HomeMy WebLinkAboutR09-Redevelopment Agency
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DBVBLOl'IIIIr DBP............. OF THE
crn OF lWI -AllntlO
DODJI:sr PO. COIMISSIOII/COUIICn. ACTION
From:
ICUNETH J. BEBDERSON
Executive Director
Subject: BCOIOIIIC DBVBLOPIIEBr
AGBlICY IU.AQnu-.c ABD
COIIFIDDrIAL DIPLOYEE
COIIPBIISATIOII ABD BENEFITS
PLAlI
Date:
April 11, 1991
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Synopsis of Previous C_issiCllllC01IIlCil/c-ittee Action:
On April 4, 1991, the Redevelopment Committee recommended these items
be forwarded to the Community Development Commission for consideration.
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lec_ended Action:
(C~..tv Develftl'aMlt C~f.8ion)
RESOLUTION OF THE COil_ad'! DBVBLOPIIEIT COIIIISSION OF THE CITY OF SAN
BDlWlDDO. CALIPORIIIA. BS'UBLISJIIlIG THE BCOIOIIIC DBVBLOPIIEIT AGDCY
1WIAGmum: ABD COBFIDDrIAL DIPLOYEE CUnr_SAnON ABD DIUU5C.lTS PLAlI.
Developaent
ON. becutive Director
taent
Contact Person:
I:en Henderson
Phone:
5065
Project Area(s):
All Proieet Areas
Ward(s):
1 through 7
Supporting Data Attached:
Staff Renort: Resolution
FUNDING REQUIREMENTS:
Amount: $ NIA
Source:
Budget Authority:
CommissiCllllCouncil Notes:
KJH:lab:0165N
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Agenda Item No:
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DBVILOPIIIIIr DBPAL..ma.r
SUFF DPORT
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WDA Ma"'..l!!IH!Ilt aft" Confidll!!lltial -.mlovee
,..IWIft.....atlon aft" BMU_fita Plan
The Mayor and CODDon COlDlcil and COIIIIIIUI1ity Development C_ission have
previously authorized certain actions in connection with the
restructuri\1& of the Iconomic Development Agency (IDA). As a part of
the restructuri\1& of the CODDission and decisions made relative to the
approved organizational and staffi\1& plan, staff has prepared a
Management and Confidential Employee Compensation and Benefits Plan.
Due to the len&th and complexity of the document in question, the plan
was previously provided to the CommlDlity Development Commission lDlder
separate cover (April 2, 1991).
This item, in conjlDlction with the Personal Policies and Procedures for
Economic Development Agency (IDA) General Unit .Ig>loyees and
~id-Managers (these items are contained elsewhere in your agenda
.packet), places all IDA employees under Commission-approved personnel
policies and procedures. Said pOlicies and procedures have lDldergone
extensive staff and legal review by the Agency and Special Counsel.
In connection with the City Attorney's memorandum to the Mayor dated
March 28, 1991, regardi\1& the status of IDA employees, the changes
recommended by the City Attorney, most importantly changi\1& the status
of IDA employees from City employees to Commission employees, have been
made. The issues raised have been satisfactorily resolved by reason of
the restructuri\1& of the Commission as it is now bei\1& proposed.
Staff recommends adoption of the attached Resolution.
Oil, IXecutive Director
Develo.-ent Depa tment
XJlI: lab: 16SlI
COIBISSIOII IlElrIIIG
Meeti\1& Date: 04/15/1991
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n Action to
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Item:
be Taken:
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COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
April 15, 1991
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
ESTABLISHING THE ECONOMIC DEVELOPMENT AGENCY
MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION
AND BENEFITS PLAN
Adopt Resolution.
