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HomeMy WebLinkAbout23- City Administrator CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: FRED WILSON Subject: RESOLUTION ESTABLISHING MANAGEMENT & CONFIDENTIAL Dept: CITY ADMINISTRATION EMPLOYEES COMPENSATION Date: JANUARY 3, 2000 (F-Z� AND BENEFIT PLAN AND RESCIND- RESOLUTION NO. 89-129, O � U NCORPORATING RESOLUTION Nc�� U 97-77, 97-352, 97-357, 1999-197 AND Synopsis of Previous Council Action: 1999-198 May 18, 1989, the Mayor and Common Council approved Resolution No. 89-129 establishing Management and Confidential Employees compensation and benefit plan. Recommended Motion: Adopt Resolution. �J _ Signature Contact Person: Phone: Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: $103,100 Fiscal Year 1999-00 Source: (Acct No) Various (Acct Description) Finance: Council Notes: YZD as 00 /06 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Adopt Resolution establishing Confidential and Management Employees compensation and benefits plan. BACKGROUND The City Administrator and the Advisory Committee of the San Bernardino Confidential Management Association (SBCMA) have met and discussed various proposals for the SBCMA employees. On December 1, 1999, SBCMA accepted a proposal subject to approval by the Mayor and Common Council, which contains the following items: Wages: A two- percent (2%) salary increase, effective January 1, 2000. PERS 2% C& 55 - The City agrees to amend its PERS contract to provide the 2% @ 55 benefit effective June 30, 2001, with all cost being borne by the City. Classification and Compensation Study: The City will conduct and pay for a classification and compensation study. The contract was awarded on December 20, 1999, and it is estimated that the study will be completed by May 1, 2000. The City agrees to a re-opener after the study is completed to discuss implementation by September 1, 2000. President's Day Holiday: The City will add President's Day Holiday to the list of designated holidays for a total of twelve (12) holidays, equivalent to ninety-six (96) hours per year. PERS Buy Back of Time The City agrees to amend its PERS contract to allow employees to buy back previous eligible time, tax deferred, after the employee contacts PERS and obtains their approval. Health Benefit Cap: The Association agrees to freeze the health benefit cap at the rate effective September 1, 2000. Long Term Disability Insurance: The Association and City agree to changes in the Long Term Disability Insurance policy that will extend the waiting period from 30 to 60 days while increasing the coverage period from a maximum of one year to a maximum of two years. In addition to adopting the Resolution establishing Confidential and Management Employees compensation and benefits plan, this action will clean-up language and incorporate City practices into the new resolution which rescinds Resolution Nos. 89- 129, 97-77; 97-352; 97-357, 1999-197 and 1999-198. The more substantial language changes include the following: erection I. PERS (Safety Employees) — Changes to the language in this section reflect the conversion of the 9% City paid PERS contribution to salary which was negotiated into all safety employee contracts effective 1/1/00. Section M. Acting Pay — Subsection One has been changed to allow the Mayor to assign the duties of a higher acting classification in the event of a vacancy or temporary absence of an employee. The previous language required such assignments to be confirmed by Council at the next meeting at which it could be considered. This language change reflects an attempt to approve efficiencies by allowing short-term higher acting assignments to be processed administratively. Section R. Tuition Cost — Language limiting the amount reimbursable to that charged by the Cal State University. This change reflects current City practice and is consistent with the language in other bargaining units MOU's. Since the December 1, 1999 acceptance of the proposal the SBCMA Board of Directors has requested the following additional contract change: Section X. — Holidays — These language changes provide Police Safety Management the ability to carryover a maximum of 112 hours of holiday time. This will place Police Management in line with the POA. The additional cost for this item is approximately $4,500 per employee (assuming the maximum of 112 hours is paid out) at the time of separation. Since the number of retirements in any given year is unknown it is difficult to determine the cost. If all fourteen Police Management ,positions retired in the same year (and cashed out the maximum 112 hours) the additional cost would be $61,850. A more realistic scenario would be to assume two retirements per year, which would cost approximately $9,000 per year. These costs are in addition to those detailed below. FINANCIAL IMPACT SUNLNLARY OF COSTr G Year 1 Year 2 Year 3 Contract Cost Annual Cost Wages 62,400 124,800 124,800 312,000 124,800 Class & Comp Study 13 200 0 0 13,200 President's Da 0 Y = 2 7,500 27,500 27,500 82,500 27,500 PERS Buy Back NO COST 0 0 Health Benefits Cap 0 ( 1,30A) ( 2,500) ( 3,800) SUBTOTAL 103,100 151,000 149,800 403,900 ( 5,000) 147,300 '2%@c 55 0 1,871,059 0 1,871,059 0 TOTAL, 103,100 2,022,059 149,800 2,274,959 'Paid from PERS surplus, not from the City's budget. 