HomeMy WebLinkAboutr 10489 unrepresented confidential employeesRESOLUTION NO. 10489 (2014 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REGARDING COMPENSATION FOR THE UNREPRESENTED CONFIDENTIAL
EMPLOYEES AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City has designated the Human Resources Administrative Assistant,
Human Resources Specialist, and Legal Assistant /Paralegal as confidential employees pursuant to
the government code; 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 across the board salary increases (e.g. "cost of living"
increases) since December 2010; and
WHEREAS, the confidential employees have agreed to no increases in the City's
contribution to health care for the past four calendar years, while medical premiums have increased
in that same timeframe; and
WHEREAS, the confidential employees remain committed to providing high quality
service to the citizens of San Luis Obispo in an efficient and effective manner; and
WHEREAS, the confidential employees acknowledge that all bargaining groups within
the City have agreements through December 31, 2014 with no increases to total compensation.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby maintains unrepresented confidential employees compensation as follows:
SECTION 1. There will be no across the board salary increases (e.g. "cost of living"
increases).
SECTION 2. There will be no increase to the City's health contribution.
SECTION 3. The City shall continue to provide employees certain fringe benefits as set
forth in Exhibit "A," fully incorporated by reference.
SECTION 4. All other compensation and benefits afforded to confidential employees not
superseded by the above, shall remain in full force and effect.
SECTION 5. This resolution shall be in effect from January 1, 2014 through
December 31, 2014.
R 10489
Resolution No. 10489 (2014 Series)
Page 2
Upon motion of Council Member Carpenter, seconded by Vice Mayor Christianson, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Smith, Vice Mayor
Christianson and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21 st day of January, 2014.
!
Mayor Marx U t
ATTEST:
APPROVED AS TO RM:
i
Christine Dietrick
City Attorney
EXHIBIT "A"
Page 1 of 4
CONFIDENTIAL EMPLOYEES FRINGE BENEFITS 2014
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.
The City has elected to participate in the PERS Health Benefit Program pursuant to the Public
Employees' Medical and Hospital Care Act (PEMHCA) with the "unequal contribution option"
at the PERS minimum contribution rates, $119.00 per month for active and retired employees as
of January 1, 2014.
Employees with proof of medical insurance elsewhere are not required to participate in the
medical insurance plan and may receive the unused portion of the City's contribution (after
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 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 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
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 may
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 part
of the cafeteria plan.
Section B Cafeteria Plan Contributi
The City's contribution to the Cafeteria Plan for regular, full -time employees will remain the
same as the 2010 amounts.
Employee Only $469 monthly
Employee + 1 $928 monthly
Employee + Family $1255 monthly
Employees hired on September 1, 2008 or thereafter who elect not to be covered and opt out of the
City medical plan will be required to provide proof of medical insurance elsewhere and receive a
$200 per month cafeteria contribution.
Resolution No. 10489 (2014 Series) EXHIBIT "A"
Confidential's Fringe Benefits 2014 Page 2 of 4
Employees hired prior to September 1, 2008 who elected either employee only medical coverage or
who elect to opt out of the City medical plan with proof of medical insurance elsewhere shall be
"grandfathered" in at the $790 per month contribution amount. Any employee initially
grandfathered in at $790 per month who later changes the number of dependents covered loses the
grandfather status from that point forward.
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 the
event that an employee has exhausted all paid time off due to an employee's catastrophic illness.
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 salary
$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 through the
cafeteria plan, $25,000 term life insurance, including accidental death and
dismemberment.
Section D Retirement
The City shall provide the California Public Employees' Retirement System's (CaIPERS) 2.7%
at 55 plan to all eligible employees hired on or before December 6, 2012, including the
amendments permitting conversion of unused sick leave to additional retirement credit, the 1959
survivor's benefit (Level Four), one year final compensation, and pre- retirement Option 2 death
benefit. Employees will pay the full 8% employee's contribution to CaIPERS effective June 27,
2013.
For City employees hired after December 6, 2012, the City will provide the PERS 2% at 60
retirement plan using the highest three year average as final compensation. Employees will pay
the full 7% member contribution required under the plan.
For City employees hired after January 1, 2013, the City will provide the PERS 2% at 62
retirement plan using highest three year average as final compensation as required by State law
with the implementation of PEPRA. Employees will pay the full 6.25% member contribution
required under the plan.
The City shall no longer report as salary all Employer -Paid Member Contributions (EPMC) to
CaIPERS for the purposes of retirement credit in accordance with Government Code Section
20636 (c) (4) effective June 27, 2013.
Resolution No. 10489 (2014 Series)
Confidential's Fringe Benefits 2014
Section E Vacation
EXHIBIT "A"
Paae 3 of 4
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. Vacation
leave shall be accrued as earned each payroll period provided that not more than twice the annual
rate 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 per calendar year.
Section G Holidays
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 Leave
Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to
27 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 40
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 such
hospitalization. If the family member is a child, parent or spouse, an employee may use up to 48
hours annually to attend to the illness of the child, parent or spouse, instead of the lesser
maximums above, in accordance with Labor Code Section 233.
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
Resolution No. 10489 (2014 Series) EXHIBIT "A"
Confidential's Fringe Benefits 2014 Pa e 4 of 4
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.
Upon termination of employment by death or retirement, a percentage of the dollar value of the
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or
beneficiaries according to the following schedule:
(A) Death
— 25%
(B) Retirement and actual commencement of Ca1PERS 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.