Loading...
HomeMy WebLinkAbout19- City Adminstration CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: FRED WILSON Subject: RESOLUTION ESTABLISHING MANAGEMENT & CONFIDENTIAL Dept: CITY ADMINISTRATION EMPLOYEES COMPENSATION AND BENEFIT PLAN Date: JANUARY 3, 2000 ORIUINAL RESOLUTION NO. 8g_12DyRESCIND- 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. Signature Contact Person: Phone: Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: $107,500 Fiscal Year 1999-00 Source: (Acct No) Various (Acct Description) Finance: Council NotesT /cam y? oo AncnAe Ifum Nn 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% cD 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: Section 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 Pa v — 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 Police Management has requested the following additional contract changes: Educational Incentive: Increase educational incentive monthly pay for Police Management by $50.00 effective March 1, 2000, and an additional $50.00 effective January 1, 2001. These changes bring Police Management in line with the POA. 9. AAWCFO0STI%i Yea1 Yew2 1ffi3 OrtadOA And 0A V1hgcs fit 1A8Cq 124,800 31ZOOI 124,801 Qaw.& 13,2X 0 0 1 PmJdfffsCtV 27,501 27,W0 27,500 8Z501 9, PB;SaVI3ack PD O06T HaEthBffdits(ap I C 1 (38013, (5 VS=BTOrA- 4, 1 17, 17, 107 164 167, 438;1 167, 1871, 1,871,M C IWPL '107 IR1011 zmiq ism I"PadfrarnPERSSjoLs,rutfrvnt e Copy I RESOLUTION 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 3 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352,97-357, 1999- 197,AND 1999-198. 4 5 WHEREAS,it is necessary to codify the compensation and benefits granted to management 6 and confidential employees; 7 NOW THEREFORE, BE IT RESOLVED THAT: 8 SECTION 1. The Mayor and Common Council hereby establish a Management and 9 Confidential Employee Compensation and Benefits Plan which defines the wages and benefits of 10 those employees whose positions are a part of the Management/Confidential Group and are 11 represented by the San Bernardino Management/Confidential Association (Association). 12 SECTION 2. The Management/Confidential Employee Compensation and Benefits Plan 13 (Plan) shall be as follows: 14 A. Classifications 15 All Classifications listed in Resolution 6413, Sections 12 and 14 shall be covered by this 16 Plan. Attachment "A" lists those classifications as of the adoption of this resolution. 17 B. Compensation 18 1. Safety Classifications shall have their salaries determined in accordance with Charter 19 Section 186. 20 2. Effective l/l/OQ all non-safety employees will receive a 2% salary increase. 21 3. The City will award a contract and pay for a class and compensation study for all non- 22 safety employees. After the study is completed (target date is 511100), the City agrees to discuss 23 implementation of the study by 9/1/00. 24 4. Annually, all non-safety management and confidential employees who have not yet 25 reached top step, may receive an increase ranging from 0% to 5%, based upon performance 26 evaluations, if given, completed within the previous evaluation period. The evaluation period is six 27 months for employees initially hired at Step 1, and twelve months between all other steps. 28 5. Elected officials, the Civil Service Board, Library Board and Water Board may SDFJea[Mgtconf.Resl I /(� / January 20.2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129,97-77,97-352,97-357, 1999- 197,AND 1999-198. 3 4 determine whether or not to conduct evaluations in writing. Regardless of whether or not written 5 evaluations are given,elected officials, the Civil Service Board, Library Board and the Water Board 6 may give Step increases not to exceed 5%. 7 6. All other management and confidential employees shall be evaluated in writing. 8 a. Evaluation of department heads and heads of divisions within the City 9 Administrator's Office will be performed by the City Administrator and reviewed by 10 the Mayor. I I b. Evaluation of other management/confidential employees will be performed 12 by the department head, or division head. In the case of divisions within the City 13 Administrator's Office, the division head will perform the evaluation of the 14 management/confidential employees in that division and may be reviewed by the City 15 Administrator. Evaluation forms for these employees will be provided by the Human 16 Resources Department. 17 7. Recommendations for increases shall be submitted to payroll on a form provided by 18 Finance at least 30 days prior to the expiration of the evaluation period. 19 a. Recommendations for salary advancement of a department head, or division 20 head within the Office of the City Administrator, shall be submitted by the City 21 Administrator. 22 b. Recommendations for salary advancement of the Civil Service Chief 23 Examiner shall be submitted by the Civil Service Board. 