HomeMy WebLinkAboutAGENDA REPORT 2016 0120 CCSA REG ITEM 10L ITEM 10.L.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL 0 a7oi�'C
AGENDA REPORT ACTION: � ��� ate,s
TO: Honorable City Council BY: /1, _
FROM: Deborah S. Traffenstedt, Assistant City Manager 1)5T-
DATE:
5DATE: January 13, 2016 (CC Meeting of 1/20/16)
SUBJECT: Consider Resolution Adopting a Revised Management Benefits Program
and Rescinding Resolution No. 2015-3463
BACKGROUND AND DISCUSSION
The Management Benefits Resolution is proposed to be updated as shown with legislative
format in the attached draft resolution. This amendment adds two Management Employee
position titles for Deputy Finance Director and Deputy Community Development Director in
Section 2 (Management Employee Definition), reference page 1 of the draft resolution,
consistent with the City Council approval action on the revised Classification Plan Resolution
at the December 16, 2015, regular meeting.
Additionally, language has been added to Section 12(Car Allowance)on draft resolution page
21, and to Section 14 (Cellular Telephone Allowance) on page 23. The edits to Sections 12
and 14 are primarily to clarify continuation or discontinuation of car and cell phone allowances
for a leave of absence.
FISCAL IMPACT
No fiscal impact.
STAFF RECOMMENDATION
Adopt Resolution No. 2016- , rescinding Resolution No. 2015-3463.
Attachment: Draft Resolution
580
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING A REVISED
BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES
AND RESCINDING RESOLUTION NO. 2015-3463
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. 2015-3~63 adopted on July 1 December 2, 2015,
previously established a revised benefit program for management employees and is
now proposed to be rescinded and a revised benefit program adopted to modify position
titles in Sections 1 for consistency with the City's Salary and Classification Plan
resolutions, and 2, and modify language in Section 4 pertaining to the City Manager's
authority to temporarily extend the maximum Annual and Vacation Lea'le accrual limit
based on City needs and to modify language in Sections 12 and 14 to clarify
continuation or discontinuation of car and cellular telephone allowances for a leave of
absence.
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, Deputy
Community Development Director, Deputy Finance Director, Economic Development
and Housing Manager, Economic Development and Planning Manager,
Finance/Accounting Manager, Human Resources Analyst, Information Systems
Manager, Information Systems Analyst, Landscape/Parks Maintenance Superintendent,
Management Analyst, Parks and Facilities Supervisor, Parks and Landscape Manager,
581
Resolution No. 2016-
Page 2
Planning Manager, Principal Planner, Public Works Manager, Public Works .
SuperintendenUlnspector, Public Works Supervisor, Recreation/Community Services
Manager, Recreation Services Manager, Recreation Supervisor, Senior Civil Engineer,
Senior Housing Analyst, Senior Human Resources Analyst, 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.
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 Services Manager. The amount of Administrative Leave earned
will be prorated if service is less than one year.
Administrative Leave must be taken by the end of the calendar year ending December
31. Any unused, accumulated Administrative Leave totaling eight (8) hours or less at
the end of a calendar year will be automatically converted to Annual Leave 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
582
Resolution No. 2016-
Page 3
Management Employee to not permit the accumulated Administrative Leave exceeding
eight (8) hours to remain after December 31 of any calendar year. Management
Employees who terminate employment shall be paid for accumulated Administrative
Leave as of their termination of employment date based upon their then regular rate of
pay.
During 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 dates for using Annual
Leave may be selected by an employee, but shall be approved by the supervisor,
department head, or City Manager, who shall consider the wishes of the employee and
the service needs of the City. In the event that one or more municipal holidays fall
within the requested Annual Leave time period, such holiday equivalent to eight hours
shall not be charged as Annual Leave. Employees who terminate employment shall be
paid for accumulated Annual Leave based upon their then current rate of pay. The
estate of a deceased employee shall be paid the amount of that person's accumulated
Annual Leave.
