HomeMy WebLinkAbout2007-345 T
4
(Amended by 2008-306) (AMENDED BY RESO 2008-169)
AMENDED BY RESOLUTION 2010-276
• (AMENDED BY 2007-481) AMENDED BY RESOLUTION 2010 -284
11 RESOLUTION NO. 2007-345
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALIN
3 RESOLUTION NO.2005-242.
4 WHEREAS, it is necessary to codify the compensation and benefits granted to management an
5 confidential employees;
NOW THEREFORE,BE IT RESOLVED THAT:
6 SECTION 1.The Mayor and Common Council hereby establish a Management and Confidential Employe
7 Compensation and Benefits Plan which defines the wages and benefits of those employees whose positions are
part of the Management/Confidential Group and are represented by the San Bernardino Management/Confidential
8 Association(Association).
9 SECTION 2. The Management/Confidential Employee Compensation and Benefits Plan (Plan) shall be
follows:
10 A. Classifications
11 All Classifications listed in Resolution 6413, Sections Twelve and Fourteen, shall be covered by
this Plan. Resolution 6413, Sections Twelve and Fourteen, attached, lists those classifications as of the adoption o
12 this resolution.
13 B. Compensation
1. Safety Classifications shall have their salaries determined in accordance with Charter
14 Section 186.
15 2• Non-Safety Classification Study
a. The City shall conduct a salary survey of Management/Confidential Group
16 benchmark classifications to be completed on or about 9/01/07. The City will use updated gob descri tions t
17 determine comparable positions in five similar size cities in our surroundin labor market. The City wil
determine the benchmark positions to be surveyed. Salary levels for non-benchmark classifications will b
18
established using internal relationship uidelines amon related 'ob classes. Classifications with salaries
19 below the survey median shall be increased as follows:
0-5% below median corresponding salary increase-on or about 9/1/07
20
5- 10% below median corresponding salary increase-on or about 7/1/08
21 10- 15% below median corresponding salary increase-on or about 7/1/09
15%-20% below median corresponding salary increase-on or about 7/1/10
22
20%cap on salary increases
23 In no event shall any increase be greater than 5% in any fiscal year.
The following Cities are to be used for the classification study:
24
Riverside
25 Moreno Valley
Fontana
1 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALIN
2 RESOLUTION NO.2005-242.
3 Ontario
4 Pomona
And any other entitv agreed to by the parties
5 b. Notwithstanding the provisions set forth in Section(2a)above the
6 implementation of the PrODosed median salary survey may be Postponed by one fiscal year commencin2 the
next fiscal year, if any of the following occur:
7 i. The City's actual General Fund expenditures and revenues being budgeted
8 create a substantial financial anomaly as outlined below:
1. Unfunded state mandates that create a substantial financial anomaly;
9 2. Voter approved changes to the City's Charter that create a substantial
10 financial anomaly;
3. Litigation that would create a substantial financial anomaly;
11 4. Federal,State,or County fees and/or take-aways that create a
12 substantial financial anomaly;
5. Natural disaster or other catastrophic event over which the City has
13 little or no control,e.g.,economic recession and/or depression terrorist attack act of war,which creates a
14 substantial financial anomaly;
15 ii. If the City's Budget Reserve must be used to balance the City's budget
because of a substantial financial anomaly includin staffin required b this Resolution causinp.the Cit '
16 Budget Reserve to fall below 5% of the total General Fund deductions
17 c. In the event of a postponement,the implementation schedule set forth in Section
A,Subsection 1,shall move forward a period of time equal to the period of such postponement
18 2. A five peFeent(51%)Sfl1Rn'FRnge adjustment that moves the entiFe pay senle upwar-d
0
19 , '
EMetive the payFoll period fellowing Mayor and Common Couneq!nppr-oN,al,a one-
20 and one half per-cent (1.51%) Cost of Living Adjustment (COLA) will be given. Effeetive july 1, 2006, a on
o will be given. COLA'
21 s will Fesult in the entiFe pay seale moving upward by the
22
FOF 00" sflfet)' elassifientions, the City at its expense agrees
classification and eompensation study of W! Management/Confidential elassifientions. The 9-.+.,r-49—
23
that the study will be eompleted on or about September 1,2007. 1
24 3. Annually,all non-safety management and confidential employees who have not yet
25 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
2 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 for employees initially hired at Step 1,and twelve months between all other steps.
