HomeMy WebLinkAboutAGENDA REPORT 2008 0319 CC REG ITEM 10ICITY OF MOOrtPARK. CALWjKz
City Council Meeting
of J- 19 -aDOg
ACTION:
MOORPARK CITY COUNCIL Y' X'
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services Director S>i9T
DATE: March 11, 2008 (CC Meeting of 3/19/08)
SUBJECT: Consider Resolution Adopting a Revised Benefit Program for
Management Employees and Rescinding Resolution No. 2007 -2619
BACKGROUND
Resolution No. 2007 -2619, adopted on July 18, 2007, previously established a benefil
program for Management employees and is now proposed to be rescinded and a revised
benefit program adopted as described in the Discussion Section of this report.
The proposed revisions to Management benefits are shown through the use of legislative
format in the attached draft resolution.
DISCUSSION
The proposed revisions are briefly summarized as follows:
Section 2 — The Management Employee definition is proposed to be revised to add
a Human Resources Analyst position. The reason for this change is discussed in a
separate agenda report on amending the Salary Plan that precedes this item on the
consent calendar, and if approved, this position would need to be included in the
Management Employee definition.
• Section 3 — A revision to the Administrative Leave accrual rate for Management
Employees with a salary range of less than Range 67 is proposed to decrease the
accrual from 1.8461 hours per pay period (48 hours per fiscal year) to .9231 hours
per pay period (24 hours per fiscal year). This change is proposed to recognize that
Management Employees in the higher salary range positions typically work more
overtime. Current Management Employees that are affected by this change are
proposed to continue to receive a grandfathered benefit. New employees would
receive the reduced Administrative Leave accrual rate, however, there is already
existing language in Section 3 that provides the opportunity to grant any
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Honorable City Council
March 19, 2008, Regular Meeting
Page 2
Management employee that works a large number of hours beyond their regular
work week hours an additional 24 hours of Administrative Leave.
Section 4 — This section previously was limited to discussion of Annual Leave, but
was revised to include the Vacation and Sick Leave accrual language that
previously was in Section 5.
• Section 5 — Vacation and Sick Leave accrual language was reorganized into
Section 4, and Section 5 now has new language to address Other Leave Benefits,
since clarification was needed that Department Head and Management Employees
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.
Section 6 - The merit raise language that is proposed to be added to Section 6 is
not a change in procedure, but merely documents the practice that has been
followed, and is consistent with the merit raise process also followed for Competitive
Service employees. It is appropriate to have the merit raise procedure specifically
called out in the Management Benefits Resolution.
Section 7 — A reference to July 1, 2007 was deleted, and the reimbursement
language for City -paid comprehensive physical examinations for Department Heads
was modified to increase the reimbursement amount from $750 to $900 and to
change eligibility to every year after age 50. This amount has not been adjusted for
ten years.
Section 12 — Language was added to clarify that a car allowance would be
discontinued during an unpaid leave of absence.
Section 14 - The cellular telephone (cell phone) reimbursement language in Section
14 was modified to address additional reimbursement for purchase of a
"smartphone" (also known as a pocket computer or personal digital assistant). The
reimbursement for a smartphone is proposed to be a maximum of $325.00 every
two years. Language was also added to this section to clarify that a cell phone
allowance would be discontinued during an unpaid leave of absence.
Smartphones permit a variety of functions, including the ability to synchronize to
Microsoft Outlook calendar, contacts, and email functions. In the event of an
emergency, all contact information is immediately available. Smartphones allow
connection to the Internet for e-mail and web access. Considerably more data can
be received and transmitted via a smartphone, such as large e-mail attachments or
data files from websites. Some models and carriers offer an "always -on" Internet
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Honorable City Council
March 19, 2008, Regular Meeting
Page 3
access service making connection easier. Many models also offer built -in digital
cameras with immediate snap and send functionality, so offsite staff can instantly
photograph and send images or videos over the internet.
The change in compensation from a maximum of $125.00 to a maximum of $325.00
for purchase of a smartphone is in recognition of the higher cost of some of the
more popular models, including but not limited to Palm Treo, Blackberry, and
(Phone. Management staff that are approved for cell phone /smartphone
reimbursement are only eligible for the benefit every two years.
