HomeMy WebLinkAboutAGENDA REPORT 2017 1206 CCSA REG ITEM 09E ITEM 9.E.
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AGENDA REPORT ACTION: - ,
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TO: Honorable City Council aQn_3 ,a, _
FROM: Deborah S. Traffenstedt, Assistant City Manager "DST- ect •
DATE: November 20, 2017 (CC Meeting of 12/6/2017)
SUBJECT: Consider Resolution Adopting a Revised Management Benefits
Program and Rescinding Resolution No. 2017-3612
BACKGROUND AND DISCUSSION
The Management Benefits Resolution is proposed to be updated as shown with legislative
format in the attached draft resolution and as summarized below.
• Section 2 (Management Employee Definition on page 1) has a minor title correction.
• Section 12 (Car Allowance on page 21) has been revised to include the Assistant to
the City Manager position to receive a $150.00 a month car allowance, when
economic development responsibilities are assigned by the City Manager.
Additionally, this section has been revised to delete a car allowance for the
Community Services Manager position, as this allowance is not currently required.
• Section 15 (Inconsistent Activities and Outside Employment on pages 24 and 25)
has been revised to include reference to the potential for a conflict of interest as a
reason for the City Manager to not approve an outside employment activity or
enterprise for Department Heads and Management Employees.
GOVERNMENT CODE SECTION 54953(C)(3) ANNOUNCEMENT
Consistent with Section 54953(c)(3) of the Government Code and Section 2.5 of the City
Council Rules of Procedure, the Mayor, Mayor Pro Tempore, or other presiding officer shall
orally report a summary of a recommendation for a final action on the salaries, salary
schedules, or compensation paid in the form of fringe benefits of a local agency executive,
as defined in Section 3511.1(d)of the Government Code, during the open regular meeting
in which the final action is to be taken and prior to the motion to approve. Non-Competitive
Service employees are considered local agency executives per the State law definition
(which includes a chief executive officer, a deputy and assistant chief executive officer, a
department head, and a position held by an employment contract). All of the City's
department heads and other management employees have an employment agreement.
The compensation change proposed in the revised Management Benefits Resolution that
would require the oral summary report announcement is the car allowance of$150.00 per
month for the Assistant to the City Manager, when economic development responsibilities
347
Honorable City Council
December 6, 2017, Regular Meeting
Page 2
are assigned for this position by the City Manager. This isn't actually new compensation,
since a car allowance of$150.00 per month has been paid in the past for other employees
who have been assigned the economic development responsibilities, but had different
position titles. Staff recommends making the Government Code Section 54953(c)(3)
announcement for full disclosure.
FISCAL IMPACT
There will be no fiscal impact related to the proposed revisions to the Management
Benefits Resolution. The car allowance for the Assistant to the City Manager position isn't
actually new compensation, since a car allowance of$150.00 per month has been paid in
the past for other employees who have been assigned the economic development
responsibilities, but had different position titles.
STAFF RECOMMENDATION ROLL CALL VOTE
1. Prior to a motion to adopt the Management Benefits Resolution, the Mayor shall
make an oral summary report for compliance with Section 54953(c)(3) of the
Government Code as follows: Staff is recommending the City Council approve a
revised Management Benefits Resolution that includes a car allowance of$150.00
per month for the Assistant to the City Manager, when economic development
responsibilities are assigned for this position by the City Manager; and
2. Adopt Resolution No. 2017- , rescinding Resolution No. 2017-3612.
Attachment: Draft Resolution
•
348
RESOLUTION NO. 2017-3612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING A REVISED
BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES
AND RESCINDING RESOLUTION NO. 20167-353-1-612
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. 201 67-3531 61 2 adopted on July 65, 20167,
previously established a revised benefit program for management employees and is
now proposed to be rescinded and a revised program adopted to modify language in
I Sections 2, 412, a-4;and 165.
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 the City Manager, Administrative
Services Manager, Associate Civil Engineer, Budget and Finance Manager, City Clerk,
Deputy Community Development Director, Community Services Manager, Deputy
Finance Director, Economic Development and Housing Manager, Economic
Development and Planning Manager, Finance/Accounting Manager, Human Resources
Analyst, Information Systems Manager, Information Systems Analyst, Landscape/Parks
Maintenance Superintendent, Management Analyst, Parks and Facilities Supervisor,
Parks and Landscape Manager, Planning Manager, Principal Planner, Public Works
Manager, Public Works Superintendent/Inspector, Public Works Supervisor, Recreation
Services Manager, Recreation Supervisor, Senior Civil Engineer, Senior Housing
Analyst, Senior Human Resources Analyst, Senior Information Systems Analyst, Senior
349
Resolution No. 2017-3612
Page 2
Management Analyst, and such other classifications as the City Council may from time
to time designate by resolution as being Management Employee positions.
SECTION 3. ADMINISTRATIVE LEAVE. The Department Heads and the
Management Employees of the City shall be entitled to the following Administrative
Leave benefits:
Department Heads: Department Heads shall be granted Administrative Leave at the
rate of ninety-six (96) hours per year, accrued at the rate of 3.6923 hours per pay
period. The amount of Administrative Leave earned will be prorated if service is less
than one year.
Administrative Leave must be taken by the end of the calendar year ending December
31. Any unused, accumulated Administrative Leave totaling sixteen (16) hours or less
at the end of a calendar year Will be automatically converted to Annual Leave or
Vacation Leave (Vacation Leave is a grandfathered benefit as described in Section 4).
Any accumulated Administrative Leave exceeding sixteen (16) hours at the end of a
calendar year will not be carried over, and all Administrative Leave balances will be zero
(0) at the beginning of each new calendar year. It is the responsibility of the
Department Head to not permit the accumulated Administrative Leave exceeding
sixteen (16) hours to remain after December 31 of any calendar year. Department
Heads who terminate employment shall be paid for accumulated Administrative Leave
as of their termination of employment date based upon their then regular rate of pay.
Management Employees: Management Employees at salary range 67 or higher shall
be granted Administrative Leave at the rate of forty-eight (48) hours per year, accrued at
the rate of 1.8461 hours per pay period. Management Employees at a salary range
lower than range 67 shall be granted Administrative Leave at the rate of twenty-four (24)
hours per year, accrued at the rate of .9231 hours per pay period. The City Manager
may approve the Recreation Supervisor position at Range 62 to receive Administrative
Leave at the rate of forty-eight (48) hours per year, accrued at the rate of 1.8461 hours
per pay period, if the Recreation/Community Services Manager position is vacant and
there is no Recreation Services Manager. The amount of Administrative Leave earned
will be prorated if service is less than one year.
Administrative Leave must be taken by the end of the calendar year ending December
31. Any unused, accumulated Administrative Leave totaling eight (8) hours or less at
the end of a calendar year will be automatically converted to Annual Leave or Vacation
Leave. Any accumulated Administrative Leave exceeding eight (8) hours at the end of a
calendar year will not be carried over, and all Administrative Leave balances will be zero
(0) at the beginning of each new calendar year. It is the responsibility of the
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.