4 4. Elected officials, the Civil Service, Library and Water Boards may determine whether of
not to conduct performance evaluations in writing. In the absence of a written performance evaluation, elected
5 officials,the Civil Service,Library and Water Boards may give Step increases not to exceed five percent(5%).
6 5. All other management and confidential employees shall be evaluated in writing.
a. Evaluation of department heads and heads of divisions within the City
7 d ' Manager's Office will be performed by the City Administrator-City Manager
g the Mayo
b. Evaluation of other management/confidential employees, will be performed by
9 I the department or division head. In the case of divisions within the/wit. Administrator-City Manager's Office,the
10 division head will perform the evaluation of the management/confidential employees in that division and may be
reviewed by the City Ad miHiStFilto -City Manager. Evaluation forms for these employees will be provided by th
11 Human Resources Department.
12 6. Recommendations for increases shall be submitted to payroll on a form provided by
Finance at least thirty(30)days prior to the expiration of the evaluation period.
13 a. Recommendations for salary advancement of a department or division head
14 1 within the City dminist ' City Manager's Office, shall be submitted by the Cat), AdminisWatorCit
Manager.
15
b. Recommendations for salary advancement of the Civil Service Chief Examine
16 shall be submitted by the Civil Service Board.
17 C. Recommendations for salary advancement of the City Librarian shall be
submitted by the Library Board.
18 d. Recommendations for salary advancement of employees of elected officials
19 with the exception of the Council Office,shall be approved and submitted by the Elected Official.
e. Recommendations for salary advancement within the Council Office shall be
20 submitted by the Council Committee.
21
f. Recommendations for advancement of all other management/confidential
employees shall be submitted by their respective department heads.
22 C. Insurance(Medical Dental &Vision)
23 Effective January 1 2006 the City shall contribute a maximum of$910.72 per month for
each employee to be used to purchase City-sponsored medical dental vision and life insurance
24 Effective January 1 2008 monthly contributions will be calculated at 10% above the hi hest pai
25 bar2ainin2 izroup contribution amount to be used to purchase City-sponsored medical dental vision and lift
insurance.
3 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 D. Retired Employees Medical Insurance
4 1. Regular,full-time Management,Confidential and Unclassified employees who are
enrolled as a subscriber in a City of San Bernardino sponsored health plan at the time of retirement from City of San
5 Bernardino service,shall be eligible to participate in any City of San Bernardino sponsored qualified health plan as
6 retiree providing he/she maintains continuous membership in good standing. Qualifying retirees will receive a
monthly City contribution equal to the current PERS adopted schedule amount per retired employee to be used
7 exclusively for the purchase of medical insurance in any City of San Bernardino sponsored plan.
8 2. Any Police Safety Management employee who retires on or after July 1,2007 from
the City of San Bernardino and who meets the requirements set forth in Section 2(D)(1)for participation in a City
9 of San Bernardino sponsored qualified health plan as a retiree,shall receive from the City of San
10 Bernardino certain employer contributions to such qualified health plan as set forth in Section 2(D)(1)if,upon
retirement,the employee meets all the following conditions:
11 a. The employee must have completed at least twenty(20)years of full-time
12 service as a City of San Bernardino sworn Police Officer on the date of retirement,and
b. The employee must have been awarded a retirement from the Public
13 Employees' Retirement System(PERS)as the reason for separation from City of San Bernardino service,and
14 c. PERS retirement benefits must commence no later than the first day of the
month following the date of separation from City of San Bernardino service.
15 If all conditions set forth in Section 2(D)(2)above are met by the retiring Police Safety Management
16 employee,such employee shall receive employer contributions to a City of San Bernardino sponsored qualified
17 health plan based upon his/her years of service with the City of San Bernardino as follows:
City of San Bernardino Years of Service
18 As a Sworn Police Officer Monthly Contribution
20 $200
19 25
$350
20 30 $450
The above-referenced contribution amounts shall be paid directly to a City of San Bernardino sponsored qualified
21 health plan for the benefit of the Police Safety Management retired employee,with any and all amounts not utilized
22 for the purchase of such health plan reverting back to the City of San Bernardino.
E. Long-Term Disability Insurance
23 The City shall provide long term disability insurance for employees. Subject to the usua
24 provisions and exclusions of such insurance plans, the coverage shall be for sixty percent (60%) of salary after
sixty(60)calendar day elimination period,for a maximum period of two years.An employee shall not be required t
25 exhaust his or her sick leave to receive benefits.