24 C. Recommendations for salary advancement of the City Librarian shall be 25 submitted by the Library Board. 26 d. Recommendations for salary advancement of employees of elected officials, 27 with the exception of the Council Office, shall be approved and submitted by the 28 Elected Official. SDFJea fMgtConfResl 2 lanuuy 20.2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352, 97-357, 1999- 197,AND 1999-198. 3 4 e. Recommendations for salary advancement within the Council Office shall be 5 submitted by the Council Committee. 6 f Recommendations for advancement of all other management/confidential 7 employees shall be submitted by their respective department heads. 8 C. Insurance (Medical, Dental, &Vision) 9 The City's contribution to the Plan for each employee shall be an amount equal to the 10 monthly premium for the available PERS family medical plan,and city sponsored family dental and 1 I vision plans having the highest premiums. The City's contribution will be frozen at the above 12 amount effective 9/1/00. Available PERS medical plans include those plans in which active 13 employees may enroll. This contribution may be used to purchase City sponsored medical, dental, 14 vision and life insurance. 15 D. Retired Employees Medical Insurance 16 The City shall contribute a maximum of$16.00 per month per retired employee to be used 17 exclusively for the purchase of a PERS medical insurance benefit. 18 E. Long Term Disability Insurance 19 The City shall provide long term disability insurance for employees. Subject to the usual 20 provisions and exclusions of such insurance plans, the coverage shall be for 60% of salary after 60 21 calendar day elimination period, for a maximum period of two years. An employee shall not be 22 required to exhaust his or her sick leave to receive benefits. 23 F. Life and AD&D Insurance 24 The City shall provide Term Life and Accidental Death and Dismemberment Insurance of 25 $50,000 for Management employees and$25,000 for Confidential employees. 26 G. Department Head Allowance 27 A Department Head is entitled to an allowance of$50.00 per month to cover various work 28 related expenses. The allowance shall not accumulate from month to month. Sums provided SDE/ea[MgtConf.Res] 3 January 20.2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129,97-77,97-352,97-357, 1999- 197,AND 1999-198. 3 4 hereunder shall be on a reimbursement basis under a system to be developed by the City 5 Administrator. 6 H. Uniform Allowance 7 Police 8 a. Once each fiscal year,each Police Safety Management member shall receive 9 an annual uniform allowance of$500 to be paid in a lump sum amount during the 10 first pay period of March. 11 b. New employees must wait until the first pay period of March to receive their 12 annual uniform allowance. 13 Fire 14 a. The City shall furnish and replace as needed the following items: 15 Four (4) work shirts; 16 Three (3)pairs of work trousers; 17 Safety boots or shoes 18 I. PERS 19 Non-safety employees: 20 1. Any non-safety employees hired on or after January 1, 1998, the City will pay five 21 percent (5%) of the members' contribution to PERS credited to the employee's account as a fringe 22 benefit. Upon said employees completing five (5)years of service, the City will pay two percent 23 (2%) additional of the members' contribution to PERS credited to the employee's account as a fringe 24 benefit on the first pay period of the sixth year of service. 25 2. The City agrees to implement the 2% @ 55 retirement benefit effective 6/30/2001 26 with the City paying the increased cost for this benefit. 27 3. City will amend the PERS contract to allow employees to buy back previous eligible 28 time,tax deferred, after the employee contacts PERS and obtains their approval. SDFIea(MgtConf.Res] 4 January 20.2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISIIING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97-352, 97-357, 1999- 197,AND 1999-198. 3 4 4. As of August 1, 1998, the City contracted with PERS to provide Section 21574, 5 Fourth Level of 1959 Survivor Benefits. All associated costs of this benefit will be home by the 6 employee. 7 Safety Employees: 8 1. For Safety Employees, the City will pay the 9% employee contribution to PERS 9 through December 31, 1999. 10 2. The City agrees to pay the employer contribution for the 4th level of 1959 survivor's 11 benefit for Fire Management Employees. 