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HomeMy WebLinkAboutAGENDA REPORT 2019 1106 REG CCSA ITEM 10ECITY OF MOORPARK, 
CALIFORNIA City Council Meeting of November 6, 2019 ACTION Adopted Resolution No. 2019- 3860, rescinding Resolution No. 2019- 3816. BY B.Garza. E. Consider Resolution Adopting a Revised Management Benefits Program and Rescinding Resolution No. 2019-3816. Staff Recommendation: 1) Adopt Resolution No. 2019-3860, rescinding Resolution No. 2019-3816. ROLL CALL VOTE REQUIRED (Staff: Arlene Balmadrid) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Arlene Balmadrid, Human Resources Manager DATE: 11/06/2019 Regular Meeting SUBJECT: Consider Resolution Adopting a Revised Management Benefits Program and Rescinding Resolution No. 2019-3816 BACKGROUND AND DISCUSSION On June 5, 2019, the City Council adopted Resolution 2019-3816 approving a revised benefit program for Management Employees, which included revisions to benefit language for the new 2019-2020 Fiscal Year. What is proposed at this time is to add language to the Management Benefits Resolution to better clarify the calculation of the grandfathered Retirement Health Savings Separation Benefit for Department Head and Management Employees hired prior to January 1, 2014. For clarification and consistency, calculation of anniversary months of service language that is currently already included in both City Council Policy 2.10 (Employee Anniversary Recognition Program Policy) and Policy 2.11 (City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System – CalPERS) is proposed to also be added into the sections of the Management Benefits Resolution that describe the grandfathered Retirement Health Savings Benefit as follows: “All full months of service for regular full-time employees will be calculated on a cumulative basis, consistent with the full-time equivalent eligibility schedule of 2,080 work hours in a 12-month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time.” Attachment 1 to this report is a copy of City Council Policy 2.10 and 2.11, which both pertain to anniversary date calculation, and include the language that is now proposed to be added into the Management Benefits Resolution for clarifying the anniversary date calculation for the grandfathered Retirement Health Savings benefit. Attachment 2 to this report is a draft revised Management Benefits Resolution that includes the proposed revised language (as identified by legislative format) for the Retirement Health Savings Benefit sections. Having the same language for anniversary date calculation will ensure consistent interpretation and implementation. As an example, in calculating full months of service to determine the Retirement Health Savings Benefit at the time of retirement, all actual leave without pay hours that occurred over the entire employment period will be totaled and deducted from the total cumulative work hours over the entire employment time Item: 10.E. 223 Honorable City Council 11/06/19 Regular Meeting Page 2 period, versus subtracting an entire month of service for possibly a very small increment of leave without pay in a month. Language has also been added to document the current practice of verifying the submittal of a CalPERS retirement application as an eligibility requirement for the benefit. GOVERNMENT CODE SECTION 54953(c)(3) ANNOUNCEMENT Consistent with Section 54953(c)(3) of the Government Code and Section 2.5 of the City Council Rules of Procedure, the Mayor, Mayor Pro Tempore, or other presiding officer is required to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in Section 3511.1(d) of the Government Code, during the open regular meeting in which the final action is to be taken and prior to the motion to approve. Non-Competitive Service employees are considered local agency executives per the State law definition, which includes a chief executive officer, a deputy and assistant chief executive officer, a department head, and a position held by an employment contract. All of the City’s Non-Competitive Service Department Head and Management employees have an employment agreement. An oral report is not considered required for the proposed amendment to the Management Benefits Resolution, since the grandfathered Retirement Health Savings benefit already exists and is only available to employees hired prior to January 1, 2014. The additional language that is proposed to be inserted will clarify calculation of the existing benefit and the deduction of cumulative leave without pay hours, and is consistent with the anniversary date calculation language in City Council Policy 2.10 and Policy 2.11 as discussed in this report. FISCAL IMPACT The proposed amendment language will allow for a more accurate calculation and deduction of any total leave without pay hours, which may slightly increase the benefit payment for the number of cumulative full months of service for the Retirement Health Savings Benefit. Since the maximum benefit amount is $100 for a full month of service, and leave without pay may only be applicable to a small number of eligible employees, no fiscal impact is anticipated. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Adopt Resolution No. 2019-____, rescinding Resolution No. 2019-3816. Attachment 1: Policy 2.10 and Policy 2.11 Attachment 2: Draft revised Management Benefits Resolution 224 Resolution No. 2019-3851 Page 57 Policy 2.10: Employee Anniversary Recognition Program Policy The City Manager shall have the authority to approve an Employee Anniversary Recognition Program for regular competitive service and management employees consistent with the dollar limits set forth in this policy. All full months of service for regular full-time and regular part-time employees will be calculated on a cumulative basis, consistent with the full-time equivalent eligibility schedule of 2,080 work hours in a 12- month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time (temporary part-time employees are not eligible for this benefit). 60 Months of Full-Time Equivalent Service: Award gift not to exceed $100.00. 120 Months of Full-Time Equivalent Service: Award gift not to exceed $300.00. 180 Months of Full-Time Equivalent Service: Award gift not to exceed $500.00. 240 Months of Full-Time Service: Award gift not to exceed $750.00. 300 Months of Full-Time Equivalent Service: Award gift not to exceed $1,000.00. 360 Months of Full-Time Equivalent Service: Award gift not to exceed $1,200.00. 420 Months of Full-Time Equivalent Service: Award gift not to exceed $1,400.00. 480 Months of Full-Time Equivalent Service: Award gift not to exceed $1,600.00. Policy 2.11: City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System (CalPERS) Regular competitive service and management employees with five or more years (60 plus months) of full-time equivalent service with the City of Moorpark will receive a contribution from the City to be used towards a retirement recognition event, subject to the requirement that all full-time employees will be invited to attend. All full months of service for regular full-time and regular part-time employees will be calculated on a cumulative basis, consistent with the full-time equivalent eligibility schedule of 2,080 work hours in a 12-month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time (temporary part-time employees are not eligible for this benefit). The event may be held at a City facility with a room or park reservation area provided free of cost, if the City Manager is provided with no less than 30 days’ notice of pending retirement and the room or park area is available. The City’s retirement event contribution is to be used for catering or subsidizing the meal cost, decorations, entertainment, a gift (which may include a cash payment) for the retiring employee not to exceed 25% of the total City retirement contribution, and/or other related event costs, as approved by the City Manager to supplement event donations. There is no cash value for this retirement benefit if the employee elects to not have a retirement event. ATTACHMENT 1 225 Resolution No. 2019-3851 Page 58 The dollar limits for the event contribution will be based on cumulative full months of full- time equivalent service time with the City as follows: $500.00 for 60 to 119 Months of Full-Time Equivalent Service. $1,000.00 for 120 to 179 Months of Full-Time Equivalent Service. $1,250.00 for 180 to 239 Months of Full-Time Equivalent Service. $1,500.00 for 240 or more Months of Full-Time Equivalent Service. Policy 2.12: Procedure for Filing a Complaint against a City Employee or Contract Staff All charges or complaints against an employee or contract staff, including the City Attorney, shall be submitted to the City Manager in writing for appropriate action. The City Manager will notify the City Council of a complaint against the City Attorney. A complaint against the City Manager shall be submitted to the City Attorney, who shall notify the City Council. The City Manager or City Attorney may waive the requirement for the complaint to be in writing if he/she determines an accommodation is needed; an example would be a disability accommodation. The City Manager shall determine whether the complaint shall be referred to the Human Resources/Risk Management Division for investigation or resolved by the Department Head to whom the employee or contract staff reports. City staff supervisors shall be instructed to refer any person with a verbal complaint about an employee and/or contract staff received during regular office hours to the Human Resources/Risk Management Division. Human Resources staff will then meet privately with the person requesting to file a complaint to either resolve the complaint or provide instruction on the City’s written complaint procedure. Consistent with the City Council Rules of Procedure for City Council meetings, a speaker that verbally complains about an employee of the City, or any employee of a private firm or public agency providing a contract service to the City, during a Council meeting will be directed to contact the City’s Human Resources/Risk Management Division for assistance in documenting and resolving their complaint. Policy 2.13: Americans with Disabilities Act (ADA)/Section 504 of Rehabilitation Act Complaint and Grievance Procedure 1. Purpose and Authority This Policy has been created to comply with the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973. This policy establishes a complaint and grievance procedure to be followed by citizens who want to file a complaint or grievance alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Moorpark (City), and not including City employment related discrimination complaints. 