4 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMEN
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 F. Life and Accidental Death&Dismemberment(AD&D)Insurance
4 The City shall provide Term Life and Accidental Death and Dismemberment Insurance of fifty
thousand dollars($50,000)for Management employees and twenty-five thousand dollars($25,000)for Confidential
5 employees.
6 G. Department Head Allowance
A Department Head is entitled to an allowance of fifty dollars($50)per month to cover various
7 work-related expenses. The allowance shall not accumulate from month to month. Sums provided hereunder shall be
8
I on a reimbursement basis under a system to be developed by the CAty "a..,:.,:..«...,« City Manager.
H. Uniform Allowance
9 Police
10 1• Once each fiscal year,each Police Safety Management member shall receive an annual
uniform allowance of six hundred dollars($600)to be paid in a lump sum amount during the first pay period of
II March.
12 Effective March 15,2006,each Police Safety Management member shall receive an annual uniform
allowance of$800 to be paid in a lump sum. Police Safety Management members who already received the$600
13 uniform allowance on March 15,2006,will receive the additional balance of$200 to be paid on or before November
14 30,2006.
Effective March 15,2007,each Police Safety Management member shall receive an annual uniform
15 allowance of$875 to be paid in a lump sum.
16 Effective March 15, 2008, each Police Safety Management member shall receive an annual uniform
17 allowance of$950 to be paid in a lump sum.
Fire
18 1. The City shall furnish and replace as needed the following items:
19 Four(4)work shirts;
Three(3)pairs of work trousers;
20 Safety boots or shoes.
I. PERS
21
Non-Safety Employees:
22 1_ Any non Safety empleyee hired on or-afteF january 1, 1998,the Cit�,will pay Aive
0
23 (5, of the members' contFibution to PERS ffe&ed to the employee's account as a ffinge benefit. Upon said
employee completing five (5) year-s of set:vice, the City will pay two per-cent (20%) additional of the member-s'
24 contribution to PERS C-Fedited to the employee's account as a 4inge benefit on the fiFSt pa�' period of the sixth yeat
25 of setwice Effective July 1 2007 the City shall Day the full 7% members' contribution for all em to ees in the
group in regard to the 2% C 55 retirement benefit. Effective January 1 2008 the Citv shall
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I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 pay the full 8% of the members' contribution for all employees in the p_roup in regard to the 2.7% 5
retirement benefit.
4
2. ° 55 FetiFement benefit to oil non safety employees
5 . Effective January 1 2008 the City shall Drovide the
6 2.7%(&55 PERS retirement. All costs for providing such retirement benefit shall be paid by the City.
3. The City has amended the PERS contract to allow employees to buy back previous
7 eligible time,tax deferred,after the employee contacts PERS and obtains their approval.
8 4. The City has contracted with PERS to provide Section 21574, Fourth Level of 195
Survivor's Benefits. All associated costs of this benefit will be borne by the employee.
9 Safety Employees:
10 1. As of December 31, 1999,the City will pay the nine percent(9%)employee contributio
11 to PERS for safety employees.
2. The City agrees to pay the employer contribution for the 4th level of 1959 Ssurvivor'
12 benefit for fire management employees.
13 3. The City shall provide the 3% @ 55 retirement benefit formula for fire and police
management employees.
14 4. Effective December 31 2008 the City will amend the PERS contract to implement
15 the 3%Ca 50 formula.
45. The City adopted Resolution No. 2000-351 with an implementation date of January 1
16 2000, for paying and reporting the value of the Employer Paid Member Contribution(EPMC)under the guideline
17 of Government Code Section 20636(c )(4) pursuant to Section 20691. The City will report the nine percent (9%
Employee Contribution as Special Compensation under the current PERS laws.
18 For purposes of determining overtime compensation and other salary payments, including
19 but not limited to, payoff sick leave, vacation accruals, holiday accruals and comp time balances, the
aforementioned nine percent(9 1/6)base salary increase shall not be considered.
20 6. The City shall provide a tax-qualified defined benefit plan to provide supplemental retirement
21 benefits based on the difference between CalPERS' 3% @ 55 Plan and 3% @ 50 Plan for Police Safety
Management employees with 20 or more years of service. This agreement shall be in effect until December 31
22
2005. Until that time, the costs associated with this plan will be paid by the City. Police Safety Managemen
23 employees' share of ongoing costs after December 31,2005 will be subject to future discussions.
