HomeMy WebLinkAboutAGENDA REPORT 2010 1215 CC REG ITEM 10GTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Deborah S. Traffenstedt, Deputy City Manager
ITEM 10.G.
nits' Council IfeetinG
ACTION:
A -0 if -
SST
December 9, 2010 (CC Regular Meeting of 12/15/10)
SUBJECT: Consider Revised Management Benefits Resolution Rescinding
Resolution No. 2010 -2945
BACKGROUND AND DISCUSSION
A special meeting of the Finance. Administration, and Police Safety (FAPS) Standing
Committee (Mayor Parvin and Councilmember Mikos) was held on Thursday. September 23,
and one of the agenda items discussed was management staff benefits. The FAPS
Committee concurred with the majority of the revisions incorporated into the attached draft
revised Management Benefits Resolution (which revisions are shown with the use of
legislative format), although additional edits were subsequently made to the draft resolution
for clarity purposes, including to Section 8. Separation Benefits, as described below.
Following is a summary of the more substantive edits made to the Management Benefits
Resolution ("Department Head" and "Management Employee" definitions are included on
page 1 of the attached resolution).
Section 3, ADMINISTRATIVE LEAVE, pages 2 -3 — Emphasis was added regarding the
intent is that Administrative Leave must be taken by the end of the calendar year. Previously
the Administrative Leave was accumulated and had to be used over a fiscal year. so
language has been added to transition from a fiscal year to a calendar year. The Department
Head annual cash out of up to 40 hours of Administrative Leave has been eliminated, and
conversion of unused. accumulated Administrative Leave of up to 16 hours has been added
for Department Heads. and conversion of up to 8 hours has been added for Management
Employees.
Section 4, ANNUAL LEAVE, VACATION LEAVE, AND SICK LEAVE, pages 3 -11 - The
Department Head Annual Leave and Vacation Leave cash -out language has been modified to
require no less than three years (36 months) of employment for a new Department Head, and
no less than two years (24 months) of employment for a Department Head promoted from a
Management Employee position, as well as use of a minimum of 15 days of paid leave time
within the prior 12 -month period to be eligible for cash -out of up to 80 hours of Annual Leave
or Vacation Leave. Further clarification of grandfathered Vacation and Sick Leave benefits
has also been added. Only the City Manager, Deputy City Manager. and one
Parks /Landscape Maintenance Superintendent employee have grandfathered Vacation and
247
Honorable City Council
December 15. 2010. Regular Meeting
Page 2
Sick Leave benefits. The reason for adding more detailed description of restrictions for
Vacation and Sick Leave use into the Management Benefits Resolution is that the Vacation
and Sick Leave language was previously referenced in the Personnel Rules; however, with
the recent retirement of the one remaining Competitive Service employee with the
grandfathered Vacation and Sick Leave benefit, the Vacation and Sick Leave language will be
removed from the Personnel Rules with the next update.
Section 6, SALARY, page 11 - Changes were made to the language in this section pertaining
to performance evaluation to permit more flexibility in modifying the performance evaluation
procedures for Department Head and Management Employees, including the evaluation form
and minimum overall score required to obtain a merit raise.
Section 7, INSURANCE AND HEALTH BENEFITS, Subsection B.1, Medical Insurance
Cafeteria Plan, pages 12 -13 - The medical insurance benefit for a new Department Head
employed after July 1, 2010, is proposed to be the same as that for Competitive Service
employees (which is a decrease in the paid benefit).
Section 8, SEPARATION BENEFITS, Pages 14 -18 - Changes were made to more clearly
identify with subheadings the separation benefits, including for Involuntary Separation: Paid
Severance, Sick Leave Accrual Benefit, and Retirement Health Savings Benefit. For
Department Head positions. the involuntary separation benefit has been reduced to require
more months of service. For Management Employees, an involuntary separation benefit has
been added, but requires an employment agreement for eligibility. Under Involuntary
Separation without Cause. the Retirement Health Savings Benefit was added for Department
Heads after no less than 15 years of cumulative service and for Management Employees after
no less than 20 years of cumulative service. The Retirement Health Savings Benefit was
already listed under Voluntary Separation, and this change permits an employee with long-
term service with the City to receive the Retirement Health Savings Benefit if employment is
terminated involuntarily without cause. The years of service required to receive the
Involuntary Separation without Cause Retirement Health Savings Benefit are proposed to be
five years more than that required to receive the Voluntarily Separation Retirement Health
Savings Benefit (under Voluntary Separation, this benefit is only received at the time of
termination of employment for CalPERS retirement). The Accumulated Sick Leave Benefit
language was also revised in both the Involuntary Separation and Voluntary Separation
sections for clarification purposes regarding eligibility. Only three current employees are
eligible for the Sick Leave Benefit and all have over 20 years of service.
Section 12, CAR ALLOWANCE, Pages 19 -20 - Language was added to add conditions for
receipt of the car allowance, including maintaining a valid California automobile driver's
license and providing proof of automobile insurance. and language was also added to direct
the City Manager to suspend the car allowance if the employee receiving the car allowance is
not able to drive on City business.
