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HomeMy WebLinkAbout29-Personnel . - ~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. ~'1' ) /-A-L~-/? c l,~.-_ C Sign;r{ure Contact person: Gordon R. Johnson Phone: 5161 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: ~n"n,j" I."", N"d'f; - . , 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 I I.... ~/r ~iVil Service Board May 24, 1988 o 2 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) * , FROM: SUBJ~CT : DATE: COPIES: o o 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) ------------------------------------------------------------- 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. ~-/p S ,J-I,<i8 , ,r ~ o o 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) 'I ~ - - j o o 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. , " S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 - ~ - - 1 o o 1 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 , o o 1 RESOLUTION TO AMEND CONTRACT WITH THE PUBLIC EMPLOYEES' RE- TIREMENT SYSTEM 2 3 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 12 13 Bernardino at a meeting thereof, held on the day of , 1988, by the following vote, 14 to '.-lit: IS 16 17 18 19 20 21 22 23 24 2S 26 Council lo1embers AVFiR: NAYS: ABSENT: Citv Cl(?j:'~< The foreqoing resolution is hereby approved this of , 1988. EVLYN WILCOX, lo1ayor City of San Bernardino 27 28 Approved as to form and legal content: (~l 2~~ (/ / ity 'Attorney '-' . 0* * * o COP Y * * * o~~: ~~ "~~ e{.:r O"'~, .' ,,\".;: , ~O\~- "S'\-, ~~Y' Q- 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). - - ..L- n ~ 0* * * o COP Y * * * 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). o~\.'f' "'t."''f\\V>\~ ...'Oi\ S\G~ 0\" ?\.,=-~St. \) 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). .....- .:;". (" c;$ '/', ' 0' ~ (') "'. (.~ '> . <,t t:> - &. J --'.;:a o. . . o COP Y . . . 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: , ~ "$ .:::-<<' (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. -.,~,., . .n._ '. 0* * * COP Y * * * 0 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 ~~);. ~~ ' ,'f.'f.~'\ . ~ ' c.,\,r-'- BY \r0 . i!~ ~ CONRAD TANT EXECUTIVE OFFICER 9\ ONTRACT AND PROGRAM SERVICES CITY COUNCIL OF THE CITY OF SAN ~' BERNARDINO ~ BY ~ Presiding OffiC~~ ~ q ~, ('I Wi tness D't"'ff "'t Attest4 ~~~ Clerk PERS-CON-702 (AMENDMENT) (Rev. 9/86)