Loading...
HomeMy WebLinkAbout6/16/2026 Item 6i, Domini - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: June 16, 2026 TO: Mayor and Council FROM: Nickole Domini, Human Resources Director VIA: Whitney McDonald, City Manager SUBJECT: ITEM #6i – AMENDMENT TO MANAGEMENT COMPENSATION RESOLUTION FOR DEPARTMENT HEAD EMPLOYMENT CONTRACTS Staff received the following questions regarding the proposed amendment to the Management Compensation Resolution authorizing the City Manager to negotiate and execute individual employment contracts with department heads. The questions are below with staff’s response shown in italics: 1) Without employment contracts existing at this time, what are the current rules/allowances for hiring bonuses, moving expenses, advanced vacation and sick time, and severance for newly hired department heads? Can these already be approved by the City Manager, and if so, what are the current limits? On April 19, 2022, the Council approved a Recruitment, Referral, and Retention Incentive Program (updated version attached), that establishes guidelines and procedures for the eligibility, approval, and processing of recruitment, hiring, referral, and retention incentives for employees. The current policy provides the following incentives: • One-Time Lump Sum Hiring Bonus: For positions deemed by the HR Director as hard-to-fill, up to $5,000 upon hire for regular and contract positions, with the exception of lateral Police Officers and Public Safety Dispatchers in the Police Department which is up to $16,000 over three (3) years. • Relocation Reimbursement: Up to $15,000 for department head positions and up to $10,000 for all other regular or contract positions. • Advanced Sick Leave: A one-time sick leave bank of up to 48 hours upon hire for a new department head. • Accelerated Vacation Accrual: Year-for-year accelerated vacation accrual for completed public sector years of service for all regular or contract positions. • Advanced Vacation Leave: For lateral Police Officer and Public Safety Dispatchers only, up to forty (40) hours of vacation leave after six (6) months of employment, or at a different time as approved by the Police Chief. No advanced vacation leave is currently afforded to new department heads. ITEM #6i – AMENDMENT TO MANAGEMENT COMPENSATION RESOLUTION Page 2 • Severance: Severance is not part of this incentive program. Appointed Officials (City Manager and City Attorney) are currently the only positions in the City that may be offered severance pay as outlined in their employment contracts. a. Regarding moving expenses, will employees be reimbursed based on actual costs submitted with receipts, or is the relocation assistance provided as a flat amount? Additionally, is this benefit available to anyone relocating after hire, and does it apply to moves from outside the county, the region, or the state? What are the eligibility limits? The relocation incentive is reimbursement-based. Employees who are offered a relocation reimbursement incentive must submit receipts of actual expenses which are verified by Human Resources. The employee may be reimbursed up to the incentive amount offered. To be eligible, as documented in the Recruitment, Referral, and Retention Incentive Program, the employee must relocate their primary residence to San Luis Obispo County and must be moving from a location more than 50 miles away. 2) In the past, has the Council approved hiring bonuses or relocation expenses for new Department Head hires? Is there a requirement for the City Manager to report the terms of the contract to the City Council? If not, can this direction be added? Staff is not aware of Council-approved lump-sum hiring bonuses being offered for new Department Head hires; however, lump-sum hiring bonuses have been used for other hard‑to‑fill classifications in accordance with the Recruitment, Referral, and Retention Incentive Program. Relocation reimbursement of up to $15,000 has previously been provided for Department Head hires. A revision has been made to Exhibit B of the Amended Unrepresented Management Compensation Resolution (attached) to clarify that the City Manager will notify Council when an employment contract is entered into with a Department Head, and once a contract is executed, it will be added to the City website . Staff recommends adoption of this revised version of Exhibit B. 3) Can you please explain the difference in authority between the Resolutions approved by Council and each department head’s contract? It says that the Resolution is still the “primary governing document,” but it is not clear how that could be the case based on the description in the staff report. The Resolution is the primary governing document that sets the boundaries of what can be offered to a Department Head in their employment contract. The employment contract applies the pre-approved rules up to the limits set by the Resolution, as outlined in Section S of Exhibit B of the Amended Unrepresented Management Compensation Resolution. ITEM #6i – AMENDMENT TO MANAGEMENT COMPENSATION RESOLUTION Page 3 4) How were the limits to the negotiable benefits determined? If comparisons with other jurisdictions were collected, can those be shared to confirm that these amounts are comparable to similar cities and other local jurisdictions? To support the City’s ability to attract and retain highly qualified Department Heads, the proposed limits were established based on staff’s professional judgment and an understanding of the competitive environment for executive-level public sector positions. Although staff was not able to gather substantial regional or comparator agency data, the limits were designed to provide appropriate flexibility for the City Manager while maintaining defined financial parameters approved by the Council. Some California Cities, such as Arroyo Grande, Burbank, Chico, and Pismo Beach, provide either employment contracts or similar incentives, specifically severance provisions, to their department head positions. Establishing these terms also provides clarity regarding the at-will nature of these positions and supports a transparent and consistent framework for executive employment. 5) On page 129, in regard to the Police Chief, the following appears: Can you please explain what is meant by “excluding CalPERS retirement contributions”? The total compensation differential between the Police Chief and the Deputy Police Chief excluded CalPERS retirement contributions as the percentage the City pays towards retirement differs based on retirement tier. Under the Public Employees' Pension Reform Act (PEPRA), employees are placed into different tiers based on their hire date. As a result, a subordinate in a “Classic” tier (such as 3% at 50) requires a significantly higher employer contribution than a newly hired Department Head in a “PEPRA” tier (such as 2.7% at 57). Including these retirement costs can make the compensation gap appear smaller than it truly is, or even suggest the subordinate is compensated at a higher level, solely due to the City’s higher Classic-tier pension obligation. Attachments A - Recruitment, Referral, and Retention Incentive Program B - Revised Exhibit B of the Amended Unrepresented Management Compensation Resolution RECRUITMENT, REFERRAL, AND RETENTION INCENTIVE PROGRAM PURPOSE The purpose of the Recruitment, Referral, and Retention Incentive Program is to establish guidelines and procedures for the eligibility, approval, and