Certified copy of Resolution to be returned to Sabo & Green, a
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caused a restructuring of its Community Development Department
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
ESTABLISHING THE ECONOMIC DEVELOPMENT AGENCY
MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION
AND BENEFITS PLAN
WHEREAS, the City of San Bernardino (the "City") has
and Community Development Commission (the "Commission") in order
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to promote the goals and activities of community and economic
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development and redevelopment activitiell within the City; and
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Economic Development Agency (the "Agency"), and the restructuring
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WHEREAS, in connection with the establishment of the
of the previously existing Redevelopment Agency of the City of
San Bernardino and Commission operations and functions, the
Commission deems it desirable to approve a certain Management and
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Confidential Employee Compensation and Benefits Plan; and
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WHEREAS, the Commission deems it desirable at this time
to codify the compensation and benefits granted to management and
confidential employees:
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BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The Commission hereby establishes a
Management and Confidential Employee Compensation and Benefits
Plan which defines the salary and benefits of those employees
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1 whose positions are a part of management and wages and benefits
2 for those employees whose positions are part of confidential.
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SECTION 2: The Management and Confidential Employee
Compensation and Benefits Plan (the "Plan") shall be as follows:
A. Classifications. All classifications listed on
Attachment "A" hereto shall be covered by this Plan.
B.
CO.1)en.a~ion.
1. The top step of the salary ranges for
classifications covered by this Resolution shall be
increased by 5' effective the first pay perioc:l beginning in
January, 1992. The Commission shall consider granting a
cost-of-living adjustment each succeeding January.
2. A salary survey shall be conducted in oc:ld numbered
years, beginning in 1991, by an independent firm selected by
the Commission. The survey shall compare salaries of the
classifications covered by this Resolution with like or
similar classifications in other similarly situated
municipalities.
The Commission, or a duly authorized representative
thereof, shall meet with the Economic Development Agency
Administrator and agree upon a plan for implementation of
the adjustments as indicated by the survey. Implementation
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shall be effective the first pay period beginning in
January, 1992.
3. A benefits survey shall be conducted in even
numbered years, beginning in 1992. The survey shall compare
benefits of the classifications covered by this Resolution
in other similarly situated municipalities.
The Commission Chairman and Secretary, or a duly
authorized representative thereof, shall meet with the
Economic Development Agency Administrator and agree upon a
plan for implementation of such adjustments as indicated by
the survey. Implementation shall be effective the first pay
period beginning in January, 1993.
C.
rnsurance (Medical. Dental. and Vision\.
The
17 Agency's contribution to the Plan for each employee shall be an
18 amount equal to the monthly premium for the available PERS family
19 medical plan, and Agency sponsored family dental and vision plans
20 having the highest premiums. Available PERS medical plans
21 include those plans in which active employees may enroll.: This
22 contribution may be used to purchase Agency sponsored medical,
23 dental, vision, life and long term disability insurance.
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25 D. Medical Contribution. The Agency shall contribute
26 a maximum of $16.00 per month per employee to be used exclusively
27 for the purchase of medical insurance benefits. This amount is
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1 contribution. An employee must purchase medical insurance
2 offered through the Agency in order to utilize the contribution
8 described in section C.
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20 H. OVertime. Employees will receive overtime
21 compensation in accordance with the Fair Labor Standar4s Act
22 (FLSA).
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24 I. Administrative Leave. All 40 hour/week FLSA
25 exempt employees in lieu of monetary compensation shall be
26 assigned 56 hours of Administrative Leave and Administrative
27 Leave shall not be carried beyond the end of any fiscal year and
28 shall not be paid for at any time.
E. Lona Term Disabilitv Insurance. The Agency shall
provide long term disability insurance for employees. Subject to
the usual provisions and exclusions of such insurance plans, the
coverage shall be for 60t of salary after a 30 calendar day
elimination period, for a maximum period of one year. An
employee shall not be required to exhaust his or her sick leave
to receive benefits.
F. Life and AD&D Insurance. The Agency shall provide
Term Life and Accidental Death and Dismemberment Insurance of
$50,000 for Management and Confidential employees.
G. ~. All employees shall receive full commission
payment of the employee contribution to PERS.
