HomeMy WebLinkAboutReso 33-17 Unrepresented ManagementRESOLUTION NO. 33-17
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
ESTABLISHING THE COMPENSATION AND BENEFITS FOR
THE UNREPRESENTED MANAGEMENT DESIGNATED EMPLOYEES
OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 36506 of the California Government Code requires the City Council to fix the
compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, Morro Bay Municipal Code Section 2.20.020 also provides 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
WHEREAS, 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
WHEREAS, the Meyers-Milias-Brown Act ("MMBA") (Government Code sections 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
"management" 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
WHEREAS, the City's Employer -Employee Relations Resolution, Resolution No. 08-17, represents
the City's adoption of local rules and regulations for the administration of employer-employee relations,
including, but not limited to, the designation of "management" employees, summarized in brief from that
resolution as generally defined as meaning those employees who are have significant responsibilities for
formulating and administering City policies and programs and the authority to exercise independent
judgment to hire, discipline, promote, discharge; assign, or transfer other employees or who have
responsibility to use independent judgment to direct such employees, adjust their grievances, or
recommend personnel action; and
WHEREAS, the City has designated such "management" employees as more fully identified and
listed herein below; and
WHEREAS, the "management" employees identified. and listed herein are "unrepresented,"
meaning that they are not part of any City Council determined appropriate bargaining unit nor represented
by any recognized employee organization as defined by the City's Employer -Employee Relations
Resolution and the MMBA; and
1 Unless otherwise stated, references to Sections will be to the Government Code.
Resolution No, 33-17
Page 2 of 9
WHEREAS, the City Council deems it is in the best interest of the City to adjust the compensation
of the unrepresented management employees, whose titles are listed herein, by a Cost of Living
Adjustment (COLA) established by City Council for these employees for FY 2017/18.
NOW, THEREFORE, BE IT RESOLVED the Morro Bay City Council does hereby adopt this
Resolution, establishing compensation and benefits for the City of Morro Bay's unrepresented
management 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,
57-16:
A. CLASSIFICATION/POSITION LIST
The following are the FY 2017/1 authorized management positions:
1. Police Commander
2. Utility Division Manager
3. City Clerk/Risk Manager
4. Capital Projects Manager
5. Consolidated Maintenance Superintendent
6. Information Systems Technician
7. Environmental Programs Manager
8. Tourism Manager
9. Budget/Accounting Manager
10. Senior Planner
11, Recreation Services Manager
12, Management Analyst
13. Support Services Manager
B. NORMAL WORK HOURS
Management employees are expected to work during normal City business hours and may be
required to work longer hours (more than an eight-hour day and more than five days per week),
but are not subject to overtime compensation, as they are considered exempt employees, within
the definition of FLSA. The occasional use of alternative work schedules can be implemented
upon approval of the City Manager.
C. EXEMPT TIME OFF
As stated in B above, management employees are considered exempt employees. However, the
City provides various leave banks for employees' use, with accrual and use record-keeping being
required to properly maintain the leave banks.
Time off of less than two continuous hours in a day does not need to be recorded by exempt
employees. Abuses of this exception, such as daily use or random periods within a day, will not
be allowed; however, this exception is also not allowed to be combined with other leaves.
D. ADMINISTRATIVE LEAVE
Management employees receive seventy-two hours annually in paid administrative leave in a lump
sum accrual at the beginning of each fiscal year. The City Manager, or designee, upon
recommendation by the management employee's Department Head, may grant additional
administrative leave to the management employee. All leave time (vacation, sick leave, holiday,
etc.) will be taken off on an hour -for -hour basis equaling employee actual time off from work during
normal business hours, regardless of accumulation rates.
Resolution No, 33A7
Page 3 of 9
E
With each fiscal year end, up to twenty-four hours of unused administrative leave from the prior
fiscal year may be carried over to the next fiscal year by written request of the employee. The
administrative leave bank may never accrue more than ninety-six hours (72 + 24).
New management employees will be provided a pro -rata share of the annual seventy -two-hour
administrative leave bank upon employment.
Administrative leave is a compensable leave, and any remaining hours in the employee's bankwill
be paid out upon separation from City service, at the employee's current hourly rate of pay.
VACATION LEAVE
Management employees accrue vacation, based on the schedule below:
Service Years
Entitlement in
Days
10
1 thru 2
3 thru 4
5 thru 6
7 thru 8
9 thru 10
11 thru 12
13 thru 14
15 thru 16
17 thru 18
19 thru 20
21 or more
11
12
13
14
15
16
17
18
19
20
Management employees are subject to a maximum leave accumulation of three hundred hours.
