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~IT~ OF SAN _R'&RDINO - RI!QUI!ST i!b.. COUNCIL ACTION
Gordon R. Johnson
FrCNn:Director of Personnel
Amendment tr Contract Between the City and
lEe'D."AOMIH. ...~t: the Publ ic Employees I Retirement System to
Exclude Certain Temporary Positions from
1988 .lIN *9 AM II: 1t3 PERS Contribution Requirements.
Dept: Personne 1
Dah: June 6, 1988
Synopsis of Previous Council action:
None.
APPROVED BY COUNCIL PERSONNEL COMMITTEE S/l9/88
Rllcommended motion:
iolot i'on No.1
Adopt resolution.
Motion No.2
That further reading of said ordinance be waived and said ordinance be laid over
for final passage.
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C Sign;r{ure
Contact person:
Gordon R. Johnson
Phone:
5161
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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CITY OF SAN BERNiRDINO - RBQUBST ~ COUNCIL ACTION
STAFF REPORT
Th~ resolution and ordinance in your aqenda Dacket would add
t~n jOb titles to the list of titles already excluded from
PERS membership. Nine of the ten titles listed a~ove are for
seasonal, part-time positions in the Parks, Recreation and
Community Services Department. The other titl~, Extra Relief
Heavy La~orer, is an extra board position used in the pUblic
Services Department. Those with this title serve as substi-
tute refus~ collection workers each day in place of regular
workers who are sick or otherwise unable to work. The Civil
Service Soard has recently approved a proposed amendment to
the Civil Service Rul~s which will change the definition of
part-ti~e employee. You will shortly be asked to approve that
amendment. Part of that rule change would permit the employ-
ment of Extra Relief Heavy Laborers for up to two years. This
could lead to the City having to include such temporary
employee; in the PERS system since otherwis-e eligi')le '..orkers
2r.\?loyed over 1000 hours in a fiscal year must become PERS
members. The Public Services Director has stated that it is
inefficient to kee'Q hiring and training these workers \lhen
there is a lOOO hour maximum limit on their annual employment
and having to pay into ?ERS for them would be a major added
expense for the Refus~ Fund to absorb.
The P,ersonnel
mends adoption
PERS contract.
Committee has discussed this matter and recom-
of this resolution and ordinance to amend the
(See attached Minutes of Civil Service Board, May 24, 1988)
75-0264
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~iVil Service Board
May 24, 1988
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FI~ DE~ARTMENT CERTIFICATIONS FOR PAY PERIOD #11. (A-5)
Commissioner Carter moved, seconded by Commissioner
Farren and unanimously carried, to approve the Fire Depart-
ment certifications for pay period #11, as submitted.
PUBLIC H~ING TO ADOPT RULE CHANGE FOR THE DEFINITION
OF TEMPO~Y EMPLOYEES: RULE 501, 502 AND 502.1. (A-6)
Discussion ensued when Brian Hagman, Union Representa-
tive, asked for clarification regarding the effect on exist~
ing part-time employees. Commissioner Carter moved, seconded
by Commissioner Farren and unanimously carried, to adopt RUle
Change for the Definition of Temporary Employees: RUle 501,
502 and 502.1. Chief Examiner was directed to place adopted
rules on council agenda for approval.
REQUEST FROM CHIEF EXAMINER TO ADOPT A POLICY FOR THE
DESTRUCTION OF RECORDS. (A-7)
A motion was made by Commissioner Carter to continue
this matter to the June 14th Board Meeting pending a break-
down of types of correspondence to be destroyed, seconded by
Commissioner Farren and unanimously carried.
REQUEST FROM SYLVIA KELLISON TO WITHDRAW THE APPEAL OF
SANDY LOFGREN FOR 3 DAY SUSPENSION IMPOSED BY THE CITY
OF SAN BERNARDINO. (A-8)
Commissioner Carter moved, seconded by Commissioner
Farren and unanimously carried to approve request from Sylvia
Kellison to withdraw the appeal of Sandy Lofgren for 3 day
suspension imposed by the City of San Bernardino.
REQUEST BY THE CHIEF EXAMINER FOR EXECUTIVE SESSION TO
DISCUSS PERSONNEL MATTERS. (A-9) ,
At 10:00 a.m. Commissioner Farren moved, seconded by
Commissioner Carter to adjourn meeting to Executive Session
to discuss personnel matters.
EXECUTIVE SESSION
The Executive Session of the Civil Service Board was
called to order by Vice Chairperson Cocke with the following
being present: Vice Chairperson Cocke, Commissioner Carter,
Commissioner Farren, Legal Counsel Grace, Chief Examiner
DeFratis.