12 3. As of January 1,2000,the City shall increase the base salary of all employees covered 13 by this agreement by converting the nine percent(9%)Employer Paid Member Contribution(EPMC) 14 to base salary. This base salary is "compensation eamable" as defined in Section 20636 (c) of the 15 California Government Code and shall be reported to the Public Employees Retirement System 16 (PEAS). Employees will then assume responsibility for payment of the nine percent(9%) employee 17 retirement contribution to PERS and all associated costs for the conversion of the EPMC to base 18 salary. The City shall designate such payment as an Employer Pick-Up as defined under the 19 provisions of Section 414(h)(2) of the Internal Revenue Code (26 USC 414(h)(2)). The employee 20 contribution to PERS shall be made through automatic payroll deductions from the base salary in 21 accordance with PERS regulations. 22 For purposes of determining overtime compensation and other salary payments, including 23 but not limited to,payoff sick leave, vacation accruals,holiday accruals and comp time balances, the 24 aforementioned nine percent (9%) base salary increase shall not be considered. 25 J. Education Reimbursement 26 All Safety Management members shall be entitled to receive, in addition to their regular 27 salary and as may be appropriate, one of the levels of incentive payment as outlined below: 28 /// SDFha lMgtConf Resl 5 January 20,2000 11 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352, 97-357, 1999- 197,AND 1999-198. 3 4 Fire 5 1. As of January 1, 2000, a State Fire Officer Certification shall receive an 6 additional $150 per month above base salary; or, 7 2. As of January 1, 2000, a State Chief Officer Certification or completion of 8 the National Fire Academy Executive Fire Officer Program shall receive an 9 additional $250 per month above base salary. 10 taligg I I 1. One Hundred dollars($100)additional compensation per month shall be paid 12 each member who has obtained a POST Intermediate Certificate; 13 2. One hundred fifty dollars ($150)additional compensation per month shall be 14 paid each member who has obtained a POST Advanced Certificate; 15 3. One hundred seventy-five dollars ($175)additional compensation per month 16 shall be paid each member who has obtained POST Supervisory Certificate; 17 4. Two hundred dollars($200)additional compensation per month shall be paid 18 each member who has obtained a POST Management Certificate. 19 5. Effective March 1, 2000, all certificate pays in Sections 1-4 above will be 20 increased by fifty dollars ($50). 21 6. Effective January 1, 2001, all certificate pays in Sections 1-4 above will be 22 increased an additional fifty dollars ($50) above the increase obtained in Section 5 23 above. 24 K. Overtime 25 Employees will receive overtime compensation in accordance with the Fair Labor Standards 26 Act(FLSA). 27 28 SDEtea[MgtConf.Res] 6 January 20,2000 I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352, 97-357, 1999- 197,AND 1999-198. 3 4 L. Administrative Leave 5 All 40 hour/week FLSA exempt employees in lieu of monetary compensation shall be 6 assigned 56 hours of Administrative Leave and shift FLSA exempt employees shall be assigned 84 7 1 hours of such leave each July I. Administrative Leave shall not be carried beyond the end of any 8 fiscal year and shall not be paid for at any time. 9 M. Acting Pay 10 1. The Mayor may assign an employee to discharge the duties of a higher classification 11 for additional compensation as provided herein, in the event of a vacancy or during the temporary 12 absence of an employee. 13 2. An employee assigned to acting duty in writing by the Mayor shall receive acting duty 14 pay as follows: 15 a. Non-safety Employees, acting in a higher position, below the level of 16 Department/Division Head, shall receive acting duty pay on the sixth consecutive 17 work day of each acting duty assignment. No acting duty pay will be paid for the 18 first five work days of each acting duty assignment except for an employee who has 19 served a twenty day demonstration period during the previous 24 months,as recorded 20 in the employee's official personnel and/or Civil Service record. The entire period 21 of the acting duty assignment at the higher classification, including the initial work 22 demonstration period, may not exceed 60 working days except by the mutual 23 agreement of the Mayor and Common Council and the employee. 24 b. Non-safety Employees acting as Department Head or Division Head shall be 25 eligible for acting duty pay on the fast work day of each such assignment. 26 C. Safety employees'acting duty pay shall be governed by Charter Section 186. 27 3. Acting pay for non-safety employees shall be the fast step f the salary ary range for the 28 acting position next above the employee's regular salary,which would provide the acting employee SDE/ea[MgtConCRes] 7 January 20,2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129,97-77,97-352, 97-357, 1999- 197,AND 1999-198. 3 4 at least a 5% salary increase. 5 4. Upon any subsequent service of a non-safety employee who completed a prior acting 6 duty assignment in the same higher acting position, compensation at the higher rate shall commence 7 upon the first date of such subsequent service. 