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HomeMy WebLinkAboutAGENDA REPORT 2014 0702 CCSA REG ITEM 10UITEM 10.U. TO: Honorable City Council FROM: Deborah S. Traffenstedt, Deputy City Manager ` DATE: June 26, 2014 (CC Meeting of 7/2/14) SUBJECT: Consider Resolution Adopting a Revised Management Benefits Program and Rescinding Resolution No. 2013-3211 BACKGROUND AND DISCUSSION The Management Benefits Resolution is proposed to be updated as shown with legislative format in the attached draft resolution and as summarized below. Section 2 (Management Employee Definition) was revised to add the new Economic Development and Housing Manager title and delete the Redevelopment Manager position title. Section 4 (Annual Leave, Vacation Leave, and Sick Leave) was updated on pages 5, 6, 7, and 8 to again provide for a cash out of up to 20 hours of Annual Leave or Vacation Leave for the current fiscal year (consistent with the proposed Memorandum of Understanding with SEW Local 721 Union for Competitive Service Employees, a separate item on the July 2nd City Council agenda). Section 13 (CaIPERS Retirement) was revised to better reflect the changes from the Public Employees Pension Reform Act adopted in 2012. Section 16 (City Manager) was revised to delete the additional administrative leave and annual or vacation leave accrual (combined deletion of 64 hours) and to delete the additional cash -out provision (totaling 40 hours), that was previously provided for the City Manager position in lieu of a salary increase. The revised language would provide a City Manager the same leave accrual and cash -out benefits as are currently provided to Department Heads. The deletion of the additional leave accrual is offset by the revision of the City Manager salary range from 99 to 100, as reflected in the new Salary Plan, which is a separate agenda item for the July 2 meeting. New language was added in Section 16 of the Management Benefits Resolution to also provide for a longevity pay benefit of 3.5% for a City Manager with 361 or more months of service. The current maximum longevity pay for a Department Head or City Manager is 3.0% for 301 or more months of service. The 525 Honorable City Council July 2, 2014, Regular Meeting Page 2 reduction of a total of 64 hours of leave accrual is equivalent to the combined 3.0 % increase in compensation (consisting of a 2.5% salary range increase and .5% longevity pay increase). FISCAL IMPACT A 1.0% cost -of -living salary increase would be provided to all employees covered by the Management Benefits resolution for consistency with the new MOU for Competitive Service employees. The estimated cost for the 2014-15 Fiscal Year salary and benefit changes for all City employees is $62,000 for all affected funds, as also identified at the time of the 2014-15 Fiscal Year Budget adoption, and as referenced in the agenda report for adoption of an updated Salary Plan (also scheduled for the July 2 City Council agenda). Consistent with the referenced new MOU, the revised Management Benefits Resolution permits a one- time cash -out of up to 20 hours of Annual Leave or Vacation Leave for employees with a specified balance of accumulated leave. Due to the leave balance requirements, not all employees will be eligible for this benefit. The cash out will increase salary costs for this fiscal year; however, accumulated leave balances will be reduced. The reduction of leave accrual for the City Manager position is intended to offset a salary range change and additional longevity pay. STAFF RECOMMENDATION Adopt Resolution No. 2014- , rescinding Resolution No. 2013-3211. Attachment: Draft Resolution 526 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A REVISED BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES AND RESCINDING RESOLUTION NO. 2013-3211 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. 2013-3211 adopted on July 17, 2013, previously established a revised benefit program for management employees and is now proposed to be rescinded and a revised benefit program adopted to modify benefit language in Sections 2, 4, 13, and 16. 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 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 City Manager, Administrative Services Manager, Associate Civil Engineer, Budget and Finance Manager, City Clerk, Code Compliance Supervisor, Economic Development and Housing Manager, Finance/Accounting Manager, Human Resources Analyst, Information Systems Manager, Information Systems Analyst, Landscape/Parks Maintenance Superintendent, Management Analyst, Parks and Facilities Supervisor, Parks and Landscape Manager, Planning Manager, Principal Planner, Public Works Superintendent/Inspector, Public Works Supervisor, Recreation/Community Services Manager, Recreation Superintendent, Recreation Supervisor, Redevelopment Manager, Senior Civil Engineer, Senior Information Systems Analyst, Senior Management Analyst, and such 527 Resolution No. 2014 - Page 2 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 ninety-six (96) hours per year, accrued at the rate of 3.6923 hours per pay period. The amount of Administrative Leave earned will