processing of recruitment, hiring, referral, and retention incentives for applicants and employees. POLICY Pursuant to the City’s Compensation Philosophy, it is the policy of the City of San Luis Obispo to recruit and retain well-qualified employees who exemplify the City’s organizational values. To assist in recruitment and retention efforts, the following incentives have been identified as described in further detail below. I. ACCELERATED VACATION ACCRUAL Provide a year-for-year (1:1) accelerated vacation accrual for completed public sector years of service. For example, if an individual is extended a job offer after having five (5) years of public sector service, they will begin accruing vacation leave with the City of San Luis Obispo as if they have five (5) years of service. To be eligible for service credit towards accelerated vacation accrual, the individual must: 1. Accept employment with the City of San Luis Obispo, and; 2. Fill a regular or contract position that is eligible for vacation accrual, and; 3. Have prior public sector work experience, and; 4. Provide details of prior public sector experience to Human Resources staff. II. LUMP SUM HIRING INCENTIVE Lump sum hiring incentives can be extended for regular or contract positions that are deemed hard to fill by the Director of Human Resources. The maximum value of the lump sum hiring incentive is $5,000 for regular and contract positions, with the exception of lateral Police Officers and lateral Public Safety Dispatchers in the Police Department, as described in further detail below. To be eligible for the lump sum hiring incentive, the following shall apply: 1. The hiring manager shall seek approval from the Director of Human Resources in advance of extending a job offer, and; 2. The individual must fill a regular or contract position that is deemed difficult to fill by the Director of Human Resources, and; 3. The individual must be a selected candidate through the Employment Opportunity Program (EOP) or through external recruitment. 4. The department must have sufficient budget to pay for the incentive. Recruitment, Referral, and Retention Incentive Program – Last Updated June 2026 2 Due to significant recruitment challenges for well-qualified employees in our Police Department, the hiring incentives specified below are designed in an effort to attract and retain the best possible Police Officers and Public Safety Dispatchers to serve the San Luis Obispo community. Lateral Police Officer or Lateral Public Safety Dispatcher Lump Sum Hiring Incentive Offer a lateral Police Officer or lateral Public Safety Dispatcher a signing incentive of up to $16,000 payable as follows: •Up to $5,000 upon hire. •Up to $1,000 upon successful completion of the Field Training Program. •Up to $5,000 upon successful completion of the 12-month probationary period. •Up to $5,000 paid upon successful completion of the third-year anniversary. •Grant up to forty (40) hours of vacation upon completion of the first six months of employment. The Police Chief has the discretion to grant the 40 hours of vacation leave at a different time on a case-by-case basis. Note: A lateral Police Officer is someone who has a minimum of one year of recent law enforcement experience and meets the minimum requirements of the position. A lateral Public Safety Dispatcher is someone who has a minimum of one year of experience in dispatching for a public safety agency and meets the minimum requirements of the position. The lump sum hiring incentives will be provided to eligible employees on their first paycheck, or as specified above. Employees who receive a lump sum hiring incentive are subject to the continued service requirement outlined below. Continued Service Requirement Regular Employees Failure to continue in the City service for three years due to voluntary resignation will result in the need to repay a proportional amount of the hiring incentive. For example, an employee who receives a $3,000 hiring incentive and resigns after 24 months with the City, will be responsible for repaying the City $1,000 ($3,000 total incentive divided by 36 months times remaining months to fulfill three-year commitment). The employee agrees that the Finance Department is authorized to make a deduction from the employee’s final payroll check for the appropriate amount of relocation and hiring incentive to be repaid. Employees who are terminated or released from probation are not required to repay the hiring incentive. Contract Employees Failure to continue in the City service for the term of the contract due to voluntary resignation will result in the need to repay a proportional amount of the hiring incentive. For example, an employee with a two-year contract who receives a $3,000 hiring incentive and resigns after 12 months with the City will be responsible for repaying the City $1,500 ($3,000 total incentive divided by 24 months times remaining months to fulfill the two-year contract). Recruitment, Referral, and Retention Incentive Program – Last Updated June 2026 3 The employee agrees that the Finance Department is authorized to make a deduction from the employee’s final payroll check for the appropriate amount of the hiring incentive to be repaid. Employees who are terminated or released from probation are not required to repay the hiring incentive. III. REFERRAL INCENTIVES FOR EXISTING EMPLOYEES To encourage employees to actively engage in the recruitment process, the City will pay a referral fee to existing employees who recruit a candidate for the City of San Luis Obispo employment in a regular or contract position who is hired for the position. Exclusions 1. In order to avoid a conflict of interest, the following exclusions apply: a. Appointed Officials and Department Heads are excluded from receiving a referral fee for any position. b. Appointing authorities or supervisors who participate in the hiring decision are excluded from receiving a referral fee when referring applicants to the position for which they are recruiting. c. Anyone who screens applications, serves on an interview panel, or otherwise participates in the selection and background investigation process are excluded from receiving a referral fee for the positions they were involved in recruiting. d. Human Resources Department employees directly assigned to recruiting are excluded from receiving a referral fee. 2. Referring a current City employee will not result in a referral fee. This includes temporary and contract employees who are hired into a regular position, or an employee in a regular position who is promoted or transferred to another position through the EOP. Referral Fee Application Submittal and Deadline 1. The Referral Fee Application is available in the Forms and Policies section on SharePoint. 2. Referral Fee Applications must be submitted no later than one month after the new employee’s hire date. It is the responsibility of the employee to ensure that the application is submitted by the deadline. Referral fee applications will be submitted to the Human Resources Department, which is charged with administering the program. 