24 To qualify for supplemental retirement benefits based on the difference between CalPERS
3%@ 55 Plan and 3%@ 50 Plan,employees must meet all of the following qualifications between
25 January 1,2004 and prior to December 31,2005.On July 5,2005,this benefit was extended for the period effective
January 1,2006,and prior to December 31,2008:.
6 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMEN
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALIN
2 RESOLUTION NO.2005-242.
3 a. Must be 50 years of age;
4 b. Have 20 or more years of service with the City of San Bernardino;and
c. Be eligible for retirement and concurrently retire with PERS;or
5 I d. Meets the eligibility requirements for an industrial disability retirement with the City
6 of San Bernardino.
When retiring,employees must retire from the City of San Bernardino.
7 I 7<a. FLSA Issues: If the City agrees to implement the 3% @ 50 PERS Retirement Benefi
8 during the term of this side letter,the Police Safety Management members agree to recognize their status as Exemp
employees and as such agree to waive any and all claims,past and future,regarding this issue.
9 J. Education Incentive Pay
10 All Safety Management members shall be entitled to receive,in addition to their regular salary and
as may be appropriate,one of the levels of incentive payment as outlined below:
11 Fire
12 1. All Fire Safety members who obtain a State Fire Officer Certification shall receive an
additional one hundred fifty dollars($150)per month above base salary;or,
13 I 72. All Fire Safety members who obtain a State Chief Officer Certification or completion o
14 the National Fire Academy Executive Fire Officer Program shall receive an additional two
hundred fifty dollars($250)per month above base salary.
15
Police
16 1. All Police Safety members who obtain a POST Intermediate Certificate shall receive two
hundred dollars($200)additional compensation per month;
17
2. All Police Safety members who obtain a POST Advanced Certificate shall receive two
18 hundred fifty dollars($250)additional compensation per month;
19
3. All Police Safety members who obtain a POST Supervisory Certificate shall received two
hundred seventy-five dollars($275)additional compensation per month. shall be paid each member
20 4. All Police Safety members who obtain a POST Management Certificate shall receive foul
21 hundred fifty dollars($450)additional compensation per month.
K. Overtime
22 Employees will receive overtime compensation in accordance with the Fair Labor Standards Ac
23 (FLSA).
L. Administrative Leave
24 All forty (40) hour/week FLSA exempt employees in lieu of monetary compensation shall be
25 assigned eighty (80) hours of Administrative Leave and shift FLSA exempt employees shall be assigned on
hundred twenty(120)hours of such leave each July 1.Administrative Leave shall not be carried beyond the end of
7 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALIN
2 RESOLUTION NO.2005-242.
3 any fiscal year and shall not be paid for at any time.
4 M. Acting Pay
I. The Mayor may assign an employee to discharge the duties of a higher classification fo
5 additional compensation as provided herein, in the event of a vacancy or during the temporary absence of an
6 employee.
2. An employee assigned to acting duty in writing by the Mayor shall receive acting duty
7 pay as follows:
8 a. Non-safety employees, acting in a higher position, below the level o
Department/Division Head,shall receive acting duty pay on the sixth consecutive work day of each acting duty
9 assignment.No acting duty pay will be paid for the fast five work days of each acting duty assignment except for an
10 employee who has served a twenty day demonstration period during the previous twenty-four (24) months, as
recorded in the employee's official personnel and/or Civil Service record.The entire period of the acting duty
11 I assignment at the higher classification, including the initial work demonstration period may not exceed sixty(60
12 working days except by the mutual agreement of the Mayor and Common Council and the employee.
b. Non-safety employees acting as Department Head or Division Head shall be
13 eligible for acting duty pay on the first work day of each such assignment.
14 C. Safety employees'acting duty pay shall be governed by Charter Section 186.
23. Acting pay for non-safety employees shall be the first step of the salary range for the
15
acting position next above the employee's regular salary,which would provide the acting employee at least a five
16 percent(5%)salary increase.
17 4. Upon any subsequent service of a non-safety employee who completed a prior actin
duty assignment in the same higher acting position, compensation at the higher rate shall commence upon the firs
18 date of such subsequent service.
19 5. It is not the intent of this subsection to provide such compensation for vacation relief of
for limited,short-term absences.
