HomeMy WebLinkAbout2015-242 I RESOLUTION NO.2015-242
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 2007-345, REGARDING THE ESTABLISHMENT OF
3 MANAGEMENT/CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN BETWEEN
THE CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES
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WHEREAS, it is necessary to codify the changes to compensation and benefits granted to management
5 and confidential employees;
6 NOW THEREFORE,BE IT RESOLVED THAT:
7 SECTION 1. The Mayor and Common Council hereby establish changes to Management and
8 Confidential Employee Compensation and Benefits Plan detailed in Resolution No. 2007-345 to make the
following changes:
9 1. The term of this Resolution begins on July 1,2015 and extends through June 30,2017. If negotiations
10 regarding a Resolution establishing a compensation and benefits plan for the
Management/Confidential Employees have not concluded by the time this Resolution expires, the
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terms of this Resolution shall remain in effect until a new Resolution is adopted by the Mayor and
12 Common Council.
2. Compensation/Salaries—Effective July 1,2015,all Management/Confidential Employees will receive
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a Cost of Living Adjustment of 2% to their current salary ranges/steps. Effective July 1, 2016, all
14 Management/Confidential Employees will receive an additional Cost of Living Adjustment of 2%to
15 their salary ranges/steps.
3. Insurance (Medical, Dental & Vision) — Effective January 1, 2016, the City will contribute: a)
16 $975.00 per month towards the purchase of health care premiums for "Employee with No
17 Dependents." and b) $1,100.00 per month towards the purchase of health care premiums for
"Employee Plus One or More Dependents." Any employee who chooses not to enroll in any health
18 care plan offered by the City, must provide evidence of group health care insurance coverage and
19 execute a Waiver of Benefits and Release Agreement, releasing the City from any responsibility or
liability to provide health care insurance coverage on an annual basis. Employees who do not enroll in
20 a City health care plan during open enrollment and execute the forms above, shall receive a stipend of
21 $2,500.00 on December 15 of each year covered by this Resolution. Employees participating in this
option are required to waive all medical, dental and vision coverage provided by the City.
22 Management/Confidential Employees will be entitled to utilize the entire stipend detailed above in 3.
23 a) and b). If employees in this group choose insurance coverage below the stipend amount, they may
choose to contribute the remaining amount towards additional life insurance or a City-provided
24 deferred compensation plan.
25 4. Life and Accidental Death & Dismemberment (AD&D) Insurance — Effective January 1, 2016, the
City shall provide Term Life and Accidental Death & Dismemberment Insurance of one times the
I Management/Confidential
I employee's annual salary for Executive Management, Seventy-five thousand dollars($75,000)for all
2 other Management employees,and fifty thousand dollars($50,000)for Confidential employees.
5. At January 1 of each year,Management/Confidential employees who have not used more than twenty
3 (20)hours of sick leave in the prior twelve month period will automatically receive a cash payment of
4 two hundred and fifty dollars($250).
6. Holidays—Effective July 1,2015, all full-time employees within the Management/Confidential group
5 shall be entitled to twelve (12) City-designated holidays, the equivalent of one hundred eight (108)
6 holiday hours each year for those employees on a regular work schedule (8 hours per day Monday
through Friday) or a 9/80 work schedule and one hundred twenty (120) holiday hours each year for
7 those employees on a 4/10 work schedule.
8 7. Jury Duty—The City will pay for all working days in a calendar year of a covered employee who is
required to serve jury duty.
9 8. Administrative Leave—Additional administrative leave may be granted, up to a maximum of twenty
10 (20) hours, with request in writing, including justification, recommended by the employee's
department head, and approved by the City Manager(or the Elected Official in non-manager directed
11 departments)each fiscal year.At June 30 of each year,any unused Administrative Leave up to twenty
12 (20)hours will be automatically carried over to the following fiscal year.Administrative Leave has no
cash value and shall not be paid out at any time.
13 9. Pre-Petition Leave Balances — This section affects those Management/Confidential employees
14 employed by the City on the approval date of this Resolution who had existing leave accruals for
vacation leave, sick leave and holiday leave on August 1,2012.
15 . All vacation leave balances, sick leave balances and holiday leave balances that all
16 employees in this bargaining group had accrued as of August 1, 2012 ("pre-petition leave")
will be separated from post August 1, 2012 leave accruals ("post-petition leave") in each of
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these leave categories.
