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HomeMy WebLinkAbout2001-094 ,. L (See Companion Resolution 2001-95) 1 2 RESOLUTION NO. 2001-94 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 4 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 5 6 7 8 9 10 WHEREAS, it is necessary to codify the compensation and benefits granted to management and confidential employees; NOW THEREFORE, BE IT RESOLVED THAT: SECTION 1. The Mayor and Common Council hereby establish a Management and Confidential Employee Compensation and Benefits Plan which defines the wages and benefits of those employees whose positions are a part of the ManagemenUConfidential 11 Group and are represented by the San Bernardino ManagemenUConfidential Association 12 (Association). 13 SECTION 2. The ManagemenUConfidential Employee Compensation and Benefits 14 Plan (Plan) shall be as follows: A. Classifications 1. Safety Classifications shall have their salaries determined in 20 accordance with Charter Section 186. 21 22 23 24 2. For Non-Safety classifications, the City will implement of the Classification and Compensation Study, effective June 1, 2001, at the nearest dollar minimum placement of four percent (4%). Employees will be placed at the step of the new salary range that provides at least a four percent (4%) salary adjustment. The only exception is employee's who under the new salary range, are placed at step 18 or higher 25 prior to the 4% adjustment. In this case, the employee will be placed at top step 21 of the 26 new range. Employee anniversary and merit increase dates will remain unchanged, 27 regardless of the step the employee is placed based on the implementation of the 28 classification and compensation study. Page 1 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 Effective July 1, 2002, a two percent (2%) Cost-Of-Living Adjustment 5 (COLA) will be given. This COLA will result in the entire pay scale to be moved upward two percent (2%). 6 7 8 9 10 3. Annually, all non-safety management and confidential employees who have not yet reached top step, may receive an increase ranging from zero percent (0%) to five percent (5%), based upon performance evaluations completed within the previous evaluation period. The evaluation period is six (6) months for employees initially hired at Step 1, and twelve months between all other steps. 11 4. Elected officials, the Civil Service, Library and Water Boards may 12 determine whether or not to conduct performance evaluations in writing. In the absence of a written performance evaluation, elected officials, the Civil Service, Library and Water 13 Boards may give Step increases not to exceed five percent (5%). 5. All other management and confidential employees shall be evaluated 14 15 in writing. 16 a. Evaluation of department heads and heads of divisions within 17 the City Administrator's Office will be performed by the City Administrator and reviewed by 18 the Mayor. 19 b. Evaluation of other management/confidential employees, will be performed by the department or division head. In the case of divisions within the City 20 Administrator's Office, the division head will perform the evaluation of the 21 management/confidential employees in that division and may be reviewed by the City 22 Administrator. Evaluation forms for these employees will be provided by the Human 23 Resources Department. 24 7. Recommendations for increases shall be submitted to payroll on a 25 form provided by Finance at least thirty (30) days prior to the expiration of the evaluation period. 26 a. Recommendations for salary advancement of a department 27 or division head, within the City Administrator's Office, shall be submitted by the City 28 Page 2 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 5 6 7 8 9 10 dministrator. b. Recommendations for salary advancement of the Civil Service Chief Examiner shall be submitted by the Civil Service Board. c. Recommendations for salary advancement of the City Librarian hall be submitted by the Library Board. d. Recommendations for salary advancement of employees of elected officials, with the exception of the Council Office, shall be approved and submitted by the Elected Official. e. Recommendations for salary advancement within the Council 12 Office shall be submitted by the Council Committee. 