3. The Human Resources Department will track each application submitted. Application Certification The new employee will be contacted by Human Resources to certify that a City of San Luis Obispo employee recruited them. If more than one employee indicates they referred the same new employee, the Human Resources Director shall determine to whom the referral fee shall be paid based on the applicant's indication of which employee actively recruited them. Recruitment, Referral, and Retention Incentive Program – Last Updated June 2026 4 Prior to approving the Referral Fee Application, Human Resources staff will ensure none of the exclusions above apply. Referral Fee Amount After the referral fee application is approved and the new employee has started work, the referring employee shall receive $500 (or up to $1,500 for employees who refer a lateral Police Officer or Public Safety Dispatcher), less applicable taxes. Payments will be processed with the regular payroll check and will be reported as taxable income. The fee is not reported to CalPERS as special compensation. Employees may make multiple referrals within the same calendar year. The second and subsequent approved referrals made by an employee in one calendar year will be paid at the amount of $1,000 less applicable taxes. Exception: Referrals for lateral police officer or dispatcher will remain at $1,500 for each referral. All other sections of this policy apply as described above. Dispute Resolution Any disputes arising from the Referral Fee section of this program may be appealed to the City Manager whose decision shall be final. IV. RELOCATION REIMBURSEMENT Relocation reimbursement is provided in an effort to ease the burden for candidates who accept employment with the City from out of the area and therefore face costs associated with the need to relocate. The City can reimburse relocation costs that are directly related to an employee’s relocation of 50 miles or more to San Luis Obispo County. Eligibility Requirements To be eligible for the relocation incentive, the applicant must: 1. Accept employment with the City of San Luis Obispo, and; 2. Relocate their primary residence to San Luis Obispo County, and; 3. Relocate a distance of 50 miles or more, and; 4. Fill a regular or contract position that is deemed difficult to fill by the Director of Human Resources. Relocation Reimbursement Amount 1. Department Head positions. Total relocation benefits up to $15,000 (subject to applicable taxes). 2. All other regular or contract positions. Total relocation benefits up to $10,000 (subject to applicable taxes). The reimbursement amount for each position will be determined by the hiring department and Human Resources and will be included in the new employee offer letter. The department must have sufficient budget to pay for the incentive. Recruitment, Referral, and Retention Incentive Program – Last Updated June 2026 5 Eligible Expenses Eligible expenses are those incurred in the movement and relocation of a personal place of residence meeting the eligibility requirements outlined above including the following: 1. Movement of household goods. The costs associated with packing, loading, transporting, and unloading personal household goods. 2. In-transit expenses. Gas, food, and lodging during the actual move from the employee’s home at time of hire to their new temporary or permanent home in San Luis Obispo County. 3. Temporary living expenses. Hotel, motel, or other temporary lodging such as Airbnb or short-term rentals necessary to allow the employee to start work. 4. First month rent and/or deposits. Costs associated with securing a residence in San Luis Obispo County such as the first month rent and security deposits for the new residence; costs associated with terminating a lease or rental agreement. 5. Closing costs. Costs associated with the sale of the employee’s primary residence or purchase of a home in San Luis Obispo County. 6. Other eligible expenses as defined by the Internal Revenue Service (IRS) Instructions for Form 3903, Moving Expenses. Continued Service Requirement Failure to continue in the City service for three years, due to voluntary resignation, will result in the need to repay a proportional amount of the relocation reimbursement on a pay period basis. For example, if an employee resigns after one (1) year of employment with the City, they will be responsible for repaying approximately two thirds (2/3) of the reimbursed moving expenses. The employee will sign an acknowledgment agreeing that the Finance Department is authorized to make a deduction from the employee's final payroll check for the appropriate amount of the relocation reimbursement to be repaid. If the final payroll check is not adequate to cover the amount owed, the City will invoice the employee under its standard accounts receivable process and full range of collection options, if needed, according to Section 631 of the City’s Financial Management Manual. Employees who are terminated, released from probation, or discontinue employment due to death or permanent disability will not be required to repay the relocation reimbursement, and may not submit reimbursement requests after separating from employment. Relocation Reimbursement Procedures All authorized amounts described above will be documented in a new employee offer letter and the employee will sign acknowledging the benefits, potential tax consequences, and repayment requirements prior to starting work for the City. The City will not pay vendors directly for moving and relocation expenses. The employee has up to one year after their hire date to claim their relocation reimbursement. If moving expenses are spread over several months, the employee may submit receipts in up to three separate requests, with a total of all requests not to exceed the authorized amount in the offer letter. Recruitment, Referral, and Retention Incentive Program – Last Updated June 2026 6 Once determined, the employee shall submit a completed Moving Expense Request Form with itemized receipts and a copy of their offer letter to the Human Resources department for approval. Human Resources will forward the approved documents to Payroll or disapproval to the Director of Human Resources within five working days. When a Moving Expense Request Form is not approved, an appeal may be made to the City Manager for a final decision. All relocation reimbursements are considered taxable income for Federal income tax purposes. Moving and relocation expense reimbursements may or may not be considered taxable income for California income tax purposes depending on whether they are considered qualified or non-qualified, as prescribed by IRS tax code. Following submission of expense claims, Payroll will issue payment and deduct taxes accordingly. V. STARTING SICK LEAVE BANK The City Manager may authorize a one-time starting sick leave bank of up to 48 hours upon hire of a new Department Head. This will be documented in the new employee’s offer letter. FUNDING SOURCE AND FUTURE CHANGES TO PROGRAM The City Manager is authorized to make future administrative changes to this program in an effort to successfully attract and retain well-qualified employees. If there is a change to a monetary incentive, the department will be expected to cover the cost within departmental salary savings, or the City Manager can choose to move other funding as needed to support this program. Amended Unrepresented Management Employees Resolution Exhibit AB Table of Contents Exhibit A Sections Section A Pay for Performance ................................................................................. 3 Section B Medical, Dental, Vision ............................................................................. 