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HomeMy WebLinkAboutr10345compensationforunrepconfidentialemployeessupersedprevresoconflictRESOLUTION NO . 10345 (2012 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REGARDIN G COMPENSATION FOR THE UNREPRESENTED CONFIDENTIAL EMPLOYEE S AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLIC T WHEREAS,the unrepresented confidential employees (Administration Executiv e Assistant, Human Resources Administrative Assistant, Legal Assistant/Paralegal, and Huma n Resources Specialist) of the City of San Luis Obispo met to identify sustainable reductions in tota l compensation costs to achieve Council's labor relations objectives to reduce total compensatio n costs and implement sustainable pension cost containment and reductions ; and WHEREAS,the unrepresented confidential employees acknowledge the fiscal challenge s facing the City of San Luis Obispo and are committed to working with the City to help achiev e long-term sustainable solutions ; and WHEREAS,the unrepresented confidential employees have demonstrated sensitivity to th e fiscal challenges facing the City by agreeing to no across the board salary increases (e .g . "cost of living" increases) since December 2010 ; and WHEREAS,the unrepresented confidential employees have also agreed to no increases i n the City's contribution to health care for the past two calendar years, while medical premiums hav e increased in that same timeframe and will increase again in 2012 ; and WHEREAS,the unrepresented confidential employees remain committed to providin g high quality service to the citizens of San Luis Obispo in an efficient and effective manner . NOW, THEREFORE, BE IT RESOLVED,that the Council of the City of San Lui s Obispo hereby revises unrepresented confidential employees compensation as follows : SECTION 1 .Unrepresented confidential employees will begin paying three percent of th e Member Contribution to Ca1PERS effective June 28, 2012, six percent effective January 24, 201 3 and the full eight percent effective June 27, 2013 . The City will continue to report the Membe r Contribution paid by the City as additional compensation to Ca1PERS until June 27, 2013 . SECTION 2 . There will be no across the board salary increases (e .g . "cost of living" increases). SECTION 3 .There will be no increase to the City's health contribution . SECTION 4 . The City shall continue to provide employees certain fringe benefits as set forth in Exhibit "A", fully incorporated by reference . SECTION 5 .Unrepresented confidential employees acknowledge the City's need t o achieve long-term financial sustainability and pension cost reductions through the establishmen t of a second tier retirement formula for new employees . If the City amends the Ca1PER S R 10345 Resolution No . 10345 (2012 Series) Page 2 Miscellaneous contract to provide a second tier retirement formula, confidential employees wil l participate as required by Ca1PERS . SECTION 6 .All prior resolutions relating to unrepresented confidential employee s compensation and benefits are hereby superseded to the extent inconsistent with this resolution . SECTION 7 . This resolution shall be in effect from January 1, 2012 through Decembe r 31, 2013 . SECTION 8 .The Director of Finance and Information Technology shall reduce th e appropriate accounts to reflect the compensation changes . Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and o n the following vote : AYES : Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d Mayor Marx NOES : None ABSENT : None ATTEST : APPROVED AS TO FORM : The foregoing resolution was adopted this l 0`h day of April 2012 . Sheryll S 'hroede r Interim City Clerk EXHIBIT A CONFIDENTIAL EMPLOYEES FRINGE BENEFITS 201 2 Section A Medical, Dental, Visio n The City shall establish and maintain medical, dental and vision insurance plans for confidentia l employees and their dependents . The City reserves the right to choose the method of insurin g and plans to be offered . The City has elected to participate in the PERS Health Benefit Program pursuant to the Publi c Employees' Medical and Hospital Care Act (PEMHCA) with the "unequal contribution option " at the PERS minimum contribution rates, $112 per month for active employees and $106 fo r retirees as of January 1, 2012 . The City's contribution toward retirees shall be increased by 5 % per year of the City's contribution for the active employees until such time as contributions fo r employees and retirees are equal . Employees with proof of medical insurance elsewhere are not required to participate in th e medical insurance plan and may receive the unused portion of the City's contribution (afte r dental and vision insurance is deducted) in cash in accordance with the City's cafeteria plan . Those employees will be assessed $16 .00 per month to be placed in the Retiree Health Insuranc e Account . This account will be used to fund the City's contribution toward retiree premiums an d the City's costs for the Public Employees' Contingency Reserve Fund and Administrative Costs . However, there is no requirement that these funds be used exclusively for this purpose, nor an y guarantee that they will be sufficient to fund retiree health costs, although they will be used fo r employee benefits . Employees will be required to participate in the City's dental and vision plans at the employee - only rate . Should they elect to cover dependents in the City's dental and vision plans, they ma y do so, even if they do not have dependent coverage for medical insurance . Employees shall participate in term life insurance of $4,000 through payroll deduction as a par t of the cafeteria plan . Section B Cafeteria Plan Contributio n The City's contribution to the Cafeteria Plan for regular, full-time employees will remain th e same as the 2010 amounts . Employee Only $469 monthl y Employee + 1 $928 monthl y Employee + Family $1255 monthl y Employees with proof of medical insurance elsewhere may elect to opt out of the City's medica l plan and receive a $200 cafeteria contribution . Employees who opted out of the City's