20 N. Annual Physical Exam
21 An annual physical examination is available for all participants. The City shall pay for medical
fees for the physical examination of said employees. Reimbursement to the employee for the examination shall no
22 exceed one hundred seventy-five dollars($175).
23 O. Deferred Compensation
The City shall execute an agreement with a carrier to provide a deferred compensation plan for all
24 participants provided the Association concurs with the selection of the carrier and the plan.
25 P. Employee Assistance Program
All participants shall be able to receive counseling in problem-solving personal and emotional
8 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 matters through the City's Employee Assistance Program(EAP).
4 Q. Vacation Leave
5 1. All Participants Shall Accrue: Ten (10) days of paid vacation upon the first day of the
second year of continuous full-time employment with the City of San Bernardino. Thereafter, vacation shall accrue
6 each pay period prorated according to the number of days or shifts per year in the following chart:
7 40 Hr/Week 56 Hr/Week
Completed Years of Employee Days Employee Shifts
8 Continuous Service Per Year Per Year
1 10 5
9 5 15 7-'h
15 20 10
10
20 25 12-'/2
11 *No vacation shall be granted if service is less than one(1)year.
12 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. Vacations or portions thereof from any on
13 year so accrued may run consecutively with vacations or portions thereof of the next succeeding year.
14 3. In the event an employee works less than fifty percent (50%) of the total normal work
hours in a pay period,he/she shall not be credited with any vacation leave for such pay period. Approved vacation
15 ( sick,holiday,and Aadministrative Leeave shall be considered as time worked for this item only.
16 4. When an employee resigns or otherwise leaves the service of the City,payment shall be
made to the employee for the earned portion of his/her vacation on the basis of the hourly rate of pay being receive
17 by the employee on the date of separation.
18 Police
5. Police Safety Management members may sell back up to forty (40) hours of vacation
19 time per year providing that the following conditions have been met:
20 a. Police Safety Management members must have a minimum of one hundred
went (120)hours in their vacation balance before sell back occurs.
21 b. Police Safety Management members must have taken a one-consecutive (1
22 week vacation during the past calendar year prior to the sell back of hours.
C. Eligible Police Safety Management members shall notify the Financ
23 Department by August 1 of his/her request to sell back for the prior fiscal year ending June 30.
24 d. The City shall compensate eligible Police Safety Management members on the
25 first payday in September.Compensation will be calculated using the June 30'h hourly rate.
9 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 R. Tuition Costs
4 All participants shall be reimbursed for selected tuition costs and textbooks for previous)
5 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 fo
6 up to six (6)units per quarter as charged by Cal State University, San Bernardino, or up to one-and-a-half(1-1/2
times that amount if based on a semester.
7
S. Sick Leave
8 All participants shall be granted six (6) working days of sick leave or a half('/2) shift for shiti
9 employees after six(6)calendar months of continuous service. Thereafter,sick leave as herein provided shall accru
at a rate of eight(8)hours per month, four(4)hours per pay period or a half('/z) shift per month for approximate)
10 six(6.0) hours per pay period for shift employees. In the event an employee works less than fifty percent(50 1/6)o
11 the total normal work hours in the pay period,he/she shall not be credited with any sick leave for such pay period.
Approved vacation,sick leave,holiday or administrative leave shall be considered as time worked for the purpose of
12 computing sick leave benefits only. Whenever an employee uses all allowable sick leave, further absences may be
13 charged against accrued vacation or with department head approval,the employee may take loss of pay rather than
vacation.
14 1. Sick leave means the absence from duty of an employee because of illness or injury,
15 exposure to contagious disease, attendance upon a member of his/her immediate family who is seriously ill an
requires the care of or attendance of an employee, or death in the immediate family of the employee. Immediat
16 family means: husband, wife, grandmother, grandfather,mother, father, sister, brother, son or daughter, mother-in-
17 law,father-in-law,sister-in-law,brother-in-law,son-in-law or daughter-in-law.
2. Upon the Department Head's request, an employee must provide a physician's statemen
18 to justify a sick leave of five (5) consecutive days or two-and-a-half(2-'/z) shifts or longer. If the department head
19 finds with just cause that sick leave is being abused,the employee may be required to submit a physician's statemen
after any absence.