Any hours, exceeding the maximum accumulation, will be paid out in December of each fiscal
year, unless the management employee has a specific need to retain the hours beyond the
maximum accumulation. This need must be written and approved by both the employee's
Department Head and the City Manager, or designee. All leave time (vacation, sick leave, holiday,
etc.) will be taken off on an hour -for -hour basis equaling employee actual time off from work during
normal business hours, regardless of accumulation rates.
Management employees may exercise the option to convert, into cash, a maximum of forty hours
of accrued vacation leave each fiscal year, at the employee's current hourly rate of pay.
Vacation accrual is a compensable leave, and 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 management employees:
Resolution No, 33-17
Page 4 of 9
Independence Day
Labor Day
Veteran's Day
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
July 4
1st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 25
January 1
3rd Monday in January
February 12
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 management employees, one holiday equals eight hours, unless the employee is working the
9/80 alternative work schedule where one holiday shall equal nine hours.
Floating holiday hours are recorded in a bank in July of each fiscal year, and may be carried over
tU the next fiscal year, to a maximum accumulation offorty-eight-hours of holiday time. Hours of
holiday time accumulated over forty-eight hours will be paid out in December. All leave time
(vacation, sick leave, holiday, etc.) will be taken off on an hour -for -hour basis equaling employee
actual time off from work during normal business hours, regardless of accumulation rates.
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 hours per year in a sick leave bank to be used for employee
illness, forty-eight hours of which may be used in the care of the employee's family member for
illness or for any other reason mandated by law. All leave time (vacation, sick leave, holiday, etc.)
will be taken off on an hour -for -hour basis equaling employee actual time off from work during
normal business hours, regardless of accumulation rates.
Upon retirement from City service, remaining unused sick leave converts to time served underthe
applicable contract between the City and the California Public Employees' Retirement System
("CalPERS"), if any. Sick leave converted to service credit for CalPERS purposes cannot be
compensated (converted to dollars).
Based on individual utilization of paid sick leave in the preceding calendar year, management
employees may convert unused accumulated sick leave into paid vacation leave once per
calendar year, pursuant to the formula below:
Resolution No. 33-17
Page 5 of 9
Maximum Conversion
Sick Leave Utilization Sick Leave to Vacation Leave
0 hours
96
hours
48
hours
25 to 8 hours
72
hours
36
hours
8.25 to 16 hours
48
hours
24
hours
16.25 to 25 hours
24
hours
12
hours
Over 25 hours
0
hours
0
hours
At least one -hundred sixty accrued hours must remain in the management 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 management employee, who has more than ten years of service
with the City, said employee shall be entitled to receive payment for up to the first seven hundred
twenty hours of his/her accrued sick leave at thirty-five percent of the employee's rate of pay, as of
the date of service retirement. Service Retirement is defined 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 CaIPERS retirement
system
increases in the employee contribution, above the
CalPERS, the California Public Employees Pension
legislation, and/or the State Legislature.
, bear the risk of payment of any
current percentage, made by action of
Reform Act of 2013 ("PEPRA") or related
All employee CaIPERS contributions are paid to CaIPERS, based upon tax treatment currently
permitted by G1 Franchise Tax Board and the Internal Revenue Service ("IRS").
The following is descriptive information on City CaIPERS-contracted retirement plans:
CaIPERS Miscellaneous Plans
All employees pay 100% of the employee contribution to CaIPERS, which is currently:
1.
Tier
1
Classic
members =
8%
2.
Tier
2
Classic
members =
7%
3.