Section 16 - Language has been added to Section 16 to increase the eligible
reimbursement for a comprehensive physical examination for the City Manager to
$1,200.
If the revisions to the Management Benefits Resolution are approved, the final resolution
will be printed with the revised language incorporated and the legislative format deleted.
FISCAL IMPACT
The reduction in the Administrative Leave accrual rate for new Management Employees
with a salary range below Range 67 may result in a small cost savings for the City in future
years.
Staff estimates that the increased compensation for annual or bi- annual comprehensive
physicals for Department Heads and the City Manager could result in a maximum
increased cost to the City of $1,500 annually; however, this amount is unlikely to result on
an annual basis, since not all eligible staff utilize this benefit due to coverage already
provided under one or more medical insurance plans (such as double coverage under
employee and spouse insurance plans).
The increased compensation for purchase of a smartphone could result in a total increased
cost to the City of approximately $2,400 for approximately twelve Management staff. Not
all Management staff would be approved by the City Manager for smartphone acquisition,
and not all Management staff would be expected to want a smartphone, due to the size
and convenience of a regular cellular telephone. Cell phone reimbursement costs are
currently budgeted as applicable to each department division, and a budget amendment is
not anticipated to be needed for the few remaining months in the current fiscal year.
STAFF RECOMMENDATION
Adopt Resolution No. 2008 -
Attachment: Draft Management Benefits Resolution
300113
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A REVISED
BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES
AND RESCINDING RESOLUTION NO. 2007 -2619
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 Resalutian No. 2007 -2619 ado ted on Jul 18 2007 reviousl
established a benefit program for management employees and is now proposed to be
rescinded and a revised benefit program adopted to incorporate the fallowing revisions
In Section 2 a Numan Resources Anal st asition was added to the Mana ement
Em la ee definition; in Section 3 the Administrative Leave accrual rate was revised for
Management Employees that are at a salary range below Range 67� in Section 4 edits
were made to merge the Annual Vacation and Sick Leave accrual language into one
section; in Sectian 5 the rior Vacation and Sick Leave language was deleted and new
Other Leave Ian ua e was added that clarifies that Qe artment Head and Management
Employees receive the same leave of absence military leave holidays jury dutv,
bereavement leave, pregnancv disability leave family and medical leave and California
Famil Ri hts Act leave benefits rovided to Com etitive Service em to ees; in Section
6 merit raise Ian ua e was added in Sectians 7 and 16 the reimbursement Ian ua e
far camprehensive physical examinations was revised in Sections 12 and 14 language
was added to clarify that car and cellular phone allowances would be discontinued
durin an un aid leave of absence° and in Section 14 the cellular telephone
reimbursement Ian ua e was revised to ravide an increase in reimbursement for
purchase of a "smartphone."
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, Recreation and Community Services 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.
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Resolution No. 2008 -
Page 2
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, Administrative Services Manager, Associate Civil
Engineer, Budget and Finance Manager, Finance /Accounting Manager, Human
Resources Anal st 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, Public Works Supervisor,
Recreation /Community Services Manager, Redevelopment Manager, Senior Civil
Engineer, Senior Information Systems Analyst, Senior Management Analyst, and such
other classifications as the City Council may from time to time designate by resolution
as being management 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 fiscal year, accrued at the rate of 3.6923 hours per
pay period. On June 1 of each year following completion of one full year of service, the
Department Head may, at his /her option, convert forty (40) hours of the annual
Administrative Leave to cash, if a rating of "commendable" or higher was received on
the most recent performance evaluation in the fiscal year. Any unused Administrative
Leave balance at the end of a fiscal year may be approved by the City Manager to be
converted to cash per the above provision; may be converted to Annual Leave or
Vacation Leave, if the Department Head has used at least forty (40) hours of paid leave
time in the prior fiscal year and if the maximum accumulated Annual Leave or Vacation
Leave balance will not be exceeded; or the Administrative Leave may be extended for a
period of up to four (4) months. Department Heads who terminate employment shall be
paid for accumulated Administrative Leave 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 fiscal year,
accrued at the rate of 1.8461 hours per pay period. Management Employees at a
salary range lower than range 67 steal! 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 exce Lion that a Mana ement Em to ee at a_salary range lower than range 67
that alread receives an accrual rate of 1.8461 hours per pay p eriod, prior to the
effective date of this resolution will continue to receive a arandfathered benefit at the
higher accrual rate of 1.8461 hours per pad
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 fiscal year. It is the
responsibility of the Management Employee to not permit the accumulated leave to
remain after June 30 of any fiscal year. Any unused Administrative Leave balance at the
end of a fiscal year may be approved by the City Manager to be converted to Annual
Leave or Vacation Leave, if the Management Employee has used at least forty (40)
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Resolution No. 2008 -
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hours of paid leave time in the prior fiscal year and if the maximum accumulated Annual
Leave or Vacation Leave balance will not be exceeded; or the Administrative Leave
may be extended for a period of up to four (4) months. Management Employees who
terminate employment shall be paid for accumulated Administrative Leave based upon
their then regular rate of pay.