8 5. It is not the intent of this subsection to provide such compensation for vacation relief 9 or for limited, short-term absences. 10 N. Annual Physical Exam 11 An annual physical examination is available for all participants. The City shall pay for 12 medical fees for the physical examination of said employees. Reimbursement to the employee for 13 the examination shall not exceed $175.00. 14 O. Deferred Compensation 15 The City shall execute an agreement with a carrier to provide a deferred compensation plan 16 for all participants provided the Association concurs with the selection of the carrier and the plan. 17 P. Employee Assistance Program 18 All participants shall be able to receive assistance and counseling in solving personal and 19 emotional problems through an Employee Assistance Program at City expense. 20 Q. Vacation Leave 21 1. All Participants shall accrue: Ten days of paid vacation upon the first day of the 22 second year of continuous full time employment with the City of San Bernardino. Thereafter, 23 vacation shall accrue each pay period prorated according to the number of days or shifts per year in 24 the following chart: 25 40 hr/week 56 hr/week 26 Completed years of Employee days Employee shifts 27 us Continuo Service Per Year Per Year 28 1 10 5 SDE1ca[MgtConf.R"J g anuary U 2o0U 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129,97-77, 97-352, 97-357, 1999- 197,AND 1999-198. 3 4 5 15 7 r/: 5 15 20 10 6 20 25 12 %, 7 *No vacation shall be granted if service is less than one (1) year. 8 1. Vacation credits may accrue and accumulate for a maximum of two years' total 9 accumulated vacation credits on a carry over basis from year to year. Vacations or portions thereof 10 from any one year so accrued may run consecutively with vacations or portions thereof of the next 11 succeeding year. 12 2. In the event an employee works less than 50%of the total normal work hours in a pay 13 period,he/she shall not be credited with any vacation leave for such pay period. Approved vacation, 14 sick, holiday, and Administrative Leave shall be considered as time worked for this item only. li 3. When an employee resigns or otherwise leaves the service of the City,payment shall 16 be made to the employee for the earned portion of his vacation on the basis of the hourly rate of pay 17 being received by the employee on the date of separation. 18 R. Tuition Costs 19 All participants shall be reimbursed for selected tuition costs and text books for previously 20 approved job related courses which will increase the value of the employee to the City,provided that 21 the employee achieves a passing grade of"B" or better. The amount of reimbursement shall be the 22 equivalent of tuition costs for up to six units per quarter as charged by Cal State University, San 23 Bernardino, or up to one and one half times that amount if based on a semester. 24 S. Sick Leave 25 All participants shall be granted 6 working days of sick leave or %z shift for shift employees 26 after 6 calendar months of continuous service. Thereafter,sick leave as herein provided shall accrue 27 at a rate of 8 hours per month, 4 hours per pay period or %: shift per month for approximately 6.0 28 hours per pay period for shift employees. In the event an employee works less than fifty percent of SDE'ea 1hlg1Conf.Resl 9 January 20.2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97-352,97-357,1999- 197,AND 1999-198. 3 4 the total normal work hours in the pay period,he/she shall not be credited with any sick leave for 5 such pay period. Approved vacation, sick leave,holiday or administrative leave shall be considered 6 as time worked for the purpose of computing sick leave benefits only. Whenever an employee uses 7 all allowable sick leave, further absences may be charged against accrued vacation or with 8 department head approval, the employee may take loss of pay rather than vacation. 9 1. Sick leave means the absence from duty of an employee because of illness or 10 injury, exposure to contagious disease, attendance upon a member of his/her 1 l immediate family who is seriously ill and requires the care of or attendance of an 12 employee, or death in the immediate family of the employee. Immediate family 13 means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son 14 or daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law 15 or daughter-in-law. 16 2. Upon the Department Head's request,an employee must provide a physician's 17 statement to justify a sick leave of five consecutive days or 2 %, shifts or longer. If 18 the department head finds with just cause that sick leave is being abused, the 19 employee may be required to submit a physician's statement after any absence. 