226 ATTACHMENT 2 RESOLUTION NO. 2019-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A REVISED BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES AND RESCINDING RESOLUTION NO. 2019-3816 WHEREAS, the City Council recognizes that the management employees of the City are required to perform additional services to the City within the scope of their assignments; and WHEREAS, in recognition of the additional time management employees devote in their service to the City without additional compensation, the City Council finds that it is appropriate to provide management employees benefits in addition to those provided to the competitive service employees of the City; and WHEREAS, Resolution No. 2019-3816 adopted on June 5, 2019, previously established a revised benefit program for management employees and is now proposed to be rescinded and a revised program adopted to modify language in Section 8, Separation Benefits, for calculation of the Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. DEPARTMENT HEAD DEFINITION. When used in this Resolution, the term “Department Head" shall include the classification positions of Administrative Services Director; Assistant City Manager; Assistant to the City Manager/City Clerk; City Engineer/Public Works Director; Community Development Director; Deputy City Manager; Finance Director; Parks and Recreation Director; Planning Director; Public Works Director; and such other classifications as the City Council may from time to time designate by resolution as being department head positions. SECTION 2. MANAGEMENT EMPLOYEE DEFINITION. When used in this Resolution, the term “Management Employee" shall include the classification positions of Accountant I and II, Active Adult Center Supervisor, Assistant City Clerk, Assistant City Engineer, Assistant Engineer, Assistant to the City Manager, Administrative Services Manager, Associate Civil Engineer, Budget and Finance Manager, City Clerk, Deputy Community Development Director, Community Services Manager, Deputy Finance Director, Economic Development and Housing Manager, Economic Development and Planning Manager, Finance/Accounting Manager, Human Resources Analyst, Human Resources Manager, Information Systems Manager, Information Systems Analyst, Landscape/Parks Maintenance Superintendent, Management Analyst, Parks and Facilities Supervisor, Parks and Landscape Manager, Planning Manager, Principal Planner, Public Works Manager, Public Works Superintendent/Inspector, Public Works Supervisor, Recreation Services Manager, Recreation Supervisor, Senior 227 Resolution No. 2019-____ Page 2 Civil Engineer, Senior Housing Analyst, Senior Human Resources Analyst, Senior Information Systems Analyst, Senior Management Analyst, and such other classifications as the City Council may from time to time designate by resolution as being Management Employee positions. SECTION 3. ADMINISTRATIVE LEAVE. The Department Heads and the Management Employees of the City shall be entitled to the following Administrative Leave benefits: Department Heads: Department Heads shall be granted Administrative Leave at the rate of 3.70 hours per pay period (approximately 96 hours per year). The amount of Administrative Leave earned will be prorated if service is less than one year. Administrative Leave must be taken by the end of the calendar year ending December 31. Any unused, accumulated Administrative Leave totaling sixteen (16) hours or less at the end of a calendar year will be automatically converted to Annual Leave or Vacation Leave (Vacation Leave is a grandfathered benefit as described in Section 4). Any accumulated Administrative Leave exceeding sixteen (16) hours at the end of a calendar year will not be carried over, and all Administrative Leave balances will be zero (0) at the beginning of each new calendar year, with the exception of the permitted leave carryover. It is the responsibility of the Department Head to not permit the accumulated Administrative Leave exceeding sixteen (16) hours to remain after December 31 of any calendar year. Department Heads who terminate employment shall be paid for accumulated Administrative Leave as of their termination of employment date based upon their then regular rate of pay. Management Employees: Management Employees at salary range 67 or higher shall be granted Administrative Leave at the rate of 1.85 hours per pay period (approximately 48 hours per year). Management Employees at a salary range lower than range 67 shall be granted Administrative Leave at the rate of .93 hours per pay period (approximately 24 hours per year). The City Manager may approve the Recreation Supervisor position at Range 62 to receive Administrative Leave at the rate of 1.85 hours per pay period (approximately 48 hours per year), if the Recreation/Community Services Manager position is vacant and there is no Recreation Services Manager. The amount of Administrative Leave earned will be prorated if service is less than one year. Administrative Leave must be taken by the end of the calendar year ending December 31. Any unused, accumulated Administrative Leave totaling eight (8) hours or less at the end of a calendar year will be automatically converted to Annual Leave or Vacation Leave. Any accumulated Administrative Leave exceeding eight (8) hours at the end of a calendar year will not be carried over, and all Administrative Leave balances will be zero (0) at the beginning of each new calendar year, with the exception of the permitted leave carryover. It is the responsibility of the Management Employee to not permit the accumulated Administrative Leave exceeding eight (8) hours to remain after December 31 of any calendar year. Management Employees who terminate employment shall be 228 Resolution No. 2019-____ Page 3 paid for accumulated Administrative Leave as of their termination of employment date based upon their then regular rate of pay. During the month of January of each year, and following completion of one full year of Management service, a Management Employee may be approved by the City Manager to receive up to an additional twenty-four (24) hours of Administrative Leave if a rating of “commendable" or higher was received on his/her most recent performance evaluation and the employee's Department Head has submitted written verification to the City Manager that the employee has spent an inordinate amount of additional work hours in performance of service to the City during the prior calendar year. SECTION 4. ANNUAL LEAVE, VACATION LEAVE, AND SICK LEAVE. All Department Heads and Management Employees will accrue Annual Leave versus separate Vacation and Sick Leave accruals, with the exception of one Department Head that receives grandfathered Vacation and Sick Leave in lieu of Annual Leave. Annual Leave Department Heads and Management Employees shall accrue Annual Leave in accordance with the accrual rates given in this Section, with the exception of one Department Head employee with a grandfathered Vacation Leave/Sick Leave benefit. The dates for using Annual Leave may be selected by an employee, but shall be approved by the supervisor, department head, or City Manager, who shall consider the wishes of the employee and the service needs of the City. In the event that one or more municipal holidays fall within the requested Annual Leave time period, such holiday equivalent to eight hours shall not be charged as Annual Leave. Employees who terminate employment shall be paid for accumulated Annual Leave based upon their then current rate of pay. The estate of a deceased employee shall be paid the amount of that person’s accumulated Annual Leave. The dates for using annual leave may be selected by an employee, but shall be approved by the City Manager or his/her designee, who shall consider the wishes of the employee and the service needs of the City. Generally, use of Annual Leave shall require a minimum of one (1) pay period advance approval for use of Annual Leave, with the exception that two work days may be taken as Annual Leave in any calendar year with only two (2) work days advance approval. Employees would be allowed to use in a calendar year the equivalent of the amount of Annual Leave that would be accrued during six (6) months at the employee’s then current rate of entitlement to attend to an illness of a child, parent, spouse, or domestic partner of the employee, consistent with the “Kin Care Law” (Labor Code Sections 233-234), and up to a maximum of three (3) days or twenty-four (24) hours of that same six (6) months accrual of Annual Leave for “Kin Care” may be used as permitted by the “Paid Sick Leave Law” (Labor Code Sections 245-249). This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act. For any unscheduled Annual Leave that exceeds three (3) consecutive work days, a supervisor