147,300 RECOMMENDATION It is recommended that the Mayor and Common Council adopt the attached resolution, which includes all of the items listed above. RESOLUTION 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A 2 MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 3 352, 97-357, 1999-197, AND 1999-198. 4 5 WHEREAS, it is necessary to codify the compensation and benefits granted to 6 management and confidential employees; 7 NOW THEREFORE, BE IT RESOLVED THAT: 8 SECTION 1: The Mayor and Common Council hereby establish a Management 9 and Confidential Employee Compensation and Benefits Plan which defines the wages and 10 11 benefits of those employees whose positions are a part of the Management/Confidential 12 Group and are represented by the San Bernardino Management/Confidential Association 13 (Association) 14 SECTION 2: The Management/Confidential Employee Compensation and Benefits 15 16 Plan (Plan) shall be as follows: 17 A. Classifications 18 All Classifications listed in Resolution 6413, Sections 12 and 14 shall be covered 19 by this Plan. Attachment "A" lists those classifications as of the adoption of this 20 resolution. _ 21 22 B. Compensation 23 1. Safety Classifications shall have their salaries determined in accordance 24 with Charter Section 186. 25 2. Effective 1/l/00, all non-safety employees will receive a 2% salary increase. 26 27 28 t RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197,AND 1999-198 2 3 3. The City will award a contract and pay for a class and compensation study 4 5 for all non-safety employees. After the study is completed (target date is 511100), the City 6 agrees to discuss implementation of the study by 9/1/00. 7 4. Annually, all non-safety management and confidential employees who have 8 not yet reached top step, may receive an increase ranging from 0% to 5%, based upon 9 performance evaluations, if given, completed within the previous evaluation period. The 10 evaluation period is six months for employees initially hired at Step 1, and twelve months 11 12 between all other steps. 13 5. Elected officials, the Civil Service Board, Library Board and Water Board 14 may determine whether or not to conduct evaluations in writing. Regardless of whether or 15 not written evaluations are given, elected officials, the Civil Service Board, Library Board 16 and the Water Board may give Step increases not to exceed 5%. 17 18 6. All other management and confidential employees shall be evaluated in 19 writing. 20 a. =Evaluation of department heads and heads of divisions within the City 21 Administrator's Office will be performed by the City Administrator and reviewed 22 by the Mayor. 23 24 b. Evaluation of other management/confidential employees will be performed 25 by the department head, or division head. In the case of divisions within the City 26 Administrator's Office, the division head will perform the evaluation of the 27 managementiconfidential employees in that division and may be reviewed by the 28 2 i _ RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 City Administrator. Evaluation forms for these employees will be provided by the 4 Human Resources Department. 5 6 7. Recommendations for increases shall be submitted to payroll on a form 7 provided by Finance at least 30 days prior to the expiration of the evaluation period. 8 a. Recommendations for salary advancement of a department head, or division 9 head within the Office of the City Administrator, shall be submitted by the City 10 Administrator. 11 12 b. Recommendations for salary advancement of the Civil Service Chief 13 Examiner shall be submitted by the Civil Service Board. I 14 C. Recommendations for salary advancement of the City Librarian shall be 15 i submitted by the Library Board. 16 d. Recommendations for salary advancement of employees of elected officials, 18i with the exception of the Council Office, shall be approved and submitted by the 19 Elected Official I 20 e. °Recommendations for salary advancement within the Council Office shall 21 be submitted by the Council Committee. 22I23 £ Recommendations for advancement of all other management/ confidential I 24 employees shall be submitted by their respective department heads. 25 C. Insurance (Medical, Dental, & Vision) 26 The City's contribution to the Plan for each employee shall be an amount equal to 27 the monthly premium for the available PERS family medical plan, and city sponsored 28 y family dental and vision plans having the highest premiums. The City's contribution will { 3 i RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 be frozen at the above amount effective 9/1/00. Available PERS medical plans 4 include those plans in which active employees may enroll. This contribution may be used 5 6 to purchase City sponsored medical, dental, vision and life insurance. 7 D. Retired Employees Medical Insurance 8 The City shall contribute a maximum of$16.00 per month per retired employee to 9 be used exclusively for the purchase of a PERS medical insurance benefit. 