On July 1 of each year, following completion of one full year of Management service,
the Management Employee may be granted up to an additional twenty -four (24) hours
of Administrative Leave based on the most recent performance evaluation by his /her
Department Head if he /she received a rating of "commendable" or higher and the
employee's Department Head has indicated that the employee has spent an inordinate
amount of additional work hours in performance of service to the City during the prior
fiscal 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 Managgement
Em to ees that receive randfathered Vacation and Sick Leave in lieu of Annual Leave
will be sub ect to the Vacation and Sick Leave accrual provisions in this resolution.
Annual Leave
Department Heads: Annual Leave accrual rates for Department Heads shall be as
follows:
1 to 60 Months — 7.0769 hours per pay period (equivalent to 23 eight -hour days
per year);
61 to 72 Months — 7.3846 hours per pay period (equivalent to 24 eight -hour days
per year),
73 to 84 Months — 7.6923 hours per pay period (equivalent to 25 eight -hour days
per year);
85 to 96 Months — 8.0000 hours per pay period (equivalent to 26 eight -hour days
per year),
97 to 108 Months — 8.3076 hours per pay period (equivalent to 27 eight -hour
days per year);
109 to 120 Months - 8.6153 hours per pay period (equivalent to 28 eight -hour
days per year);
121 to 132 Months — 8.9230 hours per pay period (equivalent to 29 eight -hour
days per year);
133 and above Months — 9.2307 hours per pay period (equivalent to 30 eight -
hour days per year, the maximum accrual rate).
1 e00116
Resolution No. 2008 -
Page 4
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 8.6153 hours per pay period
(equivalent to 28 eight -hour days per year), but in no event less than 7.0769 hours per
pay period (equivalent to 23 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.
At any time during the period of January 1 through June 15 of each year, the
Department Head may cash out up to eighty (80) hours of accumulated Annual Leave, if
the Department Head has taken ten (10) 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 — 6.1538 hours per pay period (equivalent to 20 eight -hour days
per year);
61 to 72 Months — 7.3846 hours per pay period (equivalent to 24 eight -hour days
per year);
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Resolution No. 2008 -
Page 5
73 to 84 Months — 7.6923 hours per pay period (equivalent to 25 eight -hour days
per year);
85 to 96 Months — 8.0000 hours per pay period (equivalent to 26 eight -hour days
per year);
97 to 108 Months — 8.3076 hours per pay period (equivalent to 27 eight -hour
days per year);
109 to 120 Months - 8.6153 hours per pay period (equivalent to 28 eight -hour
days per year);
121 to 132 Months — 8.9230 hours per pay period (equivalent to 29 eight -hour
days per year);
133 and above Months — 9.2307 hours per pay period (equivalent to 30 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 7.0769 hours per pay period (equivalent to 23 eight -hour days
per year), but in no event less than 6.1538 hours per pay period (equivalent to 20 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.
L i -s • 0 s s wi s• s s.. �'.
Vacation Leave
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Resolution No. 2008 -
Page 6
Department Heads: Eligible Department Heads shall accrue Vacation Leave with pay
as follows:
133 and above Months — 7.3846 hours per pay period (equivalent to 24 eight -
hour days per year, the maximum accrual rate).
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 may cash out up to
eighty (80) hours of accumulated Vacation Leave, if the Department Head has taken ten
(10) 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 shall accrue Vacation
Leave as follows:
109 and above Months - 6.7692 hours per pay period (equivalent to 22 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 vacation accrual beyond 384 hours shall not be
permitted unless written approval is received from the City Manager.