may require a 229 Resolution No. 2019-____ Page 4 physician’s written certificate, when in the judgment of the supervisor, the employee’s reasons for being absent, because of alleged sickness or emergency, are inadequate. Unscheduled Annual Leave that exceeds the cumulative work days permitted by the “Kin Care Law” and the “Paid Sick Leave Law” in any calendar year may result in disciplinary action. When Annual Leave has not been approved in advance, an employee shall at a minimum: 1) Provide their supervisor with a telephone message prior to or within one- half hour after the time set for the employee’s work shift to begin; and 2) the employee shall speak to their supervisor, or if not available speak to the person designated by the department head or City Manager to receive such verbal notice, prior to or within two hours after the time set for the employee’s work shift to begin. When Annual Leave is used without pre-approval for the purposes of a medical emergency, the employee shall be expected to remain at home during the hours for which Annual Leave is to be charged, with the exception of the time an employee needs to leave their residence for the purposes of a medical appointment, medical treatment, and/or related activities, and for the purpose of providing transportation (such as transportation to and from school or childcare) for their dependents, including a child, parent, spouse, or domestic partner of the employee. Annual Leave shall be accrued per pay period on a pro-rata basis, with the exception of any unpaid leave of absence time, in accordance with the following accrual rates and maximum accrual amounts. Department Heads: Annual Leave accrual rates for Department Heads shall be as follows: 1 to 60 Months – 7.70 hours per pay period (equivalent to approximately 25 eight-hour days per year); 61 to 72 Months – 8.00 hours per pay period (equivalent to 26 eight-hour days per year); 73 to 84 Months – 8.31 hours per pay period (equivalent to approximately 27 eight-hour days per year); 85 to 96 Months – 8.62 hours per pay period (equivalent to approximately 28 eight-hour days per year); 97 to 108 Months – 8.93 hours per pay period (equivalent to approximately 29 eight-hour days per year); 109 to 120 Months – 9.24 hours per pay period (equivalent to approximately 30 eight-hour days per year); 230 Resolution No. 2019-____ Page 5 121 to 132 Months – 9.54 hours per pay period (equivalent to approximately 31 eight-hour days per year); 133 and above Months – 9.85 hours per pay period (equivalent to approximately 32 eight-hour days per year, the maximum accrual rate). In the event a Department Head was employed by another public agency (city, county, or special district) at the time or within one year of his/her appointment with the City, the Department Head may be offered at the time of appointment an Annual Leave accrual rate that is subject to the following restrictions: The Annual Leave rate must be at generally the same rate he/she was accruing Annual Leave at the other agency, or will be based on annual Vacation Leave accrual combined with 60 percent (60%) of annual Sick Leave accrual at the time he/she left that prior position, not to exceed the accrual rates listed herein above, and not to exceed a maximum of 9.24 hours per pay period (equivalent to approximately 30 eight-hour days per year), but in no event less than 7.70 hours per pay period (equivalent to the City’s beginning accrual rate of approximately 25 eight-hour days per year). He/she will continue to accrue Annual Leave at that rate until such time as he/she would be eligible for the next increase in accrual rate based on cumulative years of service with the City of Moorpark, consistent with rates listed herein above. All accrual rates shall be calculated based on an eight-hour day, consistent with the above leave accrual table. The minimum increment of Annual Leave that may be used is one quarter hour (15 minutes). Department Heads receiving Annual Leave may accrue up to a maximum accumulated Annual Leave balance of four hundred eighty (480) hours of Annual Leave. When a Department Head’s accumulated Annual Leave balance reaches the stated maximum number of hours, accrual of Annual Leave shall cease. The Department Head shall not accrue further Annual Leave until such time as their accumulated Annual Leave balance again falls below the maximum. The City Manager may approve in writing the accrual of up to an additional one hundred twenty (120) hours of Annual Leave based on City needs. The City Manager may once in any fiscal year restore any Annual Leave not accrued as a result of exceeding the maximum accumulated Annual Leave balance if the use of Annual Leave has been delayed by the City due to unusual or emergency conditions as determined by the City Manager, so long as such restoration does not result in a total accumulated Annual Leave balance exceeding six hundred (600) hours of Annual Leave at any time. After no less than three years (36 months) of employment with the City of Moorpark for a new Department Head and no less than two years (24 months) of employment as a Department Head following promotion from a City Management Employee position, the Department Head may cash out up to eighty (80) hours of accumulated Annual Leave at any time during the period of January 1 through June 15 of each year, if the Department Head has taken no less than fifteen (15) days of paid leave time within the prior twelve (12)-month period. 231 Resolution No. 2019-____ Page 6 The City Council may unilaterally restrict the lump-sum cash out for any single fiscal year. In such case, the maximum accumulated Annual Leave for the Department Heads shall be increased by the eighty (80) hours until such time as said restriction is lifted. Unless the restriction is retroactively lifted, the maximum accumulated Annual Leave for the Department Heads shall remain at the new maximum accumulated rate. If the restriction is retroactively lifted, the maximum accumulated balance shall revert to the maximum number of hours specified in this resolution. Should the Council impose a restriction for more than one consecutive year, and less than the full term of the restriction is lifted, the maximum accumulated leave balance shall be reduced only by that amount of time for which the restriction is lifted. In Fiscal Year 2019-20, a Department Head will also be eligible for a one-time cash out of up to forty (40) hours of Annual Leave for the first pay period beginning in November 2019, and provided that the requesting Department Head’s accumulated Annual Leave balance is not less than sixty (60) hours before cash out. Management Employees: Annual Leave accrual rates for Management Employees shall be as follows: 1 to 60 Months – 6.77 hours per pay period (equivalent to approximately 22 eight-hour days per year); 61 to 72 Months – 8.00 hours per pay period (equivalent to 26 eight-hour days per year); 73 to 84 Months – 8.31 hours per pay period (equivalent to approximately 27 eight-hour days per year); 85 to 96 Months – 8.62 hours per pay period (equivalent to approximately 28 eight-hour days per year); 97 to 108 Months – 8.93 hours per pay period (equivalent to approximately 29 eight-hour days per year); 109 to 120 Months – 9.24 hours per pay period (equivalent to approximately 30 eight-hour days per year); 121 to 132 Months – 9.54 hours per pay period (equivalent to approximately 31 eight-hour days per year); 133 and above Months – 9.85 hours per pay period (equivalent to approximately 32 eight-hour days per year, the maximum accrual rate). In the event a Management Employee was employed by another public agency (city, county, or special district) at the time or within one year of his/her appointment with the City, the Management Employee may be offered at the time of appointment an Annual 232 Resolution No. 2019-____ Page 7 Leave accrual rate that is subject to the following restrictions: The Annual Leave rate must be at generally the same rate he/she was accruing Annual Leave at the other agency, or will be based on annual Vacation Leave accrual combined with 60 percent (60%) of annual Sick Leave accrual at the time he/she left that prior position, not to exceed a maximum of 8.00 hours per pay period (equivalent to 26 eight-hour days per year), but in no event less than 6.77 hours per pay period (equivalent to the City’s beginning accrual rate of approximately 22 eight-hour days per year). He/she will continue to accrue Annual Leave at that rate until such time as he/she would be eligible for the next increase in accrual rate based on cumulative years of service with the City of Moorpark, consistent with rates listed herein above. All accrual rates shall be calculated based on an eight-hour day, consistent with the above leave accrual table. The minimum increment of Annual Leave that may be used is one quarter hour (15 minutes). Management Employees receiving Annual Leave may accrue up to a maximum accumulated Annual Leave balance of three hundred sixty (360) hours of Annual Leave. When a Management Employee’s accumulated Annual Leave balance reaches the stated maximum number of hours, accrual of Annual Leave shall cease. The Management Employee shall not accrue further Annual Leave until such time as their accumulated Annual Leave balance again falls below the maximum. The City Manager may approve in writing the accrual of up to an additional one hundred and twenty (120) hours of Annual Leave based on City needs. The City Manager may once in any fiscal year restore any Annual Leave not accrued as a result of exceeding the maximum accumulated Annual Leave balance if the use of Annual Leave has been delayed by the City due to unusual or emergency conditions as determined by the