3 Section C Health Flex Contribution ........................................................................... 3 Section D Life and Disability Insurance ..................................................................... 5 Section E Retirement ................................................................................................ 5 Section F Supplemental Retirement ......................................................................... 7 Section G Vacation ................................................................................................... 7 Section H Administrative Leave ................................................................................ 8 Section I Holidays .................................................................................................... 9 Section J Sick Leave .............................................................................................. 10 Section K Bereavement Leave ............................................................................... 11 Section L Workers’ Compensation Leave .............................................................. 11 Section M Temporary Upgrade Assignment ............................................................ 12 Section N Bilingual Pay ........................................................................................... 12 Section O Vehicle Assignment ................................................................................ 12 Section P Uniform Allowance .................................................................................. 12 Section Q Payday ................................................................................................... 13 Section R Appointed Officials .................................................................................. 13 Section S Individual Employment Contracts for Department Heads ....................... 13 Appendix A Classifications ........................................................................................ 15 Section A Pay for Performance ................................................................................. 3 Section B Medical, Dental, Vision ............................................................................. 3 Section C Health Flex Contribution ........................................................................... 3 Section D Life and Disability Insurance ..................................................................... 5 Section E Retirement ................................................................................................ 5 Section F Supplemental Retirement ......................................................................... 7 Section G Vacation ................................................................................................... 7 Section H Administrative Leave ................................................................................ 8 Section I Holidays .................................................................................................... 9 EXHIBIT “A” Section J Sick Leave .............................................................................................. 10 Section K Bereavement Leave ............................................................................... 11 Section L Workers’ Compensation Leave .............................................................. 11 Section M Temporary Upgrade Assignment ............................................................ 12 Section N Bilingual Pay ........................................................................................... 12 Section O Vehicle Assignment ................................................................................ 12 Section P Uniform Allowance .................................................................................. 12 Section Q Payday ................................................................................................... 13 Section R Appointed Officials .................................................................................. 13 Section S Individual Employment Agreements ....................................................... 13 Appendix A Classifications ........................................................................................ 15 Section A Pay for Performance ................................................................................. 2 Section B Medical, Dental, Vision ............................................................................. 2 Section C Health Flex Contribution ........................................................................... 2 Section D Life and Disability Insurance ..................................................................... 4 Section E Retirement ................................................................................................ 4 Section F Supplemental Retirement ......................................................................... 6 Section G Vacation ................................................................................................... 6 Section H Administrative Leave ................................................................................ 7 Section I Holidays .................................................................................................... 8 Section J Sick Leave ................................................................................................ 9 Section K Bereavement Leave ............................................................................... 10 Section L Workers’ Compensation Leave .............................................................. 10 Section M Temporary Upgrade Assignment ............................................................ 11 Section N Bilingual Pay ........................................................................................... 11 Section O Vehicle Assignment ................................................................................ 11 Section P Uniform Allowance .................................................................................. 11 Section Q Payday ................................................................................................... 12 Section R Appointed Officials .................................................................................. 12 Appendix A Classifications ........................................................................................ 