HomeMy WebLinkAbout1991-5282
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RESOLUTION NO. 5282
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
caused a restructuring of its Community Development Department
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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 activities within the City; and
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WHEREAS, in connection with the establishment of the
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Economic Development Agency (the "Agency"), and the restructuring
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of the previously existing Redevelopment Agency of the City of
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San Bernardino and commission operations and functions, the
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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
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to codify the compensation and benefits granted to management and
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confidential employees:
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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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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whose positions are a part of management and wages and benefits
for those employees whose positions are part of confidential.
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4 SECTION 2: The Management and Confidential Employee
5 Compensation and Benefits Plan (the "Plan") shall be as follows:
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7 A. Classifications. All classifications listed on
8 Attachment "A" hereto shall be covered by this Plan.
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B. compensation.
1. The top step of the salary ranges for
classifications covered by this Resolution shall be
increased by 5% effective the first pay period 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 odd 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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16 C. Insurance (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.
shall be effective
January, 1992.
first pay period beginning
in
the
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.
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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
28 part of the sum described in section C, not an additional
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1 contribution. An employee must purchase medical insurance
2 offered through the Agency in order to utilize the contribution
3 described in section C.
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5 E. Lana Term Disability Insurance. The Agency shall
6 provide long term disability insurance for employees. Subject to
7 the usual provisions and exclusions of such insurance plans, the
8 coverage shall be for 60% of salary after a 30 calendar day
9 elimination period, for a maximum period of one year. An
10 employee shall not be required to exhaust his or her sick leave
11 to receive benefits.
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13 F. Life and AD&D Insurance. The Agency shall provide
14 Term Life and Accidental Death and Dismemberment Insurance of
15 $50,000 for Management and Confidential employees.
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17 G. PERS. All employees shall receive full Commission
18 paYment of the employee contribution to PERS.
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20 H. Overtime. Employees will receive overtime
21 compensation in accordance with the Fair Labor Standards 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 Administrati ve Leave and Administrati ve
27 Leave shall not be carried beyond the end of any fiscal year and
28 shall not be paid for at any time.
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J . Actina 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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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.
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19 K. Annual Physical Exam. An annual physical
20 examination is available for all participants. The Agency shall
21 pay for medical fees for the physical examination of said
22 employees. Reimbursement to the employee for the examination
23 shall not exceed $175.00.
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3. Acting pay for employees shall be the first step
of the salary range for the acting position next above the
employee's regular salary, which would provide the acting
employee at least a 5% salary increase.
4 . Upon any subsequent service of an employee who
completed a prior acting duty assignment in the same higher
acting position, compensation at the higher rate shall
commence upon the first date of such subsequent service.
5. It is not the intent of this subsection to provide
such compensation for vacation relief or for limited, short-
term absences.
L. Deferred Comoensation. The Agency shall execute
an agreement with a carrier to provide a deferred compensation
plan for all participants.
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1 M. Employee Assistance Proaram. All participants
2 shall be able to receive assistance and counseling in solving
3 personal and emotional problems through an Employee Assistance
4 Program at Agency 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 Agency 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 according to the number of days per year in
the following chart:
ComDleted years of
Continuous Service
40 hr/week
emDloyees
days
Per Year
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2. Employees shall not be permitted to work in their
Agency position in lieu of taking vacations in order to
receive additional compensation from the Agency.
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17 o. Tuition 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 "B" or better.
3. Vacation credits may accrue and accumulate for a
maximum of two years' total accumulated vacation credits on
a carryover 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.
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23 P. sick Leave. All participants shall be granted 6
24 working days of sick leave after 6 calendar months of continuous
25 service. Thereafter, sick leave as herein provided shall accrue
26 at a rate of 8 hours per month or approximately 4.0 hours per pay
27 period. In the event an employee works less than fifty percent
28 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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9 1. sick leave means the absence from duty of an
10 employee because of illness or injury, exposure to
11 contagious disease, attendance upon a member of his/her
12 immediate family who is seriously ill and requires the care
13 of or attendance of an employee, or death in the immediately
14 family of the employee. Immediate family means: husband,
15 wife, grandmother, grandfather, mother, father, sister,
16 brother, son or daughter or mother-in-law, father-in-law,
17 sister-in-law, brother-in-law, son-in-law or daughter-in-
18 law.
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20 2. Not more than five days of sick leave within any
21 calendar year may be granted to an employee for the care of
22 or attendance upon members of his/her immediate family. Not
23 more than five days of sick leave may be granted to an
24 employee for each absence due to death of a member of
25 his/her immediate family as defined above.