be prorated if service is less than one year. Administrative Leave must be taken by the end of the calendar year ending December 31. Any unused, accumulated Administrative Leave totaling sixteen (16) hours or less at the end of a calendar year will be automatically converted to Annual Leave or Vacation Leave (Vacation Leave is a grandfathered benefit as described in Section 4). Any accumulated Administrative Leave exceeding sixteen (16) hours at the end of a calendar year will not be carried over, and all Administrative Leave balances will be zero (0) at the beginning of each new calendar year. It is the responsibility of the Department Head to not permit the accumulated Administrative Leave exceeding sixteen (16) hours to remain after December 31 of any calendar year. Department Heads who terminate employment shall be paid for accumulated Administrative Leave as of their termination of employment date based upon their then regular rate of pay. Management Employees: Management Employees at salary range 67 or higher shall be granted Administrative Leave at the rate of forty-eight (48) hours per year, accrued at the rate of 1.8461 hours per pay period. Management Employees at a salary range lower than range 67 shall be granted Administrative Leave at the rate of twenty-four (24) hours per year, accrued at the rate of .9231 hours per pay period. The City Manager may approve the Recreation Supervisor position at Range 62 to receive Administrative Leave at the rate of forty-eight (48) hours per year, accrued at the rate of 1.8461 hours per pay period, if the Recreation/Community Services Manager position is vacant and there is no Recreation Superintendent. The amount of Administrative Leave earned will be prorated if service is less than one year. Administrative Leave must be taken by the end of the calendar year ending December 31. Any unused, accumulated Administrative Leave totaling eight (8) hours or less at the end of a calendar year will be automatically converted to Annual Leave or Vacation Leave. Any accumulated Administrative Leave exceeding eight (8) hours at the end of a calendar year will not be carried over, and all Administrative Leave balances will be zero (0) at the beginning of each new calendar year. 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. 528 Resolution No. 2014 - Page 3 During the month of January of each year, and following completion of one full year of Management service, a Management Employee may be approved by the City Manager to receive up to an additional twenty-four (24) hours of Administrative Leave if a rating of "commendable" or higher was received on his/her most recent performance evaluation and the employee's Department Head has submitted written verification to the City Manager that the employee has spent an inordinate amount of additional work hours in performance of service to the City during the prior calendar year. SECTION 4. ANNUAL LEAVE, VACATION LEAVE, AND SICK LEAVE. All new Department Heads and Management Employees will accrue Annual Leave versus separate Vacation and Sick Leave accruals. Department Heads and Management Employees that receive grandfathered Vacation and Sick Leave in lieu of Annual Leave will be subject to the Vacation and Sick Leave accrual provisions in this resolution. Annual Leave Department Heads and Management Employees shall accrue Annual Leave in accordance with the accrual rates given below, with the exception of those employees with a grandfathered Vacation Leave/Sick Leave benefit. The provisions for use of Annual Leave shall be consistent with Section 13.5 of the Personnel Rules for Competitive Service employees. 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. 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 — 7.6923 hours per pay period (equivalent to 25 eight-hour days per year); 61 to 72 Months — 8.0000 hours per pay period (equivalent to 26 eight-hour days per year); 73 to 84 Months — 8.3077 hours per pay period (equivalent to 27 eight-hour days per year); 529 Resolution No. 2014 - Page 4 85 to 96 Months — 8.6154 hours per pay period (equivalent to 28 eight-hour days per year); 97 to 108 Months — 8.9231 hours per pay period (equivalent to 29 eight-hour days per year),- 109 ear); 109 to 120 Months — 9.2308 hours per pay period (equivalent to 30 eight-hour days per year); 121 to 132 Months — 9.5385 hours per pay period (equivalent to 31 eight-hour days per year); 133 and above Months — 9.8462 hours per pay period (equivalent to 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 9.2308 hours per pay period (equivalent to 30 eight-hour days per year), but in no event less than 7.6923 hours per pay period (equivalent to 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. 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 an additional one hundred twenty (120) hours of Annual Leave based on City needs. 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. 