13 EXHIBIT “AB” Section A Pay for Performance In 1996 the City Council established the Management Pay for Performance System for department heads and management employees. The system is designed to recognize and reward excellent performance by department heads and managers and to provide an incentive for continuous improvement and sustained high performance. Instead of step increases, the department heads and management employees move through their salary range solely according to accomplishment of objectives and job-related behavior. Further information about the Management Pay for Performance System is found in the Management Pay for Performance System Guide. Section B Medical, Dental, Vision The City shall establish and maintain medical, dental, and vision insurance plans for appointed officials, department heads, management employees and their dependents. The City reserves the right to choose the method of insuring and plans to be offered. Section C Health Flex Contribution Employees electing medical coverage in the City’s plans shall receive a health flex contribution and shall purchase such coverage through the City’s Section 125 Plan “Cafeteria Plan.” To be eligible for the health flex contribution in a particular pay period, an employee must be paid for more than half of their regularly scheduled hours, unless the employee is on an approved FMLA/CFRA leave of absence or receiving temporary disability benefits through workers’ compensation. Less than full-time employees shall receive a prorated share of the City’s contribution. The City will contribute directly to CalPERS, on behalf of each employee, the statutory minimum monthly employer contribution required under the Public Employee’s Medical and Hospital Care Act (PEMHCA), as set annually by CalPERS. For 2025, the PEMHCA minimum contribution is $158 per month. The City will provide a contribution through its cafeteria plan, which combined with the City's PEMHCA contribution, will equal the total health flex contribution in the amounts listed below. The monthly health flex contribution is listed below, along with the updated contribution that will take effect the first paycheck in September 2025. Level of Coverage 2025 Monthly Contribution Monthly Contribution Effective September 2025 Employee Only $670 $735 Employee Only “Legacy” $790 $790 Employee Plus One $1,323 $1,470 Family $1,792 $1,911 EXHIBIT “AB” Employees hired prior to September 1, 2008, who elect employee only medical coverage will receive the health flex contribution listed above for employee only “legacy” coverage until such amount is less than the Employee Only (non-Legacy) contribution amount. As of January 1, 2015, if an employee who is receiving Employee Only or Opt-out “legacy” coverage changes their level of coverage, they will be eligible to return to the “legacy” coverage in a future year. If the premium cost for medical coverage is less than the health flex contribution, the employee shall not receive any unused health flex in the form of cash or purchase additional benefits. Effective for the 2026, 2027, and 2028 premiums, the City’s total contribution for group medical coverage shall be increased by an amount equal to one-half of the average percentage change for family coverage in the CalPERS health plans available in San Luis Obispo County. In any event, the City’s contribution will not be decreased. For example: if three plans were available and the year-to-year changes were +10%, +20%, and -6% respectively, the City’s contribution would be increased by 4% ((10% + 20% + -6%) ÷ 3 = 8% x 1/2). The employee only “legacy” amount will not adjust. The City agrees to continue its health flex contribution or conditional opt-out amount as described below for one full pay period in the event that an employee has exhausted all paid time off, including paid leave donated through the catastrophic leave program, and leave approved under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). That is, the employee shall receive the regular City health flex contribution or conditional opt-out amount for the first full pay period following the pay period in which the employee's paid leave balances reach zero (0) and FMLA/CFRA leave has been exhausted. This continuation of the City health flex contribution is available once per rolling 12-month period, per employee. Conditional Opt-out Employees may receive a monthly opt-out incentive (Cash-in-Lieu) instead of the health flex contribution and medical coverage through the City’s medical plans if the following conditions are met: 1. The employee completes an attestation form during initial enrollment or during the annual open enrollment period; 2. The attestation form verifies that the employee and all individuals for whom the employee expects to claim a personal exemption deduction (Tax Family) have alternative minimum essential coverage; 3. Coverage in the individual market or individual coverage through Covered California does not meet the requirement of alternative minimum essential coverage for the employee and the employee’s Tax Family. The monthly conditional opt-out (Cash-in-Lieu) incentives are: Opt-out $200 EXHIBIT “AB” “Legacy” Opt-out $790 (hired before September 1, 2008) The Cash-in-Lieu shall be taxable income to the employee. The employee must notify the City within 30 days of the loss of alternative minimum essential coverage. The conditional opt-out payment shall no longer be payable if the employee and family members cease to be enrolled in alternative minimum essential coverage. The City will not pay Cash-in-Lieu if the City knows or has reason to know that the employee or an individual in the employee’s Tax Family does not have the required alternative coverage. The conditional opt-out incentive will cease as described above one full pay period after the employee exhausts unpaid leave or FMLA/CFRA, whichever is later. Employees receiving the conditional opt-out amount will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employees’ Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits. Dental and Vision Insurance/Dependent Coverage Employee participation in the City's dental and vision plans is optional. Employees who elect coverage shall pay the dental and/or vision premium(s) by payroll deduction(s) on a pre-tax basis through the City’s Cafeteria Plan. Section D Life and Disability Insurance The City shall provide the following special insurance benefits: 1. Long-term disability insurance providing 66 2/3% of gross salary (maximum benefit $15,000 per month) to age 65 for any sickness or accident, subject to the exclusions in the long-term disability policy, after a 30-day waiting period. The City is exploring the possibility of enrolling in State Disability Insurance or an alternative employee-funded enhanced disability program. If approved by a majority vote of management employees, the City will implement the program as soon as administratively possible. 2. In addition to $4,000 term life insurance purchased by the employee, the City provides a $100,000 term life insurance, including accidental death and dismemberment through the City’s Cafeteria Plan. Section E Retirement A. CalPERS Contracts. Non-sworn employees are classified as Miscellaneous. All employees work twelve (12) months per year. 1. “Classic Members First Tier” non-sworn and sworn employees hired before December 6, 2012. EXHIBIT “AB” The City agrees to provide the Public Employees' Retirement System’s (CalPERS) 2.7% at age 55 plan to all non-sworn employees and the 3% at 50 plan to all sworn employees. The 2.7% at 55 plan includes the following amendments: 1959 Survivor’s Benefit – Level Four, conversion of unused sick leave to additional retirement credit, one-year final compensation, Military Service Credit, and Pre- Retirement Optional Settlement 2 Death Benefit. The 3% at age 50 plan includes the following amendments: Post-Retirement Survivor Allowance, conversion of unused sick leave credit to additional retirement credit, 1959 Survivor’s Benefit- Level Four, one-year final compensation, Military Service Credit, and Pre- Retirement Optional Settlement 2 Death Benefit. Employees will pay the entire 8% (first tier miscellaneous) or 9% (safety) member contribution, as applicable. In addition, employees will pay 3% of the employer contribution as cost sharing under Government Code section 20516(a) for a total employee contribution of 11 or 12%, as applicable. 