Sick Leave
Eligible Department Heads and Management Employees shall accrue Sick Leave in
accordance with the program approved by the City Council for Competitive Service
employees, and shall be subject to such other rules and regulations pertaining to Sick
Leave use and accrual as approved for Competitive Service employees in Section
13.6.2 of the Personnel Rules. Each eligible Department Head and Management
employee shall accrue sick leave at the rate of 3.0769 hours per pay period, equivalent
to ten (10) eight (8) -hour days per year.
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Resolution No. 2008 -
Page 7
- SECTION 5. OTHER LEAVE BENEFITS. Department Heads and Management
ED221P ees are entitled to receive the same leave of absenctTilitary leave s
jury dut)L be�reave�ment�leave�re�nanc�disa�bilit �Iegve, family and medical leaye, 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.
De artment Heads and Mana ement Em to ees ma be considered annugily for a
merit raise increase in salary according to the following provisions-
A. Any salary increase or denial of salary increase shall the specific
recommendation of the employee's department head and/or immediate
s
performance evaluation.
B. Eli ibis less than 7.0 out
of a total 10,0 scale shall not receive a merit increase. Those eligible employees
rated with a minimum commendable score of 7.0 or higher shall receive a five
percent (5%) merit increase, so lonq as the raise does not exceed the highest
step _gf_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. Salary
range advancement shall net be automatic
SECTION 7. INSURANCE AND HEALTH BENEFITS. Department Heads and
Management Employees of the City shall be entitled to the following insurance and
health benefits:
A. Dental and Vision Insurance
City shall continue to pay one hundred percent (100%) of premiums for
Department Head and Management Employees and eligible dependents'
coverage for the dental and vision insurance programs, consistent with that
coverage provided to Competitive Service employees.
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Resolution No. 2008 -
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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:
Medical Insurance Cafeteria Plan: 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 the PIERS 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. BeginniRg July 11 200 A_n 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). For employees electing to waive
medical insurance coverage for themselves, proof of alternative medical
insurance coverage shall be provided at the time of open enrollment each year,
and the employee shall certify he /she will continue such alternative coverage so
long as he /she receives an in -lieu payment. City agrees to provide this in -lieu
payment option only so long as provider does not object and this action is
consistent with applicable federal and state laws. Once the employee has
selected an option for insurance coverage and /or in -lieu payment that would
begin January 1 of the calendar year, he /she may not change his /her selected
option until the next open enrollment date of the medical insurance plan, except
as is permitted by law. All medical insurance costs that exceed the City's
maximum allowance for the calendar year shall be paid by the employee through
payroll deduction.
Comprehensive Pl�sical Examination After completion of the first year of
service with the City, 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
sevennine hundred and---fifty dollars ($75900.00) 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.
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
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Resolution No. 2008 -
Page 9
not to enroll in Medicare and the City shall pay the equivalent amount of the
employer's share as deferred compensation.
Management Employees: Management Employees shall be eligible to
participate in the same medical programs as are made available to Competitive
Service employees with the same contributions from the City toward the program
premiums as provided to Competitive Service employees.
C. Life Insurance
Department Heads: Department Heads shall be provided term life insurance
policies at one hundred fifty thousand dollar ($150,000) face value. Life
insurance coverage for dependents of Department Heads shall be the same as
that provided for Competitive Service employees.
Management Employees: Management Employees shall be provided term life
insurance policies at fifty thousand dollar ($50,000) face value. Life insurance
coverage for dependents of Management Employees shall be the same as that
provided for Competitive Service employees.
SECTION 8. SEPARATION BENEFITS. The Department Heads and the
Management Employees of the City shall be entitled to the following Separation
benefits:
Department Heads: 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 conviction of any misdemeanor concerning an act
related to their official duties or moral turpitude or convicted of any felony:
1 to 36 Months of service —
37 to 48 Months of service —
49 to 60 Months of service —
61 to 72 Months of service —
73 to 84 Months of service —
85 or more Months of service —
480 hours of paid severance
560 hours of paid severance
640 hours of paid severance
720 hours of paid severance
880 hours of paid severance
960 hours of paid severance
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 severance pay
described in the preceding paragraphs of this section; however, Department Heads that
accrue Sick Leave shall be eligible for a cash payment for accumulated Sick Leave as
described in the following paragraph.