City Manager, so long as such restoration does not result in a total accumulated Annual Leave balance exceeding four hundred eighty (480) hours of Annual Leave at any time. In Fiscal Year 2019-20, a Management Employee will also be eligible for a one-time cash out of up to forty (40) hours of Annual Leave for either the first pay period beginning in November 2019 or first pay period beginning in March 2020, and provided that the requesting Management Employee’s accumulated Annual Leave balance is not less than sixty (60) hours before cash out. Vacation Leave Department Head: An eligible Department Head with a grandfathered Vacation Leave benefit, based on a hire date with the City prior to 1989, shall accrue Vacation Leave with pay as follows: 8.00 hours per pay period (equivalent to 26 eight-hour days per year, the maximum accrual rate). Vacation Leave shall be accrued per pay period on a pro-rata basis, with the exception of any unpaid leave of absence time. The minimum increment of Vacation Leave that may be used is one quarter hour (15 minutes). The dates for using Vacation Leave may 233 Resolution No. 2019-____ Page 8 be selected by an employee, but shall be approved by the City Manager, who shall consider the wishes of the employee and the service needs of the City. In the event that one or more municipal holidays fall within the vacation time, such holiday equivalent to eight hours shall not be charged as Vacation Leave. An eligible employee who terminates employment shall be paid for accumulated Vacation Leave based upon their then current rate of pay. The estate of a deceased employee shall be paid the amount of that person’s accumulated Vacation Leave. An eligible Department Head receiving Vacation Leave may accrue up to a maximum accumulated Vacation Leave balance of four hundred and sixty-four (464) hours of Vacation Leave. When a Department Head’s accumulated Vacation Leave balance reaches the stated maximum number of hours, accrual of Vacation Leave shall cease. The City Manager may approve a Department Head to accrue an additional one hundred twenty (120) hours of Vacation Leave based on City needs. Additional Vacation Leave accrual beyond the stated maximum number of hours shall require the written approval of the City Manager. The City Manager may once in any fiscal year restore any Vacation Leave not accrued as a result of exceeding the maximum accumulated Vacation Leave balance if the use of Vacation Leave has been delayed by the City due to unusual or emergency conditions as determined by the City Manager, so long as such restoration does not result in a total accumulated Vacation Leave balance exceeding five hundred eighty-four (584) hours of Vacation Leave at any time. At any time during the period of January 1 through June 15 of each year, the Department Head with a grandfathered Vacation Leave benefit may cash out up to eighty (80) hours of accumulated Vacation Leave, if the Department Head has taken no less than fifteen (15) days of paid leave time within the prior twelve (12)-month period. The City Council may unilaterally restrict the cash out for any single fiscal year. In such case, the maximum accumulated Vacation Leave for the Department Head shall be increased by the eighty (80) hours until such time as said restriction is lifted. Unless the restriction is retroactively lifted, the maximum accumulated leave for the Department Head shall remain at the new maximum accumulated leave rate. If the restriction is retroactively lifted, the maximum accumulated leave shall revert to the maximum number of hours specified in this resolution. Should the Council impose a restriction for more than one consecutive year, and less than the full term of the restriction is lifted, the maximum accumulated leave shall be reduced only by that amount of time for which the restriction is lifted. In Fiscal Year 2019-20, a Department Head with a grandfathered Vacation Leave benefit will also be eligible for a one-time cash out of up to forty (40) hours of Vacation Leave for the first pay period beginning in November 2019, and provided that the requesting Department Head’s accumulated Vacation Leave balance is not less than sixty (60) hours before cash out. 234 Resolution No. 2019-____ Page 9 Sick Leave An eligible Department Head with a grandfathered Sick Leave benefit, based on a hire date with the City prior to 1989, shall accrue Sick Leave in accordance with the following provisions. A. Sick Leave Accrual. The employee shall accrue Sick Leave at the rate of 3.08 hours per pay period (equivalent to approximately 10 eight-hour days per year). B. Allowable Uses. Use of Sick Leave shall be allowed consistent with California’s Kin Care law (Labor Code Sections 233-234) and California’s Paid Sick Leave Law (Labor Code Sections 245-249) and including to supplement Workers Compensation for a job related injury or illness. C. General Provisions. The General Provisions of this section will be enforced with the exception of any provisions that are inconsistent with California’s Kin Care law (Labor Code Sections 233-234) and California’s Paid Sick Leave Law (Labor Code Sections 245-249). 1. When Sick Leave has not been approved in advance, the employee shall at a minimum: 1) Provide their supervisor with a telephone message prior to or within one-half hour after the time set for the employee’s work shift to begin; and 2) the employee shall speak to their supervisor, or if not available speak to the person designated by the City Manager to receive such verbal notice, prior to or within two hours after the time set for the employee’s work shift to begin. When Sick Leave is used without pre- approval for the purposes of a medical emergency, the employee shall be expected to remain at home during the hours for which Sick Leave is to be charged, with the exception of the time an employee needs to leave their residence for the purposes of a medical appointment, medical treatment, and/or related activities, and for the purpose of providing transportation for their dependents and family members. 2. The City Manager may at his/her discretion require the employee to submit a physician’s written certificate, when the employee has been absent on Sick Leave for more than three (3) consecutive regular work shifts. When in the judgment of the City Manager the employee’s reasons for being absent because of alleged sickness are inadequate, the employee will be required to use other accumulated Vacation or Administrative Leave for the absence. 3. An employee who becomes ill or injured while on vacation may have the use of Sick Leave substituted for use of Vacation Leave, if a written request for substitution of Sick Leave is submitted and approved by the 235 Resolution No. 2019-____ Page 10 City Manager or his or her designee. The employee may be required to submit a physician’s written certificate as verification. 4. An employee shall have the equivalent number of hours deducted from his/her accumulated Sick Leave time for each regularly scheduled work day that the Employee is on paid Sick Leave. In the event that an Employee becomes ill during working hours and is placed on paid Sick Leave prior to the close of the work day, such paid Sick Leave shall be calculated to the nearest one-quarter hour. 5. Observed holidays occurring during Sick Leave use shall not be charged against an Employee’s accumulated Sick Leave. 6. In the event that an employee uses all the Sick Leave he/she has accumulated, he/she shall then have Vacation Leave or Administrative Leave he/she has accumulated deducted for each work day he/she is absent due to qualifying medical reason. Vacation Leave or Administrative Leave shall continue to be deducted until the Employee either returns to work or all accumulated Vacation Leave and Administrative Leave is used. The employee may apply to receive a leave of absence without pay, if the Employee does not have any accumulated Vacation Leave, Sick Leave, or Administrative Leave; however, an employee is not required to use accumulated leave when receiving a wage replacement benefit, such as workers compensation, disability insurance, or paid family leave, but may request use of accumulated leave in coordination with the wage replacement benefit. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act. 7. Use of Sick Leave following notice of resignation shall require the Employee to provide a physician’s certificate to verify need for the absence from work, with the exception of Sick Leave use that is found to be consistent with California’s Kin Care law (Labor Code Sections 233- 234) and California’s Paid Sick Leave Law (Labor Code Sections 245- 249). D. Conversion of Sick Leave So long as an employee has at least 280 accumulated Sick Leave hours as of December 31 of any year, the employee may choose to convert up to forty (40) hours of the accumulated Sick Leave to Vacation Leave. The employee must submit his/her written declaration to convert up to forty (40) hours of accumulated Sick Leave to accumulated Vacation Leave to the City Manager between January 1 and January 31 following the qualifying annual conversion period ending December 31 of the prior year. Once the Sick Leave is converted to 236 Resolution No. 2019-____ Page 11 Vacation Leave, it shall be subject to the maximum accumulated Vacation Leave permitted by this resolution. E. Cash-Out of Sick Leave A Department Head with a grandfathered Sick Leave benefit will be eligible once annually to cash out in one pay period up to eighty (80) hours of Sick Leave at the rates specified in Section 8 for the Voluntary and Involuntary Separation Accumulated Sick Leave Accrual Benefit sections, provided that the requesting Department Head’s accumulated Sick Leave balance is