The dates for using annual leave may be selected by an employee, but shall be
approved by the City Manager or his/her designee, who shall consider the wishes of the
employee and the service needs of the City. Generally, use of Annual Leave shall
require a minimum of one (1) pay period advance approval for use of Annual Leave,
with the exception that two work days may be taken as Annual Leave in any calendar
year with only two (2) work days advance approval. Employees would be allowed to
use in a calendar year the equivalent of the amount of Annual Leave that would be
accrued during six (6) months at the employee's then current rate of entitlement to
attend to an illness of a child, parent, spouse, or domestic partner of the employee,
consistent with the "Kin Care Law" (Labor Code Sections 233-234), and up to a
maximum of three (3) days or twenty-four (24) hours of that same six (6) months accrual
of Annual Leave for "Kin Care" may be used as permitted by the "Paid Sick Leave Law"
583
Resolution No. 2016-
Page 4
(Labor Code Sections 245-249). This section does not extend the maximum period of
leave to which an employee is entitled under Section 12945:2 of the Government Code
or under the federal Family and Medical Leave Act. For any unscheduled Annual
Leave that exceeds three (3) consecutive work days, a supervisor may require a
physician's written certificate, when in the judgment of the supervisor, the employee's
reasons for being absent, because of alleged sickness or emergency, are inadequate.
Unscheduled Annual Leave that exceeds the cumulative work days permitted by the
"Kin Care Law" and the "Paid Sick Leave Law" in any calendar year may result in
disciplinary action.
When Annual Leave has not been approved in advance, an employee shall at a
minimum: 1) Provide their supervisor with a telephone rriessage prior to or within one-
half hour after the time set for the employee's work shift to begin; and 2) the employee
shall speak to their supervisor, or if not available speak to the person designated by the
department head or City Manager to receive such verbal notice, prior to or within two
hours after the time set for the employee's work shift to begin. When Annual Leave is
used without pre-approval for the purposes of a medical emergency, the employee shall
be expected to remain at home during the hours for which Annual Leave is to be
charged, with the exception of the time an employee needs to leave their residence for
the purposes of a medical appointment, medical treatment, and/or related activities, and
for the purpose of providing transportation (such as transportation to and from school or
childcare) for their dependents, including a child, parent, spouse, or domestic partner of
the employee.
Annual Leave shall be accrued per pay period on a pro-rata basis, with the exception of
any unpaid leave of absence time, in accordance with the following accrual rates and
maximum accrual amounts.
Department Heads: Annual Leave accrual rates for Department Heads shall be as
follows:
1 to 60 Months -7.6923 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);
97 to 108 Months -8.9231 hours per pay period (equivalent to 29 eight-hour
days per year);
584
Resolution No. 2016-
Page 5
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: The minimum increment of Annual Leave that may be used is one
quarter hour (15 minutes).
Department Heads receiving Annual Leave may accrue up to a maximum accumulated
Annual Leave balance of four hundred eighty (480) hours of Annual Leave. When a
Department Head's accumulated Annual Leave balance reaches the stated maximum
number of hours, accrual of Annual Leave shall cease. The Department Head shall not
accrue further Annual Leave until such time as their accumulated Annual Leave balance
again falls below the maximum. The City Manager may approve in writing the accrual of
up to an additional one hundred twenty (120) hours of Annual Leave based on City
needs. The City Manager may once in any fiscal year restore any Annual Leave not
accrued as a result of exceeding the maximum accumulated Annual Leave balance if
the use of Annual Leave has been delayed by the City due to unusual or emergency
conditions as determined by the City Manager, so long as such restoration does not
result in a total accumulated Annual Leave balance exceeding six hundred (600) hours
of Annual Leave at any time.
After no less than three years (36 months) of employment with the City of Moorpark for
a new Department Head and no less than two years (24 months) of employment as a
Department Head following promotion from a City Management Employee position, the
Department Head may cash out up to eighty (80) hours of accumulated Annual Leave at
any time during the period of January 1 through June 15 of each year, if the Department
Head has taken no less than fifteen (15) days of paid leave time within the prior twelve
(12)-month period.
585
Resolution No. 2016-
Page 6
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 2015-16, 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 2015 or first pay period beginning in March 2016, and provided that the
requesting Department Head's accumulated Annual Leave balance is not less than sixty
(60) hours before cash out.
