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HomeMy WebLinkAboutRES CC 2004 2161 2004 0121RESOLUTION NO. 2004 -2161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A REVISED BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES AND RESCINDING RESOLUTION NO. 2002 -1951 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. 2002 -1951 adopted on March 6, 2002, previously established a benefit program for management employees and is now proposed to be rescinded and a revised benefit program adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. When used in this Resolution, the term "Department Head" shall include the classification positions of Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, City Engineer, Community Development Director, Community Services Director, Deputy City Manager, and 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. When used in this Resolution, the term "Management Employee" shall include the classification positions of Accountant I and II, Assistant City Clerk, Administrative Services Manager, Budget and Finance Manager, Finance /Accounting Manager, Information Systems Manager, Information Systems Supervisor, Management Analyst, Planning Manager, Principal Planner, Public Works Supervisor, Recreation Manager, Redevelopment Manager, Senior Management Analyst, and such other classifications as the City Council may from time to time designate by resolution as being management positions. Resolution No. 2004 -2161 Page 2 SECTION 3. The Department Heads and the Management Employees of the City shall be entitled to the following Administrative Leave benefits: Department Heads shall be granted administrative leave at the rate of ninety -six (96) hours per fiscal year, accrued at the rate of 3.69 hours per pay period. On June 1 of each year following completion of one full year of service, the Department Head may, at his /her option, convert forty (40) hours of the annual administrative leave to cash, if a rating of "commendable" or higher was received on the most recent performance evaluation in the fiscal year. The amount of administrative leave earned and the amount that may be converted to cash will be prorated if service is less than a year. Any unused administrative leave balance at the end of a fiscal year may be extended for a period of up to four (4) months by the City Manager, or the Department Head may convert the unused balance to vacation leave if the Department Head has used at least forty (40) hours of paid leave time in the prior fiscal year. This last requirement may be waived in writing by the City Manager in recognition of extenuating circumstances. Management Employees shall be granted administrative leave at the rate of forty -eight (48) hours per fiscal year, accrued at the rate of 1.85 hours per pay period. The amount of administrative leave earned will be prorated if service is less than one year. On June 1 of each year, following completion of one full year of service, the Management Employee shall be granted up to an additional twenty -four (24) hours of administrative leave based on the most recent performance evaluation by his /her Department Head if he /she received a rating of "commendable" or higher and the employee's Department Head has indicated that the employee has spent an inordinate amount of additional work hours in performance of service to the City. If additional administrative leave is granted in June, the Management Employee may convert up to sixteen (16) hours of the unused balance of the additional administrative leave to vacation leave, if the conversion of administrative leave to vacation leave will not result in exceeding the maximum vacation accrual described in Section 4. SECTION 4. The Department Heads and the Management Employees of the City shall be entitled to the following Vacation Leave benefits: Department Heads shall accrue vacation leave with pay as described herein. In the event a Department Head was employed by another public agency (city, county, or special district) at Resolution No. 2004 -2161 Page 3 the time or within one year of his /her appointment with the City, the Department Head shall accrue vacation at the same rate he /she was accruing at the time he /she left that prior position, not to exceed the equivalent of 6.1538 hours per pay period (equivalent to 20 eight -hour days per year) , but in no event less than 4.6154 hours per pay period (equivalent to 15 eight - hour days per year) . He /she will continue to accrue annual vacation 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 as follows: 1 to 60 Months - 4.6154 hours per pay period (equivalent to 15 eight -hour days per year); 61 to 72 Months - 4.9231 hours per pay period (equivalent to 16 eight -hour days per year); 73 to 84 Months - 5.2308 hours per pay period (equivalent to 17 eight -hour days per year); 85 to 96 Months - 5.5385 hours per pay period (equivalent to 18 eight -hour days per year); 97 to 108 Months - 5.8462 hours per pay period (equivalent to 19 eight -hour days per year); 109 to 120 Months - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year); 121 to 132 Months - 6.4616 hours per pay period (equivalent to 21 eight -hour days per year); 133 and above Months - 6.7693 hours per pay period (equivalent to 22 eight -hour days per year, the maximum accrual rate). Department Heads may accrue up to a maximum of four hundred eighty (480) hours of vacation before accruals cease. The City Manager may approve a Department Head to accrue an additional one hundred twenty (120) hours of vacation leave based on City needs. Additional vacation accrual beyond 480 hours shall require the written approval of the City Manager. At any time during the period of January 1 through June 15 of each year, the Department Head may cash out up to eighty (80) hours of accumulated vacation leave, if the Department Head has taken ten (10) days of paid leave time within the prior twelve (12) month period. Resolution No. 2004 -2161 Page 4 The City Council may unilaterally restrict the cash out for any single fiscal year. In such case, the maximum vacation accrual 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 accrual for the Department Heads shall remain at the new maximum accrual rate. If the restriction is retroactively lifted, the maximum accrual shall revert to the four hundred eighty (480) hour maximum. 