HomeMy WebLinkAboutAGENDA REPORT 2013 0717 CCSA REG ITEM 10R ITEM 10.13.
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MOORPARK CITY COUNCIL :,_
AGENDA REPORT ACTION:
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TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Deputy City Manager
DATE: July 10, 2013 (CC Meeting of 7/17/13)
SUBJECT: Consider Resolution Adopting a Revised Management Benefits
Program and Rescinding Resolution No. 2013-3159
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In Section 4 (Annual Leave, Vacation Leave, and Sick Leave), outdated references have
been deleted, and for Department Heads and Management Employees language has been
added for a one-time 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 17th City
Council agenda).
In Section 7 (Insurance and Health Benefits), the method for determining the medical
insurance benefit for Department Heads has been slightly adjusted from 80% of the
CalPERS PERS Care insurance Preferred Provider Organization (PPO)plan family rate to
90% of the average of the 2013 and 2014 referenced PERS Care PPO family rate, to
maintain approximately the same benefit as currently provided based on the rates
CalPERS has negotiated for calendar year 2014. In addition, the life insurance benefit for
Management Employees has been increased from $50,000 to$75,000, consistent with the
proposed increase of the life insurance benefit for Competitive Service employees from
$25,000 to $50,000. No increase to the life insurance benefit for department heads or the
City Manager is proposed.
In Section 8(Separation Benefits), language has been added to clarify that the Retirement
Health Savings benefit will be available only for employees hired prior to January 1, 2014.
In Section 10 (Longevity Pay), language has been added to clarify when longevity pay
would be discontinued if the overall rating for a performance evaluation is less than
commendable.
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Honorable City Council
July 17, 2013, Regular Meeting
Page 2
In Section 16 (City Manager), outdated references have been deleted, language has been
added for a one-time cash out of up to 20 hours of Vacation Leave in Fiscal Year 2013-14
(applicable to the current City Manager, who has a grandfathered Vacation Leave benefit),
and the Retirement Health Savings benefit language has been revised to make this benefit
available only to a City Manager hired prior to January 1, 2014.
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 MOU for Competitive Service
employees. The estimated cost for the current fiscal year for all City employees is
estimated to be $62,000, as discussed in the agenda report for adoption of an updated
Salary Plan (also scheduled for the July 17 City Council agenda). In addition, consistent
with the referenced MOU also scheduled for the July 17 agenda, 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 increase in the life insurance from $50,000 to $75,000 for approximately 20
Management Employees will cost the City approximately an additional $1,500 per year.
STAFF RECOMMENDATION
Adopt Resolution No. 2013-
Attachment: Draft Resolution
275
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. 2013-3159
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. 2013-3159 adopted on January 16, 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 4, 7, 8, 10, 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, 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.
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.
277
Resolution No. 2013-
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);
85 to 96 Months — 8.6154 hours per pay period (equivalent to 28 eight-hour days
per year);
278
Resolution No. 2013-
Page 4
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 (5 x0) hours. Effe GtiVe with the pay date e
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. AS GOFnpeRsation for a redUGt!GR. in the maxima rn aGGu t�
Annual Leave balanGe OR GaleRdar year 2-01", a Department He-ad will be eligible fer a
279
Resolution No. 2013-
Page 5
one tome Gash euef forty (40) hc)UFS of Annual Leave, whiGh Gash eut may be
Fequested fFeM the effeGtive date of this FeSOlution thFOugh the last full pay peFied 4'R
Leave balanGe is no less than one hundred MeRty (120) hours before Gash
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 2013-14, 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 2013 or first pay period beginning in March 2014, 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);
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Resolution No. 2013-
Page 6
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 hURdred (400)-heursr€#ec-tive with the pa3�
date of july 5, 2013, the maximurn aGGUrnulated AnRual Leave balanGe will be reduGed
from feuF 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 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.
balaRGe in Galendar year 2013, a Management Empleyee will be eligible for a ORe ti
Gash out of forty (40) hours of AnRual Leave, whiGh Gash eut may be requested ftem t
effeGtive date of this rese'UtieR threugh the last full pay peF.E)d in june 2013, aR-d
provided that the requesting Management Employee's aGGUmulated Annual Leave
haplanne is no IesO than en h-in.drerd fieWonfii (120) he--rs htefnrn Gash e u t
In Fiscal Year 2013-14, 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 2013 or first pay period beginning in March 2014, 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:
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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 feuF . Effect+ue
with the pay date ef july 5, 2013, the ma i - - - Anulated VaGation Leave balanGee
will be FedUGed frern five hundred and four (504) 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. AS ceFApensatien for a redUGtiGR in the
aGGUrnulated VaGatien Leave balanGe 1R Galendar year 2013, a DepaFtment Head with a
gFandfathered VaGatien Leave benefit will be eligible for a one tirne Gash out of "
(40) hours Of VaGation Leave, whiGh Gash out may be requested frern the effeGtive d
of s resolution three ghi the e-full pay period ORjURe 2013, and^ d provided that the
one hundred twenty (120) hours befere Gash 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 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.