ADJOURN EXECUTIVE SESSION TO REGULAR MEETING
At 10:30. a.m. Vice Chairperson Cocke moved, seconded by
Commission Farren and unanimously carried, that the Executive
Session of the Civil Service Board adjourn to the regular
meeting of the Civil Service Board.
RECONVENE MEETING - ROLL CALL
(continued)
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FROM:
SUBJ~CT :
DATE:
COPIES:
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8805-2710
Jim Robbins, Acting City Administrator
Gordon .. Johnson, D'reotor of Personnel. V;) .
~roposed civil Service Rule Change ~mporary
Employees)
May 9, 1988
Roger DeFratis
(7435)
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On April 21, 1988, the council Personnel Committee continued
the above subject to their May 19 meeting to allow staff to
address the concerns raised at that meeting by Public servi-
ces Director Manuel Moreno. On May 3, Manuel, you and I met
to discuss the subject and determined that by changing the
maximum time an employee could work as an "Extra Board" from
1000 hours to two years, the concerns of Mr. Moreno would be
satisfied.
Mr. Moreno reported that two years was the original proposal
when the civil Service Board considered adopting this new
rule, however, that time was decreased to 1000 hours since
that is the maximum number of hours a person can work in any
calendar year without being eligible for ~ERS. Since that
time, Roger DeFratis on my staff has received a verbal
approval from PERS to exclude all "Extra Board" employees
from the PERS system, therefore removing the need for the
1000 hour limitation.
RECOMMENDATION
.
I recommend that the council Personnel committee request the
Civil service Board to amend their proposed new rule "502 a."
by replacing the proposed 1000 hour maximum time an "Extra
Board" employee may work with a two year maximum.
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e 501. Career Appointments. Upon completion of the
probationary period, or its equivalency for part-time
positions, an appointment shall be deemed a permanent career
appointment and thereafter shall be subject to removal only
by the procedures established in the Charter or these rules.
Types of career appointments are:
a.
Regular/full time: a position which has been
established and funded by action of the Common Council
as a regularlfull time position and is expected to
continue in successive budget years.
b.
Regular/part time: a position which has been
established and funded by action of the Common Council
as a regular/part time position and is expected to
continue in successive budget years but normally
requires less than a 30 hours of work per week
average.
Rule 502:
deemed
can be
Non-Career APpointments: An appointment shall be
a temporary non-career appointment when the position
categorized into one of the following:
Extra Board: A position requiring the employee to
report to or be available for work daily but assigned
to duty only when the incumbent in a permanent career
position is not on duty. Employees in this category
shall be called from a rotating list and may remain on
the rotating list for a maximum of 24 months.
Limited Term: A position determined to be of a
specific duration not exceeding 6 months, based on
emergency situations, unusual workload demands,
special programs, training, projects or other like
reasons. The position may be full-time or part-time.
An appointee in this category may be appointed only
once in any 12 month period except as the civil
service Board may authorize. .
a.
b.
c.
part-Time: A position where
for less than an average of
than 1000 hours in any 12
recur at regular intervals.
the work schedule calls
30 hours per week or less
month period and will not
d. Intern: A position whose sole purpose is to provide
education, training and work experience to students
enrolled in high school or college. Appointments are
limited to 6 months duration, are discretionary by
department heads and are not bound by other procedures
in these rules.
Rule 502.1 Transition from Non Career to Career APpointment:
(continued)
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on a written positive recommendation and request of the
department head and approval of the Civil Service Board,
an employee who has held a permanentlpart time or
temporary/non-career position continuously for a period
equivalent to the probationary period of the permanent
career position may be transitioned into a permanent
career position of the same, comparable, or lower
classification provided that the employee possesses the
minimum qualifications of that position without further
examination or establishment of eligibility, and provided
there is a funded permanent career vacancy available.
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2 RESOLUTION NO.
3 RESOLUTION 0:;' INTENTION OF TIlE CITY OF SAN BERNAR:JINO TO
APPROVE AN At1ENDMENT TO CONTRACT BETWEEN THE BOARD OF AmiINI-
4 STRATI ON OF THE PUBLIC ENPLOYEES' RETIREl1ENT SYSTEI.1 AND THE
CITY COUNCIL OF TilE CITY OF SAN BERNARDINO.