530 Resolution No. 2014 - Page 5 The City Council may unilaterally restrict the lump -sum cash out for any single fiscal year. In such case, the maximum accumulated Annual Leave for the Department Heads shall be increased by the eighty (80) hours until such time as said restriction is lifted. Unless the restriction is retroactively lifted, the maximum accumulated Annual Leave for the Department Heads shall remain at the new maximum accumulated rate. If the restriction is retroactively lifted, the maximum accumulated balance shall revert to the maximum number of hours specified in this resolution. Should the Council impose a restriction for more than one consecutive year, and less than the full term of the restriction is lifted, the maximum accumulated leave balance shall be reduced only by that amount of time for which the restriction is lifted. In Fiscal Year 20134-145, a Department Head will also be eligible for a one-time cash out of up to twenty (20) hours of Annual Leave for either the first pay period beginning in September 20134 or first pay period beginning in March 20145, 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 — 6.7692 hours per pay period (equivalent to 22 eight-hour days per year); 61 to 72 Months — 8.0000 hours per pay period (equivalent to 26 eight-hour days per year); 73 to 84 Months — 8.3077 hours per pay period (equivalent to 27 eight-hour days per year); 85 to 96 Months — 8.6154 hours per pay period (equivalent to 28 eight-hour days per year); 97 to 108 Months — 8.9231 hours per pay period (equivalent to 29 eight-hour days per year); 109 to 120 Months — 9.2308 hours per pay period (equivalent to 30 eight-hour days per year); 121 to 132 Months — 9.5385 hours per pay period (equivalent to 31 eight-hour days per year); 133 and above Months — 9.8462 hours per pay period (equivalent to 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 531 Resolution No. 2014 - Page 6 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 7.6923 hours per pay period (equivalent to 25 eight-hour days per year), but in no event less than 6.7692 hours per pay period (equivalent to 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. 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 an additional eighty (80) hours of Annual Leave based on City needs. In Fiscal Year 20134-145, a Management Employee will also be eligible for a one-time cash out of up to twenty (20) hours of Annual Leave for either the first pay period beginning in September 20134 or first pay period beginning in March 20145, and provided that the requesting Management Employee's accumulated Annual Leave balance is not less than sixty (60) hours before cash out. Vacation Leave Department Heads: Eligible Department Heads with a grandfathered Vacation Leave benefit, based on a hire date with the City prior to 1989, shall accrue Vacation Leave with pay as follows: 8.0000 hours per pay period (equivalent to 26 eight-hour days per year, the maximum accrual rate). For eligible employees, Vacation Leave shall be accrued per pay period on a pro -rata basis, with the exception of any unpaid leave of absence time. The dates for using Vacation 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 vacation time, such holiday equivalent to eight hours shall not be charged as Vacation Leave. Employees who terminate employment shall be paid for accumulated Vacation Leave based upon 532 Resolution No. 2014 - Page 7 their then current rate of pay. The estate of a deceased employee shall be paid the amount of that person's accumulated Vacation Leave. Eligible Department Heads receiving Vacation Leave may accrue up to a maximum accumulated Vacation Leave balance of four hundred and sixty-four (464) hours of Vacation Leave. When a Department Head's accumulated Vacation Leave balance reaches the stated maximum number of hours, accrual of Vacation Leave shall cease. The City Manager may approve a Department Head to accrue an additional one hundred twenty (120) hours of Vacation Leave based on City needs. Additional Vacation Leave accrual beyond the stated maximum number of hours shall require the written approval of the City Manager. At any time during the period of January 1 through June 15 of each year, the Department Head with a grandfathered Vacation Leave benefit may cash out up to eighty (80) hours of accumulated Vacation Leave, if the Department Head has taken no less than fifteen (15) days of paid leave time within the prior twelve (12) -month period. The City Council may unilaterally restrict the cash out for any single fiscal year. In such case, the maximum accumulated Vacation Leave for the Department 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 leave for the Department Heads shall remain at the new maximum accumulated leave rate. If the restriction is retroactively lifted, the maximum accumulated leave shall revert to the maximum number of hours specified in this resolution. Should the Council impose a restriction for more than one consecutive year, and less than the full term of the restriction is lifted, the maximum accumulated leave shall be reduced only by that amount of time for which the restriction is lifted. In Fiscal Year 20134-145, a Department Head with a grandfathered Vacation Leave benefit will also be eligible for a one-time cash out of up to twenty (20) hours of Vacation Leave for either the first pay period beginning in September 20134 or first pay period beginning in March 20145, and provided that the requesting Department Head's accumulated Vacation Leave balance is not less than sixty (60) hours before cash out. Management Employees: Eligible Management Employees with a grandfathered Vacation Leave benefit, based on a hire date with the City prior to 1989, shall accrue Vacation Leave as follows: 7.3846 hours per pay period (equivalent to 24 eight-hour days per year, the maximum accrual rate). Eligible Management Employees may accrue up to a maximum of three hundred forty- four (344) hours of Vacation Leave 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 Leave accrual beyond 344 hours shall not be permitted unless written approval is received from the City Manager. 