13 14 15 16 17 18 19 11 f. Recommendations for advancement of all other management! confidential employees shall be submitted by their respective department heads. C. Insurance (Medical, Dental. & Vision) Effective September 1,2000, the City shall contribute a maximum of $880.72 per month for each employee to be used to purchase City sponsored medical, dental, ision and life insurance. D. Retired Emplovees Medical Insurance 20 The City shall contribute a monthly maximum of sixteen dollars ($16) per retired employee to be applied towards the monthly PERS medical insurance premium. E. Lona-Term Disabilitv Insurance 21 The City shall provide long term disability insurance for employees. Subject 22 to the usual provisions and exclusions of such insurance plans, the coverage shall be for 23 sixty percent (60%) of salary after a sixty (60) calendar day elimination period, for a 24 maximum period of two years. An employee shall not be required to exhaust his or her sick leave to receive benefits. 25 F. Life and Accidental Death & Dismemberment (AD&D) Insurance 26 The City shall provide Term Life and Accidental Death and Dismemberment 27 Insurance of fifty thousand dollars ($50,000) for Management employees and twenty-five 28 Page 3 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 5 6 7 8 9 10 thousand dollars ($25,000) for Confidential employees. G. Department Head Allowance A Department Head is entitled to an allowance of fifty dollars ($50) per month to cover various work-related expenses. The allowance shall not accumulate from month to month. Sums provided hereunder shall be on a reimbursement basis under a system to be developed by the City Administrator. H. Uniform Allowance Police 11 1 . Once each fiscal year, each Police Safety Management member shall 12 receive an annual uniform allowance of five hundred dollars ($500) to be paid in a lump sum amount during the first pay period of March. 13 2. New employees must wait until the first pay period of March to receive 14 their annual uniform allowance. 15 16 17 18 19 Fire 1. The City shall furnish and replace as needed the following items: Four (4) work shirts; Three (3) pairs of work trousers; Safety boots or shoes I. PERS 20 21 1. Any non-safety employee hired on or after January 1, 1998, the City 22 will pay five percent (5%) of the members' contribution to PERS credited to the employee's 23 account as a fringe benefit. Upon said employee completing five (5) years of service, the 24 City will pay two percent (2%) additional of the members' contribution to PERS credited to 25 the employee's account as a fringe benefit on the first pay period of the sixth year of 26 Non-Safetv Emplovees: service. 2. The City agrees to implement the 2% @ 55 retirement benefit 27 effective June 1, 2001, with the City paying the increased cost for this benefit. 28 Page 4 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 5 6 7 8 9 10 11 12 13 3. The City has amended the PERS contract to allow employees to buy back previous eligible time, tax deferred, after the employee contacts PERS and obtains heir approval. 4. As of August 1, 1998, the City contracted with PERS to provide Section 21574, Fourth Level of 1959 Survivor Benefits. All associated costs of this benefit ill be borne by the employee. Safety Employees: 1. For safety employees, the City will pay the nine percent (9%) employee contribution to PERS through December 31, 1999. 2. The City agrees to pay the employer contribution for the 4th level of 1959 survivor's benefit for fire management employees. 3. Effective July 1, 2001, the City will implement the 3% @ 55 retirement 14 benefit formula for fire and police management employees. 15 4. The City adopted Resolution No. 2000-351 with an implementation 16 ate of January 1, 2000, for paying and reporting the value of the Employer Paid Member 17 Contribution (EPMC) under the guidelines of Government Code Section 20636(c )(4) 18 pursuant to Section 20691. The City will report the nine percent (9%) Employee Contribution as Special Compensation under the current PERS laws. 19 For purposes of determining overtime compensation and other salary 20 payments, including but not limited to, payoff sick leave, vacation accruals, holiday 21 accruals and comp time balances, the aforementioned nine percent (9%) base salary 22 increase shall not be considered. 23 J. 24 All Safety Management members shall be entitled to receive, in addition to 25 their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below: 26 27 28 Page 5 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 5 6 7 8 9 10 11 12 13 14 Fire 1. As of January 1, 2000, a State Fire Officer Certification shall receive an additional one hundred fifty dollars ($150) per month above base salary; or, 2. As of January 1,2000, a State Chief Officer Certification or completion of the National Fire Academy Executive Fire Officer Program shall receive an additional two hundred fifty dollars ($250) per month above base salary. Police 1. Effective January 1, 2001, two hundred dollars ($200) additional compensation per month shall be paid each member who has obtained a POST Intermediate Certificate; 2. Effective January 1, 2001, two hundred fifty dollars ($250) additional compensation per month shall be paid each member who has obtained a POST Advanced Certificate; 15 3. Effective January 1, 2001, two hundred seventy-five dollars ($275) 16 additional compensation per month shall be paid each member who has obtained POST 17 Supervisory Certificate; 18 4. Effective January 1, 2001, four hundred dollars ($300) additional compensation per month shall be paid each member who has obtained a POST 19 Management Certificate. K. Overtime 20 21 22 Labor Standards Act (FLSA). 