350
Resolution No. 2017-3612
Page 3
During the month of January of each year, and following completion of one full year of
Management service, a Management Employee may be approved by the City Manager
to receive up to an additional twenty-four (24) hours of Administrative Leave if a rating
of "commendable" or higher was received on his/her most recent performance
evaluation and the employee's Department Head has submitted written verification to
the City Manager that the employee has spent an inordinate amount of additional work
hours in performance of service to the City during the prior calendar year.
SECTION 4. ANNUAL LEAVE, VACATION LEAVE, AND SICK LEAVE. All
new Department Heads and Management Employees will accrue Annual Leave versus
separate Vacation and Sick Leave accruals. Department Heads and Management
Employees that receive grandfathered Vacation and Sick Leave in lieu of Annual Leave
will be subject to the Vacation and Sick Leave accrual provisions in this resolution.
Annual Leave
Department Heads and Management Employees shall accrue Annual Leave in
accordance with the accrual rates given below, with the exception of those employees
with a grandfathered Vacation Leave/Sick Leave benefit. The dates for using Annual
Leave may be selected by an employee, but shall be approved by the supervisor,
department head, or City Manager, who shall consider the wishes of the employee and
the service needs of the City. In the event that one or more municipal holidays fall
within the requested Annual Leave time period, such holiday equivalent to eight hours
shall not be charged as Annual Leave. Employees who terminate employment shall be
paid for accumulated Annual Leave based upon their then current rate of pay. The
estate of a deceased employee shall be paid the amount of that person's accumulated
Annual Leave.
The dates for using annual leave may be selected by an employee, but shall be
approved by the City Manager or his/her designee, who shall consider the wishes of the
employee and the service needs of the City. Generally, use of Annual Leave shall
require a minimum of one (1) pay period advance approval for use of Annual Leave,
with the exception that two work days may be taken as Annual Leave in any calendar
year with only two (2) work days advance approval. Employees would be allowed to
use in a calendar year the equivalent of the amount of Annual Leave that would be
accrued during six (6) months at the employee's then current rate of entitlement to
attend to an illness of a child, parent, spouse, or domestic partner of the employee,
consistent with the "Kin Care Law" (Labor Code Sections 233-234), and up to a
maximum of three (3) days or twenty-four (24) hours of that same six (6) months accrual
of Annual Leave for "Kin Care" may be used as permitted by the "Paid Sick Leave Law"
(Labor Code Sections 245-249). This section does not extend the maximum period of
leave to which an employee is entitled under Section 12945.2 of the Government Code
or under the federal Family and Medical Leave Act. For any unscheduled Annual
Leave that exceeds three (3) consecutive work days, a supervisor may require a
physician's written certificate, when in the judgment of the supervisor, the employee's
351
Resolution No. 2017-3612
Page 4
reasons for being absent, because of alleged sickness or emergency, are inadequate.
Unscheduled Annual Leave that exceeds the cumulative work days permitted by the
"Kin Care Law" and the "Paid Sick Leave Law" in any calendar year may result in
disciplinary action.
When Annual Leave has not been approved in advance, an employee shall at a
minimum: 1) Provide their supervisor with a telephone message prior to or within one-
half hour after the time set for the employee's work shift to begin; and 2) the employee
shall speak to their supervisor, or if not available speak to the person designated by the
department head or City Manager to receive such verbal notice, prior to or within two
hours after the time set for the employee's work shift to begin. When Annual Leave is
used without pre-approval for the purposes of a medical emergency, the employee shall
be expected to remain at home during the hours for which Annual Leave is to be
charged, with the exception of the time an employee needs to leave their residence for
the of medical
1.__ L medical treatment,
L 1/ 1 1 L' 1
purposes a medical appoinment, treatment, and/or related activities, and
for the purpose of providing transportation (such as transportation to and from school or
childcare) for their dependents, including a child, parent, spouse, or domestic partner of
the employee.
Annual Leave shall be accrued per pay period on a pro-rata basis, with the exception of
any unpaid leave of absence time, in accordance with the following accrual rates and
maximum accrual amounts.
Department Heads: Annual Leave accrual rates for Department Heads shall be as
follows:
1 to 60 Months — 7.70 hours per pay period (equivalent to approximately 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 — 8.31 hours per pay period (equivalent to approximately 27
eight-hour days per year);
85 to 96 Months — 8.62 hours per pay period (equivalent to approximately 28
eight-hour days per year);
97 to 108 Months — 8.93 hours per pay period (equivalent to approximately 29
eight-hour days per year);
109 to 120 Months — 9.24 hours per pay period (equivalent to approximately 30
eight-hour days per year);
121 to 132 Months — 9.54 hours per-pay period (equivalent to approximately 31
eight-hour days per year);
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Resolution No. 2017-361-2
Page 5
133 and above Months — 9.85 hours per pay period (equivalent to approximately
32 eight-hour days per year, the maximum accrual rate).
In the event a Department Head was employed by another public agency (city, county,
or special district) at the time or within one year of his/her appointment with the City, the
Department Head may be offered at the time of appointment an Annual Leave accrual
rate that is subject to the following restrictions: The Annual Leave rate must be at
generally the same rate he/she was accruing Annual Leave at the other agency, or will
be based on annual Vacation Leave accrual combined with 60 percent (60%) of annual
Sick Leave accrual at the time he/she left that prior position, not to exceed the accrual
rates listed herein above, and not to exceed a maximum of 9.24 hours per pay period
(equivalent to approximately 30 eight-hour days per year), but in no event less than 7.70
hours per pay period (equivalent to approximately 25 eight-hour days per year). He/she
will continue to accrue Annual Leave at that rate until such time as he/she would be
eligible for the next increase in accrual rate based on cumulative years of service with
the City of Moorpark, consistent with rates listed herein above. All accrual rates shall be
calculated based on an eight-hour day. The minimum increment of Annual Leave that
may be used is one quarter hour (15 minutes).
Department Heads receiving Annual Leave may accrue up to a maximum accumulated
Annual Leave balance of four hundred eighty (480) hours of Annual Leave. When a
Department Head's accumulated Annual Leave balance reaches the stated maximum
number of hours, accrual of Annual Leave shall cease. The Department Head shall not
accrue further Annual Leave until such time as their accumulated Annual Leave balance
again falls below the maximum. The City Manager may approve in writing the accrual of
up to an additional one hundred twenty (120) hours of Annual Leave based on City
needs. The City Manager may once in any fiscal year restore any Annual Leave not
accrued as a result of exceeding the maximum accumulated Annual Leave balance if
the use of Annual Leave has been delayed by the City due to unusual or emergency
conditions as determined by the City Manager, so long as such restoration does not
result in a total accumulated Annual Leave balance exceeding six hundred (600) hours
of Annual Leave at any time.
After no less than three years (36 months) of employment with the City of Moorpark for
a new Department Head and no less than two years (24 months) of employment as a
Department Head following promotion from a City Management Employee position, the
Department Head may cash out up to eighty (80) hours of accumulated Annual Leave at
any time during the period of January 1 through June 15 of each year, if the Department
Head has taken no less than fifteen (15) days of paid leave time within the prior twelve
•
(12)-month period.
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
353
Resolution No. 2017-3612
Page 6
the Department Heads shall remain at the new maximum accumulated rate. If the
restriction is retroactively lifted, the maximum accumulated balance shall revert to the
maximum number of hours specified in this resolution. Should the Council impose a
restriction for more than one consecutive year, and less than the full term of the
restriction is lifted, the maximum accumulated leave balance shall be reduced only by
that amount of time for which the restriction is lifted.