533 Resolution No. 2014 - Page 8 In Fiscal Year 20134-145, a Management Employee with a grandfathered Vacation Leave benefit will also be eligible for a one-time cash out of up to twenty (20) hours of Vacation Leave for either the first pay period beginning in September 20134 or first pay period beginning in March 20145, and provided that the requesting Management Employee's accumulated Vacation Leave balance is not less than sixty (60) hours before cash out. Sick 1 aavP Eligible Department Heads and Management Employees with a grandfathered Sick Leave benefit, based on a hire date with the City prior to 1989, shall accrue Sick Leave in accordance with the following provisions. A. Sick Leave Accrual. The Employee shall accrue Sick Leave at the rate of 3.0769 hours per pay period (equivalent to 10 eight-hour days per year). B. Allowable Uses. Use of Sick Leave shall be allowed only for the following reasons: 1. Illness and physical incapacity of the Employee due to non -work related illness, injury or temporary disability. 2. Enforced quarantine of the Employee in accordance with community health regulations. 3. Job-related injury or illness. 4. Appointments for health care for the Employee or immediate family as defined in items 5a.), 5b.), 5c.) and 5d.), to follow, provided that a note from the health care provider is provided to the City if requested and the supervisor or City Manager is informed of the intention to use Sick Leave for a medical appointment as soon as the appointment is scheduled. 5. Care of immediate family if a person is a member of the household or a dependent as follows: a) "Spouse" (Spouse means a legal spouse as defined by State law.) b) "Child" (Child means a biological, foster or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis, to age 26, or currently enrolled under the City's health insurance program, whichever is longer.) C) "Parent" (Parent means a biological, foster or adoptive parent, a stepparent, or a legal guardian.) 534 Resolution No. 2014 - Page 9 d) Other individual whose relationship to the employee is that of a dependent living in the same household as determined by the City Manager at his/her sole discretion. An employee must request a predetermination of such status and such information will be considered confidential to the extent permitted by law. The City Manager shall make his/her determination within thirty (30) calendar days after receiving the request in writing. 6. Care of non-dependent child or parent not living in same household and care of domestic partner or domestic partner's child. Under this section "domestic partner" means a legal domestic partner, as defined by State law (California Family Code Section 297), including the filing of a Declaration of Domestic Partnership with the Secretary of State. C. General Provisions 1. In order to receive compensation while absent on Sick Leave, the Employee shall notify his/her immediate supervisor or the person designated by the supervisor, Department Head, or City Manager of his/her illness or injury and location. Such notice shall at a minimum require: a) That the supervisor or the person designated by the supervisor, Department Head, or City Manager to receive such verbal notice is provided a telephone message prior to or within one hour after the time set for the Employee's work shift to begin; and b) That the Employee speak to the supervisor, or if not available speak to the person designated by the supervisor, 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. The Employee shall remain at home during the hours for which Sick Leave is to be charged, with the exception of the time an Employee needs to leave their residence for the purposes of a medical appointment, medical treatment, and/or related activities. Employees using Sick Leave would also be permitted to leave their residence for the purpose of providing transportation for their immediate family members (such as transportation to and from school or childcare). 2. The supervisor, Department Head, or City Manager may at his/her discretion require an Employee to submit a physician's written certificate, when the Employee has been absent on Sick Leave for more than three (3) consecutive regular work shifts. When in the judgment of the City Manager the Employee's reasons for being absent because of alleged 535 Resolution No. 2014 - Page 10 sickness are inadequate, the Employee will be required to use other accumulated Vacation or Administrative Leave for the absence. 