Tier
3
PEPRA
members
= 6.25%
Tier 1: All employees, who were hired prior to December 10, 2011, receive the following CaIPERS
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)
Resolution No. 33-17
Page 6 of 9
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 CalPERS definition of classic
member, as determined by CalPERS under PEPRA and related legislation, receive the following
CaIPERS 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 CalPERS under PEPRA and related legislation, receive the following
CalPERS retirement formula and optional benefits:
1. 2% @ 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 percent of the expected normal cost rate, which is
currently 12.5% (6.25% is employee 7s 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)
CaIPERS Safety Plans
All employees pay 100% of the employee contribution to CaIPERS, which is currently:
1. Tier 1 and Tier 2 Classic members = 9%
2. Tier 3 PEPRA members = 11.5% (50% of the normal contribution rate)
Tier 1: All employees, who were hired prior to September 17, 2011, receive the following
CaIPERS 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. 3% @ 50 formula (Section 21362.2)
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 September 17, 2011, but before January 1,
2013, and those hired on or after January 1, 2013, who meet the definition of classic member, as
determined by CalPERS under PEPRA and related legislation, receive the following CalPERS
retirement formula and optional benefits:
1. 3% @ 55 formula (Section 21363.1)
2. Unused Sick Leave Credit (Section 20965)
3. Military Service Credit (Section 21024 & 21027)
Resolution No. 33-17
Page 7 of 9
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 13 20131 and meet the definition of new
member, as determined by CalPERS under PEPRA and related legislation, receive the following
CaIPERS retirement formula and optional benefits:
1. 2.7% @ 57 formula
2. Final Compensation 3 Years (Section 20037)
3. Member contribution rate of fifty percent of the expected normal cost rate, which is
currently 23% (11.5% 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)
HEALTH/LIFE/VISION/DENTAL INSURANCE
Effective January 1, 2017, all employees receive the following contribution toward the purchase of
CaIPERS 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
Employee + family - up to $1, 421/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, 2017, all employees receive the following contribution toward the purchase of
Life, Vision and Dental insurances:
For retired employees, City contributes the required CaIPERS monthly contribution towards
CaIPERS health plans, as selected by retiree.
J. LONG-TERM DISABILITY ("LTD") INSURANCE PROGRAM
Management employees do not participate in the California State Disability Insurance program.
City provides LTD to its management employees, and pays the cost for the plan.
K. DEFERRED COMPENSATION PROGRAM
Management 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 contributes $1).
L. SPECIAL PAY
Management employees may receive up to $150 reimbursement perfiscal year, to purchase steel -
toed shoes, as required in the performance of their job duties. Proof of purchase is required, and
Life
Vision
Dental
Total
Bank
EE Pays
Employee only
$8.15
$ 8.86
$ 55.47
$ 72.48
$ 69.55
$ 2.93
Employee
+' 1
$8.15
$,16w59
!; $143.09
$167.83
$156.08
$11.75
Employee + 2+
$8.15
$ 22.59
$143.09
$173.83
$161.62
$12.21
For retired employees, City contributes the required CaIPERS monthly contribution towards
CaIPERS health plans, as selected by retiree.
J. LONG-TERM DISABILITY ("LTD") INSURANCE PROGRAM
Management employees do not participate in the California State Disability Insurance program.
City provides LTD to its management employees, and pays the cost for the plan.
K. DEFERRED COMPENSATION PROGRAM
Management 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 contributes $1).
L. SPECIAL PAY
Management employees may receive up to $150 reimbursement perfiscal year, to purchase steel -
toed shoes, as required in the performance of their job duties. Proof of purchase is required, and
Resolution No. 33-17
Page 8 of 9
reimbursement is based on price paid, not to exceed $150 per fiscal year. Once purchased,
footwear must be worn while working.
M. COMPENSATION ADJUSTMENTS
Annual Cost of Living Adjustments (COLA) and/or equity adjustments may be given to
management employees, as determined by the City Manager and approved by the City Council;
neither is guaranteed. For the fiscal year 2017/18, City is providing a 2% COLA base salary
increase to the management employees' salary ranges, as reflected in Attachment A hereto,
effective with the pay period containing July 1, 2017,
N. EDUCATION REIMBURSEMENT
City will reimburse its management employees for costs associated with job-related and job -
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, then City will reimburse mileage for the use of the management employee's personal
vehicle, at current IRS mileage rates.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting
thereof held on the 27th day of June 2017, by the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSENT: None
ABSTAIN: None
IRONS, M
ATTEST:
Qr (P�a
NA SWANSON, City Clerk
Resolution No. 33-17
Page 9 of 9
ATTACHMENT A
MANAGEMENT SALARY SCHEDULE
ANNUAL COMPENSATION RANGE
POSITION 1 2 3 4 5
Police Commander 109,861 1157354 1217122 127,178 1337537
Utility Division Manager 973855 1027747 1077885 113,279 1181943
City Clerk/Risk Manager
831436 87,608 917988 96,588 1017417
Consolidated Maintenance Supt
Information Systems Tech
Capital Projects Manager
Tourism Manager
Environmental Programs
Manager
Budget/Accounting Manager 757482 797256 831219 877380 911749
Senior Planner
Recreation Services Manager
Management Analyst 64,541 67,768 71,156 74,714 78,449
Support Services Manager 58715 61,651 647734 677970 71,369