HomeMy WebLinkAbout01-09-2018 Item 09 Unrepresented Confidential Employees ResolutionMeeting Date: 1/9/2018
FROM: Monica Irons, Director of Human Resources
Prepared By:Nickole Sutter, Human Resources Analyst II
SUBJECT:UNREPRESENTED CONFIDENTIAL EMPLOYEES RESOLUTION
RECOMMENDATION
Adopt a resolution with a six-month term (January 1, 2018-June 30, 2018) continuing
Unrepresented Confidential Employee compensation without changes (Attachments A & B).
DISCUSSION
Background
The City’s confidential group includes five employees in Administration, Human Resources, and
the City Attorney’s Office designated as unrepresented in accordance with the Government Code
3507.5 and Employer-Employee Resolution 6620 because they are privy to information that
affects employee relations and labor negotiations. The unrepresented confidential employees’
compensation and benefits are established by resolution adopted by Council that expired on
December 31, 2017.
Staff met with the confidential group in December 2017 to discuss a successor resolution. Given
the development of the Fiscal Health Response Plan (FHRP) to reduce ongoing expenditures by
$8.9 million by 2021-22, there was consensus to move forward with a six-month resolution
(January 1, 2018 –June 30, 2018) with no changes to compensation or benefits. This will align
the expiration of Confidential Resolution with the expiration of the San Luis Obispo City
Employees’ Association, and San Luis Obispo Police Officers’ Association Memorandum of
Agreements and the Unrepresented Management Employees Resolution on June 30, 2018. At
the December 12, 2017 Council Meeting, Council provided direction to staff to return in April
2018 for the final adoption of the FHRP which will help frame and guide upcoming negotiations
with employee groups.
Pursuant to the Resolution Number 10778 with the Confidential group, a two percent cost of
living increase was provided in January 2017 and the City’s contribution to health insurance was
adjusted in December 2017 for the January 2018 premiums. The current contributions are
reflected in Exhibit A (Attachment B).
FISCAL IMPACT
There is no fiscal impact as there is no change in compensation.
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ALTERNATIVES
Do not approve the resolution. This alternative is not recommended, as the resolution is
consistent with Council direction.
Attachments:
a - Confidential Resolution 2018
b - Exhibit A-Confidentials 2018 (Legislative Draft)
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R ______
RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REGARDING COMPENSATION FOR THE
UNREPRESENTED CONFIDENTIAL EMPLOYEES AND SUPERSEDING
PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS,the City has designated the following classifications as confidential employees
pursuant to the Government Code 3507.5 and Employer-Employee Resolution 6620: Administration
Executive Assistant, Human Resources Administrative Assistant I, II, III, Human Resources
Specialist, Legal Assistant, and Legal Assistant/Paralegal; and
WHEREAS, confidential employees are precluded from collective bargaining due to their
proximity to labor negotiations, and therefore are not governed by a collective bargaining agreement,
and
WHEREAS, the confidential employees have demonstrated sensitivity to the fiscal
challenges facing the City by agreeing to no changes to compensation, and
WHEREAS, the City Council is committed to providing competitive compensation as
provided in the City’s adopted Compensation Philosophy.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo
hereby maintains unrepresented confidential compensation as follows:
SECTION 1.There will be no across the board salary increases (e.g. “cost of living”
increases).
SECTION 2.The City shall continue to provide employees certain fringe benefits as set
forth in Exhibit “A”, fully incorporated by reference; and
SECTION 3.This Resolution shall be in effect from January 1, 2018through June 30, 2018.
All prior Resolutions are hereby superseded to the extent inconsistent herewith.
Upon motion of ___________________________, seconded by ________________________, and
on the following vote:
AYES:
NOES:
ABSENT:
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Resolution No. _____ (2018 Series) Page 2
R ______
The foregoing resolution was adopted this 9
th day of January, 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
__________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
__________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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EXHIBIT “A”
Page 1 of 7
CONFIDENTIAL EMPLOYEES FRINGE BENEFITS 20178
Section A Medical, Dental, Vision
The City shall establish and maintain medical, dental and vision insurance plans for confidential
employees and their dependents. The City reserves the right to choose the method of insuring and
plans to be offered.