3. An Employee who becomes ill or injured while on vacation may have the use of Sick Leave substituted for use of Vacation Leave, if a written request for substitution of Sick Leave is submitted and approved by the City Manager or his or her designee. The Employee may be required to submit a physician's written certificate as verification. 4. An Employee shall have the equivalent number of hours deducted from his/her accumulated Sick Leave time for each regularly scheduled work day that the Employee is on paid Sick Leave. In the event that an Employee becomes ill during working hours and is placed on paid Sick Leave prior to the close of the work day, such paid Sick Leave shall be calculated to the nearest one-quarter hour. 5. Observed holidays occurring during Sick Leave shall not be charged against an Employee's accumulated Sick Leave. 6. An Employee may be required to take physical examinations at periodic intervals while on Sick Leave from a physician designated and paid for by the City. 7. In the event that an Employee uses all the Sick Leave he/she has accumulated, he/she shall then have Vacation Leave or Administrative Leave he/she has accumulated deducted for each work day he/she is absent due to qualifying medical reason. Vacation Leave or Administrative Leave shall continue to be deducted until the Employee either returns to work or all accumulated Vacation Leave and Administrative Leave is used. The Employee may apply to receive a leave of absence without pay, if the Employee does not have any accumulated Vacation Leave, Sick Leave, or Administrative Leave. D. Sick Leave Approval 1. An Employee using more than twice his/her annual accrual of Sick Leave in less than 26 pay periods may be notified that a physician's certificate is to be provided to the supervisor with each absence due to illness or injury until his/her Sick Leave balance reaches forty (40) hours. This provision will not normally be invoked if the circumstances, which cause the Employee's Sick Leave use, included extended illness or recovery from surgery, and a physician's certificate was already provided. 2. Use of Sick Leave following notice of resignation shall in all cases require the Employee to provide a physician's certificate to verify need for the absence from work. 536 Resolution No. 2014 - Page 11 E. Conversion of Sick Leave So long as an Employee has at least 280 accumulated Sick Leave hours as of December 31 of any year, the Employee may choose to convert up to forty (40) hours of the accumulated Sick Leave to Vacation Leave. The Employee must submit his/her written declaration to convert up to forty (40) hours of accumulated Sick Leave to accumulated Vacation Leave to the City Manager between January 1 and January 31 following the qualifying annual conversion period ending December 31 of the prior year. Once the Sick Leave is converted to Vacation Leave, it shall be subject to the maximum accumulated Vacation Leave permitted by this resolution. 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. SECTION 6. SALARY. The Department Heads and the Management Employees of the City shall be entitled to the following Salary Adjustment benefits: Department Heads and Management Employees shall be subject to the Salary Plan adopted by the 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 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 adjustments 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 and minimum overall score required to obtain a merit raise, and 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 537 Resolution No. 2014 - Page 12 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. Salary range advancement shall not be automatic. 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 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. 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 a) Employed by City as Department Head Prior to July 1, 2010: The City shall continue a cafeteria plan (Section 125 Premium -Only Plan) for medical insurance. The City's contribution for each employee shall consist of a medical insurance allowance of up to a maximum of ninety percent (90%) of the average of the 2013 and 2014 PERS Care 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 the twenty-six (26) 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 leave or holiday pay in that final pay period. 538 Resolution No. 2014 - Page 13 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. Once the employee has selected an option for insurance coverage and/or in - lieu payment that would begin January 1 of the calendar year, he/she may not change his/her selected option until the next open enrollment date of the medical insurance plan, except as is permitted by law. All medical insurance costs that exceed the City's maximum allowance for the calendar year shall be paid by the employee through payroll deduction. b) Employed by City as Department Head after July 1, 2010: A Department Head employed by the City after July 1, 2010, shall be eligible to participate in the same medical programs as are made available to Competitive Service employees with the same contributions from . the City toward the program premiums as provided to Competitive Service employees. 