10 E. Long Term Disability Insurance 11 12 The City shall provide long term disability insurance for employees. Subject to the I 13 usual provisions and exclusions of such insurance plans, the coverage shall be for 60% of 14 salary after 60 calendar day elimination period, for a maximum period of two years. An 1 employee shall not be required to exhaust his or her sick leave to receive benefits. 16 F. Life and AD&D Insurance lid ) 13 The City shall provide Term Life and Accidental Death and Dismemberment I 19 Insurance of 550,000 for Management employees and $25,000 for Confidential employees. 20 G. Department Head Allowance 21 A Department Head is entitled to an allowance of $50.00 per month to cover 22 23 various work related expenses. The allowance shall not accumulate from month to month. 24 Sums provided hereunder shall be on a reimbursement basis under a system to be 25 developed by the City Administrator. 26 27 28 a RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 2 352, 97-357, 1999-197, AND 1999-198 3 H. Uniform Allowance 4 Police 5 6 a. Once each fiscal year, each Police Safety Management member shall i 7 receive an annual uniform allowance of $500 to be paid in a lump sum amount 8 during the first pay period of March. 9 b. New employees must wait until the first pay period of March to receive 10 their annual uniform allowance. 11 12 Fire 13 a. The City shall furnish and replace as needed the following items: 14 Four(4) work shirts; 15 Three(3)pairs of work trousers; Safety boots or shoes i6 I. PERS 17 is� Non-safety employees: 191 i 1. Any non-safety employees hired on or after January 1, 1998, the City will pay 20 five percen"5%) of the members' contribution to PERS credited to the employee's 21 account as a fringe benefit. Upon said employees completing five (5) years of service, the 22 23 City will pay two percent (2%) additional of the members' contribution to PERS credited 24 to the employee's account as a fringe benefit on the first pay period of the sixth year of 25 service. 26 2. The City agrees to implement the 2% @ 55 retirement benefit effective 27 6/30/2001 with the City paying the increased cost for this benefit. 28 s RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 3 3. City will amend the PERS contract to allow employees to buy back previous 4 eligible time, tax deferred, after the employee contacts PERS and obtains their approval. 5 6 4. As of August 1, 1998, the City contracted with PERS to provide Section 7 21574, Fourth Level of 1959 Survivor Benefits. All associated costs of this benefit will be 8 bome by the employee. 9 Safety Employees: 10 1. For Safety Employees, the City will pay the 9% employee contribution to j 11 12 PERS through December 31, 1999. 13 2. The City agrees to pay the employer contribution for the 4' level of 1959 14 I survivor's benefit for Fire Management Employees. 15 I 3. As of January 1, 2000, the City shall increase the base salary of all 16 j employees covered by this agreement by converting the nine percent (9%) Employer Paid 17 18 Member Contribution (EPMC) to base salary. This base salary is "compensation eamable" 19I as defined in Section 20636 (c) of the California Government Code and shall be reported to 20 the Public =Employees Retirement System (PERS). Employees will then assume 21 responsibility for payment of the nine percent (9%) employee retirement contribution to 22 PERS and all associated costs for the conversion of the EPMC to base salary. The City 23 24 shall designate such payment as an Employer Pick-Up as defined under the provisions of ' 25 Section 414(h)(2) of the Internal Revenue Code (26 USC 414 (h)(2) ). The employee 26 contribution to PERS shall be made through automatic payroll deductions from the base j 27 salary in accordance with PERS regulations. 28 6 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 For purposes of determining overtime compensation and other salary payments, 4 including but not limited to, payoff sick leave, vacation accruals, holiday accruals and 5 6 comp time balances, the aforementioned nine percent(9%) base salary increase shall not be I 7 considered. 8 J. Education Reimbursement 9 All Safety Management members shall be entitled to receive, in addition to their 10 regular salary and as may be appropriate, one of the levels of incentive payment as outlined 11 below: 12 13 Fire 14 1. As of January 1, 2000, a State Fire Officer Certification shall receive an 15 additional $150 per month above base salary; or, 16 17 2. As of January 1, 2000, a State Chief Officer Certification or completion of 18 the National Fire Academy Executive Fire Officer Program shall receive an 19 additional $250 per month above base salary. 20 Police- 21 1. One Hundred dollars ($100) additional compensation per month shall be 22 paid each member who has obtained a POST Intermediate Certificate; on 23 24 2. One hundred fifty dollars ($150) additional compensation per month shall 25 be paid each member who has obtained a POST Advanced Certificate; 26 3. One hundred seventy-five dollars ($175) additional compensation per 27 month shall be paid each member who has obtained POST Supervisory Certificate; 28 7 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 4. Two hundred dollars ($200) additional compensation per month shall be 4 paid each member who has obtained a POST Management Certificate 5 K. Overtime 6 7 Employees will receive overtime compensation in accordance with the Fair Labor 8 Standards Act (FLSA). 