Management Employees: Annual Leave accrual rates for Management Employees
shall be as follows:
1 to 60 Months -6.7692 hours per pay period (equivalent to 22 eight-hour days
per year); ·
61 to 72 Months -8.0000 hours per pay period (equivalent to 26 eight-hour days
per year);
73 to 84 Months -8.3077 hours per pay period (equivalent to 27 eight-hour days
per year); ·
85 to 96 Months -8.6154 hours per pay period (equivalent to 28 eight-hour days
per year);
97 to 108 Months -8.9231 hours per pay period (equivalent to 29 eight-hour
days per year);
109 to 120 Months -9.2308 hours per pay period (equivalent to 30 eight-hour
days per year);
121 to 132 Months -9.5385 hours per pay period (equivalent to 31 eight-hour
days per year);
133 and above Months -9.8462 hours per pay period (equivalent to 32 eight-
hour days per year, the maximum accrual rate).
586
Resolution No. 2016-
Page 7
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. The minimum
increment of Annual Leave that may be used is one quarter hour (15 minutes).
Management Employees receiving Annual Leave may accrue up to a maximum
accumulated Annual Leave balance of three hundred sixty (360) hours of Annual Leave.
When a Management Employee's accumulated Annual Leave balance reaches the
stated maximum number of hours, accrual of Annual Leave shall cease. The
Management Employee shall not accrue further Annual Leave until such time as their
accumulated Annual Leave balance again falls below the maximum. The City Manager
may approve in writing the accrual of up to an additional one hundred and twenty (120)
hours of Annual Leave based on City needs. The City Manager may once in any fiscal
year restore any Annual Leave not accrued as a result of exceeding the maximum
accumulated Annual Leave balance if the use of Annual Leave has been delayed by the
City due to unusual or emergency conditions as determined by the City Manager, so
long as such re~toration does not result in a total accumulated Annual Leave balance
exceeding four hundred eighty (480) hours of Annual Leave at any time.
In Fiscal Year 2015-16, 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 2015 or first pay period beginning in March 2016, and provided
that the requesting Management Employee's accumulated Annual Leave balance is not
less than sixty (60) hours before cash out.
Vacation Leave
Department Heads: Eligible Department Heads with a grandfathered Vacation Leave
benefit, based on a hire date with the City prior to 1989, shall accrue Vacation Leave
with pay as follows:
8.0000 hours per pay period (equivalent to 26 eight-hour days per year, the
maximum accrual rate).
For eligible employees, Vacation Leave shall be accrued per pay period on a pro-rata
basis, with the exception of any unpaid leave of absence time. The minimum increment
587
Resolution No. 2016-
Page 8
of Vacation Leave that may be used is one quarter hour (15 minutes). The dates for
using Vacation Leave may be selected by an employee, but shall be approved by the
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 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. The City Manager may once in any fiscal year
restore any Vacation Leave not accrued as a result of exceeding the maximum
accumulated Vacation Leave balance if the use of Vacation Leave has been delayed by
the City due to unusual or emergency conditions as determined by the City Manager, so
long as such restoration does not result in a total accumulated Vacation Leave balance
exceeding five hundred eighty-four (584) hours of Vacation Leave at any time.
At any time during the period of January 1 through June 15 of each year, the
Department Head with a grandfathered Vacation Leave benefit may cash out up to
eighty (80) hours of accumulated Vacation Leave, if the Department Head has taken no
less than fifteen (15) days of paid leave time within the prior twelve (12)-month period.
The City Council may unilaterally restrict the cash out for any single fiscal year. In such
case, the maximum accumulated Vacation Leave for the Department Heads shall be
increased by the eighty (80) hours until such time as said restriction is lifted. Unless the
restriction is retroactively lifted, the maximum accumulated leave for the Department
Heads shall remain at the new maximum accumulated leave rate. If the restriction is
retroactively lifted, the maximum accumulated leave shall revert to the maximum
number of hours specified in this resolution. Should the Council impose a restriction for
more than one consecutive year, and less than the full term of the restriction is lifted, the
maximum accumulated leave shall be reduced only by that amount of time for which the
restriction is lifted.
In Fiscal Year 2015-16, 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 2015 or first pay period
beginning in March 2016, and provided that the requesting Department Head's
accumulated Vacation Leave balance is not less than sixty (60) hours before cash out.
