HomeMy WebLinkAboutAGENDA REPORT 2013 0116 CCSA REG ITEM 10G ITEM 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT1 -._
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Deputy City Manager
DATE: January, 10, 2013 (CC Meeting of 1/16/13)
SUBJECT: Consider Revised Management Benefits Resolution
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.
In Section 3 (Administrative Leave), prior calendar year references and a grandfathered
Administrative Leave accrual rate for Management Employees that is no longer applicable
to current employees have been deleted.
In Section 4(Annual Leave, Vacation Leave, and Sick Leave),the maximum accumulated
leave balance total for both Annual Leave and Vacation Leave will be reduced by forty(40)
hours as of the pay date of July 5, 2013, and a one-time cash out of 40 hours of
accumulated leave is proposed for the current fiscal year for employees with no less than
one hundred twenty(120) hours of accumulated leave. The intent is to reduce the overall
long-term benefit payment obligation of the City that results from large amounts of
accumulated leave, and also to encourage employees to regularly use some of their leave
accrual.
In Section 7 (Insurance and Health Benefits, the calendar year references have been
updated. The benefit has not changed.
In Section 13(Deferred Compensation and Retirement),the CaIPERS retirement language
has been updated to include language that Department Head and Management
Employees hired on or after January 1, 2013 are subject to the requirements of Assembly
Bill 340. As an example of the changes to the retirement law, new employees (not vested
in CalPERS or a reciprocal agency retirement system and not having an employment gap
of over six months) that are hired by the City on or after January 1, 2013, will have a
retirement formula of 2.5% at age 67 (versus the 2.5% at age 55 plan for current
employees) and will pay a portion of the cost for the CaIPERS retirement benefit.
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Honorable City Council
January 16, 2013, Regular Meeting
Page 2
In Section 16 (City Manager), the maximum accumulated leave balance total for both
Annual Leave and Vacation Leave have been reduced by forty(40) hours, and a one-time
cash out of 40 hours of accumulated leave is proposed for an employee with no less than
one hundred twenty (120) hours of accumulated leave.
A new Section 18 (Requirements for Benefit Reimbursement for Conviction of a Crime
Involving an Abuse of Office or Position)has been added to provide notice and applicability
of the requirements of Government Code Sections 53243-53243.4, which require an
employee to 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. Currently, the
referenced State law requires reimbursement for paid leave salary offered by the City to an
employee pending an investigation, payment of the legal criminal defense of an employee,
and cash settlement related to the termination of employment.
STAFF RECOMMENDATION
Adopt Resolution No. 2013-
Attachment: Draft Resolution
125
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A REVISED
BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES
AND RESCINDING RESOLUTION NO. 2010-2987
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. 2010-2987 adopted on December 15, 2010,
previously established a revised benefit program for management employees and is
now proposed to be rescinded and a revised benefit program adopted to modify
language in Sections 3, 4, 8, 13 and 16, and to add a new Section 18.
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 11, 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, 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 other classifications as the City Council may from time to time
designate by resolution as being Management Employee positions.
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Resolution No. 2013-
Page 2
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.
beginning in GaleRdar year 2011,_ 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., with the felleWiRg
,
2008, Will GE)RtiRue to FeGeive a gFandfathered beRefit at the higher aGE;rual rate ef
1.8461 he ur per pay p riedi and 2) 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.
Beginning in E;a'GRdar year 2011, 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
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Resolution No. 2013-
Page 3
calendar year. Management Employees who terminate employment shall be paid for
accumulated Administrative Leave as of their termination of employment date based
upon their then regular rate of pay.
During the month of January of each year beginning in 2012, 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.
less than one full year of ManageFneRt seFViGe may be appmved by the city MaRageF to
_p to aR additiGRal twelve (12) hours ef AdmiRistrative Leave Of eligible based on
the nriteria established in this seGtien
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);
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Resolution No. 2013-
Page 4
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 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 five hundred twenty (520) hours of °nn, all Effective
with the pay date of July 5 2013 the maximum accumulated Annual Leave balance will
be reduced from five hundred twenty (520) to four hundred eighty (480) hours of Annual
Leave. When a Department Head's accumulated Annual Leave balance reaches the
stated maximum number of 52-9 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
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Resolution No. 2013-
Page 5
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. As compensation for a reduction in the maximum accumulated
Annual Leave balance in calendar year 2013 a Department Head will be eligible for a
one-time cash out of forty (40) hours of Annual Leave, which cash out may be
requested from the effective date of this resolution through the last full pay period in
June 2013 and provided that the requesting Department Head's accumulated Annual
Leave balance is no less than one hundred twenty(120) hours before cash out.
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
&2-8maximum 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.
