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ity of Morro '.. i r ,
E AS, Section 36506 of the California Government Code requires that a city council fix the
compensation of all appointive officers and employees by resolution or ordinance; and
E AS, Morro Bay Municipal Code Section 2.20.020 also provides that the salaries and
compensation of officers and employees of the City of Morro Bay ("City") shall be as fixed and
determined by resolution of the City Council, except as specifically fixed in Chapter 2.20 of the Morro Bay
Municipal Code; and
VV>FIEREAS, the City has established a system of classification for all positions within the City
service with descriptive occupational titles, used to identify and distinguish classifications and/or positions
from one another, based on job duties, essential functions, knowledge, skills, abilities and minimum
requirements; and
W�IE AS, the Meyers-Milias-Brown Act ("MMBA") (Government Code Secs. 3500 et.seq.)
governs labor relations between local government employers and employees and Section 3507.5 thereof
permits a public agency to adopt local rules and regulations providing for the designation of the
"confidential" employees of the public agency and restricting such employees from representing any
employee organization, which represents other employees of the public agency, on matters within the
scope of representation; and
W1�E AS, the City's Employer -Employee Relations Resolution, Resolution No. 74-69,
represents the City's adoption of local rules and regulations for the administration ofemployer-employee
relations, including but not limited to the designation of "confidential" employees, defined as meaning
those employees who are "privy to decisions of City management affecting employer-employee relations;"
and
W>EIEREAS, the City has designated such "confidential" employees as more fully identified and
listed herein below; and
W1
IEi2EAS, the "confidential" employees identified and listed herein are "unrepresented,"
meaning that they are not part of any City Council determined appropriate bargaining unit nor represented
Dy any recognized employee organization as defined by the City's Employer -Employee Relations
_R_esolution and the MMBA; and
WHEREAS,
the City Council deems itis in the best interest of the City to adjust the compensation
of the unrepresented confidential employees, whose titles are listed herein, by a Cost of Living Adjustment
(COLA) established by City Council for these employees for FY 2016/17; and
Resolution No. 55-16
Page 2 of 9
IN" W, THE -r , B IT S®LVED that the Morro Bay City Council does hereby adopt
the following Resolution, establishing compensation and benefits for the City of Morro Bay's
unrepresented confidential employees and rescinding and replacing any prior compensation and benefits
resolutions, contracts, agreements or memorandum for such employees, including but not limited to
Resolution No. 6644, Resolution No. 56-13, Resolution No. 42-12, Resolution No. 56-11, Resolution No.
73-08, Resolution No. 16-07, and Resolution No. 54-02:
A. POSITION LIST
The following are the FY 2016/17 authorized confidential positions:
1. Human Resources Analyst
2. Senior Accounting Technician
3. Support Services Coordinator
4. Legal Assistant/Deputy City Clerk
B. NORMAL WORK HOURS
Confidential employees work eight (8) hours per day, five (5) days per week consistent with City
business hours (unless participating in an alternative work schedule), and are subject to overtime
compensation.
C. COMPENSATORY TIME OFF ("CTO")
Confidential employees may take CTO in -lieu of paid overtime. CTO may be accrued up to a
maximum of sixty (60) hours. Once the maximum accrual is reached, excess overtime is paid at
a the time it is incurred, until the CTO accrual balance falls below the maximum. CTO must be
approved in advance by the employee's Department Director.
D. ADMINISTRATIVE LEAVE
Confidential employees receive forty-five (45) hours annually in paid administrative leave in a
lumF sum accrual at the beginning of each fiscal year.
With each fiscal year end, up to twenty-four (24) hours of unused administrative leave from the
prior fiscal year maybe carried over to the next fiscal year by written request of the employee. The
administrative leave bank may never accrue more than sixty-nine (69) total hours (45 + 24).
New confidential employees will be provided apro-rata share of the annual fort
y-five (45) hour
administrative leave upon employment.
Administrative leave is a compensable leave, and any remaining hours in the employee's bank will
be paid out upon separation from City service, at the employee's current hourly rate of pay.
Resolution No. 55-16
Page 3 of 9
E. VACATION LEAVE
Confidential employees accrue vacation, based on the schedule below:
Entitlement in
Service Years Days
1 thru 2 10
3 thru 4 11
5 thru 6 12
7 thru 8 13
9 thru 10 14
11 thru 12 15
13 thru 14 16
15 thru 16 17
17 thru 18 18
19 thru 20 19
21 or more 20
Confidential employees are subject to a maximum leave accumulation of two hundred twenty
(220) hours. Any hours exceeding the maximum accumulation as of November 1St of each year
will be paid out in the pay period including December 1 St, based on the following options for those
excess hours, as selected by the employee:
1. Cash out;
2. Convert hours to sick leave on an hour -for hour basis;
3. Paid to deferred compensation account; or
4. Any combination of the above.
Confidential employees may exercise the option to convert into cash a maximum of forty (40)
hours of accrued vacation leave each fiscal year, at the employee's current hourly rate of pay.