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Resolution No. 2013-
Page 8
In Fiscal Year 2013-14, 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 2013 or first pay period
beginning in March 2014, 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. As
Galendar year 2013, a MaRagement Employee with a grandfathered VaGation Leave
benefit will be eligible for a one time Gash out ef fbr-ty (40) hours ef VaGatien Leave,
whiGh Gash out Fnay be requested from the effeGtive date ef this reselution threugh the
last pay peried in jWRe 2013, and provided that the reqUeStiRg ManagemeRt Employee's
aGGLImulated VaGatiGn Leave balanGe 06 RO less thaR one hundred twenty (120) hours-
befeFe Gash out.
In Fiscal Year 2013-14, 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 2013 or first pay period
beginning in March 2014, and provided that the requesting Management Employee's
accumulated Vacation Leave balance is not less than sixty (60) 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:
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Resolution No. 2013-
Page 9
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.)
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
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Resolution No. 2013-
Page 10
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
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.
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Resolution No. 2013-
Page 11
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.
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.
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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
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
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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 eightyninety percent (890%) 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.
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.
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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.
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 fifyseventy-five thousand dollar ($5075,000) face value.
Life insurance coverage for dependents of Management Employees shall be the
same as that provided for Competitive Service employees.
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SECTION 8. SEPARATION BENEFITS. The Department Heads and the
Management Employees of the City shall be entitled to the following Separation
benefits:
Department Heads
A. Involuntary Separation without Cause.
1. Paid Severance. Department Heads shall be eligible to receive the
following paid severance benefits at his/her then current salary rate, for
cumulative months of service with the City of Moorpark (unpaid leave of
absence time shall be deducted), if involuntarily separated from service
with the City of Moorpark for any reason other than if separated from
service due to cause, including but not limited to conviction of any
misdemeanor concerning an act related to their official duties or moral
turpitude or convicted of any felony:
0 to 12 Months of service - 4 weeks of paid severance
13 to 24 Months of service - 6 weeks of paid severance
25 to 36 Months of service - 9 weeks of paid severance
37 to 48 Months of service - 12 weeks of paid severance
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.
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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.
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 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
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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
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.
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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.
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
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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
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:
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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
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.
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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. CaIPERS 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).
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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.
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
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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 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;
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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.
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
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accumulated Annual Leave shall be .
EffeGtive with the pay date of imily 5, 2013, the maximum aGGUmulated Annual
Leave will ll TTJA redLIGed 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 seveR hURdred -+w (7 0) hours.
FzffeGtive with the pay date of july 5, 2013, the maximum aGGUmulated VaGation
Leave halanGe will he redUGed from seven hundred sixty (76 0) 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
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 Gomnensa+inn fer a redUG+inn in the
3GGUrnulate -�'-c'fGation Lea1ye baali nGe OR Gaalr°endar year 2013, (`the ifi
Manager will be eligible for a GRe to e eut ef aR additiORaI ferty (40) hours-
of VaGatiGR Leave, C-h Gash eut may be rogested-fFem the-ef eGtiye iJat ..f
this Feselutffien through the last pay peried in june 2013, and provided that the
requesting Gity ,
ono hi RdFed twenty (120) hour before Gash out In Fiscal Year 2013-14, a City
Manager 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 2013 or first pay period beginning in March
2014, and provided that the requesting City Manager's accumulated Vacation
Leave balance is not less than sixty (60) 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
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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
applies only to a City Manager hired prior to January 1, 2014.
SECTION 17. EMERGENCY CALL-OUT MILEAGE REIMBURSEMENT. For a
Department Head or Management Employee that does not receive a car allowance, the
City will reimburse for private vehicle use round trip mileage for the home to work site
and the return work site to home trip, not to exceed a total of 60 miles for the round trip,
for an emergency call-out that occurs outside of the regular work schedule. An
emergency call-out shall not include reporting to work as a result of activation of the
City's Emergency Operations Center. In addition, this reimbursement shall not apply to
a pre-planned work assignment outside of the regular work schedule, for which the
home to work site and return trip would not be reimbursed, except as permitted by City
Council policy. This reimbursement shall be limited to four (4) times per month. The
mileage expense reimbursement for the use of a personal vehicle for travel shall be at
the rate currently allowed by the Internal Revenue Service, and as verified by the
Finance Director annually. The City Manager may terminate this reimbursement at any
time with 30 days notice to affected employees.
SECTION 18. REQUIREMENTS FOR BENEFIT REIMBURSEMENT FOR
CONVICTION OF A CRIME INVOLVING AN ABUSE OF OFFICE OR POSITION. On
or after January 1, 2012, any contract of employment executed or renewed between a
Department Head or Management Employee and the City shall include the language
required by Government Code Sections 53243 — 53243.4, providing that the employee
fully reimburse the City for certain payments in the event that the employee is convicted
of a crime involving the abuse of his or her office or position (which as of the effective
date of this resolution would require full reimbursement for paid leave salary offered by
the City to an employee pending an investigation, for payment of the legal criminal
defense of an employee, and for cash settlement related to the termination of
employment). On or after January 1, 2012, in the absence of a contractual obligation for
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.
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SECTION 19. RESCIND PRIOR RESOLUTION AND IMPLEMENTATION.
Resolution No. 2013-3159 is rescinded and this resolution shall become effective upon
adoption.
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 17th day of July, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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