not less than six hundred (600) hours before cash out. The intent of this cash-out is to reduce the total accumulated Sick Leave balance that would otherwise be eligible to be cashed out at a potentially higher rate of pay at the time of voluntary or involuntary separation. The City Council may unilaterally restrict the annual Sick Leave cash out of up to 80 hours for any single fiscal year, by not including funding in the fiscal year budget; however, this restriction does not apply to the separation benefit described in Section 8. SECTION 5. OTHER LEAVE BENEFITS. Department Heads and Management Employees are entitled to receive the same leave of absence, military leave, holidays, jury duty, bereavement leave, pregnancy disability leave, family and medical leave, and California Family Rights Act leave benefits provided to Competitive Service employees, as described in the City’s adopted Personnel Rules and as required by applicable law. SECTION 6. SALARY. The Department Heads and the Management Employees of the City shall be entitled to the following Salary benefits: Department Heads and Management Employees shall be subject to the Salary Plan adopted by City Council resolution for Competitive Service, Non-Competitive Service, and Hourly employees. Department Heads and Management Employees shall be eligible for the same “cost-of-living" adjustments and Spanish language bilingual pay as may be granted from time to time by the City Council to Competitive Service employees. Nothing herein shall preclude the City Council from granting Department Heads and Management Employees salary adjustments and bilingual pay above those granted to the Competitive Service employees. Department Heads and Management Employees may be considered annually for a merit raise increase in salary according to the following provisions: A. Any salary increase or denial of salary increase shall require the specific recommendation of the employee’s department head and/or immediate supervisor and the approval of the City Manager following completion of a written performance evaluation. 237 Resolution No. 2019-____ Page 12 B. The City Manager shall have authority to establish and modify written performance evaluation procedures, including the evaluation form(s) to be used, the minimum overall score required to obtain a merit raise, and the merit raise percentage. The written procedures shall be applied consistently to all Department Head and Management Employees. The maximum annual merit raise is five percent (5%), not to exceed the highest step of the applicable salary range. C. Any salary increase granted pursuant to this Section shall be effective as of the first calendar day of the pay period in which the anniversary date occurs, unless a merit raise is not approved or is deferred, as recommended by the Department Head, and as determined by the City Manager based on performance or discipline, and may also be deferred based on unpaid leave. Salary range advancement shall not be automatic. Payment for Spanish language bilingual pay shall be consistent with the City’s adopted Salary Plan, subject to qualification as determined by the City Manager at his or her sole discretion. SECTION 7. INSURANCE AND HEALTH BENEFITS. Department Heads and Management Employees of the City shall be entitled to the following insurance and health benefits: A. Dental and Vision Insurance During Fiscal Year 2019-20, City shall continue to pay one hundred percent (100%) of premiums for Department Head and Management Employees and eligible dependents’ coverage for the dental and vision insurance programs, consistent with that coverage provided to Competitive Service employees. City reserves the right to change the benefit provider, but agrees to maintain generally the same level of dental and vision insurance coverage for employee and dependents during Fiscal Year 2019-20, although the specific benefits may vary to some extent based on the package of benefits offered and the approved provider network for dental and vision insurance. B. Medical Insurance and Health Benefits The City’s obligation for medical insurance and health benefits for Department Heads shall be as follows: Department Heads: 1. Medical Insurance Cafeteria Plan for 2019 a) Employed by City as Department Head Prior to July 1, 2010: 238 Resolution No. 2019-____ Page 13 For calendar year 2019, for Department Heads employed prior to July 1, 2010, the City shall continue a cafeteria plan (Section 125 Premium-Only Plan) for medical insurance, and the City’s contribution for each employee with the grandfathered benefit shall consist of a medical insurance allowance of one hundred percent (100%) of the PERS Choice insurance Preferred Provider Organization (PPO) plan family rate, and such contribution shall be inclusive of the minimum CalPERS medical insurance payment amount as specified in Section 22892 et seq. of the Government Code. The medical insurance cafeteria plan contribution, as specified above, is intended to pay for medical insurance for the employee and eligible dependents. An employee may convert up to a maximum of $300.00 of the medical insurance cafeteria plan allowance to cash or a deferred compensation payment each month, if not used for payment of CalPERS medical insurance costs for employee and/or eligible dependents (hereinafter referred to as in-lieu payment). The in-lieu payment shall be prorated over twenty-four (24) pay periods in a calendar year; and upon termination of employment, the in-lieu payment shall be prorated for the final paycheck, based on actual days worked, including any use of paid accumulated leave or holiday pay in that final pay period. For employees electing to waive medical insurance coverage for themselves and eligible dependents, proof of alternative medical insurance coverage shall be provided at the time of open enrollment each year, and the employee shall certify he/she will continue such alternative coverage so long as he/she receives an in-lieu payment. City agrees to provide this in-lieu payment option only so long as provider does not object and this action is consistent with applicable federal and state laws, including the Affordable Care Act or any successor thereto. Once the employee has selected an option for insurance coverage and/or in-lieu payment that would begin January 1 of the calendar year, he/she may not change his/her selected option until the next open enrollment date of the medical insurance plan, except as is permitted by law. All medical insurance costs that exceed the City’s maximum allowance for the calendar year shall be paid by the employee through payroll deduction. b) Employed by City as Department Head after July 1, 2010: For calendar year 2019, a Department Head employed by the City after July 1, 2010, shall be eligible to participate in the same medical programs as are made available to Competitive Service 239 Resolution No. 2019-____ Page 14 employees with the same contributions from the City toward the program premiums as provided to Competitive Service employees. 2. Medical Insurance Cafeteria Plan for 2020 Beginning in calendar year 2020, all Department Heads employed by the City shall continue a cafeteria plan (Section 125 Premium- Only Plan) for medical insurance, and the City’s contribution for each employee shall consist of a medical insurance allowance of up to one hundred percent (100%) of the PERS Choice insurance Preferred Provider Organization (PPO) plan family rate, and such contribution shall be inclusive of the minimum CalPERS medical insurance payment amount as specified in Section 22892 et seq. of the Government Code. The medical insurance cafeteria plan contribution, as specified above, is intended to pay for medical insurance for the employee and eligible dependents. An employee may convert up to a maximum of $300.00 of the medical insurance cafeteria plan allowance to cash or a deferred compensation payment each month, if not used for payment of CalPERS medical insurance costs for employee and/or eligible dependents (hereinafter referred to as in-lieu payment). The in-lieu payment shall be prorated over twenty-four (24) pay periods in a calendar year; and upon termination of employment, the in-lieu payment shall be prorated for the final paycheck, based on actual days worked, including any use of paid accumulated leave or holiday pay in that final pay period. For employees electing to waive medical insurance coverage for themselves and eligible dependents, proof of alternative medical insurance coverage shall be provided at the time of open enrollment each year, and the employee shall certify he/she will continue such alternative coverage so long as he/she receives an in-lieu payment. City agrees to provide this in-lieu payment option only so long as provider does not object and this action is consistent with applicable federal and state laws, including the Affordable Care Act or any successor thereto. Once the employee has selected an option for insurance coverage and/or in-lieu payment that would begin January 1 of the calendar year, he/she may not change his/her selected option until the next open enrollment date of the medical insurance plan, except as is permitted by law. All medical insurance costs that exceed the City’s maximum allowance for the calendar year shall be paid by the employee through payroll deduction. 