2. “Classic Members Second Tier” non-sworn and sworn employees hired on or after December 6, 2012. The City agrees to provide the CalPERS 2% at 60 plan for non-sworn employees using the highest three-year average as final compensation. The second-tier formula for non-sworn employees will include the following amendments: 1959 Survivor’s Benefit – Level Four, conversion of unused sick leave to additional retirement credit, Military Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. Employees hired under this plan will pay the full member contribution required under the plan, presently seven percent (7%). For sworn “Classic Members” hired on or after December 6, 2012, the City will provide the CalPERS 3% at 55 plan for sworn Fire employees and 2% at 50 plan for sworn Police employees using the highest three-year average as final compensation. The second-tier formula for sworn employees will include the following amendments: Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor’s Benefit – Level Four, Military Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. Employees will pay the entire 7% (second tier miscellaneous) or 9% (safety) member contribution, as applicable. In addition, employees will pay 3% of the employer contribution as cost sharing under Government Code section 20516(a) for a total employee contribution of 10 or 12%, as applicable. 3. “New Members Third Tier” non-sworn and sworn employees hired after January 1, 2013. CalPERS determines who are “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA). The City will provide the CalPERS 2% at 62 plan for non-sworn employees and 2.7% at 57 plan for sworn employees, using the highest three-year average as final compensation. EXHIBIT “AB” Employees will pay 50% of total normal cost of the retirement benefit, as determined by CalPERS. In addition, employees will pay 3% of the employer contribution as cost sharing under Government Code section 20516(a). Member contributions are made on a pre-tax basis as permitted under IRS Code Section 414(h)(2). Section F Supplemental Retirement The City shall contribute one percent (1%) of salary for department heads to a defined contribution supplemental retirement plan established in accordance with sections 401(a) and 501(a) of the Internal Revenue Code of 1986 and California Government Code sections 53215-53224. Department heads and managers are eligible to make elective contributions to this plan. Section G Vacation Vacation leave is governed by Section 2.36.440 of the Municipal Code, except that it may be taken after the completion of the sixth calendar month of service from the benefit date or earlier with department head, or their designee, authorization. Employees shall accrue vacation leave at the following rates for completed years of service with the City. Part- time employees will accrue a prorated amount of vacation leave. Management Employees Years of Completed Service Annual Vacation Accrual Days* Annual Vacation Accrual Hours Less than 5 years 12 days 96 hours 5 to less than 10 years 15 days 120 hours 10 to less than 20 years 18 days 144 hours 20+ years 20 days 160 hours Appointed Officials & Department Heads Years of Service Annual Vacation Accrual Days* Annual Vacation Accrual Hours Less than 10 years 15 days 120 hours 10 to less than 20 years 18 days 144 hours 20+ years 20 days 160 hours *One day is equivalent to eight (8) hours for a 40-hour per week position. EXHIBIT “AB” Employees are eligible for a year-for-year accelerated vacation accrual based on prior public sector and military experience. For example, if an employee has ten (10) years of public sector experience prior to working for the City of San Luis Obispo, their vacation accrual will be advanced by ten (10) years. Vacation leave shall be accrued as earned biweekly. Vacation time balances shall not exceed twice the annual accrual rate. If an employee reaches the maximum at any time throughout the year, the employee will stop accruing vacation leave. Vacation schedules for management employees shall be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Vacation Cash Out Employees are eligible to request payment for up to forty (40) hours of unused vacation leave subject to following conditions: 1. The employee must make an irrevocable election in the month of December in the prior calendar year; 2. The cash out shall be issued in December of the year following the irrevocable election; 3. Employees must have eighty (80) hours of accrued vacation leave to be eligible for cash out at the time of the irrevocable election; and 4. Late irrevocable election forms will not be accepted, nor can they be changed after the established deadline. Emergency Vacation Cash Out Notwithstanding the requirement for an irrevocable election for the cash out of vacation for the upcoming calendar year, an employee may cash out vacation in an existing year, subject to the following conditions: 1. The employee may cash out no more than the forty (40) hours of vacation (including any cash out previously elected); and 2. The amount cashed out pursuant to this subdivision must be in whole-hour increments with a minimum cash out of twenty (20) hours and shall be subject to a twenty percent (20%) penalty. That is, if an employee cashes out 40 hours of emergency cash out, the penalty shall be 20% of the amount cashed out. For example, if an employee wishes to cash out forty (40) hours due to an emergency but failed to make an irrevocable election, the employee will receive the cash value of thirty-two (32) hours, but forty (40) hours will be removed from the employee’s accrued balance. Vacation Accrual Cap Cash Out If an employee reaches the annual accrual cap before December, the employee will be able to request vacation payment one additional time during the calendar year, in addition to the December cash out. However, no more than 40 hours of unused vacation leave will be paid out in any calendar year. Section H Administrative Leave EXHIBIT “AB” Administrative leave provided to exempt management employees is paid time off in recognition of the extended work hours and the lack of eligibility for overtime compensation associated with their positions. Administrative leave is not accrued based on hours worked and is not compensable upon separation from the City. Appointed officials and department heads shall be advanced 80 hours of administrative leave the pay period that January 1st falls into. Deputy directors and other positions, as designated by the department head, required to regularly work night meetings shall be advanced 64 hours of administrative leave the pay period that January 1st falls into. Other management employees shall be advanced 48 hours of administrative leave the pay period that January 1st falls into. Administrative leave hours shall be pro-rated on a pay period basis when an employee is appointed or leaves employment during the calendar year. The employee’s final check will be adjusted to reflect the pro-rated hours, however there is no provision to receive cash payment for unused administrative hours. Unused administration leave will not be carried over year-to-year but can be taken through December 31st of each year. Appointed officials, department heads, and management employees are considered exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and not eligible for overtime payment. In general, management employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours. However, in the event a state of emergency