9 L. Administrative Leave 10 All 40 hour/week FLSA exempt employees in lieu of monetary compensation shall 11 be assigned 56 hours of Administrative Leave and shift FLSA exempt employees shall be 12 13 assigned 84 hours of such leave each July 1. Administrative Leave shall not be carried 14 ' beyond the end of any fiscal year and shall not be paid for at any time. i 15 M. Acting Pav 16 L The Mayor may assign an employee to discharge the duties of a higher 17 v 18 I classification For additional compensation as provided herein, in the event of a vacancy or 19 during the temporary absence of an employee. i 20 2. An employee assigned to acting duty in writing by the Mayor shall receive 21 acting duty pay as follows: 22 !a. Non-safety Employees, acting in a higher position, below the level of 23 24 Department/Division Head, shall receive acting duty pay on the sixth consecutive 25 work day of each acting duty assignment. No acting duty pay will be paid for the 26 first five work days of each acting duty assignment except for an employee who has 27 served a twenty day demonstration period during the previous 24 months, as 28 recorded in the employee's official personnel and/or Civil Service record. The 8 f RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 entire period of the acting du ty assignment at the higher classification, including the 4 initial work demonstration period, may not exceed 60 working days except by the 6 mutual agreement of the Mayor and Common Council and the employee. 7 b. Non-safety Employees acting as Department Head or Division Head shall 8 be eligible for acting duty pay on the first work day of each such assignment. 9 a Safety employees' acting duty pay shall be governed by Charter Section 10 136. 11 � 12 3. Acting pay for non-safety employees shall be the first step of the salary 13 range for the acting position next above the employee's regular salary, which would 14 provide the acting employee at least a 5% salary increase. 151 � I t I 4. Upon any subsequent service of a non-safety employee who completed a it16 prior acting duty assignment in the same higher acting position, compensation at the 18 I higher rate shall commence upon the first date of such subsequent service. 19 I 5. It is not the intent of this subsection to provide such compensation for i 20 vacation relief or for limited, short-term absences. 21 N. Annual Physical Exam 22 23 An annual physical examination is available for all participants. The City shall pay I24i for medical fees for the physical examination of said employees. Reimbursement to the 25I employee for the examination shall not exceed $175.00. 26 27 28 9 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 2 352, 97-357, 1999-197, AND 1999-198 3 0. Deferred Compensation 4 5 The City shall execute an agreement with a carrier to provide a deferred 6 compensation plan for all participants provided the Association concurs with the selection 7 of the carrier and the plan. 8 P. Employee Assistance Program 9 All participants shall be able to receive assistance and counseling in solving 10 11 personal and emotional problems through an Employee Assistance Program at City 12 expense. 13 Q. Vacation Leave 14 1. All Participants shall accrue: Ten days of paid vacation upon the first day to of the second year of continuous full time employment with the City of San Bernardino. 16 1 1 Thereafter, vacation shall accrue each pay period prorated according to the number of days t t sl or shifts per year in the following chart: i 1 191 40 hr/week 56 hr/week 20 Completed years of Employee days Employee shifts 21 Continuous Service Per Year Per Year 22 231 1 10 5 24 5 15 71/2 25 15 20 10 26 20 25 12 %z 27 "No vacation shall be granted if service is less than one(1)year. 28 10 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357,1999-197, AND 1999-198 2 3 1. Vacation credits may accrue and accumulate for a maximum of two years' 4 total accumulated vacation credits on a carry over basis from year to year. Vacations or 5 6 portions thereof from any one year so accrued may run consecutively with vacations or 7 portions thereof of the next succeeding year. 8 2. In the event an employee works less than 50% of the total normal work 9 hours in a pay period, he/she shall not be credited with any vacation leave for such pay 10 period. Approved vacation, sick, holiday, and Administrative Leave shall be considered as 11 12 time worked for this item only. 13 3. When an employee resigns or otherwise leaves the service of the City, 14 payment shall be made to the employee for the earned portion of his vacation on the basis 15 of the hourly rate of pay being received by the employee on the date of separation. 16 R. Tuition Costs 17 18 All participants shall be reimbursed for selected tuition costs and text books for 19 previously approved job related courses which will increase the value of the employee to 20 the City, provided that the employee achieves a passing grade of`B"or better. The 21 amount of reimbursement shall be the equivalent of tuition costs for up to six units per 22 23 quarter as charged by Cal State University, San Bernardino, or up to one and one half 24 times that amount if based on a semester. 