588
Resolution No. 2016-
Page 9
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).
For eligible employees, Vacation Leave shall be accrued per pay period on a pro-rata
ba~is, with the exception of any unpaid leave of absence time. The minimum increment
of Vacation Leave that may be used is one quarter hour (15 minutes). 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 cqnsider the wishes of the
employee and the service needs of the City.
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 one hundred and twenty (120)
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. The City Manager may once in any fiscal year restore any Vacation
Leave not accrued as a result of exceeding the maximum accumulated Vacation Leave
balance if the use of Vacation Leave has been delayed by the City due to unusual or
emergency conditions as determined by the City Manager, so long as such restoration
does not result in a total accumulated Vacation Leave balance exceeding four hundred
sixty-four (464) hours of Vacation Leave at any time.
In Fiscal Year 2015-16, 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 2015 or first pay period
beginning in March 2016, 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).
8. Allowable Uses. Use of Sick Leave shall be allowed consistent with California's
Kin Care law (Labor Code Sections 233-234) and California's Paid Sick Leave
Law (Labor Code Sections 245-249) and including to supplement Workers
Compensation for a job related injury or illness.
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Resolution No. 2016-
Page 10
C. General Provisions
The General Provisions of this section will be enforced with the exception of any
provisions that are inconsistent with California's Kin Care law (Labor Code
Sections 233-234) and California's Paid Sick Leave Law (Labor Code Sections
245-249).
1. In order to receive compensation while absent on Sick Leave, the
Employee shall notify his/her immediate supervisor or the person
designated by the supervisor, Department Head, or City Manager of
his/her illness or injury and location. Such notice shall at a minimum
require:
a) That the supervisor or the person designated by the supervisor,
Department Head, or City Manager to receive such verbal notice is
provided a telephone message prior to or within one hour after the
time set for the Employee's work shift to begin; and
b) That the Employee speak to the supervisor, or if not available
speak to the person designated by the supervisor, Department
Head, or City Manager to receive such verbal notice, prior to or
within one-half hour 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.
590
Resolution No. 2016-
Page 11
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 use shall not be charged
against an Employee's accumulated Sick Leave.
6. 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. This section does not extend the maximum period
of leave to which an employee is entitled under Section 12945.2 of the
Government Code or under the federal Family and Medical Leave Act.
D. Sick Leave Approval
1. An Employee using more than the equivalent of the amount of Sick Leave
that would be accrued during six months at the employee's then current
rate of entitlement n a calendar year 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,
and if the Sick Leave use is found to be consistent with California's Kin
Care law (Labor Code Sections 233-234) and California's Paid Sick Leave
Law (Labor Code Sections 245-249).
2. Use of Sick Leave following notice of resignation shall require the
Employee to provide a physician's certificate to verify need for the
absence from work, with the exception of Sick Leave use that is found to
be consistent with California's Kin Care law (Labor Code Sections 233-
234) and California's Paid Sick Leave Law (Labor Code Sections 245-
249).
591
Resolution No. 2016-
Page 12
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 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 and Spanish language bilingual pay as may be
granted from time to time by the City Council to Competitive Service employees.
Nothing herein shall preclude the City Council from granting Department Heads and
Management Employees adjustments and bilingual pay above those granted to the
Competitive Service employees.
Department Heads and Management Employees may be considered annually for a
merit raise increase in salary according to the following provisions:
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.
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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.
Payment for Spanish language bilingual pay shall be consistent with the City's adopted
Salary Plan, subject to qualification as determined by the City Manager at his or her
sole discretion.
SECTION 7. INSURANCE AND HEAL TH BENEFITS. Department Heads and
Management Employees of the City shall be entitled to the following insurance and
health benefits:
A. Dental and Vision Insurance
During Fiscal Year 2015-16, 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. City
reserves the right to change the benefit provider, but agrees to maintain
generally the same level of dental and vision insurance coverage for employee
and dependents during Fiscal Year 2015-16, although the specific benefits may
vary to some extent based on the package of benefits offered and the approved
provider network for dental and vision insurance.
