HomeMy WebLinkAboutReso 34-17 Confidential employeesRESOLUTION NO. 34-17
RESOLUTION ESTABLISHING THE COMPENSATION
AND BENEFITS FOR THE UNREPRESENTED CONFIDENTIAL 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
"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
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 "confidential" employees, defined as meaning those
employees who are "privy to decisions of City management affecting employer-employee relations;" and
WHEREAS, the City has designated such "confidential" employees as more fully identified and
listed herein below; and
WHEREAS, 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 by any
recognized employee organization as defined by the City's Employer -Employee Relations Resolution and
the MMBA; and
WHEREAS, the City Council deems it is 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 2017/18; and
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt this
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. 55-16:
1 Unless otherwise stated, references to Sections will be to the Government Code.
Resolution No. 34-17 -Page 2 of 8
A. POSITION LIST
The following are the FY 2017/18 authorized confidential positions:
1. Human Resources Analyst
2. Senior Accounting Technician
3. Legal Assistant/Deputy City Clerk
B. NORMAL WORK HOURS
Confidential employees work eight hours per day, five 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 indieu of paid overtime. CTO may be accrued up to a
maximum of sixty hours. Once the maximum accrual is reached, excess overtime is paid at 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 hours annually in paid administrative leave in a lump sum
accrual at the beginning of each fiscal year.
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 sixty-nine total hours (45 + 24).
New confidential employees will be provided apro-rata share of the annual forty -five-hour
administrative leave 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
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
Resolution No. 34-17 -Page 3 of 8
21 or more 20
Confidential employees are subject to a maximum leave accumulation of two hundred twenty
hours. Any hours exceeding the maximum accumulation as of November 1St of each year will be
paid out in the pay period including December 1St, 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 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
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 4th
1St Monday in September
November 11th
4th Thursday in November
Friday after Thanksgiving
December 25th
January 1St
3�d Monday in January
February 12th
3d 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 hours, unless the employee is working the
�ivv alter i iative Vvvrk S�hedulc VVhel e VI le h1.11lday may e%Ual eight VI I Ill le hot.ilJ depel Idil Ig VII I the
normally scheduled work day being either an eight- or nine -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
Resolution No. 34-17 -Page 4 of 8
to the next fiscal year, to a maximum accumulation of forty-eight hours holiday time. Hours of
holiday time accumulated over forty-eight hours will be paid out in December.
Floating holiday pay is a compensable leave, and any remaining hours in the employee's U" VV
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.
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
("CaIPERS"), if any.
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 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 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 years of service
with the City, said employee shall be entitled to receive payment for up to the first ninety days of
his/her accrued sick leave at twenty-five percent of the employee's rate of pay, as of the date of
service retirement. Unused sick leave converted to service credit for CaIPERS purposes cannot
be compensated (converted to dollars). Service Retirement is defined as service retirement from
both the City and CaIPERS. Voluntary separation or termination actions are excluded from this
benefit.
H. RETIREMENT BENEFITS
All employees, enrolled in the CaIPERS retirement system, bear the risk of payment of any
increases in the employee contribution, above the current percentage, made by action of
CaIPERS, the California Public Employees Pension Reform Act of 2013 ("PEPRA") or related
legislation, and/or the State Legislature.
All employee CaIPERS contributions are paid to CaIPERS, 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:
Resolution No. 34-17 -Page 5 of 8
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)
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 CalPERS
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 CaIPERS under PEPRA and related legislation pursuant to PEPRA,
receive the following CalPERS retirement formula and optional benefits:
1. 2% no 62 formula (benefit factor increases to 2.5% on
67+) (Section
2. Final Compensation 3 Years (Section 20037)
3. 7522.20) Member contribution rate of fifty percent of the expected normal cost
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)
rate, which is
HEALTH/LIFE/VISION/DENTAL INSURANCE
Efferti�ie �lani iary 1 7(117 all emr�lnvaac rerei�ie the fnlln�riinn cnntribi itinn }n�niarrl tha ni irrhagg of
CalPERS health insurance, which includes the required CalPERS 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
Resolution No. 34-17 -Page 6 of 8
He 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 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 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, 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 confidential 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
employee's job description requires an AA or Bachelor's degree, orthe 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 2017/18, City is providing a 2 % COLA base salary increase to the
confidential employees' salary ranges as reflected in Attachment A hereto, effective with the pay
period containing July 1, 2017.
Life
Vision
Dental
Total
Bank
EE Pays
Employee only
$8.15
$ 8.86
$ 55.47
$ 72.48
$ 69.55
$ 2093
Em to ee + 1
$8:15
$ 16.59
$143.09
$167.83
$15608
$11.75
Employee + 2+
$8.15
$ 22.59
$143.09
$173.83
$161.62
$12.21
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 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, 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 confidential 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
employee's job description requires an AA or Bachelor's degree, orthe 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 2017/18, City is providing a 2 % COLA base salary increase to the
confidential employees' salary ranges as reflected in Attachment A hereto, effective with the pay
period containing July 1, 2017.
Resolution No. 34-17 -Page 7 of 8
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 actuallyworked during the
workweek. 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 27th day of June 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Irons, Davis, Headding, Makowetski, McPherson
None
None
None
JAMIE L. IRONS, M
ATTEST:
ANA SWANSON, City Clerk
Resolution No. 34-17 -Page 8 of 8
ATTACHMENT A
CONFIDENTIAL SALARY SCHEDULE
ANNUAL COMPENSATION RANGE
POSITION 1 2 3 4 5
Human Resources Analyst
Senior Accounting Technician 587715 611651 647734 677970 71,369
Legal Asst/Deputy City Clerk 507061 52,564 557192 573951 607849