Section 13, DEFERRED COMPENSATION AND RETIREMENT, Pages 20 -21 — Language
was deleted regarding prorating Administrative Leave cash out, since it would no longer be
permitted (consistent with changes made to Section 3. Administrative Leave. to delete cash-
Honorable City Council
December 15. 2010, Regular Meeting
Page 3
out. Staff also added language to clarify current CalPERS retirement benefits. consistent with
the City's contract with CalPERS. No additional CalPERS retirement benefit is proposed (all
listed items are already in place).
Section 16, CITY MANAGER, pages 23 -24 - The Administrative Leave cash -out provision
has been deleted and language permitting 24 hours to be converted to Annual Leave or
Vacation Leave has been added. In addition, the Annual Leave and Vacation cash -out
language has been revised to require a minimum of 15 days of paid leave use in the prior 12-
month period as a requirement for cash -out. The Retirement Health Savings Benefit language
was revised to reference the Involuntary Separation benefit, which for the City Manager is
proposed to be the same for both Voluntary Separation for retirement and Involuntary
Separation.
FISCAL IMPACT
Administrative Leave cash -out for Department Heads and the City Manager has been
reduced by one week, and cash -out of Annual and Vacation Leave requires use of an
additional 40 hours of accumulated leave. The medical insurance benefit for new Department
Heads has been reduced. The involuntary separation benefit for Department Heads has been
reduced to require more months of service for eligibility.
An involuntary separation benefit has been added for Management Employees with an
employment agreement. This added benefit is intended to serve as incentive for obtaining
employment agreements for new and promoted at -will Management Employees, as
recommended by the City Attorney's Office. The intent is to avoid litigation at the time of
separation of employment.
Under Involuntary Separation without Cause. the Retirement Health Savings Benefit was
added for the City Manager, Department Heads and Management Employees with long -term
employment (as defined in the resolution). The benefit was already included under Voluntary
Separation, and this change to add eligibility under Involuntary Separation without Cause is
not expected to result in a fiscal impact given the limited circumstances for which this benefit
would be paid.
STAFF RECOMMENDATION
Adopt Resolution No. 2010-
Attachment: Revised Draft Revised Management Benefits Resolution
249
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A REVISED
BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES
AND RESCINDING RESOLUTION NO. 2010 -2945
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. 20102945 adopted on July 21, 2010, previously
established a revised benefit program for management employees and is now proposed
to be rescinded and a revised benefit program adopted to modify language in Sections
2. 3. 4. 6. 7. 8. 12. 13. and 16.
NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. DEPARTMENT HEAD DEFINITION. When used in this
Resolution, the term -Department Head" shall include the classification positions of
Administrative Services Director; Assistant City Manager: Assistant to City Manager /City
Clerk: City Engineer /Public Works Director: Community Development Director: Deputy
City Manager: Finance Director: Parks and Recreation Director; Planning Director;
Public Works Director: and such other classifications as the City Council may from time
to time designate by resolution as being department head positions.
SECTION 2. MANAGEMENT EMPLOYEE DEFINITION. When used in this
Resolution. the term "Management Employee" shall include the classification positions
of Accountant I and II. Active Adult Center Supervisor, Assistant City Clerk, Assistant
City Engineer. Assistant Engineer, Assistant to City Manager. Administrative Services
Manager. Associate Civil Engineer. Budget and Finance Manager. City Clerk. Code
Compliance Supervisor. 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 rnManagement Employee positions.
250
Resolution No. 2010 -
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 t
rate of ninety-six (96) hours per fiscal year, accrued at the rate of 3.6923 hours per p
period. The amount of Administrative Leave earned will be prorated if service is le
than one year. OR-June 4 of each yew fol lowi n g-Gompletion. f one fuil year o se
!he Department Head may. at his/her optic4:�. -conved4-G" (40) hours ef 4he
Adn:Hnis"t4ve Leave • - - or - -
.. iR the fiSGal year. ARY _! ...
Leave ballance at the end of a fisea4 year may-be-approved by the City Manager to
conwried to Gash per the
VaGatieR —'e2ve. if the
time *R the prier fisGal year and if the Fri
• - -. .�
.. . . four (4) months. Depa#mept Heads whe terminate ernpleyment shall be paid
accumulated Adm*n*strative Leave based upon their then regular: rate ef-pay.