B. Medical Insurance and Health Benefits
The City's obligation for medical insurance and health benefits for Department
Heads shall be as follows:
Department Heads:
1. Medical Insurance Cafeteria Plan
a) Employed by City as Department Head Prior to July 1, 2010:
The City shall continue a cafeteria plan (Section 125 Premium-Only
Plan) for medical insurance. The City's contribution for each
employee shall consist of a medical insurance allowance of up to a
maximum of ninety percent (90%) of the average of the 2013 and
2014 PERS Care insurance Preferred Provider Organization (PPO)
plan family rate, and such contribution shall be inclusive of the
minimum CalPERS medical insurance payment amount as
specified in ~ection 22892 et seq. of the Government Code. The
medical insurance cafeteria plan contribution, as specified above, is
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intended to pay for r:nedical 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 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 accumulated leave or
holiday pay in that final pay period.
For employees electing to waive medical insurance coverage for
themselves and eligible dependents, proof of alternative medical
insurance coverage shall be provided at the time of open
enrollment each year, and the employee shall certify he/she will
continue such alternative coverage so long as he/she receives an
in-lieu payment. City agrees to provide this in-lieu payment option
only so long as provider does not object and this action is
consistent with applicable federal and state laws, including the
Affordable Care Act. Once the employee has selected an option for
insurance coverage and/or in-lieu payment that would begin
January 1 of the calendar year, he/she may not change his/her
selected option until the next open enrollment date of the medical
insurance plan, except as is permitted by law. All medical
insurance costs that exceed the City's maximum allowance for the
calendar year shall be paid by the employee through payroll
deduction.
b) Employed by City as Department Head after July 1, 2010:
A Department Head employed by the City after July 1, 2010, shall
be eligible to participate in the same medical programs as are
made available to Competitive Service employees with the same
contributions from the City toward the program premiums as
provided to Competitive Service employees.
2. Comprehensive Physical Examination: After completion of the first
year of service with the City, all Department Heads are eligible for a City-
paid comprehensive physical examination every two (2) years prior to age
50, and every year after age 50, with a maximum, cumulative City
contribution of nine hundred dollars ($900.00) for each pre-approved
comprehensive physical examination, as a supplement for costs not
covered or funded by medical insurance (including any specialized
examinations, tests, follow-up tests, and laboratory costs). To be eligible
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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 life
insurance policies at seventy-five thousand dollar ($75,000) face value. Life
insurance coverage for dependents of Management Employees shall be the
same as that provided for Competitive Service employees.
SECTION 8. SEPARATION BENEFITS. The Department Heads and the
Management Employees of the City shall be entitled to the following Separation
benefits:
Department Heads
A. Involuntary Separation without Cause.
1. Paid Severance. Department Heads shall be eligible to receive the
following paid severance benefits at his/her then current salary rate, for
cumulative months of service with the City of .Moorpark (unpaid leave of
absence time shall be deducted), if involuntarily separated from service
with the City of Moorpark for any reason other than if separated from
service due to cause, including but not 'l!mited to conviction of any
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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 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
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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
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.
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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 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
separ~tion 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
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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. '(oluntary 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
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.
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SECTION 9. TUITION REIMBURSEMENT. The Department Heads and the
Management Employees of the City shall be entitled to the following Tuition
Reimbursement benefits:
Department Heads and Management Employees shall be eligible to receive tuition
reimbursement for courses pre-approved by the City Manager and consistent with the
rules, including tuition reimbursement rates, approved by the City Council for
Competitive Service employees.
