HomeMy WebLinkAboutAGENDA REPORT 2021 0707 CCSA REG ITEM 09ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 7, 2021
ACTION THE MAYOR MADE AN ORAL
SUMMARY REPORT. ADOPTED
RESOLUTION NO. 2021-4024,
RESCINDING RESOLUTION NO. 2020-
3978. (ROLL CALL VOTE: UNANIMOUS).
BY B. Garza.
E. Consider Resolution Adopting a Revised Management Benefits Program Adding
an Economic Development Manager Position, Revising the Job Title of Senior
Information Systems Analyst, Adding an Additional 20 Hours of Administrative
Leave Time, Deleting the City Manager’s Authority to Grant 24 Hours of
Administrative Leave Based on Performance, Adding an Additional 40 Hours of
Cash Out of Annual Leave Time, Adding a Car Allowance for the New Position of
Economic Development Manager, and Rescinding Resolution No. 2020-3978. Staff
Recommendation: 1) Adopt Resolution No. 2021-4024, Rescinding Resolution No.
2020-3978. (ROLL CALL VOTE REQUIRED) (Staff: PJ Gagajena, Assistant City
Manager)
Item: 9.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, Assistant City Manager
DATE: 07/07/2021 Regular Meeting
SUBJECT: Consider Resolution Adopting a Revised Management Benefits
Program Adding an Economic Development Manager Position, Revising
the Job Title of Senior Information Systems Analyst, Adding an
Additional 20 Hours of Administrative Leave Time, Deleting the City
Manager’s Authority to Grant 24 Hours of Administrative Leave Based
on Performance, Adding an Additional 40 Hours of Cash Out of
Annual Leave Time, Adding a Car Allowance for the New Position of
Economic Development Manager, and Rescinding Resolution No.
2020-3978
BACKGROUND AND DISCUSSION
The City’s Management Benefits Resolution is proposed to be updated to add two new job
classifications, revise a job title, and update leave benefits. The following are the proposed
revisions, including changes requiring reporting pursuant to Section 54953(c)(3) of the
Government Code.
•SECTION 2. MANAGEMENT EMPLOYEE DEFINITION. One new Management
Employee position, Economic Development Manager, is proposed to be added.
This position has been approved for funding in Fiscal Year 2021/22, and meets the
City Council’s Goals to allocate resources to hire an economic development position
to manage and implement the City’s economic development efforts. The job title of
“Senior Information Systems Analyst” is being revised to “Senior Information
Systems Administrator” to more accurately reflect the higher-level job functions of
the position and distinguish it from the lower level Information Systems Administrator
position. The Senior Information Systems Analyst position is an existing position, it
is not new and is currently occupied. There are no adjustments to the salary range.
•SECTION 3. ADMINISTRATIVE LEAVE. Administrative Leave benefits are
proposed to increase by an additional 20 hours. This would increase Administrative
Leave from 96 to 116 hours per year for Department Heads, from 48 to 68 hours per
year for Management Employees at salary range 67 or higher, and from 24 to 44
Item: 9.E.
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hours per year for Management Employees at a salary range lower than range 67.
The additional 20 hours is consistent with the additional hours of leave granted to
Competitive Service employees effective July 1, 2021. The only difference is the
increase of leave for Department Heads and Management Employees is for
Administrative Leave rather than Annual Leave. Administrative Leave must be
taken by the end of the calendar year and only a certain number of hours may be
carried over to the new calendar year, otherwise it is lost. This increase of 20
additional hours helps to address the leave hours being lost by employees who are
near or at the limit of their maximum accrual and are not able to take time off due to
operational needs and staff coverage requirements, and because health and safety
protocols during the COVID-19 pandemic limited their opportunities to take leave.
Due to this adjustment of Administrative Leave benefits, the provision to allow
Management Employees to qualify for up to an additional 24 hours of Administrative
Leave based on work performance and extra hours performed by the employee will
be removed.
•SECTION 4. ANNUAL LEAVE. The cash-out of Annual Leave is proposed to be
extended to Fiscal Years 2021/22 and 2022/23, and the amount of cash-out hours
increased from 40 to 80 hours. Extending this benefit is consistent with the benefits
extended for Competitive Service employees. The increase in cash-out hours offers
Department Heads and Management Employees the ability to reduce the amount of
their accumulated Annual Leave balance and remain below the maximum limit.