20 3. No absence due to illness or injury in excess of five (5) working days or two-and-a-hall
21 (2-'h) shifts shall be approved except after the presentation of satisfactory evidence of illness or injury; namely
certificate from a practicing physician or an authorized practicing chiropractor approved by the 04
22
r#.dministraterCity Manager. The Mayor and Common Council shall have the power to require that any person
23 claiming the sick leave benefits of this resolution be examined at any reasonable time or intervals by the City'
24 designated physician, and in the event of an adverse report to reject such claim for sick leave, in whole or in part
and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination
25 after notification, the City "dm*n*stFa4 FCity Manager may terminate sick leave compensation and reject an
claim therefor.The City Administm4oFCity Manager shall have the right to require the presentation of a certificate
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AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3
from a practicing physician stating that an employee is physically or psychologically able to perform his/her wor
4 and duties satisfactorily before permitting an employee who has been on sick leave to return to work.
5 4. In order to receive compensation while absent on sick leave,the employee shall notify
his/her immediate supervisor prior to or within four(4)hours after the time set for beginning his/her daily duties,o
6 as may be specified by the Head of his/her Department.
7 5. When absence is for more than one(1)work day,the employee may be required to file
physician's certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence.
8 6. Whenever an employee is compensated hereunder for sick leave or injury and has not had
9 a vacation at the end of the current calendar year, he/she shall be allowed to take his/her vacation in the next
calendar year.
10 7. Whenever the term "service of the City" appears herein, it shall be deemed to include all
11 service to the City of San Bernardino, the San Bernardino Board of Water Commissioners and the San Bernardino
Free Public Library Board.
12 8. Sick leave may be accumulated without limit and approved time off with pay for sic
13 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 without pay. The words "working day" shall mean a normal day to
14 which an employee has been assigned to work.
15 9. Unused sick leave is payable upon resignation, retirement or death, except dismissal o
resignation with prejudice at fifty percent(50 1/o)of total accumulated hours.There is no cap or service requirement.
16 T. Injury Leave
17 All non-safety employees shall be granted industrial accident and illness absence with full pay fo
each such accident or illness for the first seven(7)calendar days of their disability.Effective with day eight(8)of
18 the necessary absence for such illness,each employee shall be authorized,upon his/her written request,to utilize an
19 balance of his/her accumulated sick leave or vacation credits to augment the amount of temporary disability
compensation received to the extent that the total sum received will result in a payment equal to his/her regular an
20 normal compensation. The utilization of sick leave for this purpose shall end with termination of the temporary
21 disability or when the accumulated sick leave credits have been exhausted,whichever occurs first.
22 When injury is sustained in the course and scope of employment with the City by a safety
employee, said employee shall be compensated under the provisions of the Workers' Compensation Insurance an
23 Safety Act of California and not under the provisions of this resolution; provided that he/she shall be reimburse
24 pursuant to the provisions of California Labor Code Section 4850 during the first three hundred sixty-five(365)day
of disability.
25 Safety employees who are receiving payments under Labor Code Section 4850 shall accrue
vacation,sick leave and holiday credits during such absence from duty.
11 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 When any employee is off duty on injury leave and has not had a vacation at the end of the Curren
4 year,he/she shall be allowed to take his/her vacation in the calendar year he returns to duty.
When an employee sustains what he/she believes to be an industrial injury or illness,the employe
5
shall notify the supervisor immediately, or as soon as possible. The employee shall prepare and submit a report o
6 injury or illness, and the supervisor shall prepare the supervisor's report, and make distribution. In the event the
employee is unable to prepare the report within twenty-four (24) hours, the supervisor or a member of the
7
division/department staff shall prepare the required report. Benefits will not be paid, until the required reports have
8 been filed with Human Resources, and a doctor's first report of injury or illness has been received. The employe
9 has the right to be examined and treated by a physician of their choice, within the required time, for the allege
injury or illness,as required by the California Labor Code.
10 The City shall have the right to require the employee be examined by a physician designated by
11 the City, to assist in determining the length of time during which the employee will be unable to perform the
assigned duties,and if the disability is attributable to the injury involved.
12 Should there be a dispute between the physician selected by the City and the physician selected by
13 the employee, a third physician shall be mutually agreed upon between the employee and the City to examine the
employee,to assist in making necessary medical determinations.