25 S. Sick Leave 26 All participants shall be granted 6 working days of sick leave or %: shift for shift 27 employees after 6 calendar months of continuous service. Thereafter, sick leave as herein 28 provided shall accrue at a rate of 8 hours per month,4 hours per pay period or%: shift per it RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 month for approximately 6.0 hours per pay period for shift employees. In the event 4 an employee works less than fifty percent of the total normal work hours in the pay period, 5 6 he/she shall not be credited with any sick leave for such pay period. Approved vacation, 7 sick leave, holiday or administrative leave shall be considered as time worked for the 8 purpose of computing sick leave benefits only. Whenever an employee uses all allowable 9 sick leave, further absences may be charged against accrued vacation or with department 10 head approval, the employee may take loss of pay rather than vacation. 11 12 1. Sick leave means the absence from duty of an employee because of illness 13 or injury, exposure to contagious disease, attendance upon a member of his/her 14 immediate family who is seriously ill and requires the care of or attendance of an 15 employee, or death in the immediate family of the employee. Immediate family 16 means: husband, wife, grandmother, grandfather, mother, father, sister, brother, 17 18 son or daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in- 19 law or daughter-in-law. 20 2. =Upon the Department Head's request, an employee must provide a 21 physician's statement to justify a sick leave of five consecutive days or 2 '/2 shifts 22 23 or longer. If the department head finds with just cause that sick leave is being 24 abused, the employee may be required to submit a physician's statement after any 25 absence. 26 3. No absence due to illness or injury in excess of five working days or 2 '/2 27 shifts shall be approved except after the presentation of satisfactory evidence of 28 i 12 d RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129;97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 illness or injury;j ry; namely a certificate from a practicing physician or an authorized 4 practicing chiropractor approved by the City Administrator. The Mayor an d 5 6 Common Council shall have the power to require that any person claiming the 7 sick leave benefits of this resolution be examined at any reasonable time or 8 intervals by the City's designated physician, and in the event of an adverse report to 9 reject such claim for sick leave, in whole or in part, and to terminate sick leave 10 compensation. In the event of the refusal of any person to submit to such it 12 examination after notification, the City Administrator may terminate sick leave I 13 compensation and reject any claim therefor. The City Administrator shall have the 14� 1 right to require the presentation of a certificate from a practicing physician stating i 15 that an employee is physically or psychologically able to perform his/her work and 161 duties satisfactorily before permitting an employee who has been on sick leave to 17� i return to work. 19I 4. In order to receive compensation while absent on sick leave, the employee 20 shalrnotify his/her immediate supervisor prior to or within four hours after the time 21 set for beginning his/her daily duties, or as may be specified by the Head of his/her 20 Department. 23 5. When absence is for more than one work day, the employee may be j 24 25 required to file a physician's certificate or a personal affidavit with the Director of 26 Human Resources stating the cause of the absence. 27 28 13 i RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 6. Whenever an employee is compensated hereunder for sick leave or injury 4 and has not had a vacation at the end of the current calendar year, he/she shall be 5 6 allowed to take his/her vacation in the next calendar year. 7 7. Whenever, the term "service of the City" appears herein, it shall be deemed 8 to include all service to the City of San Bernardino, the San Bernardino Board of 9 Water Commissioners and the San Bernardino Free Public Library Board. 10lS. Sick leave may be accumulated without limit and approved time off with 11 12 pay for sick leave shall be considered as time worked for purposes of the accrual of 13 sick leave only. Sick leave shall not accumulate during periods of leave of absence I 141 without pay. The words "working day" shall mean a normal day to which an to employee has been assigned to work. 16 9. Unused sick leave is payable upon resignation, retirement or death, except 17 i 18 dismissal or resignation with prejudice at 50% of total accumulated hours. There is 19 no cap or service requirement. 20 T. Injury Leave 21 All non-safety employees shall be granted industrial accident and illness absence 221 23 with full pay for each such accident or illness for the first 7 calendar days of their I 24 disability. Effective with day 8 of the necessary absence for such illness, each employee 25 shall be authorized, upon his/her written request, to utilize any balance of his/her 26 accumulated sick leave or vacation credits to augment the amount of temporary disability 27 compensation received to the extent that the total sum received will result in a payment 28 equal to his/her regular and normal compensation. The utilization of sick leave for this 14 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 purpose shall end with termination of the temporary disability or when the accumulated 4 sick leave credits have been exhausted, whichever occurs first. 