Leave balance w*11 no! be e Geeded, or the Administrative Leave may be - It-.
less than eight (8) heurs at the-end--of a fiseal y aF will be au!oFnat*Gal1y--eAeR
Beainnina in calendar vear 2011, Administrative Leave must be taken by the end of the
calendar year ending December 31. Any unused, accumulated Administrative Leave
totaling sixteen (16) hours or less at the end of a calendar year will be automatically
converted to Annual Leave or Vacation Leave (Vacation Leave is a grandfathered
benefit as described in Section 4). Any accumulated Administrative Leave exceeding
sixteen (16) hours at the end of a calendar year will not be carried over, and all
Administrative Leave balances will be zero (0) at the beginning of each new calendar
year. It is the responsibility of the Department Head to not permit the accumulated
Administrative Leave exceedinq 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 emolovment date based
upon their then regular rate of pa
Management Employees: Management Employees at salary range 67 or higher shall
be granted Administrative Leave at the rate of forty -eight (48) hours per fiscal 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 fiscal year, accrued at the rate of .9231 hours per pay period,
with the following exceptions: 1) A Management Employee at a salary range lower than
range 67 that already receives an accrual rate of 1.8461 hours per pay period, prior to
March 19. 2008, will continue to receive a grandfathered benefit at the higher accrual
rate of 1.8461 hours per pay period: and 2) The City Manager may approve the
Recreation Supervisor position at Range 62 to receive Administrative Leave at the rate
of forty -eight (48) hours per fiscal 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.
251
Resolution No. 2010 -
Page 3
The amount of Administrative Leave earned will be prorated if service is less than one
year. AdMi{istr-ative- Leave - Must -a� e takeR h,. the eRd of the fisGal -year. it is !he
G.
-s to •
Leave E)r .n Employee used s. .�
-s - •- ..
Leave or Vacation Leave baiaRGE? rn cc
s- o"he-AdmiRistrative Lea
eight AdmaRistraiive Leave tetaliRg less than -- -- of a fISGal year we!
autematir,ally eXteRded by feuir (4) menihs. Management Employees who
regula rate of -
Beginning in calendar year 2011, Administrative Leave must be taken by the end of the
calendar year ending December 31. Any unused, accumulated Administrative Leave
totaling eight (8) hours or less at the end of a calendar year will be automatically
converted to Annual Leave or Vacation Leave. Any accumulated Administrative Leave
exceeding eight (8) hours at the end of a calendar year will not be carried over. and all
Administrative Leave balances will be zero (0) at the beginning of each new calendar
year. It is the responsibility of the Management Employee to not permit the accumulated
Administrative Leave exceeding eight (8) hours to remain after December 31 of any
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.
On i During the month of January of each year beginning in 2012, following
completion of one full year of Management service, thea Management Employee may
be approved by the City Manager to receivegranted up to an additional twenty -four (24)
hours of Administrative Leave based OR ImIleSt M—.1. atien -by
his if he/6h^ received a rating of "commendable" or higher was
received on his /her most recent performance evaluation and the employee's
Department Head has *Rdicatedsubmitted 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 4sea4calendar year. To permit a transition of
additional Administrative Leave chanted from a fiscal year to a calendar year, during the
month of January 201 1, a Management Employee with no less than one full year of
Management service may be approved by the City Manager to receive up to an
additional twelve (12) hours of Administrative Leave if eligible based on the criteria
established in this section.
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
252
Resolution No. 2010 -
Page 4
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):
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
253
Resolution No. 2010 -
Page 5
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 of five
hundred twenty (520) hours of Annual Leave. When a Department Head's accumulated
Annual Leave balance reaches the maximum of 520 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, A4
any time the period of uary 1 +ti— h june 15 of each year, the Department
Head may cash out up to eighty (80) hours of accumulated Annual Leave at any time
durinci the period of January 1 through June 15 of each year, if the Department Head
has taken no less than tenfifteen (195) days of paid leave time within the prior twelve
(12) -month period.
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
520 hours. Should the Council impose a restriction for more than one consecutive year.
and less than the full term of the restriction is lifted, the maximum accumulated leave
balance shall be reduced only by that amount of time for which the restriction is lifted.
Management Employees: Annual Leave accrual rates for Management Employees
shall be as follows:
1 to 60 Months — 6.7692 hours per pay period (equivalent to 22 eight -hour days
per year):
61 to 72 Months — 8.0000 hours per pay period (equivalent to 26 eight -hour days
per year):
254
Resolution No. 2010 -
Page 5
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 of five
hundred twenty (520) hours of Annual Leave. When a Department Head's accumulated
Annual Leave balance reaches the maximum of 520 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, At
any time during the peFiod of aFy ! threugh june 15 of each ear. 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 te.Rfifteen (105) days of paid leave time within the prior twelve
(12) -month period.
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
520 hours. Should the Council impose a restriction for more than one consecutive year.
and less than the full term of the restriction is lifted. the maximum accumulated leave
balance shall be reduced only by that amount of time for which the restriction is lifted.
Management Employees: Annual Leave accrual rates for Management Employees
shall be as follows:
1 to 60 Months — 6.7692 hours per pay period (equivalent to 22 eight -hour days
per year):
61 to 72 Months — 8.0000 hours per pay period (equivalent to 26 eight -hour days
per year):
255
Resolution No. 2010 -
Page 6
73 to 84 Months - 8.3077 hours per pay period (equivalent to 27 eight hour days
per year):
85 to 96 Months - 8.6154 hours per pay period (equivalent to 28 eight -hour days
per year):
97 to 108 Months - 8.9231 hours per pay period (equivalent to 29 eight -hour
days per year):
109 to 120 Months - 9.2308 hours per pay period (equivalent to 30 eight -hour
days per year):
121 to 132 Months - 9.5385 hours per pay period (equivalent to 31 eight -hour
days per year):
133 and above Months - 9.8462 hours per pay period (equivalent to 32 eight -
hour days per year, the maximum accrual rate).