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. 3. Grandfathered Medicare Exemption: 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 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. 539 Resolution No. 2014 - Page 14 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 13 to 24 Months of service 25 to 36 Months of service 37 to 48 Months of service 49 to 60 Months of service - 4 weeks of paid severance - 6 weeks of paid severance - 9 weeks of paid severance - 12 weeks of paid severance - 14 weeks of paid severance 540 Resolution No. 2014 - Page 15 L1 61 to 72 Months of service 73 to 84 Months of service 85 to 96 Months of service 16 weeks of paid severance - 18 weeks of paid severance - 22 weeks of paid severance 97 to 240 Mwths of service - 24 weeks of paid severance 241 or more Months of service - 25 weeks of paid severance 2. Sick Leave Accrual Benefit. Department Heads with a grandfathered Sick Leave accrual benefit shall be eligible for a cash payment for accumulated Sick Leave of seventy-five percent (75%) of his/her Sick Leave balance, accumulated as of the effective date of the involuntary separation. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. 3. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of involuntary separation after no less than fifteen (15) years (180 months) of cumulative service with the City of Moorpark, the City shall pay a retirement health savings benefit payment of $75.00 for each full month of service into the Department Head's 457 and/or 401(a) deferred compensation accounts 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) at the time of separation of employment. If the Department Head 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. 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. on the prior page. 541 Resolution No. 2014 - Page 16 2. Accumulated Sick Leave Benefit. Department Heads with a grandfathered Sick Leave accrual benefit shall be eligible for a cash payment for accumulated Sick Leave of seventy-five percent (75%) of his/her Sick Leave balance, accumulated as of the effective date of the voluntary separation. The cash payment for accumulated Sick Leave shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. 3. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of voluntary separation for retirement under the City's retirement system ("Service Retirement"), and after no less than ten (10) years (120 months) of cumulative service with the City of Moorpark, the City shall pay a retirement health savings benefit payment of $75.00 for each full month of service into the Department Head's 457 and/or 401(a) deferred compensation accounts, and 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). If the retiring Department Head 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: 37 to 48 Months of service — 4 weeks of paid severance 49 to 60 Months of service — 5 weeks of paid severance 542 Resolution No. 2014 - Page 17 61 to 72 Months of service — 6 weeks of paid severance 73 to 84 Months of service — 7 weeks of paid severance 85 to 96 Months of service — 8 weeks of paid severance 97 or more Months of service — 9 weeks of paid severance 2. Accumulated Sick Leave Benefit. Management Employees with a grandfathered Sick Leave accrual benefit shall be eligible for a cash payment for accumulated Sick Leave of fifty percent (50%) of his/her Sick Leave balance, accumulated as of the effective date of the involuntary separation. The cash payment for accumulated Sick Leave shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. 3. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of 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 and/or 401(a) deferred compensation accounts 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 and/or 401(a) deferred compensation account(s) at the time of separation of employment. If the Management Employee 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, Management Employees are not eligible for the Involuntary Separation without Cause paid severance for Management Employees described in Section 8.A.1., on the prior page. 543 Resolution No. 2014 - Page 18 2. Accumulated Sick Leave Benefit. A Management Employee with a grandfathered Sick Leave accrual benefit shall be eligible for a cash payment for accumulated Sick Leave of fifty percent (50%) of his/her Sick Leave balance, accumulated as of the effective date of the voluntary separation. The cash payment for accumulated Sick Leave shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. 