If employed by the City of Moorpark for more than 180 cumulative months of service
(unpaid leave of absence time shall be deducted), the Department Head shall be
eligible to receive in cash payment seventy -five percent (75 %) of his /her Sick Leave
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Resolution No. 2008 -
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balance, accumulated as of the effective date of the voluntary or involuntary separation
for any reason other than if separated from service due to conviction of any
misdemeanor concerning an act related to their official duties or moral turpitude or
convicted of any felony. 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 "), 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 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
payment in cash upon approval of the City Manager.
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.
Management Employees: Management Employees that accrue Sick Leave shall be
eligible to receive the following benefits if voluntarily or involuntarily separated from
service with the City of Moorpark for any reason other than if separated from service
due to conviction of any misdemeanor concerning an act related to their official duties or
moral turpitude or convicted of any felony. If employed by the City of Moorpark for more
than 180 cumulative months of service (unpaid leave of absence time shall be
deducted), the Management Employee shall be eligible to receive in cash payment fifty
percent (50 %) of his /her Sick Leave balance, accumulated as of the effective date of the
separation. 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 "), 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 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 payment in cash upon approval of the City Manager.
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.
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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. After completion of sixty (60) cumulative
months of service, Department Heads and Management Employees shall be entitled to
longevity pay benefits to be paid each pay period based on the gross base salary for
that pay period, so long as the employee's performance evaluation is at least at a
commendable level (7.0 or higher score) and the employee is not on unpaid leave.
Longevity pay shall be calculated based on cumulative months of service as follows
(and unpaid leave of absence time shall be deducted):
Department Heads:
61 to 120 Months of service — one percent (1.0 %)
121 to 180 Months of service — one and one -half percent (1.5 %)
181 to 240 Months of service — two percent (2.0 %)
241 to 300 Months of service — two and one -half percent (2.5 %)
301 or more Months of service — three percent (3.0 %)
Management Employees:
121 to 180 Months of service — one percent (1.0 %)
181 to 240 Months of service — one and one -half percent (1.5 %)
241 to 300 Months of service — two percent (2.0 %)
301 or more Months of service — two and one -half percent (2.5 %)
SECTION 11. SUPPLEMENTAL LEAVE. Within the first 36 months of
employment with the City, a Department Head may receive thirty (30) days of
supplemental leave, which may be used only for a catastrophic illness or injury to the
employee. The leave provided by this Section shall have no cash value at the time of
separation of service from the City. Use of this leave shall be at the City Manager's sole
discretion, 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.
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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
Parks, Recreation & Community Services Director
$310.00
Deputy City Manager
$310.00
Public Works Director
$310.00
Assistant City Engineer
$200.00
Parks and Landscape Manager
$200.00
Planning Director
$200.00
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. 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 end of the first pay period in a calendar year, 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 Administrative Leave, Annual
Leave, and /or Vacation Leave cash -outs, as described in this Resolution, prorated over
26 pay periods in lieu of a one -time payment. If such option is selected, the Department
Head may designate all or a portion to be contributed to his /her 401A deferred
compensation plan and such payment shall be considered as an additional employer
contribution to such 401A account. Once this option is selected, it may not be changed
until the next calendar year.
Effective with CalPERS Compensation Review Unit approval, and beginning no earlier
than the first full pay period in July 2006, the City will report the value of Employer Paid
Member Contributions (EPMC) to CalPERS as additional compensation for all City
Department and Management employees that receive PERS retirement, pursuant to
Government Code Section 20636(c) and California Code of Regulations Section
571(a)(1)
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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
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 #hose Management Employees approved by the City
Mang er, ma receive reimbursement u #o a maximum of $325.00 for a smart hone
that functions as a Personal Digital Assistant (PDA). Prior to the purchase of the
smartphone, written approval must be received from the Information Systems
anager 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 the cell phone /smartphone acquisition rei b ur nentto verify compliance
with established standards. The monthly cell phone allowance shall be continued
through any approved and paid leave of absence.__ The monthly cell phone allowance
shall be discontinued or suspended for an unpaid leave of absence
SECTION 15. INCONSISTENT ACTIVITIES AND OUTSIDE EMPLOYMENT.