240 Resolution No. 2019-____ Page 15 3. Comprehensive Physical Examination: After completion of the first year of service with the City, all Department Heads are eligible for a City- paid comprehensive physical examination every two (2) years prior to age 50, and every year after age 50, with a maximum, cumulative City contribution of nine hundred dollars ($900.00) for each pre-approved comprehensive physical examination, as a supplement for costs not covered or funded by medical insurance (including any specialized examinations, tests, follow-up tests, and laboratory costs). To be eligible for the benefit, the Department Head shall obtain the prior written approval of the City Manager. Management Employees: Management Employees shall be eligible to participate in the same medical programs as are made available to Competitive Service employees with the same contributions from the City toward the program premiums as provided to Competitive Service employees. C. Life Insurance Department Heads: Department Heads shall be provided term life insurance policies at one hundred fifty thousand dollar ($150,000) face value. Life insurance coverage for dependents of Department Heads shall be the same as that provided for Competitive Service employees. Management Employees: Management Employees shall be provided life insurance policies at seventy-five thousand dollar ($75,000) face value. Life insurance coverage for dependents of Management Employees shall be the same as that provided for Competitive Service employees. SECTION 8. SEPARATION BENEFITS. The Department Heads and the Management Employees of the City shall be entitled to the following Separation benefits: Department Heads A. Involuntary Separation without Cause. 1. Paid Severance. Department Heads shall be eligible to receive the following paid severance benefits at his/her then current salary rate, for cumulative months of service with the City of Moorpark (unpaid leave of absence time shall be deducted), if involuntarily separated from service with the City of Moorpark for any reason other than if separated from service due to cause, including but not limited to conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony: 241 Resolution No. 2019-____ Page 16 0 to 12 Months of service - 4 weeks of paid severance 13 to 24 Months of service - 6 weeks of paid severance 25 to 36 Months of service - 9 weeks of paid severance 37 to 48 Months of service - 12 weeks of paid severance 49 to 60 Months of service - 14 weeks of paid severance 61 to 72 Months of service - 16 weeks of paid severance 73 to 84 Months of service - 18 weeks of paid severance 85 to 96 Months of service - 22 weeks of paid severance 97 to 240 Months of service - 24 weeks of paid severance 241 or more Months of service - 25 weeks of paid severance 2. Accumulated Sick Leave Benefit. A Department Head with a grandfathered Sick Leave accrual benefit shall be eligible for a cash payment for accumulated Sick Leave of seventy-five percent (75%) of his/her Sick Leave balance, accumulated as of the effective date of the involuntary separation. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. 3. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of involuntary separation after no less than fifteen (15) years (180 months) of cumulative service with the City of Moorpark, the City shall pay a retirement health savings benefit payment of $75.00 for each full month of service into the Department Head’s 457 and/or 401(a) deferred compensation accounts, and/or retirement health savings plan account at the time of separation of employment; and after no less than twenty (20) years (240 months) of cumulative service with the City of Moorpark, the City shall pay $100.00 for each full month of service into the Employee’s 457 and/or 401(a) deferred compensation account(s), and/or retirement health savings plan account at the time of separation of employment for CalPERS retirement. All full months of service for full-time employees will be calculated on a cumulative basis consistent with the full- time equivalent eligibility schedule of 2,080 hours in a 12-month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence. The payment would be made upon City verification of the 242 Resolution No. 2019-____ Page 17 submittal of a California Public Employees Retirement System (CalPERS) retirement application and following the eligible employee’s last day of employment with the City. If the Department Head elects to not participate in the City’s voluntary retirement health savings plan and has already reached the maximum contribution limit for the year in their deferred compensation plan account(s), including catch-up provision, he/she may elect to receive the retirement health savings benefit payment in cash upon written approval of the City Manager. The retirement health savings benefit shall be paid to any qualified beneficiaries, based on the eligibility established for a voluntary separation, if the separation occurs prior to retirement due to the death of the employee. This retirement benefit applies only to employees hired prior to January 1, 2014. B. Voluntary Separation. 1. No Eligibility for Severance Pay. In cases of voluntary separation from service with the City, including retirement under the City’s retirement system (“Service Retirement”), or death of the employee, Department Heads shall not be eligible for the Involuntary Separation without Cause paid severance for Department Heads described in Section 8.A.1 of this resolution. 2. Accumulated Sick Leave Benefit. A Department Head with a grandfathered Sick Leave accrual benefit shall be eligible for a cash payment for accumulated Sick Leave of seventy-five percent (75%) of his/her Sick Leave balance, accumulated as of the effective date of the voluntary separation. The cash payment for accumulated Sick Leave shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. 3. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of voluntary separation for retirement under the City’s retirement system (“Service Retirement”), and after no less than ten (10) years (120 months) of cumulative service with the City of Moorpark, the City shall pay a retirement health savings benefit payment of $75.00 for each full month of service into the Department Head’s 457 and/or 401(a) deferred compensation accounts, and/or retirement health savings plan account, and after no less than fifteen (15) years (180 months) of cumulative service with the City of Moorpark, the City shall pay $100.00 for each full month of service into the Employee’s 457 and/or 401(a) deferred compensation account(s), and/or retirement health savings plan account. All full months of service for full-time employees will be calculated on a cumulative basis consistent with the full-time equivalent eligibility schedule of 2,080 hours in a 12-month period (calculated by 243 Resolution No. 2019-____ Page 18 multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time. The payment would be made upon City verification of the submittal of a California Public Employees Retirement System (CalPERS) retirement application and following the eligible employee’s last day of employment with the City. If the retiring Department Head elects to not participate in the City’s voluntary retirement health savings plan and has already reached the maximum contribution limit for the year in their deferred compensation plan account(s), including catch-up provision, he/she may elect to receive the retirement health savings benefit payment in cash upon written approval of the City Manager. The retirement health savings benefit shall be paid to any qualified beneficiaries, based on the eligibility established for a voluntary separation, if the separation occurs prior to retirement due to the death of the employee. This retirement benefit applies only to employees hired prior to January 1, 2014. Management Employees A. Involuntary Separation without Cause. 1. Paid Severance. Management Employees who sign an employment agreement with the City at the time of hire, promotion, or reclassification, shall be eligible to receive the following paid severance benefit at his/her then current salary rate, for cumulative months of service with the City of Moorpark (unpaid leave of absence time shall be deducted), if involuntarily separated from service with the City of Moorpark for any reason other than if separated from service due to cause, including but not limited to conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony: 0 to 12 Months of service – 3 weeks of paid severance 13 to 24 Months of service – 5 weeks of paid severance 25 to 36 Months of service – 7 weeks of paid severance 37 to 48 Months of service – 9 weeks of paid severance 49 to 60 Months of service – 10 weeks of paid severance 61 to 72 Months of service – 11 weeks of paid severance 73 to 84 Months of service – 12 weeks of paid severance 244 Resolution No. 2019-____ Page 19 85 to 96 Months of service – 13 weeks of paid severance 97 or more Months of service – 14 weeks of paid severance 2. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of involuntary separation after no less than twenty (20) years (240 months) of cumulative service with the City of Moorpark, the City shall pay a retirement health savings benefit payment of $75.00 for each full month of service into the Management Employee’s 457 deferred compensation account and/or retirement health savings plan account at the time of separation of employment; and after no less than twenty-five (25) years (300 months) of cumulative service with the City of Moorpark, the City shall pay $100.00 for each full month of service into the Employee’s 457 deferred compensation account and/or retirement health savings plan account at the time of separation of employment. All full months of service for full-time employees will be calculated on a cumulative basis consistent with the full-time equivalent eligibility schedule of 2,080 hours in a 12-month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time. The payment would be made upon City verification of the submittal of a California Public Employees Retirement System (CalPERS) retirement application and following the eligible employee’s last day of employment with the City. If the Management Employee elects to not participate in the City’s voluntary retirement health savings plan and has already reached the maximum contribution limit for the year in their deferred compensation plan account, including catch-up provision, he/she may elect to receive the retirement health savings benefit payment in cash upon written approval of the City Manager. The retirement health savings benefit shall be paid to any qualified beneficiaries, based on the eligibility established for a voluntary separation, if the separation occurs prior to retirement due to the death of the employee. This retirement benefit applies only to employees hired prior to January 1, 2014. B. Voluntary Separation. 