3. Retirement Health Savings Benefit for Employees Hired Prior to January 1, 2014. In the case of voluntary separation for retirement under the City's retirement system ("Service Retirement"), and after no less than 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 and/or 401(a) deferred compensation account(s), 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). If the retiring Management Employee 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. Department Heads that have completed sixty (60) cumulative months of service and Management Employees that have completed one hundred twenty (120) cumulative months of service 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. Discontinuance of Longevity pay for an overall average score of less than commendable level will not occur until the next full pay period after an employee receives the completed 544 Resolution No. 2014 - Page 19 performance evaluation. Longevity pay shall be calculated based on cumulative months of service as follows (and unpaid leave of absence time shall be deducted): Department Heads: 61 to 120 Months of service — one percent (1.0%) 121 to 180 Months of service — one and, one-half percent (1.5%) 181 to 240 Months of service — two percent (2.0%) 241 to 300 Months of service — two and one-half percent (2.5%) 301 or more Months of service — three percent (3.0%) Management Employees: 121 to 180 Months of service — one percent (1.0%) 181 to 240 Months of service — one and one-half percent (1.5%) 241 to 300 Months of service — two percent (2.0%) 301 or more Months of service — two and one-half percent (2.5%) SECTION 11. SUPPLEMENTAL LEAVE. Within the first 36 months of employment with the City, a Department Head may receive thirty (30) days of supplemental leave, which may be used only for a catastrophic illness or injury to the employee. The leave provided by this Section shall have no cash value at the time of separation of service from the City. Use of this leave shall be at the City Manager's sole discretion and shall be used to supplement short-term disability insurance benefits, and only after exhaustion of all accumulated Administrative Leave and Annual Leave, until the Department Head is eligible for the City's long-term disability benefits or is terminated from City employment, whichever comes first. SECTION 12. CAR ALLOWANCE. A monthly car allowance shall be provided for the positions listed and for the amount listed as follows: Assistant City Manager $310.00 City Engineer/Public Works Director $310.00 City Manager $515.00 Community Development Director $310.00 Deputy City Manager $310.00 Parks and Recreation Director $310.00 Public Works Director $310.00 Assistant City Engineer $200.00 545 Resolution No. 2014 - Page 20 Parks and Landscape Manager $200.00 Planning Director $200.00 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. The monthly car allowance shall be continued through any approved and paid leave of absence. The monthly car allowance shall be discontinued or suspended for an unpaid leave of absence. SECTION 13. DEFERRED COMPENSATION AND RETIREMENT. A. Deferred Compensation. 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 (3.0%) of gross base salary, 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 or Vacation Leave may elect, with the concurrence of the City Manager and consistent with Section 4 of this Resolution, to have the Annual Leave or Vacation Leave cash -out, as described in this Resolution, deposited to his/her 457 or 401A deferred compensation plan(s), so long as the maximum contribution for the year is not exceeded. B. CalPERS Retirement. Classic Member Benefit. For Department Head and Management Employees defined by the shawe-enrelled-OR the State ef-Californials Public Employees Retirement System (CaIPERS) as a "Classic Member", the City, Which a_4 6RGWde- all ef- the G't�eetraGted- beeefit pFe�r+s. I aedthe -et rrent level-ef to januaFy 1, 2013 is as fallews-.- 546 Resolution No. 2014 - Page 21 The Git 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.-: Section 20938 — The provisions of Section 20938 apply to limit prior service to members employed on CalPERS contract date. 3. Section 21354 - Local Miscellaneous Member 2 percent (2%) at age 55 CalPERS retirement benefit. 4. Section 21548 - Optional Pre -Retirement Settlement 2 death benefit. 5` Section 21574 - Fourth Level of 1959 Survivor Benefits. 6-. 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), as GOdm �'�the ^r^ia Government Code sections 7522 — 7522.74, and anyas may be subsequently amendedm^nts there+ -n SECTION 14. CELLULAR TELEPHONE ALLOWANCE. A monthly cellular telephone (cell phone) allowance of $70.00 shall be provided for the City Manager and 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 paging capabilities. In addition to the monthly allowance, the City shall reimburse the City Manager, Department Heads, and designated Management Employees up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment for a new cell phone that is in compliance with the established cell phone standards. In lieu of receiving the $125.00 reimbursement for a standard cell phone, the City Manager, 547 Resolution No. 2014 - Page 22 Department Heads, and those Management Employees approved by the City Manager, may receive reimbursement up to a maximum of $325.00 for a smartphone that functions as a Personal Digital Assistant (PDA). Prior to the purchase of the smartphone, written approval must be received from the Information Systems Manager, to confirm that the smartphone software is compatible with Microsoft Outlook software. City Manager approval is required prior to an employee receiving the monthly allowance and prior to cell phone/smartphone acquisition to verify compliance with established standards. The monthly cell phone allowance shall be continued through any approved and paid leave of absence. The monthly cell phone allowance shall be discontinued or suspended for an unpaid leave of absence. 