In Fiscal Year 2017-18, a Department Head will also be eligible for a one-time cash out
of up to twenty (20) hours of Annual Leave for either the first pay period beginning in
September 2017 or first pay period beginning in March 2018, and provided that the
requesting Department Head's accumulated Annual Leave balance is not less than sixty
(60) hours before cash out.
Management Employees: Annual Leave accrual rates for Management Employees
sI IQII UC as IUIIUVVJ.
1 to 60 Months — 6.77 hours per pay period (equivalent to approximately 22
eight-hour days per year);
61 to 72 Months — 8.0000 hours per pay period (equivalent to 26 eight-hour days
per year);
73 to 84 Months — 8.31 hours per pay period (equivalent to approximately 27
eight-hour days per year);
85 to 96 Months — 8.62 hours per pay period (equivalent to approximately 28
eight-hour days per year);
97 to 108 Months — 8.93 hours per pay period (equivalent to approximately 29
eight-hour days per year);
109 to 120 Months — 9.24 hours per pay period (equivalent to approximately 30
eight-hour days per year);
121 to 132 Months — 9.54 hours per pay period (equivalent to approximately 31
eight-hour days per year);
133 and above Months — 9.85 hours per pay period (equivalent to approximately
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
354
Resolution No. 2017-3642
Page 7
(60%) of annual Sick Leave accrual at the time he/she left that prior position, not to
exceed a maximum of 7.70 hours per pay period (equivalent to 25 eight-hour days per
year), but in no event less than 6.77 hours per pay period (equivalent to approximately
22 eight-hour days per year). He/she will continue to accrue Annual Leave at that rate
until such time as he/she would be eligible for the next increase in accrual rate based on
cumulative years of service with the City of Moorpark, consistent with rates listed herein
above. All accrual rates shall be calculated based on an eight-hour day. The minimum
increment of Annual Leave that may be used is one quarter hour (15 minutes).
Management Employees receiving Annual Leave may accrue up to a maximum
accumulated Annual Leave balance of three hundred sixty (360) hours of Annual Leave.
When a Management Employee's accumulated Annual Leave balance reaches the
stated maximum number of hours, accrual of Annual Leave shall cease. The
Management Employee shall not accrue further Annual Leave until such time as their
accumulated Annual Leave balance again falls. below 1-C IdxIIUI . The City Manager
may approve in writing the accrual of up to an additional one hundred and twenty (120)
hours of Annual Leave based on City needs. The City Manager may once in any fiscal
year restore any Annual Leave not accrued as a result of exceeding the maximum
accumulated Annual Leave balance if the use of Annual Leave has been delayed by the
City due to unusual or emergency conditions as determined by the City Manager, so
long as such restoration does not result in a total accumulated Annual Leave balance
exceeding four hundred eighty (480) hours of Annual Leave at any time.
In Fiscal Year 2017-18, a Management Employee will also be eligible for a one-time
cash out of up to twenty (20) hours of Annual Leave for either the first pay period
beginning in September 2017 or first pay period beginning in March 2018, and provided
that the requesting Management Employee's accumulated Annual Leave balance is not
less than sixty (60) hours before cash out.
Vacation Leave
Department Heads: Eligible Department Heads with a grandfathered Vacation Leave
benefit, based on a hire date with the City prior to 1989, shall accrue Vacation Leave
with pay as follows:
8.00 hours per pay period (equivalent to 26 eight-hour days per year, the
maximum accrual rate).
For eligible employees, Vacation Leave shall be accrued per pay period on a pro-rata
basis, with the exception of any unpaid leave of absence time. The minimum increment
of Vacation Leave that may be used is one quarter hour (15 minutes). The dates for
using Vacation Leave may be selected by an employee, but shall be approved by the
City Manager, who shall consider the wishes of the employee and the service needs of
the City.
355
Resolution No. 2017-3612
Page 8
In the event that one or more municipal holidays fall within the vacation time, such
holiday equivalent to eight hours shall not be charged as Vacation Leave. Employees
who terminate employment shall be paid for accumulated Vacation Leave based upon
their then current rate of pay. The estate of a deceased employee shall be paid the
amount of that person's accumulated Vacation Leave.
Eligible Department Heads receiving Vacation Leave may accrue up to a maximum
accumulated Vacation Leave balance of four hundred and sixty-four (464) hours of
Vacation Leave. When a Department Head's accumulated Vacation Leave balance
reaches the stated maximum number of hours, accrual of Vacation Leave shall cease.
The City Manager may approve a Department Head to accrue an additional one
hundred twenty (120) hours of Vacation Leave based on City needs. Additional
Vacation Leave accrual beyond the stated maximum number of hours shall require the
written approval of the City Manager. The City Manager may once in any fiscal year
restore any Vacation Leave not accrued as a result of exceeding the maximum
accumulated Vacation Leave balance if the use of Vacation Leave has'been delayed by
the City due to unusual or emergency conditions as determined by the City Manager, so
long as such restoration does not result in a total accumulated Vacation Leave balance
exceeding five hundred eighty-four (584) hours of Vacation Leave at any time.
At any time during the period of January 1 through June 15 of each year, the
Department Head with a grandfathered Vacation Leave benefit may cash out up to
eighty (80) hours of accumulated Vacation Leave, if the Department Head has taken no
less than fifteen (15) days of paid leave time within the prior twelve (12)-month period.
The City Council may unilaterally restrict the cash out for any single fiscal year. In such
case, the maximum accumulated Vacation Leave for the Department Heads shall be
increased by the eighty (80) hours until such time as said restriction is lifted. Unless the
restriction is retroactively lifted, the maximum accumulated leave for the Department
Heads shall remain at the new maximum accumulated leave rate. If the restriction is
retroactively lifted, the maximum accumulated leave shall revert to the maximum
number of hours specified in this resolution. Should the Council impose a restriction for
more than one consecutive year, and less than the full term of the restriction is lifted, the
maximum accumulated leave shall be reduced only by that amount of time for which the
restriction is lifted.
In Fiscal Year 2017-18, a Department Head with a grandfathered Vacation Leave
benefit will also be eligible for a one-time cash out of up to twenty (20) hours of Vacation
Leave for either the first pay period beginning in September 2017 or first pay period
beginning in March 2018, and provided that the requesting Department Head's
accumulated Vacation Leave balance is not less than sixty (60) hours before cash out.
Management Employees: Eligible Management Employees with a grandfathered
Vacation Leave benefit, based on a hire date with the City prior to 1989, shall accrue
Vacation Leave as follows:
356
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I Resolution No. 2017--361-2
Page 9
7.39 hours per pay period (equivalent to approximately 24 eight-hour days per
year, the maximum accrual rate).
For eligible employees, Vacation Leave shall be accrued per pay period on a pro-rata
basis, with the exception of any unpaid leave of absence time. The minimum increment
of Vacation Leave that may be used is one quarter hour (15 minutes). The dates for
using Vacation Leave may be selected by an employee, but shall be approved by the
supervisor, department head, or City Manager, who shall consider the wishes of the
employee and the service needs of the City.