is called for the City of San Luis Obispo by the City Council, County of San Luis Obispo, State of California, or Federal Government, employees can be paid at the rate of time-and-one-half for the hours worked in excess of forty (40) hours per week on activities related to disaster management and recovery that are reimbursable by state or federal funding. Approved employees can be similarly compensated when rendering aid to other agencies in an emergency declaration situation where overtime is reimbursable by the requesting agency upon approval by their Department Head or their designee. Section I Holidays Employees shall receive eleven (11) fixed plus two (2) floating holidays per year. The following days of each year are designated as paid holidays:  January 1 – New Year’s Day  Third Monday in January – Martin Luther King Jr. Day  Third Monday in February – Presidents’ Day  Last Monday in May – Memorial Day  July 4 – Independence Day  First Monday in September – Labor Day EXHIBIT “AB”  November 11 – Veteran’s Day  Fourth Thursday in November – Thanksgiving Day  Friday after Thanksgiving  One half day before Christmas Day  December 25 – Christmas Day  One half day before New Year’s Day  Two floating holidays For employees who are not regularly scheduled to work on weekends, when a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. For employees on a compressed work schedule, when a holiday falls on the employee’s flex day, holiday hours must be observed on another scheduled workday within the same work week. A holiday shall be defined as eight (8) hours of paid time off for regular full-time employees and prorated for part-time employees. The City reserves the right to close non-essential City services and offices on weekdays between the Christmas Day and New Year’s Eve holidays. Employees scheduled to work during this time in non-essential functions are required to use appropriate personal leave. Essential City services and functions are determined at the discretion of the department head. The City will notify employees of the closure of non-essential City services and offices no later than October 31st of the same year in order to provide employees with ample time to plan accordingly. The two floating holidays (16 hours) will be provided in a floating holiday leave bank the pay period that January 1st falls within and will be prorated on a pay period basis if an employee starts later in the year. Employees will have the ability to use floating holiday leave hours at any point during the calendar year. Unused floating holiday leave will not be carried over year-to-year but can be taken through December 31st of each year. If an employee terminates for any reason, having taken off hours in excess of their biweekly prorated share of the floating holiday, the value of the overage will be deducted from the employee’s final check; however, there is no provision to receive cash payment for unused floating holiday hours. Section J Sick Leave Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee shall accrue sick leave with pay at the rate of twelve (12) days, or the prorated shift equivalent, per year of continuous service since the benefit date. An employee may take up to 48 hours per calendar year of sick leave if required to be away from the job to personally care for a member of their immediate family. A family member for this purpose is any relationship listed in Labor Code 245.5(C). However, if the family member is part of the employee’s household and is hospitalized, the employee may take up to 56 hours (rather than 48 hours) of sick leave per year to care for their family member. The employee shall submit written verification of such hospitalization. EXHIBIT “AB” The City maintains a separate Family and Medical Leave Administration Policy consistent with the City’s legal obligations to provide Family Medical Leave Act and California Family Rights Act, among other forms of leaves. This policy can be accessed in the Forms and Policies section on SharePoint. Upon termination of employment by death or retirement, the employee or beneficiary may choose: A. A payout of the employee’s accumulated sick leave balance based on years of service according to the following schedule; or B. To convert the remaining employee’s sick leave balance to service credit in accordance with CalPERS regulations; or C. A combination of these two options: i. Death – 25% ii. Retirement and actual commencement of CalPERS benefits: a. After ten years of continuous employment – 10% b. After twenty years of continuous employment – 15% Section K Bereavement Leave Bereavement Leave At each employee’s option, sick leave or vacation leave may be used to be absent from duty due to the death of an employee’s family member as defined in Labor Code section 245.5(c), provided such leave as defined in this section shall not exceed five (5) days (no more than 40 hours) for each incident. The leave days may be taken non-consecutively as needed. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship may result in discipline up to and including termination. Reproductive Loss Leave Employees experiencing a miscarriage, failed adoption, failed surrogacy, stillbirth, or unsuccessful assisted reproduction are entitled to up to five (5) days (no more than 40 hours) of leave following the qualifying loss. The leave days may be taken non- consecutively as needed. Employees may utilize sick leave or vacation leave to be paid during reproductive loss leave. To utilize this leave, the employee may confidentially report the qualifying event to whomever in their chain of command they feel most comfortable, including their supervisor, manager, or Human Resources. Section L Workers’ Compensation Leave An employee who is absent from duty because of on-the-job injury in accordance with State workers’ compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between their base salary and the amount provided by workers’ compensation during the first ninety (90) business days of such temporary disability absence. Eligibility for workers’ compensation leave requires an accepted workers’ compensation claim. EXHIBIT “AB” If an employee is eligible for Total Temporary Disability benefits after exhausting 4850 or salary continuation as defined in the paragraph above, the employee will receive such payment directly from the City’s workers’ compensation administrator and will only be able to supplement one-third pay with accrued sick leave. Section M Temporary Upgrade Assignment For the purposes of this Section, a temporary upgrade assignment is the full-time assignment to a higher-level classification (with a higher salary). An employee assigned in writing by management to a temporary upgrade assignment shall receive temporary upgrade pay of no less than five percent (5%) or be placed at the bottom of the higher range, whichever is greater, but in no case more than the top salary of the higher range, in addition to their regular base rate commencing on the eleventh (11th) consecutive workday of the temporary upgrade assignment. In order to receive temporary upgrade pay, an employee must be working in the temporary upgrade assignment and may not have a leave of absence longer than two (2) consecutive weeks, unless otherwise approved. The temporary upgrade assignment will be evaluated after three (3) and six (6) months. If there is an operational need to have an employee work in the temporary upgrade assignment more