5 6 When injury is sustained in the course and scope of employment with the City by a 7 safety employee, said employee shall be compensated under the provisions of the Workers' 8 Compensation Insurance and Safety Act of California and not under the provisions of this 9 resolution; provided that he/she shall be reimbursed pursuant to the provisions of 10 11 California Labor Code Section 4850 during the first 365 days of disability. i 12 Safety employees who are receiving payments under Labor Code Section 4850 i 13 I shall accrue vacation, sick leave and holiday credits during such absence from duty. 14 When any employee is off duty on injury leave and has not had a vacation at the 15 end of the current year, he shall be allowed to take his vacation in the calendar year he 16 17 returns to duty. i 18 When an employee sustains what he/she believes to be an industrial injury or 19 illness, the employee shall notify the supervisor immediately, or as soon as possible. The 20 employee shall prepare and submit a report of injury or illness, and the supervisor shall 21 prepare the supervisor's report, and make distribution. In the event the employee is unable 22 to prepare the report within 24 hours, the supervisor or a member of the 23 24 division/department staff shall prepare the required report. Benefits will not be paid, until 25 the required reports have been filed with Human Resources, and a doctor's first report of 26 injury or illness has been received. The employee has the right to be examined and treated 27 by a physician of their choice, within the required time, for the alleged injury or illness, as 28 required by the California Labor Code. 15 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 The City shall have the right to require the employee be examined by a physician 4 designated by the City, to assist in determining the length of time during which the 5 6 employee will be unable to perform the assigned duties, and if the disability is attributable 7 to the injury involved. 8 Should there be a dispute between the physician selected by the City and the 9 physician selected by the employee, a third physician shall be mutually agreed upon 10 between the employee and the City to examine the employee, to assist in making necessary 11 ' 12 medical determinations. 13 U. Reasonable Suspicion Testing 14 1. Employees will participate in a reasonable suspicion testing program for 1511 drugs and alcohol, following the Reasonable Suspicion Drug/Alcohol Testing procedure 16 described in the City of San Bernardino's policy on Drugs and Alcohol Testing of 17 i ' 1 Employees with Commercial Drivers Licenses. 18� � 19 2. The Fire Management employees agree to have Fire Management 20 employees with drivers licenses of (1) Class "B" FX with "X" endorsement, (2) with 21 Commercial Drivers licenses or (3) Class "C" drivers licenses participate in reasonable 2211 1 suspicion drug and alcohol testing, as outlined in the Fire Safety Employees' MOU. 23 24 3. All supervisors will receive training consisting of at least six (6) hours on 25 identification of actions, appearance or conduct which are indicative of the use of drugs or 26 alcohol. 27 4. A Supervisor must directly observe and document the behavior on a 28 reasonable suspicion checklist. Reasonable suspicion may not be based on hearsay. 16 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 4 5 V. Leave of Absence Without Pay 6 Leave of absence without pay is a temporary non-pay status and absence from duty 7 granted at the request of the employee. Leave of absence without pay may be granted by 8 the Mayor and Common Council for a period not to exceed 6 months, upon the positive 9 recommendation of the department head and the City Administrator. Under justifiable 10 iT conditions, said leave may be extended by the Mayor and Common Council for additional 12 periods. Leave of absence without pay will be considered favorably if it is expected that 13 the employee will return to duty and that at least one of the following benefits will result: 141 increased job ability, protection or improvement of the employee's health, retention of a 15 desirable employee, or futherance of a program of interest to the City. Examples of or 16 17 conditions for which a leave of absence without pay may be granted are: 181 1. For an employee who is a disabled veteran requiring medical treatment; 19 I 2. For an employee who is temporarily mentally or physically unable to 20 —perform his/her duties; 21 3. For an employee who files for or assumes elected office; 22 4. For maternity or paternity leave, upon the recommendation of the attending 23 24 physician; 25 5. For military leave when the employee has less than 1 year of service to 26 qualify for leave with pay. 27 An approved leave of absence without pay for less than 60 days in any calendar 28 year will not be considered a break in service. Leave in excess of 60 days shall result in n RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 the advancement of the employee's anniversary date and compensation advancement date 4 5 to such date as will account for the total period of uncompensated time off. Failure to 6 return to duty at the expiration of the approved leave of absence without pay shall 7 constitute an abandonment of the position pursuant to Rule 507 of the Rules of the Civil 8 Service Board and shall be prosecuted consistently therewith. 