1. No Eligibility for Severance Pay. In cases of voluntary separation from service with the City, including retirement under the City’s retirement system (“Service Retirement”), or death of the employee, Management Employees are not eligible for the Involuntary Separation without Cause paid severance for Management Employees described in Section 8.A.1 of this resolution. 245 Resolution No. 2019-____ Page 20 2. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of voluntary separation for retirement under the City’s retirement system (“Service Retirement”), and after no less than fifteen (15) years (180 months) of cumulative service with the City of Moorpark, the City shall pay a retirement health savings benefit payment of $75.00 for each full month of service into the Management Employee’s 457 deferred compensation account and/or retirement health savings plan account, and after no less than twenty (20) years (240 months) of cumulative service with the City of Moorpark, the City shall pay $100.00 for each full month of service into the Employee’s 457 deferred compensation account and/or retirement health savings plan account. All full months of service for full-time employees will be calculated on a cumulative basis consistent with the full-time equivalent eligibility schedule of 2,080 hours in a 12-month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time. The payment would be made upon City verification of the submittal of a California Public Employees Retirement System (CalPERS) retirement application and following the eligible employee’s last day of employment with the City. If the retiring Management Employee elects to not participate in the City’s voluntary retirement health savings plan and has already reached the maximum contribution limit for the year in their deferred compensation plan account(s), including catch-up provision, he/she may elect to receive the retirement health savings benefit payment in cash upon written approval of the City Manager. The retirement health savings benefit shall be paid to any qualified beneficiaries, based on the eligibility established for a voluntary separation, if the separation occurs prior to retirement due to the death of the employee. This retirement benefit applies only to employees hired prior to January 1, 2014. SECTION 9. TUITION REIMBURSEMENT. The Department Heads and the Management Employees of the City shall be entitled to the following Tuition Reimbursement benefits: Department Heads and Management Employees shall be eligible to receive tuition reimbursement for courses pre-approved by the City Manager and consistent with the rules, including tuition reimbursement rates, approved by the City Council for Competitive Service employees. SECTION 10. LONGEVITY PAY FOR EMPLOYEES HIRED PRIOR TO JANUARY 1, 2015. Only Department Head and Management employees hired by the City of Moorpark prior to January 1, 2015, will be eligible for longevity pay as a grandfathered benefit, subject to reaching the required cumulative and complete months of service as follows: For Department Heads, the minimum cumulative months of service is sixty (60), and for Management Employees, the required minimum cumulative 246 Resolution No. 2019-____ Page 21 and complete months of service is one hundred twenty (120), and all unpaid leave of absence time shall be deducted. Longevity pay for Department Head and Management Employees employed by the City prior to January 1, 2015, shall be calculated based on cumulative and complete months of service as follows (and unpaid leave of absence time shall be deducted): Department Heads: 61 to 120 Months of service – one percent (1.0%) 121 to 180 Months of service – one and one-half percent (1.5%) 181 to 240 Months of service – two percent (2.0%) 241 to 300 Months of service – two and one-half percent (2.5%) 301 or more Months of service – three percent (3.0%) Management Employees: 121 to 180 Months of service – one percent (1.0%) 181 to 240 Months of service – one and one-half percent (1.5%) 241 to 300 Months of service – two percent (2.0%) 301 or more Months of service – two and one-half percent (2.5%) SECTION 11. SUPPLEMENTAL LEAVE. Within the first 36 months of employment with the City, a Department Head may receive thirty (30) days of supplemental leave, which may be used only for a catastrophic illness or injury to the employee. The leave provided by this Section shall have no cash value at the time of separation of service from the City. Use of this leave shall be at the City Manager’s sole discretion and shall be used to supplement short-term disability insurance benefits, and only after exhaustion of all accumulated Administrative Leave and Annual Leave, until the Department Head is eligible for the City’s long-term disability benefits or is terminated from City employment, whichever comes first. SECTION 12. CAR ALLOWANCE. A monthly car allowance shall be provided for the positions listed and for the amount listed as follows: Assistant City Manager $310.00 City Engineer/Public Works Director $310.00 Community Development Director $310.00 Deputy City Manager $310.00 Finance Director $310.00 247 Resolution No. 2019-____ Page 22 Parks and Recreation Director $310.00 Public Works Director $310.00 Assistant City Engineer $200.00 Parks and Landscape Manager $200.00 Planning Director $200.00 Assistant to the City Manager* $150.00 Economic Development and Housing Manager $150.00 Economic Development and Planning Manager $150.00 Information Systems Manager $150.00 * (When economic development responsibilities are assigned by the City Manager) Receipt of a car allowance is dependent upon Employee maintaining a valid California automobile driver’s license and also providing proof of automobile insurance for Employee’s private vehicle used for City business in compliance with all related City Manager administrative procedures and City Council policies. In addition, Employee receiving the car allowance shall operate any vehicle used in connection with the performance of his/her duties in a safe manner and in observance of all established traffic safety laws. The City Manager shall suspend the car allowance if Employee is not permitted to drive on City business for any reason. An Employee receiving a car allowance is required to drive and use their personal vehicle for all City work activities that require driving a vehicle, and are also required to obtain a substitute vehicle, such as a rental car, if their personal vehicle will be unavailable for more than two work days in a calendar month, such as when the vehicle is being repaired. An Employee receiving a car allowance may not drive a City pool vehicle, unless City Manager advance written approval has been obtained. An Employee receiving a car allowance is not permitted to substitute a motorcycle in lieu of a car. The monthly car allowance shall be continued through any approved and paid leave of absence not exceeding twelve weeks in any twelve-month period. The monthly car allowance shall be discontinued or suspended for an unpaid leave of absence for which an employee has no remaining accumulated leave. SECTION 13. DEFERRED COMPENSATION AND RETIREMENT. A. Deferred Compensation. The Department Heads and Management Employees shall be entitled to the following deferred compensation payment: The Department Heads and Management Employees shall be entitled to a deferred compensation contribution made by the City into an approved deferred compensation program, as follows: Department Head positions – Two and one- half percent (2.5%) of gross base salary, and Management Employees – Two percent (2.0%) of gross base salary. 