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27 3. Upon the Agency Administrator's or Executive
28 Director, Development Department request, as appropriate, an
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1 employee must provide a physician's statement to justify a
2 sick leave of five consecutive days or longer. If the
3 department head finds with just cause that sick leave is
4 being abused, the employee may be required to submi t a
5 physician's statement after any absence.
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7 4. No absence due to illness or injury in excess of
8 five working days shall be approved except after the
9 presentation of satisfactory evidence of illness or injury;
10 namely a certificate from a practicing physician or an
11 authorized practicing chiropractor approved by the Agency
12 Administrator. The Commission shall have the power to
13 require that any person claiming the sick leave benefits of
14 this Resolution be examined at any reasonable time or
15 intervals by the Agency's designated physician, and in the
16 event of an adverse report to reject such claim for sick
17 leave, in whole or in part, and to terminate sick leave
18 compensation. In the event of the refusal of any person to
19 submit to such examination after notification, the Agency
20 Administrator may terminate sick leave compensation and
21 reject any claim therefor. The Agency Administrator shall
22 have the right to require the presentation of a certificate
23 from a practicing physician stating that an employee is
24 physically or psychologically able to perform his/her work
25 and duties satisfactorily before permitting an employee who
26 has been on sick leave to return to work.
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1 5. In order to receive compensation while absent on
2 sick leave, the employee shall notify his/her immediate
3 supervisor prior to or within four hours after the time set
4 for beginning his/her daily duties, or as may be specified
5 by the Head of his/her Department.
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7 6. When absence is for more than one work day, the
8 employee may be required to file a physician's certificate
9 or a personal affidavit with the Executive Director,
10 Development Department or Agency Administrator, as
11 appropriate, stating the cause of the absence.
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13 7. Whenever an employee is compensated hereunder for
14 sick leave or injury and has not had a vacation at the end
15 of the current calendar year, he/she shall be allowed to
16 take his/her vacation in the next calendar year.
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18 8. Whenever the term "service of the City" appears
19 herein, it shall be deemed to include all service to the
20 City of San Bernardino, the Redevelopment Agency of the City
21 and the Community Development Commission of the City of San
22 Bernardino.
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24 9. All full-time employees of the Agency who are
25 actively on duty, have been in the service of said Agency
26 for six months or more continuously, and who are compelled
27 to be absent from their work on account of illness or
28 injury, shall receive their full salary, wages or
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compensation for a period of one day for each month of
continuous service i provided that such salary, wages or
compensation shall cease upon the exhaustion of all
accumulated sick leave.
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20 Q. Iniurv 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 augment 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
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 during periods of leave of absence without
pay. The words "working day" shall mean a normal
eight-hour day to which an employee has been assigned
to work.
b. Unused sick leave is payable upon
resignation, retirement or death, except dismissal or
resignation 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 accumulated 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 Commission 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
11 shall be reimbursed pursuant to the provisions of California
12 Labor Code Section 4850 during 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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16 When any employee is off duty on injury leave and has
17 not had a vacation at the end of the current year, he/she shall
18 be allowed to take his vacation in the calendar year he/ she
19 returns to duty.
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21 When an employee sustains what he/she believes to be an
22 industrial injury or illness, the employee shall notify the
23 supervisor immediately, or as soon as possible. The employee
24 shall prepare and submit a report of injury or illness, and the
25 supervisor shall prepare the supervisor's report, and make
26 distribution. In the event the employee is unable to prepare the
27 report within 24 hours, the supervisor or a member of the
28 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 management and a doctor's first report of injury
3 or illness has been received. The employee has the right to be
4 examined and treated by a physician of their choice within the
5 required time for the alleged injury or illness, as required by
6 the California Labor Code.
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8 The Agency shall have the right to require the employee
9 to be examined by a physician designated by the Agency, to assist
10 in determining the length of time during which the employee will
11 be unable to perform the assigned duties, and if the disability
12 is attributable to the injury involved.
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14 Should there be a dispute between the physician
15 selected by the Agency and the physician selected by the
16 employee, a third physician shall be mutually agreed upon between
17 the employee and the Commission to examine the employee and to
18 assist in making necessary medical determinations.