9 W. No Pay Status 10 If an employee does not have time reported to payroll during a pay period resulting 11 12 in no payroll check issued, they will be considered on no pay status. The Finance 13 Department will bill the employee for both the employee and employer portions of their 14. Insurance Benefits. This will be in effect for any and all pay periods during the time 15 employee is no pay status. Employees can voluntarily cancel insurance benefits by 16 17 contacting the Human Resource Department. If an employee chooses to cancel their health 18 benefits they will be subject to re-enrollment pursuant to PERS guidelines. In 19 circumstances in which either the Federal Family Leave Act or the State Medical and 20 Family Leav�4ct apply, the City shall adhere to the requirements of the Acts. 21 Notwithstanding any other provision of this section to the contrary, the City will 22 23 continue its contribution for health and life insurance premiums of an employee on no pay 24 status or leave of absence due to any injury or illness arising out of and in the course of 25 his/her employment with the City. 26 27 23 ' is RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 X. Holidays 4 5 All participants shall receive the following paid holidays: 6 • New Year's Day January 1 7 • Martin Luther King Day 3'Monday in January 8 Presidents Da ' ' Y 3rd Monday in February 9 10 Memorial Day Last Monday in May 11 • Independence Day July 4 12 • Labor Day First Monday in September 13 • Veteran's Day November 11 14 15 Thanksgiving 4"Thursday in November 16 • Day After Thanksgiving 4" or 5" Friday in November 17 • Christmas Eve December 24 18 • Christmas Day December 25 19 New Year's Eve December 31 20 = 21 • Two (2) Floating Holidays (16 holiday hours) 22 Holidays listed above shall be allowed on a Monday, if any such holiday falls on 23 Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday, 24 for all employees except those covered by other provisions herein. If the Christmas and 25 26 New Year holidays occur on Mondays, these holidays and the holiday eves will be 27 observed on Mondays and Tuesdays. 28 19 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 2 352, 97-357, 1999-197, AND 1999-198 3 At the beginning of each calendar year, the City will determine how many of the 4 5 above holidays fall on a regularly scheduled day off. An employee working on a 9/80 or a 6 4/10 schedule will accrue the equivalent number of hours of holiday time ("holiday 7 account") with one (1) holiday equivalent to eight(8) hours. 8 In lieu of the above, shift employees shall accrue 6 %z shifts per calendar year, 9 accrual at 6 hours per pay period. 10 11 Holidays earned in any calendar year are not cumulative beyond the total number of 12 I holidays allowed each year by this pay plan. 13 Effective each January 1'`, unit employees will receive 16 hours in their Holiday 14 Account (formerly known as Floating Holidays). Employees may have more than 16 hours I 15 accrued in their holiday account, but with the exception of Police Safety Management, may 17 only carry over a total of 16 hours of holiday time to the next calendar year. Any holiday 18 account hours over 16 hours on December 31" of each year, with the exception o£Police 19 Safety Management, will be lost hours. Police Safety Management will have a maximum 20 holiday accrual of 112 hours. 21 22 If a holiday falls on a nine — or ten — hour work day, the employee will be paid 23 eight (8) hours holiday pay. The employee may supplement the holiday with accrued 24 vacation, holiday account time, or no pay. 25 If new employees elect to "draw down" from the holiday account, the hours used 26 will be deducted from the 16 holiday account hours they receive upon the completion of 27 six(6)months of continuous service. 28 I 20 I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND I BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-7,7, 97- 2 352, 97-357, 1999-197, AND 1999-198 3 In the event of the employee's failure for any reason to take such holiday account 4 5 hours during the term of this Resolution, the employees shall be paid for his/her holiday 6 I account balance, upon separation from the City. I 7 Y. Benefits Reopener j 8 It is intended that this plan not discriminate in favor of highly compensated j 9 employees or key employees as to contributions and benefits, in compliance with the 10 requirements of Section 89 of the Tar Reform Act of 1986. If existing non-taxable fringe 11 12 I benefits are found to be taxable pursuant to new law, regulations or interpretations, the i 13 I City agrees to discuss implementation of alternate forms of compensating affected 14. f employees to minimize their tax liability. i to SECTION 2: Resolution Numbers 89-129, 97-77, 97-352, 97-357, 1999-197, and 16 1999-198 are hereby rescinded in their entirety. 