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 accrual shall be reduced only by that amount of time for which the restriction is lifted. Management Employees shall accrue vacation leave as described herein. 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 shall accrue vacation at the rate he /she was accruing at the time he /she left that prior position, not to exceed the equivalent of 4.6154 hours per pay period (equivalent to 15 eight -hour days per year), but in no event less than 3.6923 hours per pay period (equivalent to 12 eight -hour days per year). He /she will continue to accrue annual vacation 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 as follows: 1 to 60 Months - 3.6923 hours per pay period (equivalent to 12 eight -hour days per year); 61 to 72 Months - 4.9231 hours per pay period (equivalent to 16 eight -hour days per year); 73 to 84 Months - 5.2308 hours per pay period (equivalent to 17 eight -hour days per year); 85 to 96 Months - 5.5385 hours per pay period (equivalent to 18 eight -hour days per year); 97 to 108 Months - 5.8462 hours per pay period (equivalent to 19 eight -hour days per year); 109 and above Months - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year, the maximum accrual rate). Resolution No. 2004 -2161 Page 5 Management Employees may accrue up to a maximum of three hundred sixty (360) hours of vacation before accruals cease. The City Manager may permit a Management Employee to accrue an additional eighty (80) hours of vacation leave based on City needs. Additional vacation accrual beyond 360 hours shall not be permitted unless written approval is received from the City Manager. SECTION 5. The. Department Heads and the Management Employees of the City shall be entitled to the following Sick Leave benefits: Department Heads shall accrue sick leave in accordance with the program approved by the City Council for Competitive Service employees, and shall be subject to such other rules and regulations pertaining to sick leave use and accrual as approved for Competitive Service employees. Management Employees shall accrue sick leave in accordance with the program approved by the City Council for Competitive Service employees, and shall be subject to such other rules and regulations pertaining to sick leave use and accrual as approved for Competitive Service employees. SECTION 6. The Department Heads and the Management Employees of the City shall be entitled to the following Salary Adjustment benefits: Department Heads shall be subject to the Salary Plan adopted by the City Council resolution for Competitive Service and Non - Competitive Service employees. Department Heads shall be eligible for the same "cost of living" adjustments 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 adjustments above those granted to the Competitive Service employees. Management Employees shall be subject to the Salary Plan adopted by the City Council resolution for Competitive Service and Non - Competitive Service employees. Management Employees shall be eligible for the same "cost of living" adjustments 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 Management Employees adjustments above those granted to the Competitive Service employees. Resolution No. 2004 -2161 Page 6 SECTION 7. The City Manager, Department Heads and the Management Employees of the City shall be entitled to the following Medical Program benefits: The City Manager and Department Heads 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, except that the City shall pay one hundred percent (1000) of the cost for employee and family coverage premiums. Any Department Head who does not subscribe to dependent coverages for medical, vision, and dental plans, shall be paid one -half of the premium cost for dependent coverage waived at the employee - plus -one dependent rate, calculated using the cost of the plan the employee is enrolled in for his /her own coverage. The in -lieu payment shall not exceed a total of $175.00 per month. Department Heads shall be provided term life insurance policies at one hundred thousand dollar ($100,000) face value. Life insurance coverage for dependents shall be the same as that provided for Competitive Service employees. After completion of the first year of service with the City, Department Heads are eligible for a City -paid comprehensive physical examination every two (2) years, with a maximum, cumulative City contribution of seven hundred and fifty dollars ($750.00) for each pre- approved comprehensive physical examination, as a supplement for costs not covered or funded by medical insurance (including any specialized examinations, tests, and laboratory costs) . To be eligible for the benefit, the Department Head shall obtain the prior written approval of the City Manager. Those Department Heads and /or City Manager hired prior to April 1, 1986, that were exempted from payment of the Medicare portion of Social Security, shall have the option as of June 30, 2001, of either enrolling in the Medicare Program (if allowed by the Social Security Administration) with the City paying the employer's share of such costs, or the eligible employee may choose not to enroll in Medicare and the City shall pay the equivalent amount of the employer's share as deferred compensation. 