23 L. Administrative Leave 24 Employees will receive overtime compensation in accordance with the Fair All forty (40) hour/week FLSA exempt employees in lieu of monetary 25 compensation shall be assigned fifty-six (56) hours of Administrative Leave and shift FLSA exempt employees shall be assigned eighty-four (84) hours of such leave each July 1. 26 Administrative Leave shall not be carried beyond the end of any fiscal year and shall not 27 be paid for at any time. 28 Page 6 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 Actinq Pay 1. The Mayor may assign an employee to discharge the duties of a 6 higher classification for additional compensation as provided herein, in the event of a vacancy or during the temporary absence of an employee. 7 2. An employee assigned to acting duty in writing by the Mayor shall 8 receive acting duty pay as follows: 9 a. Non-safety employees, acting in a higher position, below the 10 level of Department/Division Head, shall receive acting duty pay on the sixth consecutive 11 work day of each acting duty assignment. No acting duty pay will be paid for the first five 12 work days of each acting duty assignment except for an employee who has served a twenty day demonstration period during the previous twenty-four (24) months, as recorded 13 in the employee's official personnel and/or Civil Service record. The entire period of the 14 acting duty assignment at the higher classification, including the initial work demonstration 15 period, may not exceed sixty (60) working days except by the mutual agreement of the 16 Mayor and Common Council and the employee. 17 b. Non-safety employees acting as Department Head or Division 18 Head shall be eligible for acting duty pay on the first work day of each such assignment. 19 c. Safety employees' acting duty pay shall be govemed by Charter 20 21 22 23 24 M. 5 Section 186. 3. Acting pay for non-safety employees shall be the first step of the salary range for the acting position next above the employee's regular salary, which would provide the acting employee at least a five percent (5%) salary increase. 4. Upon any subsequent service of a non-safety employee who completed a prior acting duty assignment in the same higher acting position, compensation 25 at the higher rate shall commence upon the first date of such subsequent service. 5. It is not the intent of this subsection to provide such compensation for vacation relief or for limited, short-term absences. 26 27 28 N. Annual Phvsical Exam Page 7 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 An annual physical examination is available for all participants. The City 5 shall pay for medical fees for the physical examination of said employees. Reimbursement o the employee for the examination shall not exceed one hundred seventy-five dollars 6 7 8 9 10 11 12 13 ($175). O. Deferred Compensation The City shall execute an agreement with a carrier to provide a deferred ompensation plan for all participants provided the Association concurs with the selection f the carrier and the plan. P. Emplovee Assistance Proqram All participants shall be able to receive counseling in problem-solving personal and emotional matters through the City's Employee Assistance Program (EAP). a. Vacation Leave 14 1. All Participants shall accrue: Ten (10) days of paid vacation upon the 15 Irst day of the second year of continuous full-time employment with the City of San 16 Bemardino. Thereafter, vacation shall accrue each pay period prorated according to the t 7 number of days or shifts per year in the following chart: 40 HrlWeek Employee Days Per Year 18 19 20 21 22 23 24 56 HrlWeek Employee Shifts Per Year Completed Years of Continuous Service 1 10 5 5 15 7-Y. 15 20 10 20 25 12- Y. *No vacation shall be granted if service is less than one (1) year. 2. Vacation credits may accrue and accumulate for a maximum of two (2) years' total accumulated vacation credits on a carry over basis from year to year. 26 Vacations or portions thereof from anyone year so accrued may run consecutively with 27 vacations or portions thereof of the next succeeding year. 25 28 Page 8 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 3. In the event an employee works less than fifty percent (50%) of the 5 total normal work hours in a pay period, he/she shall not be credited with any vacation 6 leave for such pay period. Approved vacation, sick, holiday, and Administrative Leave shall be considered as time worked for this item only. 7 4. When an employee resigns or otherwise leaves the service of the 8 City, payment shall be made to the employee for the earned portion of his vacation on the 9 basis of the hourly rate of pay being received by the employee on the date of separation. 