In the event a Management Employee was employed by another public agency (city,
county, or special district) at the time or within one year of his /her appointment with the
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 may accrue up to a maximum of four hundred (400) hours.
When a Management Employee's accumulated Annual Leave balance reaches the
maximum of 400 hours, accrual of Annual Leave shall cease. The Management
Employee shall not accrue further Annual Leave until such time as their accumulated
Annual Leave balance again falls below the maximum. The City Manager may approve
in writing the accrual of an additional eighty (80) hours of Annual Leave based on City
needs.
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:
133 a #s - 8.0000 hours per pay period (equivalent to 26 eight -
hour days per year. the maximum accrual rate).
256
Resolution No. 2010 -
Page 7
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 persons accumulated Vacation Leave.
Eligible Department Heads may accrue up to a maximum of five hundred and four (504)
hours of Vacation Leave before accruals cease. The City Manager may approve a
Department Head to accrue an additional one hundred twenty (120) hours of Vacation
Leave based on City needs. Additional Vacation Leave accrual beyond 504 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 teRfifteen (105_) 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 504 hours
maximum. Should the Council impose a restriction for more than one consecutive year.
and less than the full term of the restriction is lifted, the maximum accumulated leave
shall be reduced only by that amount of time for which the restriction is lifted.
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:
109 and abeve Mont 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 eighty -
four (384) 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 Wacation Leave accrual beyond 384 hours
shall not be permitted unless written approval is received from the City Manager.
Sick Leave
257
Resolution No. 2010 -
Page 8
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. program approved
e- -e Ieyees. and shall sobe£f to such other rul and
regal Leave use and aGGrual as approved for Gerripetiti e
SeFViGe emoeyees in SeGtlnn 13.6-2-of-the Dnrcnnnol Rules. EaGh eligible Depa4lme-Rl
Head af4d shall
aGerL�uce sick 1 e at the rate .076. heurs
per pay pened. e4u +vale- R"e4en -004 eight- 48 er year.
A. Sick Leave Accrual. The Employee shall accrue Sick Leave at the rate
of 3.0769 hours per pay period (equivalent to 10 eight -hour days per year).
B. Allowable Uses. Use of Sick Leave shall be allowed only for the
following reasons:
1. Illness and physical incapacity of the Employee due to non work related
illness, injury or temporary disability
2. Enforced quarantine of the Employee in accordance with community
health reaulations.
3. Job - related injury or illness.
4. Appointments for health care for the Emolovee 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.)
) *,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
dependent living in the same household as determined by the Clty
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
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Resolution No. 2010 -
Page 9
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
t . 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 iniury and location. Such notice shall at a minimum
re wire:
) That the supervisor or the person designated by the supervisor,
Department Head, or City Manager to receive such verbal nonce is
provided a telephone message prior to or within one hour after the
time set for the Employees 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 Citv Manager may at his /her
discretion require an Employee to submit a physicians 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 Employees 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 Emplovee who becomes ill or insured 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.
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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 nolidays occurring curing Sick Leave shall not be charged
against an Employees accumulated Sick Leave.
6. An Employee may be required to take physical examinations at periodic
intervals while on Sick Leave from a physician designated and paid for by
the City.
7. In the event that an Emplovee 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
Emolovee does not have anv accumulated Vacation Leave, Sick Leave. or
Administrative Leave.
D. Sick Leave Approval
An Emplovee usina 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 iniury
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 physicians certificate was already provided.
2. Use of Sick Leave following notice of resignation shall in all cases require
the Employee to provide a physicians certificate to verify need for the
absence from work.
E. Conversion of Sick Leave
So Iona as an Emplovee 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 followina the aualifvina annual conversion period
endin _ December 31 of the pri r year. Once the Sick Leave is converted to
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Resolution No. 2010 -
Page 11
Vacation Leave, it shall be subject to the maximum accumulated Vacation Leave
permitted by this resolution.
SECTION 5. OTHER LEAVE BENEFITS. Department Heads and Management
Employees are entitled to receive the same leave of absence, military leave, holidays,
jury duty. bereavement leave, pregnancy disability leave. family and medical leave. and
California Family Rights Act leave benefits provided to Competitive Service employees.
as described in the City's adopted Personnel Rules.
SECTION 6. SALARY. The Department Heads and the Management
Employees of the City shall be entitled to the following Salary Adjustment benefits:
Department Heads and Management Employees shall be subject to the Salary Plan
adopted by the City Council resolution for Competitive Service and Non - Competitive
Service employees. Department Heads and Management Employees shall be eligible
for the same "cost -of- living" adjustments as may be granted from time to time by the
City Council to Competitive Service employees. Nothing herein shall preclude the City
Council from granting Department Heads and Management Employees adjustments
above those granted to the Competitive Service employees.