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J. Act:incr Pav.
1. The Agency Administrator or Executive Director,
Development Department, may assign an employee to discharge
the duties of a higher classification for additional
compensation as provided herein, in the event of a vacancy
or during the temporary absence of an employee. A temporary
assignment shall be subject to confirmation by the
Commission at its next meeting at which it can be
considered.
2. An employee assigned to acting duty in writing by
the Agency Administrator or Executive Director, Development
Department, shall receive acting duty pay as follows:
a. Employees acting in a higher position, below
the level of Department/Division Head shall receive
acting duty pay on the sixth consecutive work day of
each acting duty assignment. No acting duty pay will
be paid for the first five work days of each acting
duty assignment except for an employee who has served
a twenty day demonstration period during the previous
24 months, as recorded in the employee's official
personnel record. The entire period of the acting duty
assignment at the higher classification, including the
initial work demonstration period, may not exceed 60
working days except by the mutual agreement of the
Commission and the employee.
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19 K. Annual Phvsical Exam. An annual physical
20 examination is available for all participants. The Agency shall
21 pay for medical fees for the physical examination ot said
22 employees. Reimbursement to the employee for the examination
23 shall not exceed $175.00.
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25 L. Deferred Comnensation. The Agency shall execute
26 an agreement with a carrier to provide a deferred compensation
27 plan for all participants.
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b. Employees acting as Department Head or
Division Head shall be eligible for acting duty pay on
the first work day of each such assignment.
3. Acting pay for employees shall be the first st~p
of the salary range for the acting position next above the
employee's regular salary, which would provide the acting
employee at least a 5' salary increase.
4. Upon any subsequent service of an employee who
completed a prior acting duty assiqnment in the same higher
acting position, compensation at the higher rate shall
cOllllllence 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.
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1 M. Emalovee Assistance Proaram. All participants
2 shall be able to receive assistance and counselinq in solvinq
3 personal and emotional problems throuqh an Employee Assistance
4 proqram at Aqency expense.
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N.
Vacation Leave.
1. All participants shall accrue: Ten days of paid
vacation upon the first day of the second year of continuous
full time employment with the City of San Bernardino, the
Redevelopment Aqency of the City of San Bernardino or the
Community Development Commission of the City of San
Bernardino. Thereafter, vacation shall accrue each pay
period prorated accordinq to the number of days per year in
the followinq chart:
40 hr/week
emDlovees
CO_DIeted years of
an
Continuous Service
Per Year
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2. Employees shall not be permitted to work in their
Aqency position in lieu of takinq vacations in order to
receive additional compensation from the Aqency.
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17 o. Tui Hon Costs. All participants shall be
18 reimbursed for selected tuition costs and text books for
19 previously approved job related courses which will increase the
20 value of the employee to the Commission, provided that the
21 employee achieves a passing grade of "8" or better.
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3. Vacation credits aay accrue and accumulate for a
maximum of two years' total accumulated vacation credits on
a carry over basis from year to year.
Vacations or portions thereof from anyone year so
accrued may run consecutively with vacations or portions
thereof of the next succeeding year, subject to the approval
of the department head for positions below department head
level, or the Agency Administrator for department heads.
4. When an employee resigns or otherwise leaves the
service of the Agency, 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 received by the employee on the
date of separation.
P. Sick Leave. All participants shall be granted 6
working days of sick leave after 6 calendar months of continuous
service. Thereafter, sick leave as herein provided shall accrue
at a rate of 8 hours per month or approxiaately 4.0 hours per pay
period. In the event an employee works less than fifty percent
of the total normal work hours in the pay period, he/she shall
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1 not be credited with any sick leave for such pay period.
2 Approved vacation, sick leave, holiday or administrative leave
3 shall be considered as time worked for the purpose of computing
4 sick leave benefits only. Whenever an employee uses all
5 allowable sick leave, further absences may be charged against
6 accrued vacation or with department head approval, the employee
7 may take loss of pay rather than vacation.
