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HomeMy WebLinkAboutReso 54-22 FY 2022-24 Confidential Employees (2022.06.02 )RESOLUTION NO. 54-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING AND RESTATING THE PREVIOUSLY ADOPTED 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.)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 `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) salary increase established by City Council for these employees for FY 2022/23 and FY 2023/24; and NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt this Resolution, amending and restating the previously adopted and amended schedule of 1 Unless otherwise stated, references to Sections will be to the Government Code. Resolution No. 54-22 Page 2 of 10 compensation and benefits for the City of Morro Bay's unrepresented confidential 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. 34-17 as follows. A. POSITION LIST The following are the FY 2022/23 authorized confidential positions: 1. Human Resources Analyst I 2. Human Resources Analyst II 3. Senior Accounting Technician 4. Executive Assistant/Deputy City Clerk 5. Fiscal Analyst 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. 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 the time it is incurred, until the CTO accrual balance falls below the maximum accrual limit CTO must be approved in advance by the employee's Department Director. D. ADMINISTRATIVE LEAVE Confidential employees receive up to forty-five (45) hours annually in paid administrative leave in a lump sum accrual at the beginning of each fiscal year. The administrative leave bank may never accrue more than sixty-nine (69) total hours which may limit the number of hours credited to the employee's administrative leave bank on July 1st of each year. New confidential employees will be provided a pro-rata share of the annual forty-five (45) hour accrual of administrative leave 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. VACATION LEAVE Confidential 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 Resolution No. 54-22 - Page 3 of 10 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 1st. Until December 31, 2022, 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. Effective January 1, 2023, Confidential employees will be provided an option to convert up to 40 hours of vacation into compensation per calendar year, subject to meeting the following requirements, provided that at the time of the conversion request at least 20 hours of vacation time remains in the employee s vacation bank. To be eligible for cash out of accrued vacation leave, an employee must pre -elect the number of vacation hours they will cash out, up to a maximum of 40 hours, by December 15 of the preceding calendar year (with December 15, 2022 being the election deadline for cash out in 2023). The election will apply only to vacation hours accrued in the next calendar year. The election to cash out vacation hours in each designated year is irrevocable. Confidential employees who elect to cash out vacation leave hours must cash out the number of accrued hours pre -designated on the irrevocable election: form provided by the City. Employees who pre -designate cash out amounts may request a cash out at any time in the designated calendar year by submitting a cash out request at least 30 days in advance to Human Resources. Human Resources will confirm the cash out amount has accrued and is consistent with the amount the employee pre -designated, then forward to payroll to complete the cash out request. If the full amount of hours designated for cash out is not available at the time of cash out request, the maximum available will be paid. For Confidential employees who have not requested payment of the elected cash out amount by November 1 of each year, payroll will automatically cash out the pre -designated amount in a paycheck issued on or after the payroll date including November 1. Additionally, the City may, prior to the end of the calendar year, automatically cash out the vacation leave accrued each pay penod by an employee such that the vacation leave cash out is consistent with the employee's pre -elected number of vacation leave cash out hours for that year Employees who do not pre -designate vacation leave cash out hours or who decline the cash opt option by the December 15 deadline will be deemed to have waived the right and will not be eligible to cash out any vacation leave in that year 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. Vacation leave time must be taken off on an hour -for -hour basis equaling employee actual time off, regardless of accumulation rates. Resolution No. 54-22 - Page 4 of 10 F. HOLIDAYS The following days are paid holidays for confidential employees: Independence Day July 4th Labor Day 1st Monday in September Veteran's Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25th N ew Year's Day January 1st Martin Luther King, Jr. Day 3rd Monday in January S pring Break Holiday Observed the Friday before Easter weekend Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday Varies 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 confidential employees one holiday equals eight hours, unless the employee is working the 9/80 alternative work schedule where one holiday may equal eight or nine hours depending on 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 may be carried over to the next fiscal year, to a maximum accumulation of forty-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 may be used in the care of the employee's family member for illness or for any other reason mandated by law. U pon 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 S ystem ("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 Resolution No. 54-22 - Page 5 of 10 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 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 their 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 Ca:PERS 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: 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 = 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): Resolution No. 54-22 - Page 6 of 10 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 CaIPERS definition of classic member as determined by CaIPERS under PEPRA and related legislation receive the following CafPERS 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 CaIPERS 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) Employee Cost Sharing: CaIPERS Classic Member Tier 1 & 2 employees shall make a 1 % cost sharing contribution to the employer's contribution to CaIPERS effective the first full payroll period after City Council approval of a CaIPERS Contract Amendment providing for such payment commencing FY 23/24, but in no event sooner than the pay period including July 1, 2023. HEALTH/LIFENISION/DENTAL INSURANCE Effective July 1, 2022, all employees receive the following contribution toward the purchase of CaIPERS health insurance, which includes the required CaIPERS monthly contribution: Employee only - up to $767/month or cost of insurance, whichever is Tess Employee + 1 — up to $1,232/month or cost of insurance, whichever is Tess Employee + family - up to $1,589/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. Resolution No. 54-22 - Page 7 of 10 Effective July 1, 2022, all employees receive the following contribution toward the purchase of Life, Vision and Dental insurances: Life Vision Dental Total Bank EE Pays Employee only Employee + 2+ $8.70 $8.70 $8.29 $22.17 $57.81 $159.98 $74.80 $190.85 $71.87 $178.64 $ 2.93 $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 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 contnbutes $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 their 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, 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 recommended by the City Manager and approved by the City Council; though neither is guaranteed. 1. For fiscal year 2022/23, City will provide a six percent (6%) COLA base salary increase to Resolution No. 54-22 - Page 8 of 10 the confidential employees' salary ranges as reflected in Attachment A hereto, effective with the pay period containing July 1, 2022. For fiscal year 2023/24, the CITY will provide a four percent (4%) COLA base salary increase to the confidential employees' salary ranges as reflected in Attachment B hereto, effective with the pay period containing July 1, 2023, contingent upon the cost sharing as described in Section H being approved and implemented. 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 14th day of June 2022, by the following vote: AYES Headding, Addis, Barton, Ford, Heller NOES' None ABSENT: None ABSTAIN: None JOHN HE4JJD`iNG, ATTEST: DAN'A SWANSON, City Clerk Resolution No. 54-22 - Page 9 of 10 ATTACHMENT A CONFIDENTIAL SALARY SCHEDULE EFFECTIVE 7/1/2022 POSITION 1 Human Resources Analyst II Fiscal Analyst Senior Accounting Technician Executive Asst/Deputy City Clerk Human Resources Analyst I 73,196 67,989 65,405 60,871 ANNUAL COMPENSATION RANGE 2 76,856 71,389 68,675 63,914 3 80,699 74,958 72,109 67,110 4 5 84,734 88,970 78,706 82,642 75,715 79,500 70,465 73,988 Resolution No. 54-22 - Page 10 of 10 ATTACHMENT B CONFIDENTIAL SALARY SCHEDULE EFFECTIVE 7/1/2023 POSITION 1 Human Resources Analyst II Fiscal Analyst Senior Accounting Technician Executive Asst/Deputy City Clerk Human Resources Analyst I 76,124 70,709 68,021 63,306 ANNUAL COMPENSATION RANGE 2 79,930 74,244 71,422 66,471 3 83,927 77,956 74,993 69,795 4 5 88,123 92,529 81,854 85,947 78,743 82,680 73,284 76,949