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);
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Resolution No. 2013-
Page 6
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
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 four hundred (400) hours. Effective with the pay
date of July 5 2013 the maximum accumulated Annual Leave balance will be reduced
from four hundred (400) to three hundred sixty (360) hours of Annual Leave. When a
Management Employee's accumulated Annual Leave balance reaches the stated
maximum number of 400 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. As compensation for a reduction in the maximum accumulated
Annual Leave balance in calendar year 2013 a Management Employee will be eligible
for a one-time cash out of forty (40) hours of Annual Leave, which cash out may be
requested from the effective date of this resolution through the last full pay period in
June 2013 and provided that the requesting Management Employee's accumulated
Annual Leave balance is no less than one hundred twenty (120) 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:
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Resolution No. 2013-
Page 7
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
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 five hundred and four (504) hours
Leave. Effective with the pay date of July 5 2013 the maximum accumulated Vacation
Leave balance will be reduced from five hundred and four (504) to four hundred and
sixty-four (464) hours of Vacation Leavebefore ac^r a1G Cease. 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 584 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. As compensation
for a reduction in the maximum accumulated Vacation Leave balance in calendar year
2013 a Department Head with a grandfathered Vacation Leave benefit will be eligible
for a one-time cash out of forty (40) hours of Vacation Leave, which cash out may be
requested from the effective date of this resolution through the last full pay period in
June 2013 and provided that the requesting Department Head's accumulated Vacation
Leave balance is no less than one hundred twenty 020) hours before cash out.
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 504maximum
number of hours maxi n4m 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.
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Resolution No. 2013-
Page 8
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
eijW rty-four (384344) 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
384344 hours shall not be permitted unless written approval is received from the City
Manager. As compensation for a reduction in the maximum accumulated Vacation
Leave balance in calendar year 2013 a Management Employee with a grandfathered
Vacation Leave benefit will be eligible for a one-time cash out of forty (40) hours of
Vacation Leave which cash out may be requested from the effective date of this
resolution through the last pay period in June 2013 and provided that the requesting
Management Employee's accumulated Vacation Leave balance is no less than one
hundred twenty (120) hours before cash out.
Sick Leave
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.
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Resolution No. 2013-
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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.)
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: 14
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
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Resolution No. 2013-
Page 10
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
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.
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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.
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:
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Resolution No. 2013-
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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
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. in GaleRdar year 2010,- the Gity�s
Preferred PFevWer Grganizatien (PPQ) plan family rate, and SUGh
rn-tFib uti „ shall be inrL IGi` ee, ,e minimum GaIPERS morlinal
T7-�TTQTI�TCr.7PG� LTC �TTG CffGLll
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Resolution No. 2013-
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.)aymeRt amount as SP86fi8d iR S8GtiGR 22892 et seq. of
+ho �o�iiorn G ° BeginRiRg in GaIGR ar year 209 9 +The
City's contribution for each employee shall consist of a medical
insurance allowance of up to a maximum of eighty percent (80%) of
the 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.
For employees electing to waive medical insurance coverage for
themselves, 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.
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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.
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 term life
insurance policies at fifty thousand dollar ($50,000) 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.
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1. Paid Severance. Department Heads shall be eligible to receive the
following paid severance benefits at his/her then current salary rate, for
cumulative months of service with the City of Moorpark (unpaid leave of
absence time shall be deducted), if involuntarily separated from service
with the City of Moorpark for any reason other than if separated from
service due to cause, including but not limited to conviction of any
misdemeanor concerning an act related to their official duties or moral
turpitude or convicted of any felony:
0 to 12 Months of service - 4 weeks of paid severance
13 to 24 Months of service - 6 weeks of paid severance
25 to 36 Months of service - 9 weeks of paid severance
37 to 48 Months of service - 12 weeks of paid severance
49 to 60 Months of service - 14 weeks of paid severance
61 to 72 Months of service - 16 weeks of paid severance
73 to 84 Months of service - 18 weeks of paid severance
85 to 96 Months of service - 22 weeks of paid severance
97 to 240 Months of service - 24 weeks of paid severance
241 or more Months of service - 25 weeks of paid severance
2. 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. 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
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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.
B. Voluntary Separation.
1. No Eligibility for Severance Pay. In cases of voluntary separation from
service with the City, including retirement under the City's retirement
system ("Service Retirement"), or death of the employee, Department
Heads shall not be eligible for the Involuntary Separation without Cause
paid severance for Department Heads described in Section 8.A.1. on the
prior page.
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. 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.
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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
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. 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
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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.
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.
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. 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.
SECTION 9. TUITION REIMBURSEMENT. The Department Heads and the
Management Employees of the City shall be entitled to the following Tuition
Reimbursement benefits:
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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. 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
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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
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,
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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. Department Head and Management Employees shall be
enrolled in the State of California's Public Employees Retirement System
(CalPERS), which shall include all of the City's contracted benefit provisions, and
the current level of retirement benefits for Department Head and Management
Employees hired prior to January 1, 2013 is as follows:
1. The City shall pay the employee contribution, not to exceed seven
percent (7%) of base salary.