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. Any Management Employee who does not subscribe to dependent coverages for medical, vision, and dental plans, shall be paid one -half of the premium cost for dependent coverage Resolution No. 2004 -2161 Page 7 waived at the employee - plus -one dependent rate, calculated using the cost of the plan the employee is enrolled in for his /her own coverage. The in -lieu payment shall not exceed a total of $175.00 per month. SECTION 8. The Department Heads and the Management Employees of the City shall be entitled to the following Separation benefits: 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 (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 conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony: 1 to 36 Months of service - 480 hours of paid severance 37 to 48 Months of service - 560 hours of paid severance 49 to 60 Months of service - 640 hours of paid severance 61 to 72 Months of service - 720 hours of paid severance 73 to 84 Months of service - 880 hours of paid severance 85 or more Months of service -960 hours of paid severance If employed as a Department Head with the City of Moorpark for five (5) or more cumulative years (leave of absence time shall be deducted) , the Department Head shall also be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance, in addition to his /her vacation leave and administrative leave balances, accumulated as of the effective date of the separation. The requirement to be employed as a Department Head for five (5) or more years to be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance accumulated as of the effective date of the separation, shall not apply to an employee appointed as a Department Head as of January 1998, who also had five (5) or more years of service with the City when appointed to a Department Head position. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. 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 severance pay provided for in this Section, but shall be eligible for the cash payment for sick leave, vacation leave and administrative leave as provided Resolution No. 2004 -2161 Page 8 for in this Section. In addition, in the case of Service Retirement, Department Heads shall be eligible to receive in cash payment fifty percent (50 %) of his /her sick leave balance accumulated as of the effective date of the separation, if employed with the City of Moorpark for sixteen (16) or more years. Management Employees shall be eligible to receive the following benefits if voluntarily or involuntarily separated from service with the City of Moorpark for any reason other than if separated from service due to conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony. If employed as a Management Employee with the City of Moorpark for eight (8) or more years, the Management Employee shall be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance, in addition to his /her vacation leave and administrative leave balances, accumulated as of the effective date of the separation. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. In addition, in the case of Service Retirement, Management Employees shall be eligible to receive in cash payment fifty percent (50 %) of his /her sick leave balance accumulated as of the effective date of the separation, if employed with the City of Moorpark for sixteen (16) or more years. SECTION 9. The Department Heads and the Management Employees of the City shall be entitled to the following Tuition Reimbursement benefits: Department Heads shall be eligible to receive tuition reimbursement for courses approved by the City Manager at the same rate as is approved by the City Council for Competitive Service employees. Management Employees shall be eligible to receive tuition reimbursement for courses approved by the City Manager at the same rate as is approved by the City Council for Competitive Service employees. SECTION 10. After completion of sixty (60) cumulative months of service, Department Heads and Management Employees shall be entitled to longevity pay benefits to be paid each pay period based on the gross base salary for that pay period, so long as the employee's performance evaluation is at least at a commendable level (7.0 or higher score) and the employee is not on unpaid leave. Longevity pay shall be calculated based on Resolution No. 2004 -2161 Page 9 cumulative months of service as follows (and leave of absence time shall be deducted): Department Heads 61 to 120 Months of service - one -half percent (.5 %) 121 to 180 Months of service - one percent (1 %) 181 to 240 Months of service - one and one -half percent (1.5 %) 241 or more Months of service - two percent (2 %) Management Employees 121 to 180 Months of service - one - half percent (.5 %) 181 to 240 Months of service - one percent (1 %) 241 or more Months of service - one and one -half percent (1.5 %) SECTION 11. Within the first 36 months of employment with the City, a Department Head may receive thirty (30) days of supplemental sick 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 only after exhaustion of all accumulated sick leave, administrative leave, vacation leave, and floating holiday leave and 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. A monthly car allowance shall be provided for the positions listed and for the amount listed as follows: Assistant City Manager $250.00 City Engineer $250.00 City Manager $415.00 Community Development Director $250.00 Community Services Director $250.00 Deputy City Manager $250.00 Public Works Director $250.00 The monthly car allowance shall be continued through any approved and paid leave of absence. Resolution No. 2004 -2161 Page 10 