Vacation accrual is a compensable leave; any hours remaining in the employee's vacation bank
will be paid out upon separation from City service, at the employee's current hourly rate of pay.
F. HOLIDAYS
The following days are paid holidays for confidential employees:
Independence Day July 4m
Labor Day 1St Monday in September
Veteran's Day November l Ph
Resolution No. 55-16
Page 4 of 9
Thanksgiving Day
Day after Thanksgiving
Christmas Day
New Year's Day
Martin Luther King, Jr. Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Floating Holiday
Floating Holiday
4th Thursday in November
Friday after Thanksgiving
December 25th
January 1St
3rd Monday in January
February 12th
3rd Monday in February
Last Monday in May
Varies
Varies
Any holiday, which falls on a Saturday or Sunday, will be officially designated as a "HOLIDAY"
on the prior Friday (if Saturday) or Monday (if Sunday).
For confidential employees, one holiday equals eight (8) hours unless the employee is working the
9/80 alternative work schedule where one holiday may equal eight (8) or nine (9) hours depending
on the normally scheduled work day being either an eight (8) or nine (9) hour work day for that
employee.
When a holiday is proclaimed by the Mayor of the City, each employee shall be granted time -off in
the same number of equivalent hours. Such time off shall be authorized by the Department Head.
Floating holiday hours are recorded in a bank in July of each fiscal year, and maybe carried over to
the next fiscal year, to a maximum accumulation offorty-eight (48) hours holiday time. Hours of
holiday time accumulated over forty-eight (48) hours will be paid out in December.
Floating holiday pay is a compensable leave, and any remaining hours in the employee's bank will
be paid out upon separation from City service, at the employee's current hourly rate of pay.
G. SICK LEAVE
All employees accrue ninety-six (96) hours per year in a sick leave bank to be used for employee
illness, forty-eight (48) hours of which maybe used in the care of the employee's family member
for illness or for any other reason mandated by law.
Upon retirement from City service, remaining unused sick leave converts to time served under the
applicable contract between the City and the California Public Employees' Retirement System
(" CalPERS"), if any.
Resolution No. 55-16
Page 5 of 9
Based on individual utilization of paid sick leave in the preceding calendar year, confidential
employees may convert unused accumulated sick leave into paid vacation leave once per calendar
year, pursuant to the formula below:
Maximum Conversion
Sick Leave Utilization Sick Leave
I
on
0 hours 96 hours
.25 to 8 hours 72 hours
8.25 to 16 hours 48 hours
16.25 to 25 hours 24 hours
Over 25 hours 0 hours
to VacatLeave
48 hours
36 hours
24 hours
12 hours
0 hours
At least one hundred sixty (160) accrued hours must remain in the confidential employee's sick
leave bank for an employee to be eligible for conversion or for a conversion to be authorized. In
addition, the right to convert does not carry over or rollover from calendar year to calendar year;
failure to request conversion in any calendar year eliminates the right to do so for that calendar
year.
Upon the Service Retirement of a confidential employee, who has more than ten (10) years of
service with the City, said employee shall be entitled to receive payment for up to the first ninety
(90) days of his/her accrued sick leave at twenty-five percent (25%) of the employee's rate of pay,
as of the date of service retirement. Unused sick leave converted to service credit for Ca1PERS
purposes cannot be compensated (converted to dollars). Service Retirement is defi
ned as service
retirement from both the City and CalPERS. Voluntary separation or termination actions are
excluded from this benefit.
H. RETIREMENT BENEFITS
All employees, enrolled in the Ca1PERS retirement system, bear the risk of payment of any
increases in the employee contribution above the current percentage, made by action of Ca1PERS,
the California Public Employees Pension Reform Act of 2013 ("PEPRA") or related legislation,
and/or the State Legislature.
All employee Ca1PERS contributions are paid to C4A
1PERS, based upon tax treatment currently
permitted by the State Franchise Tax Board and the Internal Revenue Service ("IRS").