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1. Sick leave means the absence from duty of an
employee because of illness or injury, exposure to
contagious disease, attendance upon a member of his/her
immediate family who is seriously ill and requires the care
of or attendance of an employee, or death in the immediately
family of the employee. Immediate family means: husband,
wife, grandmother, qrandfather, mother, father, sister,
brother, son or daughter or mother-in-law, father-in-law,
sister-in-law, brother-in-law, son-in-law or daughter-in-
law.
2. Not more than five days of sick leave within any
calendar year may be qranted to an employee for the c:.are of
or attendance upon members of hiS/her immediate family. Not
more than five days of sick leave may be qranted to an
employee for each absence due to death of a member of
hiS/her immediate family as defined above.
3. Upon the Agency Administrator's or Executive
Director, Development Department request, as appropriate, an
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employee must provide a physician's statement to justify a
sick leave of five consecutive days or lonqer. If the
department head finds with just cause that sick leave is
beinq abused, the employee may be required to submit a
physician's statement after any absence.
4. No absence due to illness or injury in excess of
five workinq days shall be approved except after the
presentation of satisfactory evidence of illness or injury;
namely a certificate from a practicinq physician or an
authorized practicinq chiropractor approved by the Aqency
Administrator. The Commission shall have the power to
require that any person claiminq the sick leave benefits of
this Resolution be examined at any reasonable time or
intervals by the Aqency's desiqnated 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 after notification, the Aqency
Administrator may terminate sick leave compensation and
reject any claim therefor. The Aqency Administrator shall
have the riqht to require the presentation of a certificate
from a practicinq physician statinq that an employee is
physically or psycholoqically able to perform his/her work
and duties satiSfactorily before permittinq an employee who
has been on sick leave to return to work.
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5. In order to receive compensation while absent on
sick leave, the employee shall notify his/her immediate
supervisor prior to or within four hours after the time set
for beginning his/her daily duties, or as may be specified
by the Head of his/her Department.
6. When absence is for more than one work day, the
employee may be required to file a physician's certificate
or a personal affidavit with the Executive Director,
Development Department or Agellcy Administrator, as
appropriate, stating the cause of the absence.
7. Whenever an employee is compensated hereunder for
sick leave or injury and has not had 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.
8. Whenever the term "service of the City" appears
herein, it shall be deemed to include all service to the
City of San Bernardino, the Redevelopment Agency of the City
and the Community Development Commission of the City of San
Bernardino.
9. All full-time employees of the Agency who are
actively on duty, have been in the service of said Agency
for six months or more continuously, and who are compelled
to be absent from their work on account of illness or
injury, shall receive their full salary, wages or
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20 Q. rniurv Leave. All employees shall be granted
21 industrial accident and illness absence with full pay for each
22 such accident or illness for the first seven (7) calendar days of
23 their disability. Effective with Day 8 of the necessary absence
24 for such illness, each employee shall be authorized, upon his/her
25 request, to utilize any balance of his/her accumulated sick leave
26 or vacation credits to aU9lllent the amount of temporary disability
27 compensation received to the extent that the total sum received
28 will result in a payment equal to his/her regular and normal
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compensation for a period of one day for each month of
continuous service; provided that such salary, waqes or
compensation shall cease upon the exhaustion. of all
accumulated sick leave.
a. Said sick leave may be accumulated without
limit and approved time off 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 durinq periods o~ ;leave of absence without
pay. The words .workinq day. shall lIean a normal
eiqht-hour day to which an employee has been assiqned
to work.
b. Unused sick leave is payable upon
resiqnation, retirement or death, except dismissal or
resiqnation with prejudice at 50\ of total accumulated
hours. There is no cap or service requirement.
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1 compensation. The utilization of such leave for this purpose
2 shall end with the termination of the temporary disability or
3 when the aCCUlllulated sick leave credits have been exhausted,
4 whichever occurs first.