Eligible Management Employees may accrue up to a maximum of three hundred forty-
four (344) hours of Vacation Leave before accruals cease. The City Manager may
permit a Management Employee to accrue an additional one hundred and twenty (120)
hours of Vacation Leave based on City needs. Additional Vacation Leave accrual
beyond 344 hours shall not be permitted unless written approval is received from the
City Manager. The City Manager may once in any fiscal year restore any Vacation
Leave not accrued as a result of exceeding the maximum accumulated Vacation Leave
balance if the use of Vacation Leave has been delayed by the City due to unusual or
emergency conditions as determined by the City Manager, so long as such restoration
does not result in a total accumulated Vacation Leave balance exceeding four hundred
sixty-four (464) hours of Vacation Leave at any time.
In Fiscal Year 2017-18, a Management Employee with a grandfathered Vacation Leave
benefit will also be eligible for a one-time cash out of up to twenty (20) hours of Vacation
Leave for either the first pay period beginning in September 2017 or first pay period
beginning in March 2018, and provided that the requesting Management Employee's
accumulated Vacation Leave balance is not less than sixty (60) hours before cash out.
Sick Leave
Eligible Department Heads and Management Employees with a grandfathered Sick
Leave benefit, based on a hire date with the City prior to 1989, shall accrue Sick Leave
in accordance with the following provisions.
A. Sick Leave Accrual. The Employee shall accrue Sick Leave at the rate of 3.08
hours per pay period (equivalent to approximately 10 eight-hour days per year).
B. Allowable Uses. Use of Sick Leave shall be allowed consistent with California's
Kin Care law (Labor Code Sections 233-234) and California's Paid Sick Leave
Law (Labor Code Sections 245-249) and including to supplement Workers
Compensation for a job related injury or illness.
C. General Provisions
The General Provisions of this section will be enforced with the exception of any
provisions that are inconsistent with California's Kin Care law (Labor Code
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I Resolution No. 2017-3612
Page 10
Sections 233-234) and California's Paid Sick Leave Law (Labor Code Sections
245-249).
1. In order to receive compensation while absent on Sick Leave, the
Employee shall notify his/her immediate supervisor or the person
designated by the supervisor, Department Head, or City Manager of
his/her illness or injury and location. Such notice shall at a minimum
require:
a) That the supervisor or the person designated by the supervisor,
Department Head, or City Manager to receive such verbal notice is
provided a telephone message prior to or within one hour after the
time set for the Employee's work shift to begin; and
b) T hat the Employee Speak to rile super Visor, or if not available
speak to the person designated by the supervisor, Department
Head, or City Manager to receive such verbal notice, prior to or
within one-half hour after the time set for the Employee's work shift
to begin. The Employee shall remain at home during the hours for
which Sick Leave is to be charged, with the exception of the time
an Employee needs to leave their residence for the purposes of a
medical appointment, medical treatment, and/or related activities.
Employees using Sick Leave would also be permitted to leave their
residence for the purpose of providing transportation for their
immediate family members (such as transportation to and from
school or childcare).
2. The supervisor, Department Head, or City Manager may at his/her
discretion require an Employee to submit a physician's written certificate,
when the Employee has been absent on Sick Leave for more than three
(3) consecutive regular work shifts. When in the judgment of the City
Manager the Employee's reasons for being absent because of alleged
sickness are inadequate, the Employee will be required to use other
accumulated Vacation or Administrative Leave for the absence.
3. An Employee who becomes ill or injured while on vacation may have the
use of Sick Leave substituted for use of Vacation Leave, if a written
request for substitution of Sick Leave is submitted and approved by the
City Manager or his or her designee. The Employee may be required to
submit a physician's written certificate as verification.
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
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Resolution No. 2017-3642
Page 11
Leave prior to the close of the work day, such paid Sick Leave shall be
calculated to the nearest one-quarter hour.
5. Observed holidays occurring during Sick Leave use shall not be charged
against an Employee's accumulated Sick Leave.
6. In the event that an Employee uses all the Sick Leave he/she has
accumulated, he/she shall then have Vacation Leave or Administrative
Leave he/she has accumulated deducted for each work day he/she is
absent due to qualifying medical reason. Vacation Leave or Administrative
Leave shall continue to be deducted until the Employee either returns to
work or all accumulated Vacation Leave and Administrative Leave is used.
The Employee may apply to receive a leave of absence without pay, if the
Employee does not have any accumulated Vacation Leave, Sick Leave, or
Administrative QIIVC LCave. This section does not extend the maximum period
of leave to which an employee is entitled under Section 12945.2 of the
Government Code or under the federal Family and Medical Leave Act.
D. Sick Leave Approval
1. An Employee using more than the equivalent of the amount of Sick Leave
that would be accrued during six months at the employee's then current
rate of entitlement n a calendar year may be notified that a physician's
certificate is to be provided to the supervisor with each absence due to
illness or injury until his/her Sick Leave balance reaches forty (40) hours.
This provision will not normally be invoked if the circumstances, which
cause the Employee's Sick Leave use, included extended illness or
recovery from surgery, and a physician's certificate was already provided,
and if the Sick Leave use is found to be consistent with California's Kin
Care law (Labor Code Sections 233-234) and California's Paid Sick Leave
Law (Labor Code Sections 245-249).
2. Use of Sick Leave following notice of resignation shall require the
Employee to provide a physician's certificate to verify need for the
absence from work, with the exception of Sick Leave use that is found to
be consistent with California's Kin Care law (Labor Code Sections 233-
234) and California's Paid Sick Leave Law (Labor Code Sections 245-
249).
E. Conversion of Sick Leave
So long as an Employee has at least 280 accumulated Sick Leave hours as of
December 31 of any year, the Employee may choose to convert up to forty (40)
hours of the accumulated Sick Leave to Vacation Leave. The Employee must
submit his/her written declaration to convert up to forty (40) hours of accumulated
Sick Leave to accumulated Vacation Leave to the City Manager between
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January 1 and January 31 following the qualifying annual conversion period
ending December 31 of the prior year. Once the Sick Leave is converted to
Vacation Leave, it shall be subject to the maximum accumulated Vacation Leave
permitted by this resolution.
F. Cash-Out of Sick Leave
A Department Head and Management Employee with a grandfathered Sick
Leave benefit will be eligible once annually to cash out in one pay period up to
eighty (80) hours of Sick Leave at the seventy-five percent (75%) rate specified
in the Section 8 Sick Leave Accrual Benefit Voluntary and Involuntary Separation
Benefits sections, provided that the requesting Department Head or Management
Employee's accumulated Sick Leave balance is not less than six hundred (600)
hours before cash out. The intent of this cash-out is to reduce the total
accumulated Sick Leave balance that would otherwise be eligible to be cashed
out at a potentially higher rate of pay at the time of voluntary or involuntary
separation. The City Council may unilaterally restrict the annual Sick Leave cash
out of up to 80 hours for any single fiscal year, by not including funding in the
fiscal year budget; however, this restriction does not apply to the separation
benefit described in Section 8.
SECTION 5. OTHER LEAVE BENEFITS. Department Heads and
Management Employees are entitled to receive the same leave of absence, military
leave, holidays, jury duty, bereavement leave, pregnancy disability leave, family and
medical leave, and California Family Rights Act leave benefits provided to Competitive
Service employees, as described in the City's adopted Personnel Rules.