SECTION 13. The City Manager, Department Heads and Management Employees shall be entitled to the following deferred compensation payment: The City Manager, 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: City Manager - Three percent (3.0o) of gross base salary, Department Head positions - Two and one -half percent (2.50) of gross base salary, and Management Employees - Two percent (2.0o) of gross base salary. SECTION 14. The City Manager, Department Heads and Management Employees shall be entitled to the following Floating Holiday benefits: All Department Heads and Management Employees shall accrue eight (8) hours Floating Holiday Leave on January 1 and July 1 of each year. Department Heads and Management Employees utilizing their Floating Holiday Leave must use a full eight hours of Floating Holiday Leave at any one time. An employee may not accumulate Floating Holiday Leave in excess of the number of hours of Floating Holiday Leave he /she would accrue in a one - year period. When an employee's accumulated Floating Holiday Leave balance reaches the maximum, accrual of Floating Holiday Leave shall cease. The employee shall not accrue further Floating Holiday Leave until such time as the employee's accumulated Floating Holiday Leave balance again falls below the maximum on the next accrual date (January 1 and July 1). Department Heads and Management Employees must provide a minimum of 48 hours notice prior to requesting approval of Floating Holiday leave. The City reserves the right to approve or deny requested use of Floating Holiday Leave based upon the service needs of the City. Employees terminating their employment with the City shall be paid for accumulated Floating Holiday Leave based upon their then regular rate of pay. SECTION 15. A monthly cellular telephone (cell phone) allowance of $70.00 for the City Manager and $45.00 for each Department Head position shall be provided, 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 paging capabilities. In addition to the monthly allowance, the City shall reimburse the City Manager and Department Heads up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment for a new cell Resolution No. 2004 -2161 Page 11 phone that is in compliance with the established cell phone standards. City Manager approval is required prior to a Department Head receiving the monthly allowance and the cell phone acquisition reimbursement. The monthly cell phone allowance shall be continued through any approved and paid leave of absence. SECTION 16. In addition to applicable provisions of the Municipal Code, or other Council policy, the provisions of Sections 3, 4, 5, 6, 7, 9, 10, and 11 of this resolution pertaining to Department Heads and Sections 12, 13, 14, and 15 shall also apply to the position of City Manager, with the following exceptions: In Section 3, administrative leave shall be accrued at the rate of one hundred and twenty (120) hours per fiscal year, accrued at the rate of 4.62 hours per pay period. In Section 4, the accrual rate for 145 -156 Months (year 13) of City employment shall be 7.0770 hours per pay period (equivalent to 23 eight -hour days per year), the accrual rate for 157 to 168 Months (year 14) of City employment shall be 7.3847 hours per pay period (equivalent to 24 eight -hour days per year), the accrual rate for 169 to 180 Months (year 15) of City employment shall be 7.6923 hours per pay period (equivalent to 25 eight - hour days per year) , the accrual rate for 169 to 192 Months (year 16) of City employment shall be 8.0000 hours per pay period (equivalent to 26 eight -hour days per year), and the accrual rate for 193 to 204 Months (year 17) of City employment shall be 8.3077 hours per pay period (equivalent to 27 eight - hour days per year) ; the maximum accrual for vacation leave shall be seven hundred and twenty (720) hours; he /she may cash out up to one hundred twenty (120) hours of accumulated leave so long as he /she has taken ten (10) days of paid leave in the prior twelve (12) -month period; as long as at least two hundred forty (240) hours of vacation leave are accumulated, forty (40) hours of such accrual may be cashed out as deferred compensation in January of each year; and in Section 7, herein, the amount of the term life insurance policy shall be two hundred thousand dollars ($200,000) . In addition, if the City Manager has been employed with the City of Moorpark for five (5) or more years, he /she shall be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance accumulated as of the effective date of his /her voluntary or involuntary separation from City service or upon his /her death, and if employed for fifteen (15) or more years, he /she shall be eligible to receive in cash payment fifty percent (500) of his /her sick leave balance accumulated as of the effective date of his /her voluntary or involuntary separation from City service or upon his /her death. Resolution No. 2004 -2161 Page 12 SECTION 17. Resolution No. 2002 -1951 is hereby rescinded, and the implementation of this new resolution for payroll purposes, shall be applicable to first complete payroll period following adoption of this resolution. SECTION 18. The City Clerk shall certify to the adoption of this resolution and shall re e a tified resolution to be filed in the book of original olutions _x PASSED AND ADOPTED thig'21st day of/January, 4 ck Hunter/,Gor ATTEST: yr Deborah S. Traffenst4M, City Clerk Resolution No. 2004 -2161 Page 13 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2004 -2161 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of January, 2004, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Parvin WITNESS my hand and the official seal of said City this day of 2nd of February, 2004. Deborah S. Traffenstedt, City Clerk (seal)