide by the City's Outside Employment Policy.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
dul¥ and regularly introduced and adopted at a regular meeting of the Council of said City held on the
16t day of June, 2014 by the following vote, to wit:
AYES:
NOES:
ABSENT:
8
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Bushey, Colin, McCullough & Mayor Phillips
None
Connolly
ESTHER C. BEIRNE, CITY CLERK
SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT
SALARY SCHEDULE
2001
2300 Director
8101
2205
2140 IFinance Director
7101 IFire Chief
1106 I Human Resources Director
2401 I Librarv Director
6101 I Police Chief
2201 IPublic Works Director
Effective July 1.1 20.14
The City Manager Is appointed by the City Council and Is not
subject to the terms and conditions of the Management Resolution
Exhibit A
2001
2300
8101
2205
2140
7101
1106
2401
6101
2201
SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT
SALARY SCHEDULE
Finance Director
Fire Chief
Human Resources Director
Library Director
Police Chief
Public Works Director
Effective July 1! 2015
The City Manager Is appointed by the City Council and is not
subject to the terms and conditions of the Management Resolution
Exhibit A
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Manager's Office
Project Manager: Jim Schutz, City Manager
Extension: 3475
Contractor Name: Jim Schutz, City Manager
Contractor's Contact: Jim Schutz, City Manager
Contact's Email: Jim.Schutz@cityofsanrafael.org
~ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA > $20,000; or Purchase> $35,000; or
Public Works Contract> $125,000
Date of Council approval
(
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager / Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
12/19/17
12/19/2017
0 N/A
Or
~~ 2 2/18/2017
12/19/17
l 2j~{ ) 1/
j\J l It
I t -II -/7
{" 3-II?
REVIEWER
Check/Initial
JS
~
~
~
EPR
L;l1jl1
-
" -" ~ ........,
&&.