14 U. Reasonable Suspicion Testing
15 1. Employees will participate in a reasonable suspicion testing program for drugs an
alcohol, following the Reasonable Suspicion Drug/Alcohol Testing procedure described in the City of San
16 Bernardino's policy on Drugs and Alcohol Testing of Employees with Commercial Driver's Licenses.
17 I €1-2. 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'
18 Driver's Licenses participate in reasonable suspicion drug and alcohol testing, as outlined in the Fire Safety
19 I Employee's MOU_
3. All supervisors will receive training consisting of at least six (6) hours on identification
20 of actions,appearance or conduct,which are indicative of the use of drugs or alcohol.
21 4. A Supervisor must directly observe and document the behavior on a reasonable suspicion
checklist. Reasonable suspicion may not be based on hearsay.
22
V. Leave of Absence Without Pay
23 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
24
period not to exceed six (6) months, upon the positive recommendation of the Department Head and the Ci
25 City Manager.Under justifiable conditions,said leave may be extended by the Mayor and Common
Council for additional periods.Leave of absence without pay will be considered favorably if it is expected that the
12 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 employee will return to duty and that at least one of the following benefits will result: increased job ability,
4 protection or improvement of the employee's health,retention of a desirable employee, or furtherance of a program
of interest to the City.Examples of or conditions for which a leave of absence without pay may be granted are:
5
1. For an employee who is a disabled veteran requiring medical treatment;
6 2. For an employee who is temporarily mentally or physically unable to perform his/he
duties;
7
3. For an employee who files for or assumes elected office;
8 4. For maternity or paternity leave,upon the recommendation of the attending physician;
9 5. For military leave when the employee has less than I year of service to qualify for leave
with pay.
10 An approved leave of absence without pay for less than sixty(60)days in any calendar year will
not be considered a break in service. Leave in excess of sixty (60) days shall result in the advancement of the
11
employee's anniversary date and compensation advancement date to such date as will account for the total period of
12 uncompensated time off.Failure to return to duty at the expiration of the approved leave shall constitute an
13 abandonment of the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecute
consistently therewith.
14 Employees who are called to active duty as a result of the activation of military reservists
15 beginning in September 2001,due to the crisis related to terrorist attacks on America,and who are eligible to receiv
the thirty(30)calendar day military leave compensation in accordance with Military Code Section 395 et seq., shal
16 receive the difference between their regular City salary, as established by Resolution No. 6413 and their tota
17 military salary, starting the 3151 calendar day of military leave. The difference in salary shall continue for up to on
year of active military service,which includes the thirty(30)days provided for in this section.During this one-year
18 period, the City will continue to provide the employee the benefit plan as was provided prior to such active duty.
19 Payment into the PERS retirement plan will be made on a prorated basis.Any employee activated prior to December
I, 2003 will be eligible to receive up to a maximum of one year the-- of benefits described above. Employee
20 activated after December 1, 2003 will not be eligible for any benefits beyond those mandated by law, unless the
21 Mayor and Common Council expressly approve such compensation. This compensation provision applies to those
employees who are involuntarily called to active military duty.
22
The compensation provision does not include an employee's attendance at weekend reserve
23 meetings or drills. Employees must use their own time to attend such meetings. Should the meetings unavoidably
conflict with an employee's regular working hours, the employee is required to use vacation leave, holiday time
24
compensatory time off, or leave without pay. Employees who are called in for a medical examination to determine
25 physical fitness for military duty must use vacation leave or leave without pay. The thirty (30) day compensation
provision also applies to any employee on military leave,other than temporary military leave,who is ordered into
13 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 active military duty or is inducted,enlists,enters,or is otherwise called into active military duty.
4 A copy of military orders must accompany the "request for leave" form and copies of military
earnings statement must be provided to the City on a monthly basis. Employees who are eligible for military leave
5
compensation will be placed on a leave of absence with the right to return to their positions.The detailed procedure
6 for processing and payment will be discussed and established between the City of San Bernardino Finance
Department and the affected employee.
7
W. No-Pay Status
8 If an employee does not have time reported to payroll during a pay period resulting in no payrol
9 check issued,they will be considered on no-pay status. The Finance Department will bill the employee for both th
employee and employer portions of their Insurance Benefits. This will be in effect for any and all pay periods durin
10 the time employee is on no-pay status. Employees can voluntarily cancel insurance benefits by contacting the
11 Human Resources Department. If an employee chooses to cancel their health benefits, they will be subject to re
enrollment pursuant to PERS guidelines. In circumstances in which either the Federal Family Leave Act or the State
12 Medical and Family Leave Act apply,the City shall adhere to the requirements of the Acts.
13 Notwithstanding any other provision of this section to the contrary,the City will continue its
contribution for health and life insurance premiums of an employee on no pay status or leave of absence due to an
14 injury or illness arising out of and in the course of his/her employment with the City.