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20 R. Leave of Absence Without Pave Leave of absence
21 without pay is a temporary non-pay status and absence from duty
22 granted at the request of the employee. Leave of absence without
23 pay may be granted by the Commission for a period not to exceed
24 six months, upon the positive recommendation of the department
25 head and the Agency 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
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1 and that at least one of the following benefits 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 program of interest to the Agency. Examples of
5 or conditions for which a leave of absence without pay may be
6 granted 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
(1) For an employee
requiring medical treatment;
is
a
disabled
who
veteran
(2) For an employee who is temporarily mentally or
physically unable to perform his/her duties;
(3)
For an employee who files for or assumes elected
office;
(4) For maternity or paternity leave,
recommendation of the attending physician;
upon
the
(5) For military leave when the employee has less than
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 Agency's contribution towards an employee's health
6 and life insurance premiums will not be extended beyond the last
7 day of the month in which a leave of absence without pay begins
8 if the leave of absence without pay becomes effective during the
9 first fifteen (15) days of the month, nor beyond the last day of
10 the next succeeding month if the leave of absence without pay
Il 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 Agency's contribution would be
14 discontinued. In the event the employee desires to maintain full
15 health and life insurance coverage while on leave of absence
16 without pay status, she/he may arrange to pay the insurance
17 premiums for the coverage desired (both the employee and the
18 employer portions). It is the responsibility of the employee to
19 contact the Agency's Accounting/Payroll section in this regard.
20 The paYment of the amount of the premiums must be made to the
21 Agency's Accounting/Payroll section prior to the date on which
22 the Agency'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 Agency is terminated.
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26 Upon an employee's return to work, the Agency's
27 contribution towards the employee's health and life insurance
28 premiums will begin on the first day of the month following the
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1 end of the leave 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 succeeding month if
4 the leave of absence without pay terminated after the fifteenth
5 day of the month.
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7 Notwithstanding any other provision of this section to
8 the contrary, the Agency will continue its contribution for
9 health and life insurance premiums of an employee on leave of
10 absence due to any injury or illness arising out of and in the
11 course of his/her emploYment with the Agency.
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13 s. Holidavs.
14 following paid holidays:
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All participants shall
receive
the
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving
Day After Thanksgiving
Day Before Christmas
Christmas Day
Day Before New Year's
Two Floating 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 twel ve month period are not
2 accumulative beyond the total number of holidays allowed each
3 year by this pay plan.
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5 T. Benefits Reopener. It is intended that this plan
6 not discriminate in favor of Highly Compensated Employees or Key
7 Employees as to contributions and benefits, in compliance with
8 the requirements of section 89 of the Tax Reform Act of 1986. If
9 existing non-taxable fringe benefits are found to be taxable
10 pursuant to new law, regulations or interpretations, the Agency
11 agrees to discuss implementation of alternate forms of
12 compensating affected employees to minimize their tax liability.
13 III
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17 III
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21 III
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25 III
26 III
27 III
28 III
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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 SECTION 3 . Effective Date. This Resolution shall take
5 effect upon its adoption.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Community Development Commission of the City of
9 San Bernardino at a Reqular
10 thereof, held on the 15th day of
11 1991, by the following vote, to wit:
meeting
Apri 1
12 commission Members:
AYES
NAYS
ABSTAIN
13 ESTRADA
REILLY
14 FLORES
MAUDSLEY
15 MINOR
POPE-LUDLAM
16 MILLER
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secr~~~eth J. Henderson
15th
The foregoing resolution is
day of April , 1991.
this
Approved as to form and legal content:
25 By: ()L'dSJ~
26 ./(9~~1
27 SBEOOOOl/DOC/448
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, Kenneth J. Henderson Secretary of the Community
Development Commission of the City of San Bernardino, DO HEREBY
4 CERTIFY that the foregoing and attached copy of Community
Development Commission of the City of San Bernardino Resolution
5 No. 5282 is a full, true and correct copy of that now on
file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and
7 affixed the official seal of the Community Development Commission
of the ci ty of San Bernardino this 15th day of
8 ' 1991.
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~~~
Secret ry of he
Community Development
Commission of the City of San
Bernardino
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Item:
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11 Action to
12 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.
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certified copy of Resolution to be returned to Sabo & Green, a
16 Professional corporation.
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SBBO/OOOl/DOC/448
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ATTACHMENT "A"
Management Employees
5 Agency Administrator
Executive Director
6 Deputy Director
Administrative Services Division Manager
7 Housing Division Manager
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Confidential Employees
11 Executive Secretary to Agency Administrator
Staff Assistant
12 Administrative Secretary
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18 SBEO\OOOl \DOC\448
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