20 3. No absence due to illness or injury in excess of five working days or 2 21 shifts shall be approved except after the presentation of satisfactory evidence of 22 illness or injury; namely a certificate from a practicing physician or an authorized 23 practicing chiropractor approved by the City Administrator. The Mayor and 24 Common Council shall have the power to require that any person claiming the sick 25 leave benefits of this resolution be examined at any reasonable time or intervals by 26 the City's designated physician, and in the event of an adverse report to reject such 27 claim for sick leave, in whole or in part, and to terminate sick leave compensation. 28 In the event of the refusal of any person to submit to such examination after SDE/ea[%f.tCunrResl 1 January 20,2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352,97-357, 1999- 197,AND 1999-198. 3 4 notification,the City Administrator may terminate sick leave compensation and reject 5 any claim therefor. The City Administrator shall have the right to require the 6 presentation of a certificate from a practicing physician stating that an employee is 7 physically or psychologically able to perform his/her work and duties satisfactorily 8 before permitting an employee who has been on sick leave to return to work. 9 4. In order to receive compensation while absent on sick leave, the employee 10 shall notify his/her immediate supervisor prior to or within four hours after the time 11 set for beginning his/her daily duties, or as may be specified by the Head of his/her 12 Department. 13 5. When absence is for more than one work day, the employee may be required 14 to file a physician's certificate or a personal affidavit with the Director of Human 15 Resources stating the cause of the absence. 16 6. Whenever an employee is compensated hereunder for sick leave or injury and 17 has not had a vacation at the end of the current calendar year, he/she shall be allowed 18 to take his/her vacation in the next calendar year. 19 7. Whenever, the term "service of the City" appears herein, it shall be deemed 20 to include all service to the City of San Bernardino, the San Bernardino Board of 21 Water Commissioners and the San Bernardino Free Public Library Board. 22 8. Sick leave may be accumulated without limit and approved time off with pay 23 for sick leave shall be considered as time worked for purposes of the accrual of sick 24 leave only. Sick leave shall not accumulate during periods of leave of absence 25 without pay. The words "working day" shall mean a normal day to which an 26 employee has been assigned to work. 27 9. Unused sick leave is payable upon resignation, retirement or death, except 28 dismissal or resignation with prejudice at 50%of total accumulated hours. There is SDEtea lMgtConrRcsl 1 1 January 20,2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129,97-77, 97-352, 97-357, 1999- 197,AND 1999-198. 3 4 no cap or service requirement. 5 T. Injury Leave 6 All non-safety employees shall be granted industrial accident and illness absence with full 7 pay for each such accident or illness for the first 7 calendar days of their disability. Effective with 8 day 8 of the necessary absence for such illness, each employee shall be authorized, upon his/her 9 written request, to utilize any balance of his/her accumulated sick leave or vacation credits to 10 augment the amount of temporary disability compensation received to the extent that the total sum 11 received will result in a payment equal to his/her regular and normal compensation. The utilization 12 of sick leave for this purpose shall end with termination of the temporary disability or when the 13 accumulated sick leave credits have been exhausted, whichever occurs first. 14 When injury is sustained in the course and scope of employment with the City by a safety 15 employee, said employee shall be compensated under the provisions of the Workers' Compensation 16 Insurance and Safety Act of California and not under the provisions of this resolution;provided that 17 he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during 18 the first 365 days of disability. 19 Safety employees who are receiving payments under Labor Code Section 4850 shall accrue 20 vacation, sick leave and holiday credits during such absence from duty. 21 When any employee is off duty on injury leave and has not had a vacation at the end of the 22 current year, he shall be allowed to take his vacation in the calendar year he returns to duty. 23 When an employee sustains what he/she believes to be an industrial injury or illness, the 24 employee shall notify the supervisor immediately, or as soon as possible. The employee shall 25 prepare and submit a report of injury or illness, and the supervisor shall prepare the supervisor's 26 report, and make distribution. In the event the employee is unable to prepare the report within 24 27 hours,the supervisor or a member of the division/department staff shall prepare the required report. 