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HomeMy WebLinkAboutReso 35-21 Unrepresented Management Employees Reso (cjt)RESOLUTION NO. 35-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AMENDING AND RESTATING THE PREVIOUSLY ADOPTED 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.)1 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 1 Unless otherwise stated, references to Sections will be to the Government Code. Resolution No. 35-21 Page 2 of 11 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 management employees, whose titles are listed herein, by a Cost of Living Adjustment (COLA) salary increase established by City Council for these employees for FY 2021/22. NOW, THEREFORE, BE IT RESOLVED the Morro Bay City Council does hereby adopt this Resolution, amending and restating the previously adopted and amended schedule of compensation and benefits for the City of Morro Bay's unrepresented management employees and superseding and replacing any prior compensation and benefits resolutions, contracts, agreements or memorandum for such employees, including, but not limited to Resolution No. 33-17 as follows: A. CLASSIFICATION/POSITION LIST The following is a list of authorized management classifications: 1. Police Commander 2 Fire Marshal/Division Chief 3. Utility Division Manager 4 City Engineer 5. City Clerk/Human Resources Manager 6 Finance Manager 7. Planning Manager 8 Senior Civil Engineer 9 Senior Administrative Services Analyst 10. Consolidated Maintenance Superintendent 11. Information Systems Technician 12 Environmental Programs Manager 13. Senior Planner 14. Recreation Services Manager 15. Management Analyst 16. 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 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 Resolution No. 35-21 Page 3 of 11 a day, will not be allowed. This exception is also not allowed to be combined with any leaves. ADMINISTRATIVE LEAVE Management employees receive up to seventy-two (72) 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 The administrative leave bank may never accrue more than ninety-six (96) total hours which may limit the number of hours credited to the employee's administrative leave bank on July 1st of each year. New management employees will be provided a pro-rata share of the annual seventy- two -hour administrative leave bank upon employment. Administrative leave time must be taken off on an hour -for -hour basis equaling employee actual time off, regardless of accumulation rates. 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. E VACATION LEAVE Management employees accrue vacation, based on the schedule below: Service Years Entitlement in 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 Vacation leave time must be taken off on an hour -for -hour basis equaling employee actual time off, regardless of accumulation rates. Management employees are subject to a maximum leave accumulation of three hundred (300) 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 Resolution No. 35-21 Page 4 of 11 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: Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25 New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday in January Spring Break Holiday Observed the Friday before Easter weekend Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday Vanes Floating Holiday 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 to the next fiscal year, to a maximum accumulation of forty -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. Resolution No. 35-21 Page 5 of 11 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 e mployee illness, forty-eight (48) hours of which may be used in the care of the e mployee'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 u nder the applicable contract between the City and the California Public Employees' Retirement System ("CaIPERS"), if any. Sick leave converted to service credit for CaIPERS 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: Sick Leave Utilization 0 hours 25 to 8 hours 8.25 to 16 hours 16.25 to 25 hours Over 25 hours Sick Leave 96 hours 72 hours 48 hours 24 hours 0 hours Maximum Conversion to Vacation Leave 48 hours 36 hours 24 hours 12 hours 0 hours At least one -hundred sixty (160) 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 their 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 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. Resolution No. 35-21 Page 6of11 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 retirement plans: CaIPERS M'scellaneous 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 = one-half the normal cost of retirement (currently 6.75%) 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. 