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program. The City shall contribute
an equal amount towards the cost of medical coverage under the Public Employee’s Medical and
Hospital Care Act (PEMHCA) for both active employees and retirees. The City’s contribution
toward coverage under PEMHCA shall be the statutory minimum contribution amount established
by CalPERS on an annual basis. The City's contribution will come out of that amount the City
currently contributes to employees as part of the City’s Cafeteria Plan. The cost of the City's
participation in PERS will not require the City to expend additional funds toward health insurance.
In summary, this cost and any increases will be borne by the employees.
Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance benefits to domestic partners
(Section 22873 of the PEMHCA).
Conditional Opt Out
Employees who at initial enrollment or during the annual open enrollment period, complete an
affidavit and provide proof of other minimum essential coverage for themselves and their qualified
dependents (tax family) that is not a qualified health plan coverage under an exchange/marketplace
or an individual plan, will be allowed to waive medical coverage for themselves and their qualified
dependents (tax family).
The monthly conditional opt-out amount is $200.
The conditional opt-out incentive shall be paid in cash (taxable income) to the employee. The
employee must notify the City within 30 days of the loss of other minimum essential coverage.
The conditional opt-out payment shall no longer be payable, if the employee and family members
cease to be enrolled in other minimum essential coverage. 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 Employee's 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.
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Resolution No. 10778 (20178 Series)EXHIBIT “A”
Confidential’ s Fringe Benefits 20187
Page 2 of 7
Dental and Vision Insurance/Dependent Coverage
Effective March 23, 2017, employee participation in the City's dental and vision plans is optional.
Employees who elect coverage shall pay the dental and/or eye premium by payroll deductions on
a pre-tax basis through the City’s Cafeteria Plan.
Section B Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a healt h flex allowance, as
defined by the Affordable Care Act (“ACA”), and shall purchase such coverage through the City’s
Cafeteria Plan. If the health flex allowance is less than the cost of the medical plan, the employee
shall have the opportunity to pay the difference between the health flex allowance and the premium
cost on a pre-tax basis through the City’s Cafeteria Plan. Effective December 2017 (for January
2018 premiums), iIf the premium cost for medical coverage is less than the health flex allowance,
the employee shall not receive any unused health flex in the form of cash or purchase additional
benefits under the Cafeteria Plan.
Effective the first full pay period following the adoption of this resolution,T the monthly health
flex allowance amounts for regular, full-time employees will increase as shown beloware:
Level of Coverage
*with no cash back option
effective Dec 2017
Current Monthly Rates Monthly Rates Upon
Council Adoption
Employee Only $514 $539
Employee Plus One $1,017 $1,066
Family $1,375 $1,442
Effective December 2017 (for the January 2018 premium), the City’s total health flex allowance
for group medical coverage shall bewas modified by an amount equal to one-half of the average
percentage increase for family coverage in the PERS health plans available in San Luis Obispo
County. For example: if three plans were available and the year-to-year changes were +10%,
+15%, and +20%respectively, the City’s contribution would be increased by 7.5% (10% + 15%
+ 20% ÷ 3 = 15% x 1/2).
Less than full-time employees shall receive a prorated share of the City’s contribution.
The City agrees to continue its contribution to the health flex allowance for two (2) pay periods in
the event that an employee has exhausted all paid time off and leave approved under the federal
Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) due to an
employee's catastrophic illness. That is, the employee shall receive regular City health flex allowance
for the first two (2) pay periods following the pay period in which the employee’s accrued leave
balances reach zero (0) and FMLA/CFRA benefits have been exhausted.
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Resolution No. 10778 (20178 Series)EXHIBIT “A”
Confidential’ s Fringe Benefits 20187
Page 3 of 7
Section C 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
$5,000 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.