SECTION 10. LONGEVITY PAY FOR EMPLOYEES HIRED PRIOR TO
JANUARY 1, 2015. Only Department Head and Management employees hired by the
City of Moorpark prior to January 1, 2015, will be eligible for longevity pay as a
grandfathered benefit, subject to reaching the required cumulative and complete months
of service as follows: For Department Heads, the minimum cumulative months of
service is sixty (60), and for Management Employees, the required minimum cumulative
and complete months of service is one hundred twenty (120), and all unpaid leave of
absence time shall be deducted. Longevity pay for Department Head and Management
Employees employed by the City prior to January 1, 2015, shall be calculated based on
cumulative and complete months of service as follows (and unpaid leave of absence
time shall be deducted):
Department Heads:
61 to 120 Months of service -one percent (1.0%)
121 to 180 Months of service -one and one-half percent (1.5%)
181to240 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
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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
City Engineer/Public Works Director
City Manager
Community Development Director
Deputy City Manager
Parks and Recreation Director
Public Works Director
Assistant City Engineer
Parks and Landscape Manager
Planning Director
Economic Development and Housing Manager
Economic Development and Planning Manager
Information Systems Manager
Recreation/Community Services Manager
$310.00
$310.00
$515.00
$310.00
$310.00
$310.00
$310.00
$200.00
$200.00
$200.00
$150.00
$150.00
$150.00
$150.00
Receipt of a car allowance is dependent upon Employee maintaining a valid California
automobile driver's license and also providing proof of automobile insurance for
Employee's private vehicle used for City business in compliance with all related City
Manager administrative procedures and City Council policies. In addition, Employee
receiving the car allowance shall operate any vehicle used in connection with the
-performance of his/her duties in a safe manner and in observance of all established
traffic satety 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 not exceeding twelve
' weeks for Family and Medical leave in any twelve-month period. The monthly car
allowance shall be discontinued or suspended for an unpaid leave of absence for which
an employee has no remaining accumulated leave.
SECTION 13. DEFERRED COMPENSATION AND RETIREMENT.
A. Deferred Compensation. The 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
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approved deferred compensation program, as follows: City Manager -Three
percent (3.0%) of gross base salary, Department Head positions -Two and one-
half percent (2.5%) of gross base salary, and Management Employees -Two
percent (2.0%) of gross base salary.
To the extent permitted by the City's 457 and 401A deferred compensation plans,
a Department Head with at least 24 months of service with the City and 240
hours of accumulated Annual Leave or Vacation Leave may elect, with the
concurrence of the City Manager and consistent with Section 4 of this Resolution,
to have the Annual Leave or Vacation Leave cash-out, as described in this
Resolution, deposited to his/her 457 or 401A deferred compensation plan(s), so
long as the maximum contribution for the year is not exceeded.
B. CalPERS Retirement.
Classic Member Benefit. For Department Head and Management Employees
defined by the California Public Employees Retirement System (CalPERS) as a
"Classic Member", the City shall pay the employee CalPERS contribution, not to
exceed seven percent (7%) of base salary and maintain the current level of
benefits, which includes the following:
Section 20938 -The provisions of Section 20938 apply to limit prior
service to members employed on CalPERS contract date.
Section 21354 -Local Miscellaneous Member 2 percent (2%) at age 55
CalPERS retirement benefit.
Section 21548 -Optional Pre-Retirement Settlement 2 death benefit.
Section 21574 -Fourth Level of 1959 Survivor Benefits.
Section 21623.5 -$5,000 Retired Death Benefit.
The City shall report the value of Employer Paid Member Contributions
(EPMC) to CalPERS as additional compensation pursuant to Government
Code Section 20636(c) and California Code of Regulations Section
571(a)(1).
New Member Benefit: For City Department Head and Management Employees
hired on or after January 1, 2013, the CalPERS retirement benefit shall comply
with the requirements of Assembly Bill 340 approved by the Governor on
September 12, 2012 (Public Employees Pension Reform Act), Government Code
Sections 7522 -7522.74, and as may be subsequently amended. ·
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Resolution No. 2016-
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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
texting 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 City Manager's 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.
City Manager written approval is required prior to an employee receiving the monthly
cell phone allowance and prior to cell phone/smartphone acquisition to verify
compliance with established standards and the reimbursement amount. Prior to the
purchase of tReg_ smartphone, written approval must also be received from the
Information Systems Manager, to confirm that the smartphone software is compatible
with Microsoft Outlook software.