Department Heads and Management Employees may be considered annually for a
merit raise increase in salary according to the following provisions:
A. Any salary increase or denial of salary increase shall require the specific
recommendation of the employee's department head and /or immediate
supervisor and the approval of the City Manager following completion of a written
performance evaluation.
B. The City Manager shall have authority to establish and modify written
performance evaluation procedures, including the evaluation form(s) to be used
and minimum overall score required to obtain a merit raise, and the written
procedures shall be applied consistently to all Department Head and
Management Employees. Efigibfe ^crrrloyees receiving a - performance evaluatiea
rig of 4ess merit increase
Those eligible emr p4o ee -mi le'scnre of 7.0 or
h4hei shall eeeive a-frve percent (52o) Fnerit increase. co bong as the raise does
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:
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Resolution No. 2010 -
Page 12
A. Dental and Vision Insurance
City shall continue to pay one hundred percent (100 %) of premiums for
Department Head and Management Employees and eligible dependents'
coverage for the dental and vision insurance programs. consistent with that
coverage provided to Competitive Service employees.
B. Medical Insurance and Health Benefits
The City's obligation for medical insurance and health benefits for Department
Heads shall be as follows:
Department Heads:
1. Medical Insurance Cafeteria Plan
a) Employed by City as Department Head Prior to July 1. 2010:
The City shall continue a cafeteria plan (Section 125 Premium -Only
Plan) for medical insurance. In calendar year 2010. the City's
contribution for each employee shall consist of a medical insurance
allowance of up to a maximum of the PERS Care insurance
Preferred Provider Organization (PPO) plan family rate, and such
contribution shall be inclusive of the minimum CalPERS medical
insurance payment amount as specified in Section 22892 et seq. of
the Government Code. Beginning in calendar year 2011, the City's
contribution for each employee shall consist of a medical insurance
allowance of up to a maximum of eighty percent (80 %) of the PERS
Care insurance Preferred Provider Organization (PPO) plan family
rate, and such contribution shall be inclusive of the minimum
CalPERS medical insurance payment amount as specified in
Section 22892 et seq. of the Government Code. The medical
insurance cafeteria plan contribution, as specified above. is
intended to pay for medical insurance for the employee and eligible
dependents. An employee may convert up to a maximum of
$300.00 of the medical insurance cafeteria plan allowance to cash
or a deferred compensation payment each month, if not used for
payment of CaIPERS 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
262
Resolution No. 2010 -
Page 13
be provided at the time of open enrollment each year, and the
employee shall certify he /she will continue such alternative
coverage so long as he /she receives an in -lieu payment. City
agrees to provide this in -lieu payment option only so long as
provider does not object and this action is consistent with
applicable federal and state laws. Once the employee has selected
an option for insurance coverage and /or in-lieu payment that would
begin January 1 of the calendar year, he/she may not change
his /her selected option until the next open enrollment date of the
medical insurance plan, except as is permitted by law. All medical
insurance costs that exceed the City's maximum allowance for the
calendar year shall be paid by the employee through payroll
deduction.
b) Employed by City as Department Head after July 1, 2010:
A Department Head employed by the City after July 1, 2010, shall
be eligible to participate in the same medical programs as are
made available to Competitive Service employees with the same
contributions from the City toward the program premiums as
provided to Competitive Service employees.
2. Comprehensive Physical Examination: After completion of the first
year of service with the City, all Department Heads are eligible for a City -
paid comprehensive physical examination every two (2) years prior to age
50, and every year after age 50, with a maximum, cumulative City
contribution of nine hundred dollars ($900.00) for each pre- approved
comprehensive physical examination, as a supplement for costs not
covered or funded by medical insurance (including any specialized
examinations, tests, follow -up tests, and laboratory costs). To be eligible
for the benefit, the Department Head shall obtain the prior written approval
of the City Manager.
3. Grandfathered Medicare Exemption: Those Department Heads and /or
City Manager hired prior to April 1, 1986, that were exempted from
payment of the Medicare portion of Social Security, shall have the option
of either enrolling in the Medicare Program (if allowed by the Social
Security Administration) with the City paying the employer's share of such
costs. or the eligible employee may choose not to enroll in Medicare and
the City shall pay the equivalent amount of the employer's share as
deferred compensation.
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.
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Resolution No. 2010 -
Page 14
C. Life Insurance
Department Heads: Department Heads shall be provided term life insurance
policies at one hundred fifty thousand dollar ($150.000) face value. Life
insurance coverage for dependents of Department Heads shall be the same as
that provided for Competitive Service employees.
Management Employees: Management Employees shall be provided term life
insurance policies at fifty thousand dollar ($50,000) face value. Life insurance
coverage for dependents of Management Employees shall be the same as that
provided for Competitive Service employees.