Allowing employees to cash out their Annual Leave now also presents a cost-
savings to the City when comparing its net present value with future value when
base salaries are expected to increase.
•SECTION 12. CAR ALLOWANCE. A monthly car allowance of $150.00 is proposed
for the new position of Economic Development Manager, which is included as part
of the position’s benefits in the Fiscal Year 2021/22 budget.
GOVERNMENT CODE SECTION 54953(c)(3) ANNOUNCEMENT
Consistent with Section 54953(c)(3) of the Government Code, the Mayor, Mayor Pro
Tempore, or other presiding officer shall 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. Department Heads and Management 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), therefore an oral report is required.
The City’s Management Benefits Resolution is proposed to be amended to increase
Administrative Leave benefits by an additional 20 hours and increase the cash-out benefits
of Annual Leave by an additional 40 hours for Department Heads and Management
Employees, which will provide and an annual cash out of 80 hours. The new position of
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Economic Development Manager shall also receive a monthly car allowance of $150.00.
Department Heads and Management Employees are employed pursuant to employment
agreements that contain standard employment terms covering fringe benefits that include
medical, health, retirement, life insurance, leave time, and other benefits as provided in this
updated Management Benefits Resolution.
FISCAL IMPACT
There is no fiscal impact in increasing Administrative Leave by 20 hours for Department
Heads and Management Employees since Administrative Leave is paid at the regular rate
of pay, which is funded for all budgeted positions. There is an estimated fiscal impact of
approximately $311,674.76 for cashing out up to 80 hours of Annual Leave based on the
number of Department Heads and Management Employees that have exercised this
benefit in prior years. There are sufficient funds in the budget to cover these costs. The
monthly car allowance of $150.00 for the new position of Economic Development Manager
is budgeted for Fiscal Year 2021/22.
COUNCIL GOAL COMPLIANCE
Part of this action is consistent with City Council Strategy 3 - Economic Development; Goal
3 - Place an Emphasis on Economic Development with a Focus on Historic High Street to
Enhance a Destination and Sense of Community; and Objective 4 - Allocate resources to
hire economic development position (3.3.4) by adding the position of Economic
Development Manager along with a monthly car allowance in the Management Benefits
Resolution. The other remaining actions do not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Prior to a motion to adopt the Resolution approving the proposed revisions to the
Management Benefits Resolution, the Mayor shall make an oral summary report for
compliance with Section 54953(c)(3) of the Government Code as follows: “Staff is
recommending the City Council approve the proposed revisions to the Management
Benefits Resolution to increase Administrative Leave benefits by an additional 20 hours
and increase the cash-out benefits of Annual Leave by an additional 40 hours for
Department Heads and Management Employees. The new position of Economic
Development Manager shall also receive a monthly car allowance of $150.00. Department
Heads and Management Employees are employed pursuant to employment agreements
that contain standard employment terms covering fringe benefits that include medical,
health, retirement, life insurance, leave time, and other benefits as provided in this updated
Management Benefits Resolution.”
Adopt Resolution No. 2021-____, rescinding Resolution No. 2020-3978.
Attachment: Draft Resolution No. 2021-____ revising Management Benefits Resolution
287
RESOLUTION NO. 2020-39782021-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING A REVISED
BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES
AND RESCINDING RESOLUTION NO. 2020-39683978
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. 2020-3968 3978 adopted on November 4December
16, 2020, previously established a revised benefit program for management employees
and is now proposed to be rescinded and a revised program be adopted to allow a
Department Head or Management Employee to carry over any unused, accumulated
Administrative Leave to the new calendar year if the use of Administrative Leave has
been delayed due to unusual or emergency conditionsadd the positions of Economic
Development Manager; update the job title of Senior Information Systems Analyst to
Senior Information Systems Administrator; increase Administrative Leave by an
additional twenty (20) hours and eliminate the additional twenty-four (24) hours of
Administrative Leave benefit for managers; increase the one-time cash out benefit of
Annual Leave to eighty (80) hours; and add the Economic Development Manager to the
list of positions eligible for a monthly car allowance.