The following is descriptive information on City CaIPERS-contracted Miscellaneous retirement
plans:
Ca1PERS Miscellaneous Plans
All employees pay 100% of the employee contribution to Ca1PERS, which is currently:
1. Tier 1 Classic members = 8%
2. Tier 2 Classic members = 7%
Resolution No. 55-16
Page 6 of 9
3. Tier 3 PEPRA members = 6.25%
Tier l: All employees, who were hired prior to December 10, 2011, receive the following
CalPERS retirement formula and optional benefits (existing Tier 1 employees, promoted to another
position within the City, will not be considered new hires, with respect to retirement formulas):
1. 2.7% @ 55 formula (Section 21354.5)
2. Unused Sick Leave Credit (Section 20965)
3. Military Service Credit (Section 21024 & 21027)
4. Final Compensation 1 Year (Section 20042)
5. 1959 Survivor Benefit, Level 4 (Section 21574)
6. Pre -Retirement Option 2W Death Benefit (Section 21548)
Tier 2: All employees, who were hired on or after December 10, 2011, but before January 1, 2013,
and those hired on or after January 1, 2013, who meet the Ca1PERS definition of classic member as
determined by Ca1PERS under PEPRA and related legislation receive the following Ca1PERS
retirement formula and optional benefits:
1. 2% @ 60 formula (benefit factor increases to 2.418% @ 63+) (Section 21353)
2. Unused Sick Leave Credit (Section 20965)
3. Military Service Credit (Section 21024 & 21027)
4. Final Compensation 3 Years (Section 20037)
5. 1959 Survivor Benefit, Level 4 (Section 21574)
6. Pre -Retirement Option 2W Death Benefit (Section 21548)
Tier 3: All employees, who were hired on or after January 1, 2013, and meet the definition of new
member, as determined by Ca1PERS under PEPRA and related legislation pursuant to PEPRA,
receive the following CalPERS retirement formula and optional benefits:
62 formula (benefit factor increases to 2.5% @ 67+) (Section 7522.20)
2. Final Compensation 3 Years (Section 20037)
3. Member contribution rate of fifty (50) percent of the expected normal cost rate, which is
currently 12.5% (6.25% is employee's portion)
4. Unused Sick Leave Credit (Section 20965)
5. Military Service Credit (Section 21024 and 21027)
6. 1959 Survivor Benefit, Level 4 (21574)
7. Pre -Retirement Option 2W Death Benefit (Section 21548)
I. HEALTH/LIFE/VISION/DENTAL INSURANCE
Effective January 1, 2016, all employees receive the following contribution toward the purchase of
Ca1PERS health insurance, which includes the required CaIPERS monthly contribution:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1 — up to $1,109/month or cost of insurance, whichever is less
Resolution No. 55-16
Page 7 of 9
Employee + family - up to $1,326/month or cost of insurance, whichever is less
Life insurance is provided at $50,000, and is paid for by the City for the employee only.
Effective January 1, 2016, all employees receive the following bank contribution toward the
purchase of Life, Vision and Dental insurances:
City will pay the remaining premium for life, vision and dental.
For retired employees, City contributes the required CaIPERS monthly contribution towards
CaIPERS health plans, as selected by retiree.
J. DEFERRED COMPENSATION PROGRAM
Confidential employees receive a matching contribution up to $1,500, per calendar year, paid to
employee's deferred compensation plan, or approved retiree medical savings plan. City matching
contributions are paid on a 2:1 basis (e.g., employee contributes $2, City matches $1).
K. EDUCATION INCENTIVE
City will reimburse its confidential employees for costs associated with job-related and
required certifications, correspondence courses, and/or licenses (except Class III driver's license),
upon successful completion of the examination or course by the employee. Written authorization,
from the employee's Department Director, is required in advance. Reimbursement includes
application fees, examination fees, and certificate fees. Renewal fees may be paid in advance by
City. This provision does not apply to continuing education requirements.
City will provide a City vehicle, when available, for required transportation, and will permit paid
time for employee to take examinations, scheduled during normal working hours. If no City
vehicle is available, employee may take his/her personal vehicle; however, no mileage payments
are authorized of the use of personal transportation. Time spent, outside normal working hours,
shall not be compensated.
L. COLLEGE DEGREES
Confidential employees, hired on or after January 1, 1998, shall not be eligible for this incentive.
For confi
dential employees, hired prior to January 1, 1998, City will pay the following education
incentives, on base salary, for an Associate of Arts ("AA") or Bachelor's degree, unless the
Resolution No. 55-16
Page 8 of 9
employee's j o description requires an AA or Bachelor's degree, or the employee is promoted to a
position requiring an AA or Bachelor's degree:
1. AA degree = $600 annually
2. Bachelor's Degree = $1,200 annually
M. COMPENSATION ADJUSTMENTS
Annual Cost of Living Adjustments (COLA) and/or equity adjustments may be given to
confidential employees, as determined by the City Manager and approved by the City Council;
neither is guaranteed. For fiscal year 2016/17, City is providing a 2.25% COLA base salary
increase to the confidential employees' salary ranges as reflected in Attachment A hereto, effective
with the pay period containing July 1, 2016.
N. SPECIAL PAY
Confidential employees, who are required by their supervisor to attend meetings, outside the
normal work schedule, for the purpose of taking minutes of said meetings, shall be paid a
minimum of four (4) hours at time and one-half, without regard for hours actually worked during
the work week. Minutes, taken at meetings during regular work hours, shall be included in
employee's regular rate of pay, and not compensated beyond that.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 28u' day of June 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Irons, Johnson, Makowetski, Smukler
None
Headding
None
J
ATTEST:
ANA SWANSON, City Clerk
L. IRONS M ra oyoy
x
Resolution No. 554 6
Page 9 of 9
PSITII�l
Human Resources Analyst
Senior Accounting Technician
Support Services Coordinator
Legal Asst/Deputy City Clerk
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AI�l1�iJAL C'®11�IPE�lSAT'1®lig 1ZAI�GE
1 2 3 4 5
57,564 60,442 63,464 66,637 6%969
51,346 53,913 565609 59,439 62,411
49,079 51,533 54,110 56,815 5%656