SECTION 6. SALARY. The Department Heads and the Management
Employees of the City shall be entitled to the following Salary benefits:
Department Heads and Management Employees shall be subject to the Salary Plan
adopted by the City Council resolution for Competitive Service and Non-Competitive
Service employees. Department Heads and Management Employees shall be eligible
for the same "cost-of-living" adjustments and Spanish language bilingual pay as may be
granted from time to time by the City Council to Competitive Service employees.
Nothing herein shall preclude the City Council from granting Department Heads and
Management Employees adjustments and bilingual pay above those granted to the
Competitive Service employees.
Department Heads and Management Employees may be considered annually for a
merit raise increase in salary according to the following provisions:
A. Any salary increase or denial of salary increase shall require the specific
recommendation of the employee's department head and/or immediate
supervisor and the approval of the City Manager following completion of a written
performance evaluation.
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B. The City Manager shall have authority to establish and modify written
performance evaluation procedures, including the evaluation form(s) to be used
and minimum overall score required to obtain a merit raise, and the written
procedures shall be applied consistently to all Department Head and
Management Employees. The maximum annual merit raise is five percent (5%),
not to exceed the highest step of the applicable salary range.
C. Any salary increase granted pursuant to this Section shall be effective as of the
first calendar day of the pay period in which the anniversary date occurs, unless
a merit raise is not approved or is deferred, as recommended by the Department
Head, and as determined by the City Manager based on performance or
discipline, and may also be deferred based on unpaid leave. Salary range
advancement shall not be automatic.
Payment for Spanish language bilingual pay shall be consistent with the City's adopted
Salary Plan, subject to qualification as determined by the City Manager at his or her
sole discretion.
SECTION 7. INSURANCE AND 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
During Fiscal Year 2017-18, City shall continue to pay one hundred percent
(100%) of premiums for Department Head and Management Employees and
eligible dependents' coverage for the dental and vision insurance programs,
consistent with that coverage provided to-Competitive Service employees. City
reserves the right to change the benefit provider, but agrees to maintain
generally the same level of dental and vision insurance coverage for employee
and dependents during Fiscal Year 2017-18, although the specific benefits may
vary to some extent based on the package of benefits offered and the approved
provider network for dental and vision insurance.
B. Medical Insurance and Health Benefits
The City's obligation for medical insurance and health benefits for Department
Heads shall be as follows:
Department Heads:
1. Medical Insurance Cafeteria Plan
a) Employed by City as Department Head Prior to July 1, 2010: -
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For calendar years 2017 and 2018, the City shall continue a
cafeteria plan (Section 125 Premium-Only Plan) for medical
insurance, and the City's contribution for each employee shall
consist of a medical insurance allowance of up to a maximum of
ninety percent (90%) of the average of the 2013 and 2016 PERS
Care insurance Preferred Provider Organization (PPO) plan family
rate, and such contribution shall be inclusive of the minimum
CaIPERS medical insurance payment amount as specified in
Section 22892 et seq. of the Government Code.
Effective January 1, 2019, for Department Heads employed prior to
July 1, 2010, the City shall continue a cafeteria plan (Section 125
Premium-Only Plan) for medical insurance, and the City's
contribution for each employee with the grandfathered benefit shall
L 4 ..�:__� allowance
t hundred
1
consist of a medical insu anc allowa ce of one IIUIIUred percent
(100%) of the PERS Choice insurance Preferred Provider
Organization (PPO) plan family rate, and such contribution shall be
inclusive of the minimum CaIPERS 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
twenty-four (24) pay periods in a calendar year; and upon
termination of employment, the in-lieu payment shall be prorated for
the final paycheck, based on actual days worked, including any use
of paid accumulated leave or holiday pay in that final pay period.
For employees electing to waive medical insurance coverage for
themselves and eligible dependents, proof of alternative medical
insurance coverage shall be provided at the time of open
enrollment each year, and the employee shall certify he/she will
continue such alternative coverage so long as he/she receives an
in-lieu payment. City agrees to provide this in-lieu payment option
only so long as provider does not object and this action is
consistent with applicable federal and state laws, including the
Affordable Care Act or any successor thereto. 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
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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 or service VVIl. the City, all 'Department
epaaue_a t eads are eligible for a City-
paid comprehensive physical examination every two (2) years prior to age
50, and every year after age 50, with a maximum, cumulative City
contribution of nine hundred dollars ($900.00) for each pre-approved
comprehensive physical examination, as a supplement for costs not
covered or funded by medical insurance (including any specialized
examinations, tests, follow-up tests, and laboratory costs). To be eligible
for the benefit, the Department Head shall obtain the prior written approval
of the City Manager.
3. Grandfathered Medicare Exemption: Those Department Heads and/or
City Manager hired prior to April 1, 1986, that were exempted from
payment of the Medicare portion of Social Security, shall have the option
of either enrolling in the Medicare Program (if allowed by the Social
Security Administration) with the City paying the employer's share of such
costs, or the eligible employee may choose not to enroll in Medicare and
the City shall pay the equivalent amount of the employer's share as
deferred compensation.
Management Employees:
Management Employees shall be eligible to participate in the same medical
programs as are made available to Competitive Service employees with the
same contributions from the City toward the program premiums as provided to
Competitive Service employees.
C. Life Insurance
Department Heads: Department Heads shall be provided term life insurance
policies at one hundred fifty thousand dollar ($150,000) face value. Life
insurance coverage for dependents of Department Heads shall be the same as
that provided for Competitive Service employees.
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Management Employees: Management Employees shall be provided life
insurance policies at seventy-five thousand dollar ($75,000) face value. Life
insurance coverage for dependents of Management Employees shall be the
same as that provided for Competitive Service employees.
SECTION 8. SEPARATION BENEFITS. The Department Heads and the
Management Employees of the City shall be entitled to the following Separation
benefits:
Department Heads
A. Involuntary Separation without Cause.
1. Paid Severance. Department Heads shall be eligible to receive the
following paid severance benefits at his/her then current salary rate, for
cumulative months of service with the City of Moorpark (unpaid leave of
absence time shall be deducted), if involuntarily separated from service
with the City of Moorpark for any reason other than if separated from
service due to cause, including but not limited to conviction of any
misdemeanor concerning an act related to their official duties or moral
turpitude or convicted of any felony:
0 to 12 Months of service - 4 weeks of paid severance
13 to 24 Months of service - 6 weeks of paid severance
25 to 36 Months of service - 9 weeks of paid severance
37 to 48 Months of service - 12 weeks of paid severance
49 to 60 Months of service - 14 weeks of paid severance
61 to 72 Months of service - 16 weeks of paid severance
73 to 84 Months of service - 18 weeks of paid severance
85 to 96 Months of service - 22 weeks of paid severance
97 to 240 Months of service - 24 weeks of paid severance
241 or more Months of service - 25 weeks of paid severance
2. Sick Leave Accrual Benefit. Department Heads with a grandfathered
Sick Leave accrual benefit shall be eligible for a cash payment for
accumulated Sick Leave of seventy-five percent (75%) of his/her Sick
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Leave balance, accumulated as of the effective date of the involuntary
separation. The cash payment shall also be paid to any qualified
beneficiaries, if the separation is due to the death of the employee.