2. In addition to $4,000 term life insurance purchased by the employee, the City provides
$25,000 term life insurance, including accidental death and dismemberment through
the City’s Cafeteria Plan.
Section D Retirement
Employees hired before December 6, 2012
The City agrees to provide the Public Employees' Retirement System’s 2.7% at age 55 plan to all
eligible employees including the amendments permitting conversion of unused sick leave to
additional retirement credit, the 1959 Survivor's Benefit –Level Four, one-year final
compensation, the Military Service Credit option, and the Pre-Retirement Option 2 Death Benefit.
Employees covered by the 2.7% at 55 plan will pay the full eight percent member contribution to
PERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue Service Code
Section 414 (h) (2) the contribution is made on a pre-tax basis.
“Classic Members” hired on or after December 6, 2012
For “Classic Members” hired on or after December 6, 2012, the City will provide the PERS 2% at
60 retirement plan using the highest three-year average as final compensation. The second tier
formula will include the following amendments: conversion of unused sick leave to additional
retirement credit, the 1959 Survivor's Benefit –Level Four, the Military Service Credit option, and
the Pre-Retirement Option 2 Death Benefit. Employees hired under this plan will pay the full
member contribution required under the plan, presently seven percent (7%). CalPERS determines
who is a “classic member” within the meaning of the California Public Employees’ Pension
Reform Act (PEPRA).
The employee pays to PERS their contribution; as allowed under Internal Revenue Service Code
Section 414 (h) (2) the contribution is made on a pre-tax basis.
New Members
For all employees who CalPERS determines are “new members” within the meaning of the
PEPRA, the City will provide the PERS 2% at 62 retirement plan using the highest three-year
average as final compensation.
Effective upon their date of hire, new members will pay 50% of the total normal cost of the member
contribution, as determined by CalPERS.
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Resolution No. 10778 (20178 Series)EXHIBIT “A”
Confidential’ s Fringe Benefits 20187
Page 4 of 7
The employee pays to PERS their contribution; as allowed under Internal Revenue Service Code
Section 414 (h) (2) the contribution is made on a pre-tax basis.
Section E 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 since the benefit date or earlier with
department head authorization. Each confidential employee shall accrue vacation leave with the
pay at the rate of 12 days (96 hours) per year of continuous service since the benefit date for the
first five years, 15 days (120 hours) per year upon completion of five years, 18 days (144 hours)
per year upon completion of ten years, and 20 days (160 hours) upon completion of twenty years.
Vacation leave shall be accrued as earned semi-monthly provided that not more than twice the
annual rate (not including floating holiday leave) may be carried over to a new calendar year.
Vacation schedules for confidential employees shall be based upon the needs of the City and then,
insofar as possible, upon the wishes of the employee. A department head may not deny a
confidential employee’s vacation request if such denial will result in the loss of vacation accrual
by the employee, except that, a department head may approve a two-month extension of 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 40
hours of unused vacation provided that an employee’s overall performance and attendance
practices are satisfactory.
Section F Administrative Leave
Confidential employees shall be granted 12 hours of administrative leave the first full pay period
in January.
Administrative leave hours shall be pro-rated on a monthly basis when a confidential 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 the pay period that December 31st falls within.
Section G Holidays
Confidential employees shall receive eleven (11) fixed plus two (2) floating holidays per year.
The following days of each year are designated as paid holidays:
x January 1 – New Year’s Day
x Third Monday in January –Martin Luther King Jr. Birthday
x Third Monday in February – Presidents’ Day
x Last Monday in May –Memorial Day
x July 4 –Independence Day
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Resolution No. 10778 (20178 Series)EXHIBIT “A”
Confidential’ s Fringe Benefits 20187
Page 5 of 7
x First Monday in September –Labor Day
x November 11 – Veteran’s Day
x Fourth Thursday in November –Thanksgiving Day
x Friday after Thanksgiving
x December 25 –Christmas
x One half day before Christmas
x One half day before New Year’s Day
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. A holiday shall be defined as eight (8)
hours of paid time off for regular full time employees.