than six (6) months, the temporary upgrade pay will be increased to at least the first step of the higher classification and/or up to an additional five percent (5%), for a total of at least ten percent (10%) special pay, upon the recommendation of the supervisor and approval of the department head. Section N Bilingual Pay Employees certified as bilingual in Spanish and assigned to use their Spanish speaking skills shall receive a bilingual payment of thirty-five ($35) dollars per pay period. Employees are eligible for this incentive the first full pay period following qualification. Additional languages may be approved by the City based upon demonstrated need. Regardless of certification and payment, all employees shall use any language skills they possess to the best of their ability. Section O Vehicle Assignment The Fire Chief and Police Chief will be provided a City vehicle for emergency response during off-duty time. Other department heads shall receive a car allowance of $236 per month, paid semi-monthly. The use of a personal automobile for City business will be eligible for mileage reimbursement in accordance with standard City policy. Section P Uniform Allowance EXHIBIT “AB” The Fire Chief, Deputy Fire Chief, and Fire Marshal shall receive $1,300 per year uniform allowance paid on a biweekly basis. The Police Chief shall receive $1,300 per year uniform allowance issued in the amount of $650 on the first paycheck in December and June. New hires will receive a prorated amount on a biweekly basis. Uniform allowance will not be prorated upon separation from employment. For “Classic Members” as defined by CalPERS, uniform allowance shall be reported to CalPERS as special compensation. Section Q Payday Payroll will be disbursed on a biweekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. Section R Appointed Officials The benefits outlined in this exhibit for department heads apply to appointed officials, except where they have been modified by City Council resolution. Section S Individual Employment Contracts for Department Heads To enhance the City’s ability to recruit and retain high-level executive talent, the City Manager is authorized to negotiate and execute individual employment contracts for employees within the Department Head classifications, as determined by the City Manager to be appropriate and in the best interests of the City. The City Manager will notify the City Council when an employment contract is entered into with a Department Head, and once a contract is executed, it will be added to the City website. Individual employment contracts may vary from the standard provisions set forth in this Resolution, or may establish other provisions, without further approval of Council, including, but not limited to:  One-Time Lump Sum Hiring Bonus: A one-time hiring bonus, not to exceed one (1) month’s base salary.  Relocation Reimbursement: Total relocation reimbursement not to exceed $30,000.  Leave Balances: Advanced vacation and/or sick leave credits upon hire, provided such credits do not exceed four (4) weeks.  Separation: Specific severance terms and conditions with severance pay not to exceed four (4) months’ compensation. However, individual employment contracts with Department Heads may not provide compensation (including base salary, ongoing pay incentives, deferred compensation, or health insurance contributions), allowances (including vehicle or technology allowances), EXHIBIT “AB” or any form of compensation that is reportable to CalPERS as special compensation, beyond what is otherwise authorized in this Resolution without Council approval. Compensation or benefits negotiated under an individual employment contract must also be contained within the existing budget allocations previously approved by the City Council. Individual employment contracts shall be subject to review and approval as to form by the City Attorney. In the event of a conflict between the terms of an individual employment contract and the general provisions of this Resolution, the terms of the individual employment contract shall prevail for the specific employee covered by that contract. EXHIBIT “AB” Appendix A Classifications Employees in the classifications listed below, in alphabetical order, are covered by this Exhibit. Accountant Active Transportation Manager Assistant City Attorney I Assistant City Attorney II Assistant City Manager Community Services** Budget Manager Building Permit Services Supervisor Business Analyst Capital Improvement Program Administrative Manager Chief Building Official City Attorney*** City Biologist City Clerk City Manager*** Code Enforcement Supervisor Construction Engineering Manager Construction Engineering Manager Professional Engineer Data Analyst Deputy City Attorney I Deputy City Attorney II Deputy City Attorney III Deputy City Manager** Deputy Director of Community Development Chief Building Official Deputy Director of Community Development City Planner Deputy Director of Finance City Controller Deputy Director of Public Works City Engineer Deputy Director of Public Works Maintenance Operations Deputy Director of Public Works Mobility Services Deputy Director of Utilities Engineering and Planning Deputy Director of Utilities Wastewater Deputy Director of Utilities Water Deputy Fire Chief* Director of Community Development** Director of Finance** Director of Human Resources** Director of Parks and Recreation** Director of Public Works and Utilities** Director of Utilities Diversity Equity and Inclusion Manager Economic Development Analyst Economic Development and Tourism Manager Emergency Manager EXHIBIT “AB” Facilities Maintenance Supervisor Financial Analyst Fire Chief*, ** Fire Marshal Fleet Maintenance Supervisor Golf Supervisor Homelessness Response Manager Human Resources Analyst Human Resources Manager Information Services Supervisor Information Technology Manager Laboratory Manager Legal Analyst Maintenance Superintendent Maintenance Supervisor Mobility Services Business Manager Network Services Supervisor Parking Enforcement Compliance Supervisor Parking Operations Supervisor Parking Program Manager Parks Maintenance Supervisor Payroll Analyst Police Chief*, ** Police Public Affairs Manager Policy and Project Manager Principal Budget Analyst Principal Planner Public Communications Manager Recreation Manager Recreation Supervisor Risk and Benefits Manager Safety Manager Senior Accountant Senior Business Analyst Senior Civil Engineer Senior Financial Analyst Senior Human Resources Analyst Senior Legal Analyst Senior Payroll Analyst Senior Planner Solid Waste and Recycling Program Manager Stormwater Program Manager Streets Maintenance Supervisor Supervising Building Inspector Supervising Civil Engineer Sustainability and Natural Resources Analyst EXHIBIT “AB” Sustainability and Natural Resources Official Sustainability Manager Technology Project Manager Tourism and Community Promotions Manager Transportation Manager Transportation Manager Professional Engineer Traffic Engineer Utilities Business Manager Utilities Special Projects Manager Utilities Special Projects Manager Professional Engineer Wastewater Collection System Supervisor Water Distribution System Supervisor Water Resource Recovery Facility Supervisor Water Resources Program Manager Water Treatment Plant Supervisor Whale Rock Reservoir Supervisor *Denotes Sworn classifications **Denotes Department Head Classifications *** Denotes Appointed Officials