3. Retirement Health Savings Benefit for Employees Hired Prior to
January 1, 2014. In the case of involuntary separation after no less than
fifteen (15) years (180 months) of cumulative service with the City of
Moorpark, the City shall pay a retirement health savings benefit payment
of $75.00 for each full month of service into the Department Head's 457
and/or 401(a) deferred compensation accounts at the time of separation of
employment; and after no less than twenty (20) years (240 months) of
cumulative service with the City of Moorpark, the City shall pay $100.00
for each full month of service into the Employee's 457 and/or 401(a)
deferred compensation account(s) at the time of separation of
i_...,..._...r it the Department
r i �_�� alreadyreached the If Depal tment Head has the maximum
contribution limit for the year in their deferred compensation plan
account(s), including catch-up provision, he/she may elect to receive the
retirement health savings benefit payment in cash upon written approval of
the City Manager. The retirement health savings benefit shall be paid to
any qualified beneficiaries, based on the eligibility established for a
voluntary separation, if the separation occurs prior to retirement due to the
death of the employee. This retirement benefit applies only to employees
hired prior to January 1, 2014.
B. Voluntary Separation.
1. No Eligibility for Severance Pay. In cases of voluntary separation from
service with the City, including retirement under the City's retirement
system ("Service Retirement"), or death of the employee, Department
Heads shall not be eligible for the Involuntary Separation without Cause
paid severance for Department Heads described in Section 8.A.1. on the
prior page.
2. Accumulated Sick Leave Benefit. Department Heads with a
grandfathered Sick Leave accrual benefit shall be eligible for a cash
payment for accumulated Sick Leave of seventy-five percent (75%) of
his/her Sick Leave balance, accumulated as of the effective date of the
voluntary separation. The cash payment for accumulated Sick Leave shall
also be paid to any qualified beneficiaries, if the separation is due to the
death of the employee.
3. Retirement Health Savings Benefit for Employees Hired Prior to
January 1, 2014. In the case of voluntary separation for retirement under
the City's retirement system ("Service Retirement"), and after no less than
ten (10-) years (120 months) of cumulative service with the City of
Moorpark, the City shall pay a retirement health savings benefit payment
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Resolution No. 2017-3612
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of $75.00 for each full month of service into the Department Head's 457
and/or 401(a) deferred compensation accounts, and after no less than
fifteen (15) years (180 months) of cumulative service with the City of
Moorpark, the City shall pay $100.00 for each full month of service into the
Employee's 457 and/or 401(a) deferred compensation account(s). If the
retiring Department Head has already reached the maximum contribution
limit for the year in their deferred compensation plan account(s), including
catch-up provision, he/she may elect to receive the retirement health
savings benefit payment in cash upon written approval of the City
Manager. The retirement health savings benefit shall be paid to any
qualified beneficiaries, based on the eligibility established for a voluntary
separation, if the separation occurs prior to retirement due to the death of
the employee. This retirement benefit applies only to employees hired
prior to January 1, 2014.
Management Employees
A. Involuntary Separation without Cause.
1. Paid Severance. Management Employees who sign an employment
agreement with the City at the time of hire, promotion, or reclassification,
shall be eligible to receive the following paid severance benefit at his/her
then current salary rate, for cumulative months of service with the City of
Moorpark (unpaid leave of absence time shall be deducted), if involuntarily
separated from service with the City of Moorpark for any reason other than
if separated from service due to cause, including but not limited to
conviction of any misdemeanor concerning an act related to their official
duties or moral turpitude or convicted of any felony:
37 to 48 Months of service — 4 weeks of paid severance
49 to 60 Months of service — 5 weeks of paid severance
61 to 72 Months of service — 6 weeks of paid severance
73 to 84 Months of service — 7 weeks of paid severance
85 to 96 Months of service — 8 weeks of paid severance
97 or more Months of service — 9 weeks of paid severance
2. Accumulated Sick Leave Benefit. Management Employees with a
grandfathered Sick Leave accrual benefit shall be eligible for a cash
payment for accumulated Sick Leave of fifty percent (50%) of his/her Sick
Leave balance, accumulated as of the effective date of the involuntary
separation. The cash payment for accumulated Sick Leave shall also be
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paid to any qualified beneficiaries, if the separation is due to the death of
the employee.
3. Retirement Health Savings Benefit for Employees Hired Prior to
January 1, 2014. In the case of involuntary separation after no less than
twenty (20) years ((240 months) of cumulative service with the City of
Moorpark, the City shall pay a retirement health savings benefit payment
of $75.00 for each full month of service into the Management Employee's
457 and/or 401(a) deferred compensation accounts at the time of
separation of employment; and after no less than twenty-five (25) years
(300 months) of cumulative service with the City of Moorpark, the City
shall pay $100.00 for each full month of service into the Employee's 457
and/or 401(a) deferred compensation account(s) at the time of separation
of employment. If the Management Employee has already reached the
contribution limit + deferred limit for the year in their UCI GIICd 1.V111t.1CIICI IIUII
plan account(s), including catch-up provision, he/she may elect to receive
the retirement health savings benefit payment in cash upon written
approval of the City Manager. The retirement health savings benefit
shall be paid to any qualified beneficiaries, based on the eligibility
established for a voluntary separation, if the separation occurs prior to
retirement due to the death of the employee. This retirement benefit
applies only to employees hired prior to January 1, 2014.
B. Voluntary Separation.
1. No Eligibility for Severance Pay. In cases of voluntary separation from
service with the City, including retirement under the City's retirement
system ("Service Retirement"), or death of the employee, Management
Employees are not eligible for the Involuntary Separation without Cause
paid severance for Management Employees described in Section 8.A.1.,
on the prior page.
2. Accumulated Sick Leave Benefit. A Management Employee with a
grandfathered Sick Leave accrual benefit shall be eligible for a cash
payment for accumulated Sick Leave of fifty percent (50%) of his/her Sick
Leave balance, accumulated as of the effective date of the voluntary
separation. The cash payment for accumulated Sick Leave shall also be
paid to any qualified beneficiaries, if the separation is due to the death of
the employee.
3. Retirement Health Savings Benefit for Employees Hired Prior to
January 1, 2014. In the case of voluntary separation for retirement under
the City's retirement system ("Service Retirement"), and after no less than
fifteen (15) years (180 months) of cumulative service with the City of
Moorpark, the City shall pay a retirement health savings benefit payment
of $75.00 for each full month of service into the Management Employee's
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457 and/or 401(a) deferred compensation account(s), and after no less
than twenty (20) years (240 months) of cumulative service with the City of
Moorpark, the City shall pay $100.00 for each full month of service into the
Employee's 457 and/or 401(a) deferred compensation account(s). If the
retiring Management Employee has already reached the maximum
contribution limit for the year in their deferred compensation plan
account(s), including catch-up provision, he/she may elect to receive the
retirement health savings benefit payment in cash upon written approval of
the City Manager. The retirement health savings benefit shall be paid to
any qualified beneficiaries, based on the eligibility established for a
voluntary separation, if the separation occurs prior to retirement due to the
death of the employee. This retirement benefit applies only to employees
hired prior to January 1, 2014.