SECTION 8. SEPARATION BENEFITS. The Department Heads and the
Management Employees of the City shall be entitled to the following Separation
benefits:
Department Heads
A. Involuntary Separation without Cause.
1. Paid Severance. Department Heads: 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
125 to 36 Months of service —
480 how Q weeks of paid severance
37 to 48 Months of service —
560 four 12 weeks of paid severance
49 to 60 Months of service —
640 hour 14 weeks of paid severance
61 to 72 Months of service —
720 heurs16 weeks of paid severance
73 to 84 Months of service —
888 h f-s18 weeks of paid severance
85 ereto 96 Months of service 960 heurs22 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
grandfatheredthat aeGrue Sick Leave accrual benefit shall be eligible for a
cash payment for accumulated Sick Leave a-°ped in t he foilo-Ni,
paragraph. If employed oy the Gi y of Meerpa* 4er more
srmfffmgzvz zw a .. .... . .. ! IMA7:67 .7
t. • •' line 0 •.
264
Resolution No. 2010 -
Page 15
accumulated as of the effective date of the involuntary separation 4er any
/
reason to tiory of "„,7
--an—n-1 Fel tee to !heir official duties E)F moral
to +tude e E�nv+Eted
el any felony. The cash payment shall also be paid
to any qualified beneficiaries, if the separation is due to the death of the
employee.
3. Retirement Health Savings Benefit. In the case of involuntary
separation after no less than fifteen (15) years (180 months) of cumulative
service with the City of Moorpark, the City shall pay a retirement health
savings benefit payment of $75.00 for each full month of service into the
Department Head s 457 and /or 401(a) deferred compensation accounts at
the time of separation of employment; and after no less than twenty (201
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 Employees
457 and /or 401 L1 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.
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 iinvoiuntary sSeparation without Cause
paid severance pay- -for Department Heads described in the preceding
paragraphs of this seG iea; boweve Section 8.A.1. on the prior page.
2. Accumulated Sick Leave Benefit. Department Heads with a
grandfatheredthat aserue Sick Leave accrual benefit shall be eligible for a
cash payment for accumulated Sick Leave as deScfib i ; the following
paragraph-. If emp or- -more than- 180
Gumul ve months _11 . maid— lea essence tae shall be
deducted4, ri e--De to receive cash
payn4errt -- of seventy -five percent (75 %) of his /her Sick Leave balance,
accumulated as of the effective date of the voluntary separation:4Gr -�
reason other thaR-41 separated ffom service due te- cenv+ction of -any
rnisderr}eaper coaeerr 4g ial duties- er- reorat
tufp4ude or convicte�any-#eleny. The cash payment for accumulatea
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Resolution No. 2010 -
Page 16
Sick Leave shall also be paid to any qualified beneficiaries, if the
separation is due to the death of the employee.
3. Retirement Health Savings Benefit. In the case of voluntary separation
for retirement under the City's retirement system ("Service Retirement -),
and after no less than ten (10) years (120 months) of cumulative service
with the City of Moorpark, the City shall pay a retirement health savings
benefit payment of $75.00 for each full month of service into the
Department Head's 457 and /or 401(a) deferred compensation accounts.
and after no less than fifteen (15) years (180 months) of cumulative
service with the City of Moorpark, the City shall pay $100.00 for each full
month of service into the Employee's 457 and /or 401(a) deferred
compensation account(s). If the retiring Department Head has already
reached the maximum contribution limit for the year in their deferred
compensation plan account(s), including catch -up provision, he /she may
elect to receive the retirement health savings benefit payment in cash
upon written approval of the City Manager. Th+s-he sauiegs- benefit
patent -sh ified benef+ciaf+es, 4 the -se aratien
OGGIJFS PFiOF 10 retirement due to the death of the em#eyee-.
The retirement health savings benefit shall be paici 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.
Management Employees
A. Involuntary Separation without Cause.
1. Paid Severance. Manaaement Emolovees 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
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Resolution No. 2010 -
Page 17
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 (0 °o) of his /her Sick
Leave balance, accumulated as of the effective date of the involuntary
separation. The cash payment for accumulated Sick Leave shall also be
paid to any qualified beneficiaries. if the separation Is due to the death of
the employee.
3. Retirement Health Savings Benefit. In the case of involuntary
separation after no less than twenty (20) years ((240 months) of
cumulative service with the City of Moorpark, the City shall pay a
retirement health savings benefit payment of $75.00 for each full month of
service into the Management Empfoyee*s 457 and /or 401(x) 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 Employees 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.
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 sSeparation without Cause
paid severance paw for Management Employees described in Section
8.A. t , above, and on the prior page.
2. Accumulated Sick Leave Benefit. —A Management Employees- 1 at
accrue with a grandfathered Sick Leave accrual benefit shall be eligible for
a cash payment for accumulated Sick Leave to receive the fotfowrng
ber►e4t-s if velunt I ptar4ly- separated from sepice-mh 44e City
of -Moerp vice due-o
convrct+eR of --airy -retated to ihe+r offrc -+a(
dutk,s r moral - turpitude or cow any fel()RYA emfIs� t#e
C+t"t Moorpark n 180 curn ive rr►er}ths- oserwe tunpa -ia
leave of a' V eRGE? time shall e Redu'ci'ed) . 4he- Maflagement -Em ,o
i v"
shaWbe eligible te-recei1tias"ayment of fifty percent (50 %) of his /her
Sick Leave balance. accumulated as of the effective date of the voluntary
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Resolution No. 2010 -
Page 18
separation. The cash payment for accumulated Sick Leave shall also be
paid to any qualified beneficiaries, if the separation is due to the death of
the employee.