WHEREAS, the Pu~lic Employees' Rztireme~t Law ?erwits
the participation of public agencies and their employees in
the Public Employees' Retirement System by the execution of a
contract, and sets forth the ~rocedure by which said public
age~cies may elect to subject themselves and their employees
to amendments to said Law; and
WHEREAS, one of the steps in the procedure to amend this
contract is the adoption by the governing body of the public
agency of a resolution giving notice of its intention to
approve an amendment to said contract, which resolution shall
contain a summary of the change proposed in said contract;
and
WHEREAS, the following is a statement of the proposed
change:
To exclude the temporary positions listed from
the P.E.R.S. contribution requirement whose em-
ployment commences September l, 1988 or after:
Lifeguard
Senior Lifeguard
Supervising Lifeguard
Recreation Intern
Recreation Aide
Senior Recreation Leader
Recreation Specialist
Locker Attendant
Vehicle Oper:itor
Extra Relief Heavy Laborer (Extra Board)
(Continued)
Page 1
06 JUN 1988
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1 RESOLUTION TO AMEND CONTRACT WITH THE PUBLIC EMPLOYEES' RE-
TIREMENT SYSTEM
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Nml7, THEREFORE, BE IT RESOLVED that the ~1ayor and Common
4 Council of the City of San Bernardino do hereby giv~ notice
S of intention to approve an amendment to the contract between
6 the said governing body and the Board of Administration of
7 the Public Employees' Retirement System, a copy of said
8 3mendment being attached hereto, as an "Exhibit" and by this
9 reference made a part hereof.
10
I HEREBY CERTIFY that the foregoing resolution was duly
11 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
the
day of
, 1988, by the following vote,
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Council lo1embers
AVFiR:
NAYS:
ABSENT:
Citv Cl(?j:'~<
The foreqoing resolution is hereby approved this
of
, 1988.
EVLYN WILCOX, lo1ayor
City of San Bernardino
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Approved as to form and legal content:
(~l 2~~
(/ / ity 'Attorney
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PUBLIC
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN BERNARDINO
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective March 1, 1945, and witnessed February 6, 1945, and as amended
effective November 1, 1949, September 1, 1951, January 1, 1952, July 1, 1954,
February 1, 1965, February 24, 1969, March 8, 1971, October 1, 1973, October
28, 1974, March 17, 1975, April 28, 1975, November 10, 1975, July 6, 1977,
January 7, 1985 and May 27, 1985, which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective May 27, 1985, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean age 60 for local miscellaneous members and age 50 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after March 1, 1945 making its employees as
hereinafter provided, members of said System subject to all provisions
of the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and
to all amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contract-
ing agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members),
b. Local Police Officers (herein referred to as local safety
members) ;
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
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4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
become members of said Retirement System:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j
k.
1.
1, 1952;
1975;
CROSSING GUARDS HIRED ON OR AFTER JANUARY
LIBRARY PAGES HIRED ON OR AFTER MARCH 17,
LIFEGUARDS;
SENIOR LIFEGUARDS; .
SUPERVISING LIFEGUARDS;
RECREATION INTERNS;
RECREATION AIDES;
SENIOR RECREATION LEADERS;
RECREATION SPECIALISTS;
LOCKER ATTENDANTS;
VEHICLE OPERTORS; AND
EXTRA RELIEF HEAVY LABORERS (EXTRA BOARD).
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5. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20336 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
6. The fraction of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
shall be determined in accordance with Section 21251.13 of said
Retirement Law (2\ at age 60 Full).
7. The fraction of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21252.01 of said Retirement Law
(2\ at age 50 Full).
8. The following additional provlslons of the Public Employees'
Retirement Law, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
b. Section 21222.1 (Special 5\ Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Section 20024.2 (One-Year Final Compensation).
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d. Section 20930.3 (Military Service Credit), as defined in Chapter
1437, Statutes of 1974.
e. Section 21222.2 (Special 5\ Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
f. Section 21222.6 (Special 15\ Increase) for local miscellaneous
members.
9. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
April 28, 1975. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
10. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
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(1)
0.045 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change. )
(2)
12.217 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change. )
b.
With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 26.659 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change. )
c. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
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12. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty days
after the end of the period to which said contributions refer or as
may be prescribed by Board regulation. If more or less than the
correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board.
B. This amendment shall be effective on the
,19_
day of
BOARD OF ADMINISTRATION ~
PUBLIC EMPLOYEES' RETIREMENT ~~);.
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BY \r0 .
i!~ ~ CONRAD
TANT EXECUTIVE OFFICER
9\ ONTRACT AND PROGRAM SERVICES
CITY COUNCIL
OF THE
CITY OF SAN
~'
BERNARDINO ~
BY ~
Presiding OffiC~~
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('I
Wi tness D't"'ff
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Attest4
~~~
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 9/86)