SECTION 9. TUITION REIMBURSEMENT. The Department Heads and the
Management Employees of the City shall be entitled to the following Tuition
Reimbursement benefits:
Department Heads and Management Employees shall be eligible to receive tuition
reimbursement for courses pre-approved by the City Manager and consistent with the
rules, including tuition reimbursement rates, approved by the City Council for
Competitive Service employees.
SECTION 10. LONGEVITY PAY FOR EMPLOYEES HIRED PRIOR TO
JANUARY 1, 2015. Only Department Head and Management employees hired by the
City of Moorpark prior to January 1, 2015, will be eligible for longevity pay as a
grandfathered benefit, subject to reaching the required cumulative and complete months
of service as follows: For Department Heads, the minimum cumulative months of
service is sixty (60), and for Management Employees, the required minimum cumulative
and complete months of service is one hundred twenty (120), and all unpaid leave of
absence time shall be deducted. Longevity pay for Department Head and Management
Employees employed by the City prior to January 1, 2015, shall be calculated based on
cumulative and complete months of service as follows (and unpaid leave of absence
time shall be deducted):
Department Heads:
61 to 120 Months of service — one percent (1.0%)
121 to 180 Months of service — one and one-half percent (1.5%)
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%)
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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
Assistant to the City Manager* $150.00
Economic Development and Housing Manager $150.00
Economic Development and Planning Manager $150.00
Information Systems Manager $150.00
..... 1r _. I
* (When economic development responsibilities are assigned by the City Manager)
Receipt of a car allowance is dependent upon Employee maintaining a valid California
automobile driver's license and also providing proof of automobile insurance for
Employee's private vehicle used for City business in compliance with all related City
Manager administrative procedures and City Council policies. In addition, Employee
receiving the car allowance shall operate any vehicle used in connection with the
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Resolution No. 2017-3612
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performance of his/her duties in a safe manner and in observance of all established
traffic safety laws. The City Manager shall suspend the car allowance if Employee is
not permitted to drive on City business for any reason.
An Employee receiving a car allowance is required to drive and use their personal vehicle
for all City work activities that require driving a vehicle, and are also required to obtain a
substitute vehicle, such as a rental car, if their personal vehicle will be unavailable for more
than two work days in a calendar month, such as when the vehicle is being repaired. An
Employee receiving a car allowance may not drive a City pool vehicle, unless City Manager
advance written approval has been obtained. An Employee receiving a car allowance is not
permitted to substitute a motorcycle in lieu of a car.
The monthly car allowance shall be continued through any approved and paid leave of
absence not exceeding twelve weeks in any twelve-month period. The monthly car
allowance shall be discontinued or suspended for an unpaid leave of absence for which
an employee has no remaining accumulated leave.
SECTION 13. DEFERRED COMPENSATION AND RETIREMENT.
A. Deferred Compensation. The City Manager, Department Heads and
Management Employees shall be entitled to the following deferred compensation
payment:
The City Manager, Department Heads, and Management Employees shall be
entitled to a deferred compensation contribution made by the City into an
approved deferred compensation program, as follows: City Manager — Three
percent (3.0%) of gross base salary, Department Head positions — Two and one-
half percent (2.5%) of gross base salary, and Management Employees — Two
percent (2.0%) of gross base salary.
To the extent permitted by the City's 457 and 401A deferred compensation plans,
a Department Head with at least 24 months of service with the City and 240
hours of accumulated Annual Leave or Vacation Leave may elect, with the
concurrence of the City Manager and consistent with Section 4 of this Resolution,
to have the Annual Leave or Vacation Leave cash-out, as described in this
Resolution, deposited to his/her 457 or 401A deferred compensation plan(s), so
long as the maximum contribution for the year is not exceeded.
B. CaIPERS Retirement.
Classic Member Benefit. For Department Head and Management Employees
defined by the California Public Employees Retirement System (CaIPERS) as a
"Classic Member", the City shall pay the employee CaIPERS contribution, not to
exceed seven percent (7%) of base salary and maintain the current level of
benefits, which includes the following:
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Section 20938 — The provisions of Section 20938 apply to limit prior
service to members employed on CaIPERS contract date.
Section 21354 - Local Miscellaneous Member 2 percent (2%) at age 55
CaIPERS retirement benefit.
Section 21548 - Optional Pre-Retirement Settlement 2 death benefit.
Section 21574 - Fourth Level of 1959 Survivor Benefits.
Section 21623.5 - $5,000 Retired Death Benefit.
The City shall report the value of Employer Paid Member Contributions
(EPMC) to CaIPERS as additional compensation pursuant to Government
Code Section 20636(c) and California Code of Regulations Section
571(a)(1).
New Member Benefit: For City Department Head and Management Employees
hired on or after January 1, 2013, the CaIPERS retirement benefit shall comply
with the requirements of Assembly Bill 340 approved by the Governor on
September 12, 2012 (Public Employees Pension Reform Act), Government Code
Sections 7522 — 7522.74, and as may be subsequently amended.
SECTION 14. CELLULAR TELEPHONE ALLOWANCE.
A monthly cellular telephone (cell phone) allowance of $70.00 shall be provided for the
City Manager and for each Department Head position. The City Manager may approve
a monthly cell phone allowance of $45.00 for a Management Employee whose duties,
as determined by the City Manager, necessitate access to a cell phone. Employees
receiving a cell phone allowance shall be subject to compliance with cell phone
standards to be approved by the City Manager. Such standards shall include, but not
be limited to, the cell phone company to be used, the service area, and voice mail and
texting capabilities. As a condition of receiving the cell phone allowance, the
Department Head or Management Employee must sign an agreement form to provide to
the City all City business related cell phone electronic communication records that may
be requested by City, in full compliance with the Public Records Act.
In addition to the monthly allowance, the City shall reimburse the City Manager,
Department Heads, and designated Management Employees up to a maximum of
$125.00 every two years upon submittal of an invoice showing proof of payment for a
new cell phone that is in compliance with the City Manager's established cell phone
standards. In lieu of receiving the $125.00 reimbursement for a standard cell phone,
the City Manager, Department Heads, and those Management Employees approved by
the City Manager, may receive reimbursement up to a maximum of $325.00 for a
smartphone.
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City Manager written approval is required prior to an employee receiving the monthly
cell phone allowance and prior to cell phone/smartphone acquisition to verify
compliance with established standards and the reimbursement amount. Prior to the
purchase of a smartphone, written approval must also be received from the Information
Systems Manager to confirm that the smartphone is compatible with Microsoft Outlook
software.
The monthly cell phone allowance shall be continued through any approved and paid
leave of absence, not exceeding twelve weeks for Family and Medical leave in any
twelve-month period. The monthly cell phone allowance shall be discontinued or
suspended for an unpaid leave of absence for which an employee has no remaining
accumulated leave. The City Manager at his/her sole discretion may approve
continuance of a cell phone allowance for a paid or unpaid leave of absence beyond the
restrictions described in this section, if continuing cell phone communication with the
employee is required during the leave of absence for the benefit of the City.