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6 When injury is sustained in the course and scope of
7 employment with the COIDIIlission by a safety employee, said
8 employee shall be compensated under the provisions of the
9 Workers' Compensation Insurance and Safety Act of California and
10 not under the provisions of this Resolution; provided that he/she
If shall be reimbursed pursuant to the provisions of California
12 Labor Code Section 4850 durinq the first 365 days of disability,
13 provided further that these payments may be terminated pursuant
14 to the provisions of California Government Code Section 21023.6.
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When any employee is off duty on injury leave and has
not had a vacation at the end of the current year, he/she shall
be allowed to take his vacation in the calendar year he/she
returns to duty.
When an employee sustains what he/she believes t6 be an
industrial injury or illness, the employee shall notify the
supervisor immediately, or as soon as possible. The employee
shall prepare and submit a report of 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 24 hours, the supervisor or a member of the
division/department staff shall prepare the required report.
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1 Benefits will not be paid until the required reports have been
2 filed with risk manaqement and a doctor's first report of injury
3 or illness has been received. The employee has the riqht to be
4 examined and treated by a physician of their choice within the
5 required time for the alleqed injury or illness, as required by
6 the California Labor Code.
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14 Should there be a dispute between the physician
15 selected by the Aqency and the physician selected by the
16 employee, a third physician shall be mutually aqreed upon between
17 the employee and the Commission to examine the employee and to
18 assist in makinq necessary medical determinations.
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20 R. Leave of Absence Without Pav. Leave of absence
21 without pay is a temporary non-pay status and absence from duty
22 qranted at the request of the employee. Leave of absence without
23 pay may be qranted by the Commission for a period not to exceed
24 six months, upon the positive recommendation of the department
25 ead and the Aqency Administrator. Under justifiable conditions,
26 said leave may be extended by the Commission for additional
27 periods. Leave of absence without pay will be considered
28 favorably if it is eXPected that the employee will return to duty
The Aqency shall have the riqht to require the employee
to be examined by a physician desiqnated by the Aqency, to assist
in determininq the lenqth of time durinq which the employee will
be unable to perform the assiqned duties, and if the disability
is attributable to the injury involved.
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1 and that at least one of the followinq benetits will result:
2 increased job ability, protection or improvement of the
3 employee's health, retention of a desirable employee, or
4 furtherance of a proqram of interest to the Aqency. Examples of
5 or conditions for which a leave of absence without pay may be
6 qranted are:
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23 An approved leave of absence without pay for less than
24 sixty (60) days in any calendar year will not be considered a
25 break in service. Leave in excess of sixty (60) days shall
26 result in the advancement of the employee's anniversary date and
27 compensation advancement date to such date as will account for
28 the total period of uncompensated time off. Failure to return to
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(1) For an employee who
requirinq medical treatment;
is
a
disabled veteran
(2) For an employee who is temporarily mentally or
physically unable to perform hiS/her duties;
(3)
office;
For an employee who files for or assumes elected
(4) For maternity or paternity leave,
recommendation of the attendinq physician;
upon
the
(5) For military leave when the employee has less than
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one year of service to qualify for leave with pay.
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1 duty at the expiration of the approved leave of absence without
2 pay shall constitute an abandonment of the position and shall be
3 prosecuted.
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5 The Aqency's contribution towards an employee's health
6 and life insurance premiUllls will not be extended beyond the last
7 day of the month in which a leave of absence without pay beqins
8 if the leave of absence without pay becomes effective durinq the
9 first fifteen (15) days of the month, nor beyond the last day of
10 the next succeedinq month if the leay,- of absence without pay
11 becomes effective after the 15th day of the month, unless the
12 employee returns to work from a leave of absence without pay
13 status prior to the date the Aqency's contribution would be
14 discontinued. In the event the employee desires to maintain full
15 health and life insurance coveraqe while on leave of absence
16 without pay status, she/he may arranqe to pay the insurance
17 premiUllls for the coveraqe desired (both the employee and the
18 employer portions). It is the responsibility of the employee to
19 contact the Aqency'. Accountinq/payroll section in this reqard.