17 18 19 20 21 22 23 24 25 26 27 23 21 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND 1 BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352, 97-357, 1999-197, AND 1999-198 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 5 and Common Council of the City of San Bernardino at a meeting 6 thereof, held on the day of 2000,by the following vote, to wit: 7 COUNCILMEMBERS AYES NAYS ABSTAIN ABSTAIN 8 ESTRADA 9 LIEN 10 MCGINNIS 11 12 SCHNETZ 13I SUAREZ i 14 ANDERSON j 15 MILLER 16 17 13 Rachel Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 20 21 2000. 22 Judith Valles, Mayor 23 City of San Bernardino Approved as to form 24 and legal content: 25 JAMES F. PENMAN 26 City Attorney s 27 BY: 28 22 ATTACHMENT A CONFIDENTIAL EMPLOYEES Accounting Technician II Administrative Operations Supervisor(U) (City Attorney, City Treasurer) City Attorney Investigator(IT) Computer Operator Deputy City Attorney I(U) Deputy City Attorney U (U) Deputy City Attorney III(U) Deputy City Attorney IV (U) Deputy City Clerk I (U) Deputy City Clerk H(U) Executive Secretary (U) GIS Coordinator Grant Coordinator/Writer Legal Secretary II (U) Legal Secretary I (U) Paralegal I(U) Payroll Technician Personnel Analyst Programmer Programmer Analyst Secretary (U) (City Administrator, Council, Mayor) Senior Deputy City Attorney(U) Senior Programmer Senior Secretary (U) (Administrative Office,Councif,I)evetopment Department Finance, Fire, Human Resources, Police) MANAGEMENT EMPLOYEES Accounting Manager(U) Adm'mistrative Analyst Administrative Assistant to the City Administrator(U) Administrative Operations Supervisor II Assistant City Administrator(U) Assistant City Attorney(U) Assistant Director/Division Chief(JTPA) (U) Assistant Police Chief(U) Assistant to the City Administrator Assistant to the Mayor I(U) Assistant to the Mayor II(U) Associate Library Director(U) Battalion Chief Budget Officer Business Registration Supervisor(U) t CITY-OPSAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: FRED WILSON Subject: RESOLUTION ESTABLISHING MANAGEMENT & CONFIDENTIAL CITY ADMINISTRATION M EMPLOYEES COMPENSATION Date: DECEMBER 13, 1999 �O � lJ NG RESOLUTION NON DR29CIND- INCORPORATING RESOLUTION NOS, 97-77, 97-352, 97-357, 1999-197 AND Synopsis of Previous Council Action: 1999-198 May 18, 1989, the Mayor and Common Council approved Resolution No. 89-129 establishing Management and Confidential Employees compensation and benefit plan. Recommended Motion: Adopt Resolution. �K/7 011t�c1d� SibYature Contact Person: Phone: Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: $103,100 Fiscal Year 1999-00 Source: (Acct No) Various (Acct Description) Finance: 1 // - Coin-" Notes: BOG l/l0/00 Agenda Item No. 23 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Adopt Resolution establishing Confidential and Management Employees compensation and benefits plan. BACKGROUND The City Administrator and the Advisory Committee of the San Bernardino Confidential Management Association (SBCMA) have met and discussed various proposals for the SBCMA employees. On December 1, 1999, SBCMA accepted a proposal subject to approval by the Mayor and Common Council, which contains the following items: Wages: A two percent (2%) salary increase, effective January 1, 2000. PERS 2% CU) 55 - The City agrees to amend its PERS contract to provide the 2% @ 55 benefit effective June 30, 2001, with all cost being borne by the City. Classification and Compensation Study The City award a contract and pay for a classification and compensation study. The intent is to award a contract by December 31, 1999, and complete the study by May 1, 2000. The City agrees to a re-opener after the study is completed to discuss implementation by September 1, 2000. President's Day Holiday: The City will add President's Day Holiday to the list of designated holidays for a total of twelve (12) holidays, equivalent to ninety-six (96) hours per year. PERS Buv Back of Time: The City agrees to amend its PERS contract to allow employees to buy back previous eligible time, tax deferred, after the employee contacts PERS and obtains their approval. Health Benefit Cap: The Association agrees to freeze the health benefit cap at the rate effective September 1, 2000. In addition to adopting Resolution establishing Confidential and Management Employees compensation and benefits plan, this action will also rescind Resolution Nos. 89-129, 97-77; 97-352; 97-357, 1999-197 and 1999-198. FINANCIAL IMPACT SUMMARY OF COSTING Year 1 Year 2 Year 3 Contract Cost Annual Cost Wages 62,400 124,800 124,800 312,000 124,800 Class & Comp Study 13,200 0 -013,200 0 President's Day 27,500 27,500 27,500 82,500 27,500 PERS Buy Back NO COST 0 0 Health Benefits Cap 0 ( 1,300) ( 2,500) ( 3,800) ( 51000) SUBTOTAL 103,100 151,000 149,800 403,900 147,300 •2% @ 55 0 1,871,059 0 1,871,059 0 TOTAL 103,100 2,022,059 149,800 2,274,959 147,300 *Paid from PERS surplus, not from the City's budget. RECOMMENDATION It is recommended that the Mayor and Common Council adopt the attached resolution, which includes all of the items listed above.