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,
City Engineer, Community Services Manager, Deputy Community Development
ATTACHMENT
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Director, Deputy Finance Director, Economic Development and Housing Manager,
Economic Development and Planning Manager, Economic Development Manager,
Finance/Accounting Manager, Human Resources Analyst, Human Resources Manager,
Information Systems Manager, Information Systems Administrator, Landscape/Parks
Maintenance Superintendent, Management Analyst, Parks and Facilities Supervisor,
Parks and Landscape Manager, Planning Manager, Principal Planner, Program
Manager, Public Works Manager, Public Works Superintendent/Inspector, Public Works
Supervisor, Recreation Services Manager, Recreation Supervisor, Senior Civil
Engineer, Senior Housing Analyst, Senior Human Resources Analyst, Senior
Information Systems AnalystAdministrator, 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 3.704.46 hours per pay period (approximately 96 116 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. 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 or during unusual or emergency conditions. 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.
During unusual or emergency conditions where the use of Administrative Leave has
been delayed, a Department Head will be eligible to carry over any unused,
accumulated Administrative Leave exceeding sixteen (16) hours to the new calendar
year.
Management Employees: Management Employees at salary range 67 or higher shall
be granted Administrative Leave at the rate of 1.852.62 hours per pay period
(approximately 48 68 hours per year). Management Employees at a salary range lower
than range 67 shall be granted Administrative Leave at the rate of .93 1.70 hours per
pay period (approximately 24 44 hours per year). The City Manager may approve the
Recreation Supervisor position at Range 62 to receive Administrative Leave at the rate
of 1.852.62 hours per pay period (approximately 48 68 hours per year), if the
Recreation/Community Services Manager position is vacant and there is no Recreation
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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. 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 or during unusual or emergency conditions. 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 paid for accumulated Administrative
Leave as of their termination of employment date based upon their then regular rate of
pay.
During unusual or emergency conditions where the use of Administrative Leave has
been delayed, a Management Employee will be eligible to carry over any unused,
accumulated Administrative Leave exceeding eight (8) hours to the new calendar year.
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. Department Heads and Management
Employees shall accrue Annual Leave in accordance with the accrual rates given in this
Section. 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
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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
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);
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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 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.
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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.
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 Years 2020/212021/22 and 2022/23, a Department Head will also be eligible
for a one-time cash out of up to forty eighty (4080) hours of Annual Leave for the first
pay period beginning in November 2020 or first pay period beginning in March 2021,
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);
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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
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 Years 2020/212021/22 and 2022/23, a Management Employee will also be
eligible for a one-time cash out of up to forty eighty (4080) hours of Annual Leave for
either the first pay period beginning in November 2020 or first pay period beginning in
March 2021, and provided that the requesting Management Employee’s accumulated
Annual Leave balance is not less than sixty (60) hours before cash out.
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
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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 and, 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.
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:
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A. Dental and Vision Insurance
During Fiscal Year 2020/21, 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 2020/21, 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
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
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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.
2.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:
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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:
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.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
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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
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.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
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
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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
85 to 96 Months of service – 13 weeks of paid severance
97 or more Months of service – 14 weeks of paid severance
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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.
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
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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
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):
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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
Parks and Recreation Director $310.00
Public Works Director $310.00
Assistant City Engineer $200.00
City Engineer $200.00
Parks and Landscape Manager $200.00
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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
Economic Development Manager $150.00
Information Systems Manager $150.00
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.
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 may elect, with the concurrence of the City
Manager and consistent with Section 4 of this Resolution, to have the Annual
Leave cash-out, as described in this Resolution, deposited to his/her 457 or 401A
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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
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
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cell phone electronic communication records that may be requested by City, in full
compliance with the Public Records Act. A Department Head or designated
Management Employee who chooses to use a City-issued cell phone shall waive the
monthly cell phone allowance.
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 either paid
in full or through an installment plan, and is in compliance with the City Manager’s
established cell phone standards. Cell phone purchases made through an installment
plan must show a total cost of $325.00 over a two-year period to qualify for full
reimbursement. A Department Head or designated Management Employee who
chooses to use a City-issued cell phone shall waive the reimbursement benefit.
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 Finance Director 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
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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
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City might adopt as to disability which would be caused from, or arising
out of, the outside employment for which the request is made. The
employee shall also waive any rights to Worker's Compensation benefits
or City paid 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
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any of the applicable payments described in Government Code Sections 53243 –
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. 2020-3968 3978 shall be rescinded, and this resolution shall become
effective for the pay period beginning December 19, 2020July 5, 2021.
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 16th 7th day of DecemberJuly, 20202021.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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