City Manager approval is also required prior to an employee receiving the monthly
allo11.iance and prior to cell phone.tsmartphone acquisition to· verify compliance with
established standards. The monthly cell phone allowance shall be continued through
any approved and paid leave of absence not to exceed six months. The monthly cell
phone allowance shall be discontinued or suspended f.or an unpaid leave of absence
and for any approved leave of absence exceeding six months The monthly cell phone
allowance shall be continued through any approved and paid leave of absence. not
exceeding twelve weeks for Family and Medical leave in any twelve-month period. The
monthly cell phone allowance shall be discontinued or suspended for an unpaid leave of
absence for which an employee has no remaining accumulated leave. The City
Manager at his/her sole discretion may approve continuance of a cell phone allowance
for a paid or unpaid leave of absence beyond the restrictions described in this section, if
continuing cell phone communication with the employee is required during the leave of
absence for the benefit of the City.
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SECTION 15. INCONSISTENT ACTIVITIES AND OUTSIDE EMPLOYMENT.
Department Head and Management employees shall not engage in regular outside
employment, activity or enterprise for compensation ("outside employment") without the
express written approval of the City Manager. In making a determination as to the
consistency or inconsistency of outside employment, activity, or compensation ("outside
employment"), the City Manager shall consider the provisions of Government Code
Section 1126, including whether the employment involves:
A. The use for private gain or advantage of City time, facilities, equipment and
supplies, or
B. Receipt or acceptance by the employee of any money or other consideration
from anyone other than the City for the performance of an act which the
employee, if not performing such act, would be required or expected to render in
the regular course or hours of his/her employment with the City or as a part of
his/her duties as a City employee, or
C. The performance of an act in other than his/her capacity as a City employee
which act may later subject directly or indirectly to the control, inspection, review,
audit, or enforcement of any other officer or employee of the City, or
D. Such time demand as would render performance of his/her duties as a City
employee less efficient.
Employees may be allowed to engage in outside employment if such secondary
employment meets the following standards, as determined by the City Manager at
his/her sole discretion:
A. The outside employment is not inconsistent with the employee's employment with
the City;
B. The employee certifies that they will not contract with nor perform any services
directly or indirectly with a developer, property owner, firm, partnership, and/or
public agency(ies) owning property and/or processing an entitlement application
for properfy 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.
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D. The outside employment will not be demanding on the employee or carry over
into his/her regular duties;
E. The outside employment is such that no problem will arise as to the City's
responsibility for injury incurred on the outside job;
F. The outside employment will never be allowed to interfere with the policy that the
employee is always readily accessible in case of emergencies;
G. Employee would. be required to notify the outside employer that he/she may need
to return to his/her regular duties immediately upon call;
H. The basis for approval by the City Manager is:
1. The employee is required to sign a waiver in regard to injuries occurring in
outside employment. This waiver shall specifically waive any rights
he/she would have against the City or any retirement system which the
City might adopt as to disability which would be caused from, or arising
out of, the outside employment for which the request is made. The
employee shall also waive any rights to Worker's· Compensation benefits
or sick leave because of injury or sickness caused by, or arising out of,
his/her outside employment.
2. An employee whose leave record indicates excessive absenteeism or
excessive tardiness, as determined by the City Manager at his/her sole
discretion, will not be allowed to continue outside employment.
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, 8, 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 4, the maximum accumulated Annual Leave shall be seven hundred
forty-four (744) hours of Annual Leave, and the maximum accumulated Vacation
Leave shall be seven hundred twenty (720) hours of Vacation Leave. As long as
the City Manager has at least three hundred sixty (360) hours of Annual Leave or
two hundred forty (240) hours of Vacation Leave accumulated, forty (40 hours of
such accumulated leave may be cashed out as deferred compensation in
January of each year.
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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, Sections 8.A.1 and 8.8.1 do not apply to a City Manager.
Severance Pay for a City Manager shall be consistent with the provisions of
Section 2.12.100 of the Moorpark Municipal Code. 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.
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, 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.
In Section 10, Longevity Pay for a City Manager hired prior to January 1, 2015,
with 361 or more months of service shall be three and one-half percent (3.5%).
SECTION 17. EMERGENCY CALL-OUT MILEAGE REIMBURSEMENT. For a
Department Head or Management Employee that does not receive a car allowance, the
City will reimburse for private vehicle use round trip mileage for the home to work site
and the return work site to home trip, not to exceed a total of60 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
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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 19. RESCIND PRIOR RESOLUTION AND IMPLEMENTATION.
Resolution No. 2015-342J63 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 20020th day of DecemberJanuary, 201a§.
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Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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