3. Retirement Health Savings Benefit. In the case of voluntary separation
for retirement under the City's retirement system ("Service Retirement ").
and after no less than fifteen (15) years (180 months) of cumulative
service with the City of Moorpark, the City shall pay a retirement health
savings benefit payment of $75.00 for each full month of service into the
Management Employee's 457 and /or 401(a) deferred compensation
account(s). and after no less than twenty (20) years (240 months) of
cumulative service with the City of Moorpark, the City shall pay $100.00
for each full month of service into the Employee's 457 and /or 401(a)
deferred compensation account(s). If the retiring Management Employee
has already reached the maximum contribution limit for the year in their
deferred compensation plan account(s), including catch -up provision.
he /she may elect to receive the retirement health savings benefit payment
in cash upon written approval of the City Manager. This. - health r19s
benefit paymeRt, shall also be paid to any qualified beRef'Glafies. if the
separator -ecGrs prier te retireme to the death -sf -the employee.
The retirement health savings benefit shall be paid to any qualified
beneficiaries, based on the eligibility established for a voluntary
separation, if the separation occurs prior to retirement due to the death of
the employee.
SECTION 9. TUITION REIMBURSEMENT. The Department Heads and the
Management Employees of the City shall be entitled to the following Tuition
Reimbursement benefits:
Department Heads and Management Employees shall be eligible to receive tuition
reimbursement for courses pre- approved by the City Manager and consistent with the
rules, including tuition reimbursement rates. approved by the City Council for
Competitive Service employees.
SECTION 10. LONGEVITY PAY. Department Heads that have completed sixty
(60) cumulative months of service and Management Employees that have completed
one hundred twenty (120) cumulative months of service shall be entitled to longevity
pay benefits to be paid each pay period based on the gross base salary for that pay
period, so long as the employee's performance evaluation is at least at a commendable
level (7.0 or higher score) and the employee is not on unpaid leave. Longevity pay shall
be calculated based on cumulative months of service as follows (and unpaid leave of
absence time shall be deducted):
Department Heads:
61 to 120 Months of service - one percent (1.0 %)
.:
Resolution No. 2010 -
Page 19
121 to 180 Months of service — one and one -half percent (1.5 %)
181 to 240 Months of service — two percent (2.0 %)
241 to 300 Months of service — two and one -half percent (2.5 %)
301 or more Months of service — three percent (3.0 %)
Management Employees:
121 to 180 Months of service — one percent (1.0 %)
181 to 240 Months of service — one and one -half percent (1.5 %)
241 to 300 Months of service — two percent (2.0 %)
301 or more Months of service — two and one -half percent (2.5 %)
SECTION 11. SUPPLEMENTAL LEAVE. Within the first 36 months of
employment with the City. a Department Head may receive thirty (30) days of
supplemental leave, which may be used only for a catastrophic illness or injury to the
employee. The leave provided by this Section shall have no cash value at the time of
separation of service from the City. Use of this leave shall be at the City Manager's sole
discretion and shall be used to supplement short-term disability insurance benefits, and
only after exhaustion of all accumulated Administrative Leave and Annual Leave, until
the Department Head is eligible for the City's long -term disability benefits or is
terminated from City employment. whichever comes first.
SECTION 12. CAR ALLOWANCE. A monthly car allowance shall be provided
for the positions listed and for the amount listed as follows:
Assistant City Manager
$310.00
City Engineer /Public Works Director
$310.00
City Manager
$515.00
Community Development Director
$310.00
Deputy City Manager
$310.00
Parks and Recreation Director
$310.00
Public Works Director
$310.00
Assistant City Engineer
$200.00
Parks and Landscape Manager
$200.00
Planning Director
$200.00
Receipt of a car allowance is dependent upon Emglovee maintamino 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 ali 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
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Resolution No. 2010
Page 20
performance of nos /her dunes in a safe manner and in observance of all established
traffic safety laws The City Manager shall suspend the car allowance if Employee is
not permitted to drive on City business for any reason. The monthly car allowance shall
be continued through any approved and paid leave of absence. The monthly car
allowance shall be discontinued or suspended for an unpaid leave of absence.
SECTION 13. DEFERRED COMPENSATION AND RETIREMENT.
A. Deferred Compensation. The City Manager, Department Heads and
Management Employees shall be entitled to the following deferred compensation
payment:
The City Manager, Department Heads, and Management Employees shall be
entitled to a deferred compensation contribution made by the City into an
approved deferred compensation program, as follows: City Manager - Three
percent (3.0 %) of gross base salary. Department Head positions - Two and one -
half percent (2.5 %) of gross base salary. and Management Employees - Two
percent (2.0 %) of gross base salary.