28 Benefits will not be paid, until the required reports have been filed with Human Resources, and a SDE/ea lMgtConf.Res] 12 January 20,2000 I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352, 97-357, 1999- 197,AND 1999-198. 3 4 doctor's first report of injury or illness has been received. The employee has the right to be examined 5 and treated by a physician of their choice,within the required time, for the alleged injury or illness, 6 as required by the California Labor Code. 7 The City shall have the right to require the employee be examined by a physician designated 8 by the City,to assist in determining the length of time during which the employee will be unable to 9 perform the assigned duties, and if the disability is attributable to the injury involved. 10 Should there be a dispute between the physician selected by the City and the physician I 1 selected by the employee,a third physician shall be mutually agreed upon between the employee and 12 the City to examine the employee, to assist in making necessary medical determinations. 13 U. Reasonable Suspicion Testing 14 1. Employees will participate in a reasonable suspicion testing program for drugs and 15 alcohol, following the Reasonable Suspicion Drug/Alcohol Testing procedure described in the City 16 of San Bernardino's policy on Drugs and Alcohol Testing of Employees with Commercial Drivers 17 Licenses. 18 2. The Fire Management employees agree to have Fire Management employees with 19 drivers licenses of(1) Class "B" FX with "X" endorsement, (2) with Commercial Drivers licenses 20 or (3) Class "C" drivers licenses participate in reasonable suspicion drug and alcohol testing, as 21 outlined in the Fire Safety Employees' MOU. 22 3. All supervisors will receive training consisting of at least six (6) hours on 23 identification of actions, appearance or conduct which are indicative of the use of drugs or alcohol. 24 4. A Supervisor must directly observe and document the behavior on a reasonable 25 suspicion checklist. Reasonable suspicion may not be based on hearsay. 26 V. Leave of Absence Without Pay 27 Leave of absence without pay is a temporary non-pay status and absence from duty granted 28 at the request of the employee. Leave of absence without pay may be granted by the Mayor and SDE/ea[M-tConr.Resl 1 J January 20,2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISBING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352, 97-357, 1999- 197, AND 1999-198. 3 4 Common Council for a period not to exceed 6 months, upon the positive recommendation of the 5 department head and the City Administrator. Under justifiable conditions, said leave may be 6 extended by the Mayor and Common Council for additional periods. Leave of absence without pay 7 will be considered favorably if it is expected that the employee will return to duty and that at least 8 one of the following benefits will result: increased job ability, protection or improvement of the 9 employee's health,retention of a desirable employee, or furtherance of a program of interest to the 10 City. Examples of or conditions for which a leave of absence without pay may be granted are: I I 1. For an employee who is a disabled veteran requiring medical treatment; 12 2. For an employee who is temporarily mentally or physically unable to perform 13 his/her duties; 14 3. For an employee who files for or assumes elected office; 15 4. For maternity or paternity leave, upon the recommendation of the attending 16 physician; 17 5. For military leave when the employee has less than 1 year of service to 18 qualify for leave with pay. 19 An approved leave of absence without pay for less than 60 days in any calendar year will not 20 be considered a-break in service. Leave in excess of 60 days shall result in the advancement of the 21 employee's anniversary date and compensation advancement date to such date as will account for 22 the total period of uncompensated time off. Failure to return to duty at the expiration of the 23 approved leave of absence without pay shall constitute an abandonment of the position pursuant to 24 Rule 507 of the Rules of the Civil Service Board and shall be prosecuted consistently therewith. 25 W. No Pay Status 26 If an employee does not have time reported to payroll dining a pay period resulting in no 27 payroll check issued,they will be considered on no pay status. The Finance Department will bill the 28 employee for both the employee and employer portions of their Insurance Benefits. This will be in SDFJea lMgtConf.R<s] 14 ty,,,yy 20.2000 I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129,97-77, 97-352,97-357, 1999- 197,AND 1999-198. 