18 • Pre-petition leave balances, including vacation leave, sick leave and holiday leave, may be
19 utilized by employees in this bargaining group. However, employees are required to utilize
all post-petition leave accruals in each category before they utilize any pre-petition leave
20 accruals in the same leave category.
21 • Upon separation from employment with the City, employees will receive payment for any
post-petition leave balances according to the terms and conditions outlined in their existing
22 Resolution and the final paragraph of this section.
23 • Upon separation from employment with the City, employees will not receive payment for
any pre-petition leave balances. The monetary value of all pre-petition leave bank accruals
24 will be placed in the unsecured creditors' pool and be the subject of distribution as part of
25 the bankruptcy unsecured creditors' pool. Upon final approval of the City's Plan of
Adjustment by the Bankruptcy Court, any remaining pre-petition leave balances, although
2 Management/Confidential
I available for use by current employees, will have no cash value to current employees upon
2 separation from employment with the City.
• Upon separation from employment with the City, with the exception of post-petition
3 vacation accruals, all post-petition leave accruals will be deferred pending the final approval
4 and effective date of a Plan of Adjustment by the Bankruptcy Court.
10. The following Appendix is added:
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6 APPENDIX A to RESOLUTION
7 Bankruptcy Provisions and Release of Claims:
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9 1. The changes to the resolution will become effective upon adoption by the Mayor and Common Council an
agreement by the Management/Confidential Association(SBCMA),provided however,that the Resolution
10 will become null and void and of no further effect if the City's Plan of Adjustment (Plan) is not approve
by the Bankruptcy Court.
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12 2. The City will append the Resolution to its Plan of Adjustment, and the Plan and confirmation order shall
provide for Court approval of the Resolution.
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14 3. Under the Plan, all claims of the Management/Confidential Association (SBCMA) and its members with
respect to wages, pensions (including implementation of cost sharing and elimination of the EPM
benefit), other benefits and other terms and conditions of employment that arose prior to the date of the
15 confirmation of the Plan, including, without limitations, all claims arising from the City's changes to the
terms and conditions of employment (collectively the "Employment Related Claims"), shall be treated as
16 general unsecured claims under the Plan, and the City and its officers shall be discharged from such
Employment Related Claims upon confirmation of the Plan; provided, however, that any claims arising
17 under the Resolution after it is executed by the City and the Management/Confidential Association
(SBCMA), e.g. grievances, shall not be discharged as long as(a)the Management/Confidential Association
18 (SBCMA) complies with the terms of the Resolution, including this Appendix A, and (b) the Court
confirms the Plan.
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20 4. The Management/Confidential Association (SBCMA) shall support confirmation of the Plan that
incorporates the Resolution,including this Appendix A.
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5. The City and the Management/Confidential Association(SBCMA) shall stipulate and agree on the amount
22 of the Employment Related Claims. The Management/Confidential Association (SBCMA) shall vote the
full amount of the Employment Related Claims in favor of the Plan and shall indicate to the Court it
23 support for confirmation of the Plan.
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6. This Resolution, including this Appendix A, is not a solicitation by the City, and the
25 Management/Confidential Association (SBCMA's) commitment to vote the Employment Related Claim
in favor of the Plan is not effective until the Court approves a Disclosure Statement that incorporates this
Resolution.
3 Management/Confidential
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2 SECTION 2. Resolution 2014-249, Section 1,Numbers 1 through 6 and Number 7,except that the excess
sick leave banks are considered to be pre-petition leave and treated accordingly(refer to Number 9 above
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—Pre-Petition Leave Balances),Numbers 8 and 9, Section 2,and Section 3 remain in effect for the term of
4 this Resolution.
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I
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
2 AMENDING RESOLUTION NO. 2007-345, REGARDING THE ESTABLISHMENT OF
MANAGEMENT/CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN BETWEEN
3 THE CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 2°
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7 day of November, 2015, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
10 BARRIOS X
11 VALDIVIA X
12
SHORETT X
13
NICKEL X
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JOHNSON X
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16 MULVIHILL X
17 - 1�—
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11--GeorgeanWHanna, WC, City Clerk
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The foregoing Resolution is hereby approved this day of November, 2015.
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21 / a , a�"
R. Carey D is, Mayor
22 City of Safi Bernardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
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By
5 Management/Confidential