10 R. Tuition Costs 11 12 13 4 All participants shall be reimbursed for selected tuition costs and textbooks for previously approved job related courses which will increase the value of the employee to the City, provided that the employee achieves a passing grade of "B" or better. The amount of reimbursement shall be the equivalent of tuition costs for up to six (6) units per 14 quarter as charged by Cal State University, San Bemardino, or up to one-and-a-half (1-1/2) 15 times that amount if based on a semester. 16 S. Sick Leave 17 All participants shall be granted six (6) working days of sick leave or a half 18 (Yo) shift for shift employees after six (6) calendar months of continuous service. Thereafter, sick leave as herein provided shall accrue at a rate of eight (8) hours per 19 month, four (4) hours per pay period or a half (Yo) shift per month for approximately six 20 (6.0) hours per pay period for shift employees. In the event an employee works less than 21 fifty percent (50%) of the total normal work hours in the pay period, he/she shall not be 22 credited with any sick leave for such pay period. Approved vacation, sick leave, holiday 23 or administrative leave shall be considered as time worked for the purpose of computing 24 sick leave benefits only. Whenever an employee uses all allowable sick leave, further 25 absences may be charged against accrued vacation or with department head approval, the employee may take loss of pay rather than vacation. 26 1. Sick leave means the absence from duty of an employee because of 27 illness or injury, exposure to contagious disease, attendance upon a member of his/her 28 Page 9 of 17 2001-94 3. No absence due to illness or injury in excess of five (5) working days or two-and-a-half (2-)1,) shifts shall be approved except after the presentation of satisfactory evidence of illness or injury; namely a certificate from a practicing physician or an authorized practicing chiropractor approved by the City Administrator. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this resolution be examined at any reasonable time or intervals by the City's designated physician, and in the event of an adverse report to reject such claim for 18 sick leave, in whole or in part, and to terminate sick leave compensation. In the event of 19 the refusal of any person to submit to such examination after notification, the City Administrator may terminate sick leave compensation and reject any claim therefor. The 20 City Administrator shall have the right to require the presentation of a certificate from a 21 practicing physician stating that an employee is physically or psychologically able to 22 perform his/her work and duties satisfactorily before permitting an employee who has been 23 on sick leave to return to work. 24 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 immediate family who is seriously ill and requires the care of or attendance of an 5 employee, or death in the immediate family of the employee. Immediate family means: 6 husband, wife, grandmother, grandfather, mother, father, sister, brother, son or daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in-law. 7 2. Upon the Department Head's request, an employee must provide a 8 physician's statement to justify a sick leave of five (5) consecutive days or two-and-a-half 9 (2-)1,) shifts or longer. If the department head finds with just cause that sick leave is being 10 abused, the employee may be required to submit a physician's statement after any 11 absence. 12 13 14 15 16 17 5. When absence is for more than one (1) work day, the employee may 28 Page 10 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 be required to file a physician's certificate or a personal affidavit with the Director of Human 5 Resources stating the cause of the absence. 6. Whenever an employee is compensated hereunder for sick leave or 6 injury and has not had a vacation at the end of the current calendar year, he/she shall be 7 allowed to take his/her vacation in the next calendar year. 8 7. Whenever the term "service of the City" appears herein, it shall be 9 deemed to include all service to the City of San Bernardino, the San Bernardino Board of 10 Water Commissioners and the San Bernardino Free Public Library Board. 