2. 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.
7. 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).
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 as codified into the California Government Code, and any subsequent
amendments thereto.
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.
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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,
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:
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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 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
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his/her sole discretion, will not be allowed to continue outside
employment.
I. The City Manager shall notify the employee of either the approval of the
outside employment request or denial based on a determination not to
allow the requested outside employment and the grounds therefore. The
decision of the City Manager shall be final.
SECTION 16. CITY MANAGER. In addition to applicable provisions of the
Municipal Code, or other Council policy, the provisions of Sections 3, 4, 5, 6, 7, 9, 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:
In Section 3, Administrative Leave accrual shall be revised to accrue at the rate
of one hundred and twenty (120) hours per fiscal year, accrued at the rate of
4.6154 hours per pay period and twenty-four (24) hours may be converted to
Annual Leave or Vacation Leave.
In Section 4, accrual rates for Annual Leave shall be revised to add: 145-156
Months (year 13) of City employment shall be 10.1539 hours per pay period
(equivalent to 33 eight-hour days per year), the accrual rate for 157 to 168
Months (year 14) of City employment shall be 10.4615 hours per pay period
(equivalent to 34 eight-hour days per year), the accrual rate for 169 to 180
Months (year 15) of City employment shall be 10.7692 hours per pay period
(equivalent to 35 eight-hour days per year), the accrual rate for 181 to 192
Months (year 16) of City employment shall be 11.0769 hours per pay period
(equivalent to 36 eight-hour days per year), and the accrual rate for 193 and
above Months (year 17 and above) of City employment shall be 11.3846 hours
per pay period (equivalent to 37 eight-hour days per year); and the maximum
accumulated Annual Leave shall be seven hundred and eighty-four (784) hours.
Effective with the pay date of July 5, 2013, the maximum accumulated Annual
Leave balance will be reduced from seven hundred eight-four (784) to seven
hundred forty-four (744) hours of Annual Leave.
In Section 4, the accrual rate for Vacation Leave for a City Manager with a
grandfathered Vacation Leave benefit shall be revised to 9.5385 hours per pay
period (equivalent to 31 eight-hour days per year); and the maximum annual
accumulated Vacation Leave shall be seven hundred siWAgnty (7620) hours.
Effective with the pay date of July 5, 2013, the maximum accumulated Vacation
Leave balance will be reduced from seven hundred sixty (760) to seven hundred
twenty (720) hours of Vacation Leave.
In Section 4, the amount of the Annual Leave and Vacation Leave cash out shall
be revised to up to one hundred twenty (120) hours of accumulated leave
(Annual Leave or Vacation Leave), so long as he/she has taken fifteen (15) days
of paid leave in the prior twelve (12)-month period; and as long as at least two
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hundred forty (240) hours of Vacation Leave (or 360 hours of Annual Leave) are
accumulated, forty (40) hours of such accrual may be cashed out as deferred
compensation in January of each year. As compensation for a reduction in the
maximum accumulated Vacation Leave balance in calendar year 2013, the City
Manager will be eligible for a one-time cash out of an additional forty (40) hours
of Vacation Leave which cash out may be requested from the effective date of
this resolution through the last pay period in June 2013 and provided that the
requesting City Manager's accumulated Vacation Leave balance is no less than
one hundred twenty (120) hours before cash out.
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).
In Section 8, for 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.
Consistent with Section 8, in 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, 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.
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
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Council policy. This reimbursement shall be limited to four (4) times per month. The
mileage expense reimbursement for the use of a personal vehicle for travel shall be at
the rate currently allowed by the Internal Revenue Service, and as verified by the
Finance Director annually. The City Manager may terminate this reimbursement at any
time with 30 days notice to affected employees.
SECTION 18. REQUIREMENTS FOR BENEFIT REIMBURSEMENT FOR
CONVICTION OF A CRIME INVOLVING AN ABUSE OF OFFICE OR POSITION. On
or after January 1 2012 any contract of employment executed or renewed between a
Department Head or Management Employee and the City shall include the language
required by Government Code Sections 53243 — 53243.4 providing that the employee
fully reimburse the City for certain payments in the event that the employee is convicted
of a crime involving the abuse of his or her office or position (which as of the effective
date of this resolution would require full reimbursement for paid leave salary offered by
the City to an employee pending an investigation for payment of the legal criminal
defense of an employee and for cash settlement related to the termination of
employment) On or after January 1 2012 in the absence of a contractual obligation for
any of the applicable payments described in Government Code Sections 53243 —
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 199.RESCIND PRIOR RESOLUTION AND IMPLEMENTATION.
Resolution No. 2010-294587 is rescinded and this resolution shall become effective ee
aRuary 1, 2011 upon adoption.
SECTION 4-920. CERTIFICATION. The City Clerk shall certify to the adoption
of this resolution and shall cause a certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this 16th day of January, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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