15 X. The City a rees to participate in the Post Employment Health Plan PEHP in accordance
with the terms and conditions of the Plan's Participation Agreement.
16 YX. Holidays
17 All participants shall receive the following paid holidays:
New Year's Day January 1
18 Martin Luther King Day 3rd Monday in January
19 President's Day 3rd Monday in February
Memorial Day Last Monday in May
20 Independence Day July 4
21 Labor Day First Monday in September
Veteran's Day November 11
22
Thanksgiving 4th Thursday in November
23 Day After Thanksgiving 4th or 5th Friday in November
Christmas Eve December 24
24
Christmas Day December 25
25 New Year's Eve December 31
Two(2)Floating Holidays(18 holiday hours)
14 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 Holidays listed above shall be allowed on a Monday, if any such holiday falls on Sunday, an
4 shall be allowed on the preceding Friday, if such holiday falls on a Saturday,for all employees except those covere
by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and th
5
holiday eves will be observed on Mondays and Tuesdays.
6 srr etiy. j.,....ary 1, 2006, .,Non-safety employees shall accrue nine (9) hours of holiday time
per holiday. Two (2) floating holidays will equal 18 holiday hours and will be placed into the employee's holiday
7
account at the beginning of each calendar year.
8 In lieu of the above, shift employees shall accrue six-and-a-half(6-'/z) shifts per calendar year,
9 accrual at six(6)hours per pay period.
Holidays earned in any twelve- 171 month (12)-month period are not accumulative beyond the
10 total number of holidays allowed each year by this pay plan.
11 If a holiday falls on a nine—(9)or ten—(10)hour work day, the employee will be paid eight(8
hours holiday pay. The employee may supplement the holiday with accrued vacation, holiday account time, or no
12 I pay. Effeetive january 1,2006,tTh e employee will be paid nine(9)hours holiday pay.
13 If new employees elect to"draw down"from the holiday account,the hours used will be deducted
from the sixteen(16)holiday account hours they receive upon the completion of six(6)months of continuous
14 service. Effective January 1, 2006, employees may draw down from the eighteen (18)hours holiday account upon
15 completion of six(6)months of continuous service.
In the event of the employee's failure for any reason to take such holiday account hours during the
16 term of this Resolution, the employees shall be paid for his/her holiday account balance, upon separation from the
17 City.Effective January 1,2006,employees may accrue a total balance of a maximum of 126 hours.
Police
18 Police Safety Management members may sell back up to one quarter(25%)of their annual holiday
19 leave.Maximum sell back will be 28 hours.Eligible employees shall notify the Finance Department by August 1,o
his/her request for sell back for the prior fiscal year ending June 30. The City shall compensate eligible employee
20 on the first payday in September.
21 Effective January 1, 2006, safety employees will accrue nine (9) hours per holiday. Holiday
earned in any twelve-month period are not accumulative beyond the total number of holidays allowed each year by
22
this pay plan.Employees may not exceed a balance of 126 hours at any time.
23 I Z\. Benefits Reopener
24 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 requirements of Section 89 of the Tax Reform
25 Act of 1986.If existing non-taxable fringe benefits are found to be taxable pursuant to new law,regulations or
15 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3
interpretations,the City agrees to discuss implementation of alternate forms of compensating affected employees to
4 minimize their tax liability.
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16 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 SECTION 3.Resolution No.2005-242 is hereby repealed in its entirety.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and the Common Council o
4
the City of San Bernardino at a Joint regular meeting thereof, held on 20th day o
5 —August g ,2007,by the following vote,to wit:
6
7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
ESTRADA g
8 BAXTER
9 BRINKER X
10 DERRY x
KELLEY %
11 JOHNSON X
MCCAMMACK X
12
13
Rachel G.Clark,City Clerk
14
15 The foregoing resolution is hereby approved this day of August ,2007.
16
7 J 50msc .of Sern
17
Approved as to form:
18
JAMES F.PENMAN,
19 City Attorney
20
By: .
21
22 Agenda Items:Reso.Mgmt.Conf.Update.2007
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17 Management/Confidential