11 8. Sick leave may be accumulated without limit and approved time off 12 with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence 13 without pay. The words "working day" shall mean a normal day to which an employee has 14 been assigned to work. 15 9. Unused sick leave is payable upon resignation, retirement or death, 16 except dismissal or resignation with prejudice at fifty percent (50%) of total accumulated 17 hours. There is no cap or service requirement. T. Iniurv Leave 18 All non-safety employees shall be granted industrial accident and illness absence with full pay for each such accident or illness for the first seven (7) calendar days 20 of their disability. Effective with day eight (8) of the necessary absence for such illness, 21 each employee shall be authorized, upon his/her written request, to utilize any balance of 22 his/her accumulated sick leave or vacation credits to augment the amount of temporary 23 disability compensation received to the extent that the total sum received will result in a 24 payment equal to his/her regular and normal compensation. The utilization of sick leave 25 for this purpose shall end with termination of the temporary disability or when the accumulated sick leave credits have been exhausted, whichever occurs first. 26 When injury is sustained in the course and scope of employment with the 27 City by a safety employee, said employee shall be compensated under the provisions of 19 28 Page 11 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 5 6 7 8 9 10 11 12 13 the Workers' Compensation Insurance and Safety Act of California and not under the provisions of this resolution; provided that he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first three hundred sixty-five (365) days of disability. 20 28 Page 12 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 5 6 7 8 9 10 U. Reasonable Suspicion Testinq 1. Employees will participate in a reasonable suspicion testing program for drugs and alcohol, following the Reasonable Suspicion Drug/Alcohol Testing procedure described in the City of San Bernardino's policy on Drugs and Alcohol Testing of Employees with Commercial Driver's Licenses. 2. The fire management employees agree to have fire management employees with drivers licenses of (1) Class "B" FX with "X" endorsement, (2) with Commercial Driver's Licenses or (3) Class "C" Driver's Licenses participate in reasonable 11 suspicion drug and alcohol testing, as outlined in the Fire Safety Employees' MOU. 12 3. All supervisors will receive training consisting of at least six (6) hours on identification of actions, appearance or conduct which are indicative of the use of drugs 13 or alcohol. 14 4. A Supervisor must directly observe and document the behavior on a 15 reasonable suspicion checklist. Reasonable suspicion may not be based on hearsay. 16 v. Leave of Absence Without Pay 17 18 19 Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the Mayor and Common Council for a period not to exceed six (6) months, upon the positive recommendation of the Department Head and the City Administrator. 20 Under justifiable conditions, said leave may be extended by the Mayor and Common 21 Council for additional periods. Leave of absence without pay will be considered favorably 22 if it is expected that the employee will retum to duty and that at least one of the following 23 benefits will result: increased job ability, protection or improvement of the employee's 24 health, retention of a desirable employee, or furtherance of a program of interest to the 25 City. Examples of or conditions for which a leave of absence without pay may be granted are: 26 1. For an employee who is a disabled veteran requiring medical 27 treatment; 28 Page 13 of 17 2001-94 If an employee does not have time reported to payroll during a pay period resulting in no payroll check issued, they will be considered on no-pay status. The Finance Department will bill the employee for both the employee and employer portions of their Insurance Benefits. This will be in effect for any and all pay periods during the time 20 employee is no-pay status. Employees can voluntarily cancel insurance benefits by 21 ontacting the Human Resource Department. If an employee chooses to cancel their 22 health benefits they will be subject to reenrollment pursuant to PERS guidelines. In 23 circumstances in which either the Federal Family Leave Act or the State Medical and 24 Family Leave Act apply, the City shall adhere to the requirements of the Acts. Notwithstanding any other provision of this section to the contrary, the City ill continue its contribution for health and life insurance premiums of an employee on no pay status or leave of absence due to any injury or illness arising out of and in the course 27 of his/her employment with the City. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 2. For an employee who is temporarily mentally or physically unable to 5 perform his/her duties; 3. For an employee who files for or assumes elected office; 6 4. For maternity or paternity leave, upon the recommendation of the 7 ttending physician; 8 5. For military leave when the employee has less than 1 year of service 9 0 qualify for leave with pay. 10 An approved leave of absence without pay for less than sixty (60) days in 11 ny calendar year will not be considered a break in service. Leave in excess of sixty (60) 12 ays shall result in the advancement of the employee's anniversary date and ompensation advancement date to such date as will account for the total period of 13 ncompensated time off. Failure to retum to duty at the expiration of the approved leave 14 f absence without pay shall constitute an abandonment of the position pursuant to Rule 15 07 of the Rules of the Civil Service Board and shall be prosecuted consistently therewith. 16 W. No-Pav Status 17 18 19 25 26 28 Page 14 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 5 6 7 8 9 10 11 12 13 14 x. Holidavs All participants shall receive the following paid holidays: New Year's Day January 1 Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving 4th Thursday in November Day After Thanksgiving 4th or 5th Friday in November Christmas Eve December 24 Christmas Day New Year's Eve December 25 15 16 Two (2) Floating Holidays (16 holiday hours) 17 Holidays listed above shall be allowed on a Monday, if any such holiday falls 18 on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a 19 Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves 20 will be observed on Mondays and Tuesdays. 21 At the beginning of each calendar year, the City will determine how many of 22 the above holidays fall on a regularly scheduled day off. An employee working on a 9/80 23 or a 4/10 schedule will accrue the equivalent number of hours of holiday time ("holiday 24 account") with one (1) holiday equivalent to eight (8) hours. 25 In lieu of the above, shift employees shall accrue six-and-a-half (6-%) shifts per calendar year, accrual at six (6) hours per pay period. 26 Holidays earned in any twelve- (12) month period are not accumulative 27 beyond the total number of holidays allowed each year by this pay plan. December 31 28 Page 15 of 17 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 If a holiday falls on a nine - (9) or ten - (10) hour work day, the employee will 5 be paid eight (8) hours holiday pay. The employee may supplement the holiday with 6 accrued vacation, holiday account time, or no pay. If new employees elect to "draw down" from the holiday account, the hours 7 used will be deducted from the sixteen (16) holiday account hours they receive upon the 8 completion of six (6) months of continuous service. 9 In the event of the employee's failure for any reason to take such holiday 10 account hours during the term of this Resolution, the employees shall be paid for hislher 11 holiday account balance, upon separation from the City. 12 Y. Benefits Reopener 13 It is intended that this plan not discriminate in favor of highly compensated employees or key employees as to contributions and benefits, in compliance with the 14 requirements of Section 89 of the Tax Reform Act of 1986. If existing non-taxable fringe 15 benefits are found to be taxable pursuant to new law, regulations or interpretations, the 16 City agrees to discuss implementation of alternate forms of compensating affected 17 employees to minimize their tax liability. 18 SECTION 3. Resolution Nos. 2001-61 and 2000-13 are hereby repealed in their 19 entirety. 1/1 20 11/ 21 III 22 1/1 23 I /I 24 1/1 25 1/1 1/1 26 1/1 27 1/1 28 Page 16 of 17 I. 2001-94 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000-13. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint regular meeting 6 hereof, held on the 7th day of May , 2001, by the 7 8 9 10 11 12 13 ollowing vote, to wit: COUNCIL MEMBERS: AYES NAYS ABST AI N ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ x ANDERSON x MC CAMMACK x 14 15 16 17 18 19 ~..fIj,Jt~ (l-W) bu. ~..Jaty-f,I.l;~k 'Jur;d;; The foregoing Resolution is hereby a~proved tnls "I~,t1JJ ~ay of May ,2001. Approved as to form 20 and legal content: 21 JAMES F. PENMAN 22 City Attorney 23 By:.' "p, 24 25 26 27 28 Page 17 of 17 I