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 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; 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 Min IL-11 Resolution No. 2014 - Page 23 for property in the City or its Area of Interest while employed by the City of Moorpark unless written consent is obtained from the City Manager; C. The employee certifies that he/she will not provide any services whether for remuneration or not to any person or organization for any land use entitlement or public or private improvement to real property including civil and structural engineering services, or appear before any elected body or appointed commission, committee or board of a general purpose government (city or county) or special district located within the County of Ventura, on behalf of any person or entity except the City of Moorpark. D. The outside employment will not be demanding on the employee or carry over into his/her regular duties; E. The outside employment is such that no problem will arise as to the City's responsibility for injury incurred on the outside job; F. The outside employment will never be allowed to interfere with the policy that the employee is always readily accessible in case of emergencies; G. Employee would be required to notify the outside employer that he/she may need to return to his/her regular duties immediately upon call; H. The basis for approval by the City Manager is: 1. The employee is required to sign a waiver in regard to injuries occurring in outside employment. This waiver shall specifically waive any rights he/she would have against the City or any retirement system which the City might adopt as to disability which would be caused from, or arising out of, the outside employment for which the request is made. The employee shall also waive any rights to Worker's Compensation benefits or sick leave because of injury or sickness caused by, or arising out of, his/her outside employment. 2. An employee whose leave record indicates excessive absenteeism or excessive tardiness, as determined by the City Manager at his/her sole discretion, will not be allowed to continue outside employment. 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. In addition to applicable provisions of the Municipal Code, or other Council policy, the provisions of Sections 3, 4, 5, 6, 7, 8 9, Resolution No. 2014 - Page 24 and 10 of this resolution pertaining to Department Heads and Sections 12, 13, and 14 shall also apply to the position of City Manager, with the following exceptions: .. .. . FA 901filkw" r.9 . _ 1 , . _. •. r , WMIME1 / . or • I I . FA 901filkw" r.9 1 I . OF - 1 10— _ . 11 In Section 7, the amount of the City Manager reimbursement for a comprehensive physical examination shall be twelve hundred dollars ($1,200.00), and the amount of the City Manager term life insurance policy shall be two hundred fifty thousand dollars ($250,000). 550 Resolution No. 2014 - Page 25 In Section 8, Sections 8.A.1 and 8.13.1 do not apply to a City Manager. Severance Pay for a City Manager shall be consistent with the provisions of Section 2.12.100 of the Moorpark Municipal Code. fFor a City Manager with a grandfathered Sick Leave benefit, he/she shall be eligible to receive in cash payment seventy-five percent (75%) 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. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. CRs;steRt with Ses#+eR 8, iln the case of voluntary separation for retirement under the City's retirement system ("Service Retirement"), or involuntary separation, and after no less than ten (10) years (120 months) of cumulative service with the City of Moorpark, for a City Manager employed prior to January 1, 2014, the City shall pay a retirement health savings benefit payment of $75.00 for each full month of service into the City Manager's 457 and/or 401(a) deferred compensation account(s); 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 City Manager's 457 and/or 401(a) deferred compensation account(s). If the retiring City Manager 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. This health savings benefit payment shall also be paid to any qualified beneficiaries, if the separation occurs prior to retirement due to the death of the employee. This retirement benefit In Section 10, Longevity Pay for a City Manager with 361 or more months of service shall be three and one-half percent (3.5%). 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 551 Resolution No. 2014 - Page 26 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. 2013-3211 is rescinded and this resolution shall become effective LpeR adap ieabeginning with the paycheck dated July 18, 2014. 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 2nd day of July, 2014. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 6167 •'