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HomeMy WebLinkAboutRES CC 2023 4202 2023 0906 RESOLUTION NO. 2023-4202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A REVISED MANAGEMENT BENEFITS PROGRAM REMOVING REFERENCES TO CERTAIN DATES, UPDATING MEDICAL INSURANCE INFORMATION, AND UPDATING JOB TITLES, AND RESCINDING RESOLUTION NO. 2023- 4170 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. 2023-4170 adopted on April 19, 2023, previously established a revised benefit program for management employees and is now proposed to be rescinded and a revised program be adopted to remove references to certain dates, update medical insurance information, and update job titles. 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; Finance/Administrative Services 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 Director, Deputy Finance Director, Deputy Parks and Recreation 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, Resolution No. 2023-4202 Page 2 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 Administrator, 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 4.46 hours per pay period (approximately 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 2.62 hours per pay period (approximately 68 hours per year). Management Employees at a salary range lower than range 67 shall be granted Administrative Leave at the rate of 1.70 hours per pay period (approximately 44 hours per year). The City Manager may approve the Recreation Supervisor position at Range 62 to receive Administrative Leave at the rate of 2.62 hours per pay period (approximately 68 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. Any accumulated Administrative Leave exceeding eight (8) hours at the end of a calendar year will not be Resolution No. 2023-4202 Page 3 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. 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 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 Resolution No. 2023-4202 Page 4 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); 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 Resolution No. 2023-4202 Page 5 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. 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. Resolution No. 2023-4202 Page 6 A Department Head will also be eligible for a one-time cash out of up to eighty (80) hours of Annual Leave for the first pay period beginning in November or first pay period beginning in March, and provided that sufficient funding is available in any particular fiscal year per the City Manager's determination and 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 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- Resolution No. 2023-4202 Page 7 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. A Management Employee will also be eligible for a one-time cash out of up to eighty (80) hours of Annual Leave for either the first pay period beginning in November or first pay period beginning in March, and provided that sufficient funding is available in any particular fiscal year per the City Manager's determination and 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 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 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: Resolution No. 2023-4202 Page 8 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: A. Dental and Vision Insurance The 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 provided that sufficient funding is available in any particular fiscal year per the City Manager's determination. 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, 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: Resolution No. 2023-4202 Page 9 1. Medical Insurance Cafeteria Plan 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 Platinum insurance Preferred Provider Organization (PPO) plan family rate, and such contribution shall be inclusive of the minimum CaIPERS 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 CaIPERS 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. 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 Resolution No. 2023-4202 Page 10 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: 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 Resolution No. 2023-4202 Page 11 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 CaIPERS 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 submittal of a California Public Employees Retirement System (CaIPERS) 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. Resolution No. 2023-4202 Page 12 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 California Public Employees Retirement System (CaIPERS) 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 Resolution No. 2023-4202 Page 13 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 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 (CaIPERS) 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, Resolution No. 2023-4202 Page 14 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 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 (CaIPERS) 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. Resolution No. 2023-4202 Page 15 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): 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 Resolution No. 2023-4202 Page 16 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 Finance/Administrative Services 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 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. Resolution No. 2023-4202 Page 17 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 deferred compensation plan(s), so long as the maximum contribution for the year is not exceeded. B. CaIPERS Retirement. Classic Member Benefit. For Department Head and Management Employees defined by the California Public Employees Retirement System (CaIPERS) as a "Classic Member", the City shall pay the employee CaIPERS 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 CaIPERS: Section 20938 — The provisions of Section 20938 apply to limit prior service to members employed on CaIPERS contract date. Section 21354 - Local Miscellaneous Member 2 percent (2%) at age 55 CaIPERS 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. Resolution No. 2023-4202 Page 18 The City shall report the value of Employer Paid Member Contributions (EPMC) to CaIPERS 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 CaIPERS 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 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/Administrative Services 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 Resolution No. 2023-4202 Page 19 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 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, Resolution No. 2023-4202 Page 20 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 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. 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- Resolution No. 2023-4202 Page 21 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/Administrative Services 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 — 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. 2023-4170 shall be rescinded, and this resolution shall become effective for the pay period beginning July 1 , 2023. 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 September, 2023. c<, ii" -r 4.11 Chris R. Enegr•n, ayor ATTEST: �O�pAi4 k 0. Ky Spa ler, City rk i �` b b 4- 0q j L}L Resolution No. 2023-4202 Page 22 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2023-4202 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of September, 2023, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Delgado, Groff, Means, and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 7th day of September, 2023. le67CCI Ky SpanglOr, ity CI (seal) P 494Mrdia 414 Q I I I I I 1111 Opt'?