medica l insurance coverage and were hired prior to August 31, 2008 were "grandfathered" in at the $79 0 per month contribution level, until that time when they elected to be covered under the tiere d contribution structure . An employee elects to be covered under the tiered contribution structure EXHIBIT A when he or she enrolls as an employee only or with dependents (employee plus one or family). At that time the employee would no longer be grandfathered in at the $790 per mont h contribution, but would receive the tiered contribution amount . Employees hired prior to August 31, 2008 that had employee only medical insurance coverag e were "grandfathered" in at the $790 per month contribution level, until such time when the y added dependents or opted out . At that time the employee would no longer be grandfathered i n at the $790 per month contribution, but would receive the tiered contribution amount . Less than full-time employees shall receive a prorated share of the City's contribution . The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in th e event that an employee has exhausted all paid time off due to an employee's catastrophic illness . Section C Life and Disability Insuranc e The City shall provide the following special insurance benefits : 1. Long-term disability insurance providing 66 2/3% of gross salary (maximum benefi t $5, 000 per month) to age 65 for any sickness or accident, subject to the exclusions i n the long-term disability policy, after a 30-day waiting period . 2. In addition to $4,000 term life insurance purchased by the employee through th e cafeteria plan $25,000 term life insurance, including accidental death an d dismemberment . Section D Retiremen t The City shall provide the California Public Employees' Retirement System's (Ca1PERS) 2 .7 % at 55 plan to all eligible employees including the amendments permitting conversion of unuse d sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), one year fina l compensation, and pre-retirement Option 2 death benefit . The City shall no longer report as salary all Employer-Paid Member Contributions (EPMC) t o Ca1PERS for the purposes of retirement credit in accordance with Government Code Sectio n 20636 (c) (4) effective June 27, 2013 . Section E Vacatio n Vacation leave is governed by section 2 .36 .440 of the Municipal Code, except that it may b e taken after the completion of the sixth calendar month of service since the benefit date . Vacation leave shall be accrued as earned each payroll period provided that not more than twice the annua l rate may be carried over to a new calendar year . Vacation schedules for confidential employees shall be based upon the needs of the City an d then, insofar as possible, upon the wishes of the employee . A department head may not deny a EXHIBIT A confidential employee's vacation request if such denial will result in the loss of vacation accrua l by the employee, except that, a department head may approve a two-month extension o f maximum vacation accrual . However, in no event shall more than one such extension be granted in any calendar year . Confidential employees are eligible, once annually in December, to request payment for up to 4 0 hours of unused vacation provided that an employee's overall performance and attendanc e practices are satisfactory . Section F Administrative Leav e Confidential employees shall be granted 12 hours of administrative leave per calendar year. SectionG Holiday s Confidential employees shall receive 11 fixed plus 2 floating holidays per year . The floating holidays shall be accrued on a semi-monthly basis and added to the vacation accrual . Section H Sick Leav e Sick leave is governed by section 2 .36 .420 of the Municipal Code . An employee may take up to 16 hours per year of sick leave if required to be away from the job to personally care for a member of his/her immediate family as defined in Section 2 .36 .420 . This may be extended to 4 0 hours per year if the family member is part of the employee's household and to 56 hours if a household family member is hospitalized and the employee submits written verification of suc h hospitalization . If the family member is a child, parent or spouse, an employee may use up to 4 8 hours annually to attend to the illness of the child, parent or spouse, instead of the lesse r maximums above, in accordance with Labor Code Section 233 . In conjunction with existing leave benefits, confidential employees with one year of City servic e who have worked at least 1,250 hours in the previous year may be eligible for up to 12 weeks o f Family/Medical Leave in accordance with the federal Family and Medical Leave Act and th e California Family Rights Act. Sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family as defined in Section 2 .36 .420, provided such leave shall not exceed fort y working hours for each incident . The employee may be required to submit proof of relative's death before being granted sick leave pay . False information concerning the death o r relationship shall be cause for discharge . Upon termination of employment by death or retirement, a percentage of the dollar value of th e employee's accumulated sick leave will be paid to the employee, or the designated beneficiary o r beneficiaries according to the following schedule : (A)Death – 25 % (B)Retirement and actual commencement of Ca1PERS benefits : EXHIBIT A After ten years of continuous employment — 10 % After twenty years of continuous employment — 15 % After twenty-five years of continuous employment — 20 % After thirty years of continuous employment — 25 % Section I Workers' Compensation Leave An employee who is absent from duty because of an on-the-job injury in accordance with Stat e workers' compensation law and is not eligible for disability payments under Labor Code Sectio n 4850 shall be paid the difference between his/her base salary and the amount provided b y workers' compensation law during the first ninety (90) business days of such temporar y disability absence . Eligibility for workers' compensation leave requires an open workers ' compensation claim .