35-21 Page 7 of 11 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 CaIPERS 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 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 13.5% (6.75% 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) CalPERS Safety Plans All employees pay 100% of the employee contribution to CalPERS, which is currently: 1. Tier 1 and Tier 2 Classic members = 9% 2. Tier 3 PEPRA members = 13.0% (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 CaIPERS retirement formula and optional benefits: Resolution No. 35-21 Page 8 of 11 1. 3% @ 55 formula (Section 21363.1) 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 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 26% (13.0% 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/LIFENISION/DENTAL INSURANCE Effective July 1 2021, 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 Tess Employee + 1 — up to $1,135/month or cost of insurance, whichever is less Employee + family - up to $1, 460/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 July 1, 2021, all employees receive the following contribution toward the purchase of Life, Vision and Dental insurances: Life Vision Dental Total EE Bank Pays $8.70 $ 8.73 $ 56.68 $ 74.11 $ 71.18 $ 2.93 Employee only $8.70 16 4 40 $ $1,81 94 Employee $170.19 $156 84 + 1 $1175 + $8.70 $ 23.34 $156.84 $188.88 $176.67 $12.21 Employee 2+ 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. Resolution No. 35-21 Page 9 of 11 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 per fiscal year, to purchase steel -toed shoes, as required in the performance of their job duties. Proof of purchase is required, and 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 recommended by the City Manager and approved by the City Council, though neither is guaranteed. 1. For the fiscal year 2021/22, City will provide a five percent (5%) COLA base salary increase to the management employees' salary ranges, as reflected in Attachment A hereto, effective with the pay period containing July 1, 2021. 2. Potential One -Time Lump Sum Payment. In recognition of the financial and overall sacrifices made during the COVID-19 health emergency, contingent upon satisfaction of the following financial terms and conditions, the City shall provide a non PERSable one-time lump sum payment of one thousand dollars ($1,000) to each unrepresented Management member employed with the City of Morro Bay during the period May 2 2020, through December 31, 2020, and who is still employed when the lump -sum payments are issued by the City after verifying the following conditions precedent have been satisfied (anticipated to be around October 1, 2021): A. Total of three major General Fund Revenues (Property Tax, Sales Tax and Transient Occupancy Tax) must meet or exceed the combined Fiscal Year 2020/21 forecasted amount of $7 757,301 adopted by Council on June 23, 2020. This figure shall be based on current tax rates (currently 1% Property Tax, 1 % CITY Sales Tax, 10% TOT). In the event of increased tax rates, such increased rates would not count towards increased revenue receipts for this purpose Sales tax shall exclude any consideration of Measure Q, Measure E and Cannabis Tax that is collected at any time during Fiscal Year 2020-21. B. The CITY must not become responsible for any state or federally imposed unfunded mandates from any external source(s) that require significant unplanned and/or un-forecasted General Fund expenditure(s) of more than $125,000 above the projected use of General Fund unassigned Reserves equal to $1,248,000 in the Adopted FY 2020-21 budget (page A-11). This shall include but is not limited to significant natural disaster(s), worsening financial conditions related to the COVID-1 9 pandemic or a human -made disaster affecting the City Any such expenditure(s) cumulatively totaling $125,000 in a fiscal year or more will be counted as a reduction in the combined revenue amount discussed in this section Resolution No. 35-21 Page 10 of 11 on which the various conditions are based resulting in no one-time lump -sum payment being awarded. 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 22tnd day of June 2021, by the following vote: AYES Headding, Addis, Barton, Davis, Heller NOES' None ABSENT: None ABSTAIN: None ATTEST: DANA SWANSON, City Clerk JOHN tilE D 'G QIayor Resolution No. 35-21 Page 11 of 11 ATTACHMENT A MANAGEMENT SALARY SCHEDULE POSITION P olice Commander Fire Marshal/Division Chief U tility Division Manager City Engineer City Clerk/HR Manager Finance Manager Planning Manager Senior Civil Engineer S r. Admin. Services Analyst Information Systems Tech Environmental Programs Manager S enior Planner Recreation Services Manager Consolidated Maintenance Supt. Management Analyst P olice Support Services Mgr. ANNUAL COMPENSATION RANGE 1 120,015 110,187 106,898 105,633 90,706 82,459 70,511 2 126,016 115,696 112,243 110,915 95,242 86,582 74,036 3 132,317 121,481 117,855 116,461 100,004 90,911 77,738 4 138,932 127,555 123,748 122,284 105,004 95,456 81,625 5 145,879 133,933 129,936 128,398 110,254 100,229 Note: Classifications shown in italics are not budgeted or proposed to be filled in the FY 21-22 budget 85,706