20 The payment of the amount of the premiUllls must be made to the
21 Aqency's Accountinq/Payroll section prior to the date on-which
22 the Aqency's participation will terminate. Payments must be made
23 monthly thereafter until the employee either returns to work or
24 his/her employment with the Aqency is terminated.
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26 Upon an employee's return to work, the Aqency's
27 contribution towards the employee's health and life insurance
28 premiums will beqin on the first day of the month following the
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1 end of the l_ve of absence without pay if that leave of absence
2 without pay terminates between the first and the fifteenth day of
3 the month, or on the first day of the next succeedinq month if
4 the leave of absence without pay terminated after the fifteenth
5 day of the month.
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13 s. Holidavs.
14 followinq paid holidays:
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Notwithstandinq any other provision of this section to
the contrary, the Aqency will continue its contribution for
health and life insurance premiums of an employee on leave of
absence due to any injury or illness arisinq out of and in the
course of his/her employment with the Aqency.
All participants shall receive the
New Year's Day
Martin Luther Kinq Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksqivinq
Day After Thanksqivinq
Day Before Christmas
Christmas Day
Day Before New Year's
Two Floatinq Holidays
January 1
3rd Monday in January
Last Monday in May
July 4
First Monday in September
November 11 ~
4th Thursday in November
4th or 5th Friday in November
December 24
December 25
December 31
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1 Holidays earned in any twelve month period are not
2 accUlllulative beyond the total nUlllber of holidays allowed each
3 year by this pay plan.
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n
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T. Benefits ReoDener. 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 Act of 1986. If
existing non-taxable fringe benefits are found to be taxable
pursuant to new law, regulations or itlurpretations, the Agency
agrees to discuss implementation of. alternate forms of
compensating affected employees to minimize their tax liability.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
- 18 -
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1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO ESTABLISHING THE ECONOMIC DEVELOPMENT AGENCY
2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS
PLAN
3
4
5
6
7
8
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.
It
SECTION 3. Effective Date. This Reselutien shall take
effect upen its adeptien.
I HEREBY CERTIFY that the feregeing Reselutien was duly
adepted by the Cemmunity Develepment Cemmissien ef the City ef
San Bernardino. at a
meeting
thereef, held en the
day of
,
1991, by the fellewing vete, to. wit:
12 Commission M~mhArs:
13 ESTRADA
REILLY
14 FLORES
MAUDSLEY
15 MINOR
POPE-LUDLAM
16 MILLER
17
18
19
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23
AID
BAn
ABSTAIN
Secretary
The feregeing reselutien is hereby appreved this
day ef , 1991.
W.R. Helcemb, Chairman
Cemmunity Develepment Cemmissien
ef the City ef San Bernardino.
24
Appreved as to. ferm and legal centent:
25
26
27 8Il1lOCIOO11DOCI4I1
By:
Agency Ceunsel
28
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Community
Development Commission of the City of San Bernardino, DO HEREBY
4 CERTIFY that the foreqoinq and attached copy of Community
Development Commission of the City of San Bernardino Resolution
5 No. is a full, true and correct copy of that now on
file in this office.
6
7
8
9
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Community Development Commission
of the City of San Bernardino this day of
, 1991.
10
".
Secr::atary of the
Community Development
Commission of the City of San
Bernardino
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0 1
ATTACHMENT "A"
2
3 Manaqement Employees
.
5 Aqency Administrator
Executive Director
6 Deputy Director
Administrative Services Division Manaqer
7 Housinq Division Manaqer
8
9
Confidential Employees
10 -
o.
11 Executive Secretary to Aqency Administrator
Staff Assistant
12 Administrative Secretary
13
0 14
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16
17
18 1IIIIOIOII011IICICW41
19
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23
24
25
26
0 27
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