Prior- to the first pad peried Oacalendar year.To the extent permitted
by the CitYs 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 Sections 3. -4. and 5 of this Resolution, to have the
Adre+ str-at,_e Leave: Annual Leave. aadaor Vacation Leave cash -outs. as
described in this Resolution, prorated
nnoe(°ni the DepaFlm°nl Head4m aydeSigRate all OF
portion to be cent idated deposited to his /her 457 or 401A deferred
compensation plan(s) - and-suGh- payrP,eRt- srh,^" be nnncidered as R adds iai
employer GORIFibutiOR te-so Gh 401 A aGrUrGuRl. 4D44G- thib _,li_1V4S--SeleGted. it may
until the - Rex! —Gak ^id }ear., so long as the maximum
contribution for the year is not exceeded.
B. CalPERS Retirement. Department Head and Management Employees shall be
enrolled in the State of California*s Public Employees Retirement System
(CalPERS). which shall include all of the City's contracted benefit provisions:
E eGtive with - penfien -- Review -U4i+t appreva1. and b ginning no
pay_period -i ul
E- mpfaye+ —P-aid Me le GaIPERS as add+t►eRal
compensator} far all City Department and --Ma en�e+r►ployees- that fecewe
PElam retwemer.r pursua+l to Ge etnrnew -Co le-Secf 0636(c} -and Ca4forn4a
Gode -Gf�guiat'or+s Sectie"74 4a4o )
t The City shall pay the employee contribution not to exceed seven
percent (700) of base salary
2 Section 20938 - The provisions of Section 20938 apply to limit prior
service to members employed on CalPERS contract date.
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Resolution No. 2010 -
Page 21
3. Section 21354 - Locai Miscellaneous Member 2 percent (2 %) at age 55
CatPERS retirement benefit.
4. Section 21548 Optional Pre - Retirement Settlement 2 death benefit.
5. Section 21574 - Fourth Level gf 1959 Survivor Benefits
6. Section 21623.5 S5.000 Retired Death Benefit.
7. The City shall report the value of Employer Paid Member Contributions
(EPMC) to CaIPERS as additional compensation pursuant to Government
Code Section 2063610 ano California Code of Reau)ations Section
5ZILal 1.
SECTION 14. CELLULAR TELEPHONE ALLOWANCE.
A monthly cellular telephone (cell phone) allowance of $70.00 shall be provided for the
City Manager anq 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 C)ly Manager. Such standards seal) 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.
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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 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.
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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.
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 48twenty - four (24) hours may be converted to
cashAnnual 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
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(equivalent to 34 eight -hour days per year), the accrual rate for 169 to 180
Months (year 15) of City employment shall be 10.7692 hours per pay period
(equivalent to 35 eight -hour days per year), the accrual rate for 181 to 192
Months (year 16) of City employment shall be 11.0769 hours per pay period
(equivalent to 36 eight -hour days per year), and the accrual rate for 193 and
above Months (year 17 and above) of City employment shall be 11.3846 hours
per pay period (equivalent to 37 eight -hour days per year); and the maximum
accumulated Annual Leave shall be seven hundred and eighty -four (784) hours.
In Section 5. the accrual rate for Vacation Leave for a City Manager with a
grandfathered Vacation Leave benefit shall be revised !OF 193 and above Me
to 9.5385 hours per pay period
(equivalent to 31 eight -hour days per year); and the maximum annual
accumulated Vacation Leave shall be seven hundred and sixty (760) hours.
In Sections 4 and 5. 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 tenfifteen
(105) 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.
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 sSick LLeave 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 B. in the case of voluntary separation for retirement
under the City's retirement system ( "Service Retirement "), or involuntary
separation, and after no less than ten (10) years (120 months) of cumulative
service with the City of Moorpark, the City shall pay a retirement health savings
benefit payment of $75.00 for each full month of service into the City Manager's
457 and /or 401(a) deferred compensation account(s); and after no less than
fifteen (15) years (180 months) of cumulative service with the City of Moorpark.
the City shall pay $100.00 for each full month of service into the City Manager's
457 and /or 401(a) deferred compensation account(s). If the retiring City Manager
has already reached the maximum contribution limit for the year in their deferred
compensation plan account(s), including catch -up provision. he/she may elect to
receive the retirement health savings benefit payment in cash. This health
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Resolution No. 2010 -
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savings benefit payment shall also be paid to any qualified beneficiaries. if the
separation occurs prior to retirement due to the death of the employee.
SECTION 17. EMERGENCY CALL -OUT MILEAGE REIMBURSEMENT. For a
Department Head or Management Employee that does not receive a car allowance. the
City will reimburse for private vehicle use round trip mileage for the home to work site
and the return work site to home trip, not to exceed a total of 60 miles for the round trip,
for an emergency call -out that occurs outside of the regular work schedule. An
emergency call -out shall not include reporting to work as a result of activation of the
City's Emergency Operations Center. In addition, this reimbursement shall not apply to
a pre - planned work assignment outside of the regular work schedule, for which the
home to work site and return trip would not be reimbursed. except as permtitted 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. RESCIND PRIOR RESOLUTION AND IMPLEMENTATION.
Resolution No. 2010 -2945 is rescinded and this resolution shall become effective on
January 1, 2011.
SECTION 19. 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 15" day of December, 2010.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
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