3 4 effect for any and all pay periods during the time employee is no pay status. Employees can 5 voluntarily cancel insurance benefits by contacting the Human Resource Department. If an employee 6 chooses to cancel their health benefits they will be subject to re-enrollment pursuant to PERS 7 guidelines. In circumstances in which either the Federal Family Leave Act or the State Medical and 8 Family Leave Act apply, the City shall adhere to the requirements of the Acts. 9 Notwithstanding any other provision of this section to the contrary,the City will continue its 10 contribution for health and life insurance premiums of an employee on no pay status or leave of 11 absence due to any injury or illness arising out of and in the course of his/her employment with the 12 City. 13 X. Holidays 14 All participants shall receive the following paid holidays: 15 ■ New Year's Day January 1 16 ■ Martin Luther King Day 3rd Monday in January 17 ■ President's Day 3rd Monday in February 18 ■ Memorial Day Last Monday in May 19 ■ Independence Day July 4 20 ■ Labor Day First Monday in September 21 ■ Veteran's Day November 11 22 ■ Thanksgiving 4th Thursday in November 23 ■ Day After Thanksgiving 4th or 5th Friday in November 24 ■ Christmas Eve December 24 25 ■ Christmas Day December 25 26 ■ New Year's Eve December 31 27 ■ Two (2) Floating Holidays (16 holiday hours) 28 Holidays listed above shall be allowed on a Monday,if any such holiday falls on Sunday,and SDFIea(MgtConf.Res1 15 January 20,2000 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97-352,97-357,1999- 197,AND 1999-198. 3 4 shall be allowed on the preceding Friday, if such holiday falls on a Saturday, for all employees 5 except those covered by other provisions herein. If the Christmas and New Year holidays occur on 6 Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays. 7 At the beginning of each calendar year, the City will determine how many of the above 8 holidays fall on a regularly scheduled day off. An employee working on a 9/80 or a 4/10 schedule 9 will accrue the equivalent number of hours of holiday time ("holiday account")with one (1) holiday 10 equivalent to eight(8)hours. 11 In lieu of the above, shift employees shall accrue 6 %2 shifts per calendar year, accrual at 6 12 hours per pay period. 13 Holidays earned in any 12 month period are not accumulative beyond the total number of 14 holidays allowed each year by this pay plan. 15 If a holiday falls on a nine-or ten-hour work day, the employee will be paid eight(8)hours 16 holiday pay. The employee may supplement the holiday with accrued vacation, holiday account 17 time, or no pay. 18 If new employees elect to "draw down" from the holiday account, the hours used will be 19 deducted from the 16 holiday account hours they receive upon the completion of six (6) months of 20 continuous service. 21 In the event.of the employee's failure for any reason to take such holiday account hours 22 during the term of this Resolution,the employees shall be paid for his/her holiday account balance, 23 upon separation from the City. 24 Y. Benefits Reopener 25 It is intended that this plan not discriminate in favor of highly compensated employees or key 26 employees as to contributions and benefits,in compliance with the requirements of Section 89 of the 27 Tax Reform Act of 1986. If existing non-taxable fringe benefits are found to be taxable pursuant 28 to new law, regulations or interpretations, the City agrees to discuss implementation of alternate SDE/ea[MgtConERes] 16 January 20.2000 i I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77,97-352, 97-357, 1999- 197,AND 1999-198. 3 4 forms of compensating affected employees to minimize their tax liability. 5 SECTION 3. Resolution Numbers 89-129,97-77,97-352,97-357, 1999-197,and 1999-198 6 are hereby rescinded in their entirety. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof, held on the 9 day of 2000, by the following vote, to wit: 10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 LIEN 13 MCGINNIS 14 SCHNETZ 15 SUAREZ 16 ANDERSON 17 MILLER 18 19 20 Rachel Clazk, City Clerk 21 The foregoing Resolution is hereby approved this_day of , 2000. 22 23 Judith Valles, Mayor 24 City of San Bernardino Approved as to form 25 and legal content: 26 JAMES F. PENMAN City Attorney 27 28 By a[MgtConf.Re l 17 January 20,2000 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: FRED WILSON Subject: RESOLUTION ESTABLISHING MANAGEMENT & CONFIDENTIAL Dept: CITY ADMINISTRATION EMPLOYEES COMPENSATION Date: DECEMBER 13, 1999 �Rf N RESCIND- Date: NG RESOLUTION NO AND 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. SitKature 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: /an199 Agenda Item No. ��i✓ 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% (a). 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 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. 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 0 13,200 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) ( 5,000) 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.