248 Resolution No. 2019-____ Page 23 To the extent permitted by the City’s 457 and 401A deferred compensation plans, a Department Head with at least 24 months of service with the City and 240 hours of accumulated Annual Leave or Vacation Leave may elect, with the concurrence of the City Manager and consistent with Section 4 of this Resolution, to have the Annual Leave or Vacation Leave cash-out, as described in this Resolution, deposited to his/her 457 or 401A deferred compensation plan(s), so long as the maximum contribution for the year is not exceeded. B. CalPERS Retirement. Classic Member Benefit. For Department Head and Management Employees defined by the California Public Employees Retirement System (CalPERS) as a “Classic Member”, the City shall pay the employee CalPERS contribution, not to exceed seven percent (7%) of base salary and maintain the current level of benefits, which includes the following, subject to the City’s Agreement with CalPERS: Section 20938 – The provisions of Section 20938 apply to limit prior service to members employed on CalPERS contract date. Section 21354 - Local Miscellaneous Member 2 percent (2%) at age 55 CalPERS retirement benefit. Section 21548 - Optional Pre-Retirement Settlement 2 death benefit. Section 21574 - Fourth Level of 1959 Survivor Benefits. Section 21623.5 - $5,000 Retired Death Benefit. The City shall report the value of Employer Paid Member Contributions (EPMC) to CalPERS as additional compensation pursuant to Government Code Section 20636(c) and California Code of Regulations Section 571(a)(1). New Member Benefit: For City Department Head and Management Employees hired on or after January 1, 2013, the CalPERS retirement benefit shall comply with the requirements of Assembly Bill 340 approved by the Governor on September 12, 2012 (Public Employees Pension Reform Act), Government Code Sections 7522 – 7522.74, and as may be subsequently amended. SECTION 14. CELLULAR TELEPHONE ALLOWANCE. A monthly cellular telephone (cell phone) allowance of $70.00 shall be provided for each Department Head position. The City Manager may approve a monthly cell phone allowance of $45.00 for a Management Employee whose duties, as determined by the City Manager, necessitate access to a cell phone. Employees receiving a cell phone 249 Resolution No. 2019-____ Page 24 allowance shall be subject to compliance with cell phone standards to be approved by the City Manager. Such standards shall include, but not be limited to, the cell phone company to be used, the service area, and voice mail and texting capabilities. As a condition of receiving the cell phone allowance, the Department Head or Management Employee must sign an agreement form to provide to the City all City business related cell phone electronic communication records that may be requested by City, in full compliance with the Public Records Act. In addition to the monthly allowance, the City shall reimburse Department Heads, and designated Management Employees up to a maximum of $325.00 every two years upon submittal of an invoice showing proof of payment for a new cell phone that is in compliance with the City Manager’s established cell phone standards. City Manager written approval is required prior to an employee receiving the monthly cell phone allowance and prior to cell phone acquisition to verify compliance with established standards. Additionally, prior to the purchase of a cell phone, written approval must be received from the Information Systems Manager to confirm that the cell phone is compatible with Microsoft Outlook software. The monthly cell phone allowance shall be continued through any approved and paid leave of absence, not exceeding twelve weeks for Family and Medical leave in any twelve-month period. The monthly cell phone allowance shall be discontinued or suspended for an unpaid leave of absence for which an employee has no remaining accumulated leave. The City Manager at his/her sole discretion may approve continuance of a cell phone allowance for a paid or unpaid leave of absence beyond the restrictions described in this section, if continuing cell phone communication with the employee is required during the leave of absence for the benefit of the City. SECTION 15. INCONSISTENT ACTIVITIES AND OUTSIDE EMPLOYMENT. Department Head and Management employees shall not engage in regular outside employment, activity or enterprise for compensation ("outside employment") without the express written approval of the City Manager. In making a determination as to the consistency or inconsistency of outside employment, activity, or compensation (“outside employment”), the City Manager shall consider the potential for a conflict of interest and the provisions of Government Code Section 1126, including whether the employment involves: A. The use for private gain or advantage of City time, facilities, equipment and supplies, or B. Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his/her employment with the City or as a part of his/her duties as a City employee, or 250 Resolution No. 2019-____ Page 25 C. The performance of an act in other than his/her capacity as a City employee which act may later subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City, or D. Such time demand as would render performance of his/her duties as a City employee less efficient. Employees may be allowed to engage in outside employment if such secondary employment meets the following standards, as determined by the City Manager at his/her sole discretion: A. The outside employment is not inconsistent with the employee's employment with the City and will not result in a conflict of interest; B. The employee certifies that they will not contract with nor perform any services directly or indirectly with a developer, property owner, firm, partnership, and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest while employed by the City of Moorpark unless written consent is obtained from the City Manager; C. The employee certifies that he/she will not provide any services whether for remuneration or not to any person or organization for any land use entitlement or public or private improvement to real property including civil and structural engineering services, or appear before any elected body or appointed commission, committee or board of a general purpose government (city or county) or special district located within the County of Ventura, on behalf of any person or entity except the City of Moorpark. D. The outside employment will not be demanding on the employee or carry over into his/her regular duties; E. The outside employment is such that no problem will arise as to the City's responsibility for injury incurred on the outside job; F. The outside employment will never be allowed to interfere with the policy that the employee is always readily accessible in case of emergencies; G. Employee would be required to notify the outside employer that he/she may need to return to his/her regular duties immediately upon call; H. The basis for approval by the City Manager is: 1. The employee is required to sign a waiver in regard to injuries occurring in outside employment. This waiver shall specifically waive any rights he/she would have against the City or any retirement system which the City might adopt as to disability which would be caused from, or arising 251 Resolution No. 2019-____ Page 26 out of, the outside employment for which the request is made. The employee shall also waive any rights to Worker's Compensation benefits or sick leave because of injury or sickness caused by, or arising out of, his/her outside employment. 2. An employee whose leave record indicates excessive absenteeism or excessive tardiness, as determined by the City Manager at his/her sole discretion, will not be allowed to continue outside employment. I. The City Manager shall notify the employee of either the approval of the outside employment request or denial based on a determination not to allow the requested outside employment and the grounds therefore. The decision of the City Manager shall be final. SECTION 16. CITY MANAGER. Severance Pay for a City Manager shall be consistent with the provisions of Section 2.12.100 of the Moorpark Municipal Code. All benefits to be provided to the City Manager shall be as described in a City Manager employment agreement to be approved by resolution of the City Council. SECTION 17. EMERGENCY CALL-OUT MILEAGE REIMBURSEMENT. For a Department Head or Management Employee that does not receive a car allowance, the City will reimburse for private vehicle use round trip mileage for the home to work site and the return work site to home trip, not to exceed a total of 60 miles for the round trip, for an emergency call-out that occurs outside of the regular work schedule. An emergency call-out shall not include reporting to work as a result of activation of the City’s Emergency Operations Center. In addition, this reimbursement shall not apply to a pre-planned work assignment outside of the regular work schedule, for which the home to work site and return trip would not be reimbursed, except as permitted by City Council policy. This reimbursement shall be limited to four (4) times per month. The mileage expense reimbursement for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service, and as verified by the Finance Director annually. The City Manager may terminate this reimbursement at any time with 30 days’ notice to affected employees. SECTION 18. REQUIREMENTS FOR BENEFIT REIMBURSEMENT FOR CONVICTION OF A CRIME INVOLVING AN ABUSE OF OFFICE OR POSITION. On or after January 1, 2012, any contract of employment executed or renewed between a Department Head or Management Employee and the City shall include the language required by Government Code Sections 53243 – 53243.4, providing that the employee fully reimburse the City for certain payments in the event that the employee is convicted of a crime involving the abuse of his or her office or position (which as of the effective date of this resolution would require full reimbursement for paid leave salary offered by the City to an employee pending an investigation, for payment of the legal criminal defense of an employee, and for cash settlement related to the termination of employment). On or after January 1, 2012, in the absence of a contractual obligation for any of the applicable payments described in Government Code Sections 53243 – 252 Resolution No. 2019-____ Page 27 53243.4, a Department Head or Management Employee receiving any payments provided for those purposes shall be required to fully reimburse the City in the event that the employee is convicted of a crime involving the abuse of his or her office or position, consistent with Government Code Section 53243.3. SECTION 19. RESCIND PRIOR RESOLUTION AND IMPLEMENTATION. Resolution No. 2019-3816 shall be rescinded, and this resolution shall become effective upon adoption. SECTION 20. CERTIFICATION. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of November, 2019. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 253