Department Head and Management employees shall not engage in regular outside
employment, activity or enterprise for compensation ( "outside employment ") without the
express written approval of the City Manager. In making a determination as to the
consistency or inconsistency of outside employment, activity, or compensation ( "outside
employment "), the City Manager shall consider the provisions of Government Code
Section 1126, including whether the employment involves:
A. The use for private gain or advantage of City time, facilities, equipment
and supplies, or
B. Receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of an
act which the employee, if not performing such act, would be required or
expected to render in the regular course or hours of his /her employment
with the City or as a part of his /her duties as a City employee, or
C. The performance of an act in other than his /her capacity as a City
employee which act may later subject directly or indirectly to the control,
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Resolution No. 2008 -
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inspection, review, audit, or enforcement of any other officer or employee
of the City, or
D. Such time demand as would render performance of his /her duties as a
City employee less efficient.
Employees may be allowed to engage in outside employment if such secondary
employment meets the following standards, as determined by the City Manager at
his /her sole discretion:
A. The outside employment is not inconsistent with the employee's
employment with the City;
B. The employee certifies that they will not contract with nor perform any
services directly or indirectly with a developer, property owner, firm,
partnership, and /or public agency(ies) owning property and /or processing
an entitlement application for property in the City or its Area of Interest
while employed by the City of Moorpark unless written consent is obtained
from the City Manager;
C. The employee certifies that he /she will not provide any services whether
for remuneration or not to any person or organization for any land use
entitlement or public or private improvement to real property including civil
and structural engineering services, or appear before any elected body or
appointed commission, committee or board of a general purpose
government (city or county) or special district located within the County of
Ventura, on behalf of any person or entity except the City of Moorpark.
D. The outside employment will not be demanding on the employee or carry
over into his /her regular duties;
E. The outside employment is such that no problem will arise as to the City's
responsibility for injury incurred on the outside job;
F. The outside employment will never be allowed to interfere with the policy
that the employee is always readily accessible in case of emergencies;
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:
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
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Resolution No. 2008 -
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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 48 hours may be converted to cash.
In Section 4, accrual rates for Annual Leave shall be revised to add: 145 -156
Months (year 13) of City employment shall be 9.5384 hours per pay period
(equivalent to 31 eight -hour days per year), the accrual rate for 157 to 168
Months (year 14) of City employment shall be 9.8461 hours per pay period
(equivalent to 32 eight -hour days per year), the accrual rate for 169 to 180
Months (year 15) of City employment shall be 10.1538 hours per pay period
(equivalent to 33 eight -hour days per year), the accrual rate for 181 to 192
Months (year 16) of City employment shall be 10.4615 hours per pay period
(equivalent to 34 eight -hour days per year), and the accrual rate for 193 and
above Months (year 17 and above) of City employment shall be 10.7692 hours
per pay period (equivalent to 35 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 for 193 and above Months
(year 17 and above) of City employment to 8.9231 hours per pay period
(equivalent to 29 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 ten (10)
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)
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Resolution No. 2008 -
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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
C omprehensive physical examination shall be twelve hundred dollars
x$1,200.00) and the amount of the Cif Manager term life insurance policy shall
be fe*s ed t two hundred fifty thousand dollars ($250,000).
In Section 8, for a City Manager with a grandfathered sick leave benefit, he /she
shall be eligible to receive in cash payment seventy -five percent (75 %) of his /her
Sick Leave balance accumulated as of the effective date of his /her voluntary or
involuntary separation from City service or upon his /her death. The cash
payment shall also be paid to any qualified beneficiaries, if the separation is due
to the death of the employee.
Consistent with Section 8, in the case of voluntary separation for retirement
under the City's retirement system ( "Service Retirement "), 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 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 payment in cash. This health savings benefit payment shall also be paid
to any qualified beneficiaries, if the separation occurs prior to retirement due to
the death of the employee
SECTION 17. RESCIND PRIOR RESOLUTION. Resolution No. 2007 -2 &5 -9619
is hereby rescinded, and the implementation of this new resolution for payroll purposes,
shall be applicable beginning with the paycheck dated July L7, 200?rApril 4, 2008.
SECTION 18. 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 19th day of March, 2008.
Patrick Hunter, Mayor
ATTEST:
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Resolution No. 2008 -
Page 17
Deborah S. Traffenstedt, City Clerk
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