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 potential for a conflict of interest and
the provisions of Government Code Section 1126, including whether the employment
involves:
A. The use for private gain or advantage of City time, facilities, equipment and
supplies, or
B. Receipt or acceptance by the employee of any money or other consideration
from anyone other than the City for the performance of an act which the
employee, if not performing such act, would be required or expected to render in
the regular course or hours of his/her employment with the City or as a part of
his/her duties as a City employee, or
C. The performance of an act in other than his/her capacity as a City employee
which act may later subject directly or indirectly to the control, inspection, review,
audit, or enforcement of any other officer or employee of the City, or
D. Such time demand as would render performance of his/her duties as a City
employee less efficient.
Employees may be allowed to engage in outside employment if such secondary
employment meets the following standards, as determined by the City Manager at
his/her sole discretion:
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A. The outside employment is not inconsistent with the employee's employment with
the City and will not result in a conflict of interest;
B. The employee certifies that they will not contract with nor perform any services
directly or indirectly with a developer, property owner, firm, partnership, and/or
public agency(ies) owning property and/or processing an entitlement application
for property in the City or its Area of Interest while employed by the City of
Moorpark unless written consent is obtained from the City Manager;
C. The employee certifies that he/she will not provide any services whether for
remuneration or not to any person or organization for any land use entitlement or
public or private improvement to real property including civil and structural
engineering services, or appear before any elected body or appointed
commission, committee or board of a general purpose government (city or
county) or special district located within the County of Ventura, on behalf of any
person or entity except the City of Moorpark.
D. The outside employment will not be demanding on the employee or carry over
into his/her regular duties;
E. The outside employment is such that no problem will arise as to the City's
responsibility for injury incurred on the outside job;
F. The outside employment will never be allowed to interfere with the policy that the
employee is always readily accessible in case of emergencies;
G. Employee would be required to notify the outside employer that he/she may need
to return to his/her regular duties immediately upon call;
H. The basis for approval by the City Manager is:
1. The employee is required to sign a waiver in regard to injuries occurring in
outside employment. This waiver shall specifically waive any rights
he/she would have against the City or any retirement system which the
City might adopt as to disability which would be caused from, or arising
out of, the outside employment for which the request is made. The
employee shall also waive any rights to Worker's Compensation benefits
or sick leave because of injury or sickness caused by, or arising out of,
his/her outside employment.
2. An employee whose leave record indicates excessive absenteeism or
excessive tardiness, as determined by the City Manager at his/her sole
discretion, will not be allowed to continue outside employment.
I. The City Manager shall notify the employee of either the approval of-the outside
employment request or denial based on a determination not to allow the
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requested outside employment and the grounds therefore. The decision of the
City Manager shall be final.
SECTION 16. CITY MANAGER. In addition to applicable provisions of the
Municipal Code, or other Council policy, the provisions of Sections 3, 4, 5, 6, 7, 8, 9,
and 10 of this resolution pertaining to Department Heads and Sections 12, 13, and 14
shall also apply to the position of City Manager, with the following exceptions:
In Section 4, the maximum accumulated Annual Leave shall be seven hundred
forty-four (744) hours of Annual Leave, and the maximum accumulated Vacation
Leave shall be seven hundred twenty (720) hours of Vacation Leave. As long as
the City Manager has at least three hundred sixty (360) hours of Annual Leave or
two hundred forty (240) hours of Vacation Leave accumulated, forty (40 hours of
such accumulated leave may be cashed out as deferred compensation in
January of each year.
In Section 7, the amount of the City Manager reimbursement for a
comprehensive physical examination shall be twelve hundred dollars
($1,200.00), and the amount of the City Manager term life insurance policy shall
be two hundred fifty thousand dollars ($250,000).
In Section 8, Sections 8.A.1 and 8.B.1 do not apply to a City Manager.
Severance Pay for a City Manager shall be consistent with the provisions of
Section 2.12.100 of the Moorpark Municipal Code. For a City Manager with a
grandfathered Sick Leave benefit, he/she shall be eligible to receive in cash
payment seventy-five percent (75%) of his/her Sick Leave balance accumulated
as of the effective date of his/her voluntary or involuntary separation from City
service or upon his/her death. The cash payment shall also be paid to any
qualified beneficiaries, if the separation is due to the death of the employee.
For a City Manager employed prior to January 1, 2014, 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). In the event that Section 2.12.100 of the Municipal Code is amended
to reduce the involuntary separation cash severance amount to a maximum of
thirty-six (36) weeks of salary and benefits, then a City Manager without an
employment agreement, who has no less than thirty (30) years (360 months) of
cumulative service with the City of Moorpark and who is subject to a voluntary or
involuntary separation of employment with the City,- shall be entitled to a flat
amount retirement health savings benefit payment equal to $200.00 for each full
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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 his/her deferred compensation plan
account(s), including catch-up provision, he/she may elect to receive the
retirement health savings benefit payment in cash. This health savings benefit
payment shall also be paid to any qualified beneficiaries, if the separation occurs
prior to retirement due to the death of the employee.
In Section 10, Longevity Pay for a City Manager hired prior to January 1, 2015,
with 361 or more months of service shall be three and one-half percent (3.5%).
SECTION 17. EMERGENCY CALL-OUT MILEAGE REIMBURSEMENT. For a
Department Head or Management Employee that does not receive a car allowance, the
City will reimburse for private vehicle use round trip mileage for the home to work site
..1 L return
I. site 1.. 1 1 1. .1 1_1_I 1 !�!� 'I.. 2... 1 J 1.'
and the return work site LU home trip, not to exceed a total or 60 miles for the round trip,
for an emergency call-out that occurs outside of the regular work schedule. An
emergency call-out shall not include reporting to work as a result of activation of the
City's Emergency Operations Center. In addition, this reimbursement shall not apply to
a pre-planned work assignment outside of the regular work schedule, for which the
home to work site and return trip would not be reimbursed, except as permitted by City
Council policy. This reimbursement shall be limited to four (4) times per month. The
mileage expense reimbursement for the use of a personal vehicle for travel shall be at
the rate currently allowed by the Internal Revenue Service, and as verified by the
Finance Director annually. The City Manager may terminate this reimbursement at any
time with 30 days notice to affected employees.
SECTION 18. REQUIREMENTS FOR BENEFIT REIMBURSEMENT FOR
CONVICTION OF A CRIME INVOLVING AN ABUSE OF OFFICE OR POSITION. On
or after January 1, 2012, any contract of employment executed or renewed between a
Department Head or Management Employee and the City shall include the language
required by Government Code Sections 53243 — 53243.4, providing that the employee
fully reimburse the City for certain payments in the event that the employee is convicted
of a crime involving the abuse of his or her office or position (which as of the effective
date of this resolution would require full reimbursement for paid leave salary offered by
the City to an employee pending an investigation, for payment of the legal criminal
defense of an employee, and for cash settlement related to the termination of
employment). On or after January 1, 2012, in the absence of a contractual obligation for
any of the applicable payments described in Government Code Sections 53243 —
53243.4, a Department Head or Management Employee receiving any payments
provided for those purposes shall be required to fully reimburse the City in the event
that the employee is convicted of a crime involving the abuse of his or her office or
position, consistent with Government Code Section 53243.3.
SECTION 19. RESCIND PRIOR RESOLUTION AND IMPLEMENTATION.
Resolution No. 2016-3531 is rescinded, and-this resolution shall become effective upon
adoption.
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SECTION 20. CERTIFICATION. The City Clerk shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 56th day of Ju?yDecember, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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