When Christmas or New Year’s Holiday falls on a Tuesday or Thursday, the City reserves the
right to close non-essential City services and offices on Monday or Friday (the day adjacent to the
observed holiday). Essential City services are determined at the discretion of the Department
Head. Employees scheduled to work in non-essential functions on the days adjacent to the paid
holidays would be required to use appropriate personal leave or take the days as non-pay. The
City would notify employees of 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 (2) floating holidays shall be accrued on a semi-monthly basis and added to the vacation
accrual.
Section H 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 his/her immediate
family as defined in Section 2.36.420, Labor Code 233 and/or Assembly Bill 1522. This may be
extended to 56 hours if a household family member is hospitalized and the employee submits
written verification of such hospitalization.
In conjunction with existing leave benefits, confidential employees with one year of City service
who have worked at least 1,250 hours in the previous year may be eligible for up to 12 weeks of
Family/Medical Leave in accordance with the federal Family and Medical Leave Act and the
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 forty
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 or relationship
shall be cause for discharge.
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Resolution No. 10778 (20178 Series)EXHIBIT “A”
Confidential’ s Fringe Benefits 20187
Page 6 of 7
According to the following schedule, a percentage of the dollar value of the employee’s
accumulated sick leave may be paid to the employee if the employee requests upon termination by
retirement, and will be paid to the designated beneficiary or beneficiaries upon termination by
death of the employee:
(A) Death –25%
(B) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment –10%
(2) After twenty years of continuous employment –15%
(3) After twenty-five years of continuous employment –20%
(4) 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 State
workers’ compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his/her base salary and the amount provided by workers’
compensation law during the first ninety (90) business days of such temporary disability absence.
Eligibility for workers’ compensation leave requires an open workers’ compensation claim.
Section J Overtime
Definition
Overtime is defined as all hours preauthorized by management and worked by the employee in
excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of overtime. All overtime
shall be authorized by the department head or designee prior to being compensated.
Compensation
All overtime as defined in this Section shall be paid in cash at one and one half (1 1/2) the
employee's base rate of pay. All overtime shall be compensated to the nearest five (5) minutes
worked.
Separate and apart from the City's contractual obligation to pay overtime in accordance with this
Section, the City is obligated to calculate and pay, at a minimum, FLSA overtime based on the
federally defined regular rate of pay.
Compensatory Time Off (CTO)
A confidential employee eligible for overtime compensation as defined in this Section may elect
compensation in the form of time off (CTO). An employee may not be compensated in CTO for
more than sixty (60) hours of overtime worked in the calendar year. Accumulated CTO may be
taken through December 31st of each calendar year. Accumulated CTO not taken by midnight
December 31st shall be compensated in cash at straight time. Such compensation shall be paid in
January of the following year.
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Resolution No. 10778 (20178 Series)EXHIBIT “A”
Confidential’ s Fringe Benefits 20187
Page 7 of 7
Work Week for Calculation of Overtime
For all confidential employees working a regular 5/40 work schedule or a 4/10 alternative work
schedule, the work week for the purpose of calculating overtime as defined in this Section shall be
seven consecutive days, beginning at 12:00 am Thursday and ending at 11:59 pm Wednesday.
For all confidential employees working a 9/80 alternative work schedule, the work week for the
purpose of calculating overtime as defined in this Section shall be seven consecutive days,
beginning exactly four hours into their eight-hour shift on the day of the week which constitutes
their alternative regular day off.
Section K Work Out-of-Classification
An out-of-class assignment is the full-time performance of all the significant duties of an available,
funded position in one classification by an individual in a position of another classification. An
employee assigned in writing by management to work out-of-class in a position that is assigned a
higher pay range which is vacant pending an examination or is vacant due to an extended sick or
disability leave, shall receive no less than five percent (5%), but in no case more than the top salary
of the higher range, in addition to their regular base rate commencing on the eleventh consecutive
workday of the out-of-class assignment.
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