HomeMy WebLinkAbout04-16-2019 Item 06, Amendment to Mgt Compensation resolution for vacation cash out at various times of year Department Name: Human Resources
Cost Center: 2007
For Agenda of: April 16, 2019
Placement: Consent
FROM: Monica Irons, Director of Human Resources
PREPARED BY: Nickole Sutter, Human Resources Analyst II
SUBJECT: AMENDMENT TO THE MANAGEMENT COMPENSATION
RESOLUTION ALLOWING VACATION CASH OUT AT VARIOUS
TIMES DURING THE YEAR
RECOMMENDATION
1. Adopt a resolution (Attachment A) amending the three-year (July 1, 2018 through June 30,
2021) Management Compensation Resolution (Attachment B) to provide the ability to cash-
out vacation up to the current limit at multiple times during the year and eliminate language
that provides accrual above the cap in limited circumstances.
2. Authorize the one-time cash out of up to 40 hours of vacation effective on t he April 25, 2019
pay check for employees above vacation cap due to system limitations and current extension
language.
DISCUSSION
Background
The unrepresented management group includes 89 professional-level employees, exempt from
the overtime provisio ns of the Federal Labor Standards Act (FLSA), including department heads,
first -line supervisors, program managers, senior planner and engineers, and analysts. The
unrepresented management employees’ compensation and benefits are set by resolution most
recently adopted by Council on July 17, 2018 with a term of July 1, 2018 to June 30, 2021.
Since the adoption of the Management Compensation Resolution, staff has been working on
implementing a new Human Capital Management, Payroll, and Time system. The system is
more sophisticated than the current system and can cap vacation accrual when an employee
reaches the maximum vacation balance (twice the annual accrual) at any pay period during the
year. Historically, vacation caps were administered during the final pay period of the calendar
year. Council authorized a successor Memorandum of Agreement between the City of San Luis
Obispo and the San Luis Obispo City Employees’ Association (SLOCEA) on February 19, 2019
that included the following provision:
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“Vacation: Effective April 2019, when the City goes live with the new Human Capital
Management, Payroll and Time system, vacation accrual will be capped at twice the
annual accrual rate at any point during the year as the current Memorandum of
Agreement intended but is not the practice (accrual is stopped only at year end).
SLOCEA employees who reach the cap will be able to request a cash out of up to 40
hours of accrued vacation at any point during the year (currently only allowed in
December of each year).”
SLOCEA employees frequently promote into management positions and, as such, it is reasonable
to keep parity in the fringe benefits provided in the two employee groups. Further, modifying
the management compensation resolution to allow employees who reac h the maximum vacation
balance to cash out vacation earlier than December of each year, without increasing the annual
cash out limit, has no financial impact. Historically, management compensation resolutions have
been short -term, and this modification co uld be addressed in the next review. However, the
current management compensation resolution is in effect through June 30, 2021 and therefore, an
amendment is recommended.
Current ly a management employee who reaches the maximum allowed vacation balance, may
request a six-month extension to use accrued vacation and continue vacation accrual. This
provision, along with staff transitions in payroll, and current payroll system limitations has
resulted in approximately 10 employees with vacation balances above the intended vacation cap.
Implementation of our new software system, Oracle Cloud, will allow the City to have increased
ability to track leaves, implement caps, and better administer policies. Further, u nder California
law, earned vacation time is considered wages, and vacation time is earned, or vests, as work is
performed. Accrued vacation cannot be forfeited and must be cashed out upon termination of
employment.
Employees that are above the vacation cap at the time of Council adoption (Pay Pe riod 4/4/19-
4/17/19) of the amended Management Compensation Resolution, who have not been able to take
vacation due to the press of City business, will be eligible to request a cash out up to a maximum
of 40 hours or the amount over the cap, whichever is less. Providing a one-time cash out of up to
40 hours, and implementing an every-pay-period cap, will eliminate the risk of this situation
occurring again and acknowledges the employees’ commitment to the City.
Previous Council or Advisory Body Action
Council adopted the Management Compensation Resolution on July 17, 2018 and the
Memorandum of Agreement with SLOCEA on February 19, 2019.
Policy Context
The recommendations provided in this report are consistent with Council adopted Compensation
Philoso phy, Labor Relations Objectives, and agreements with other employee groups.
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Public Engagement
This item is on the agenda for the April 16, 2019 City Council meeting and will follow all
required postings and notification. The public may comment on this item at or before the
meeting.
CONCURRENCE
The recommendation was discussed with the leadership team who agreed that having parity with
SLOCEA and providing flexibility to management employees to more effectively manage their
vacation was appropriate, especially given that modification does not increase ongoing costs.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $20,000
State
Federal
Fees
Other:
Total $20,000
The one-time cost is estimated at $20,000 and will be paid out of the non-departmental
contingency account if the affected departments are not able to absorb the cost in their respective
budgets.
ALTERNATIVES
Do not approve recommended changes to the resolution. This alternative is not recommended as
the resolution is in line with other employee agreements and has no additional implications. It
does, however, provide flexibility to employees who were not aware of this change and have not
been able to take vacation time.
Attachments:
a - Management Resolution 2019
b - Exhibit A to Management Resolution2019 (legislative draft)
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ATTACHMENT A
R _________
RESOLUTION NO. (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA AMENDING MANAGEMENT COMPENSATION
FOR APPOINTED OFFICIALS, DEPARTMENT HEADS, AND
MANAGEMENT EMPLOYEES AND SUPERSEDING PREVIOUS
RESOLUTIONS IN CONFLICT
WHEREAS, the unrepresented management employees (Appointed Officials, Department
Heads, and Management Employees) of the City of San Luis Obispo have remained committed to
providing high quality service to the community and recognize the City’s commitment to fiscal
responsibility in alignment with the City’s Fiscal Health Response Plan; and
WHEREAS, the unrepresented management employees have demonstrated sensitivity to
the fiscal challenges facing the City and agree to a shared approach, including a modest salary
increase partially offset by employees’ increased contributions towards retirement costs; 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, by the Council of the City of San Luis Obispo hereby
revises unrepresented management compensation as follows:
SECTION 1. The City shall continue to provide employees certain fringe benefits as set
forth in Exhibit A, including eliminating vacation accrual extensions and providing vacation cash out
during the year up to the specified maximum cash out provision.
SECTION 2. The City shall provide a one-time cash out of up to 40 hours to those
employees with accrued vacation above the cap as of April 17, 2019, prior to implementing the
vacation cap specified in Exhibit A.
SECTION 3. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes.
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Resolution No. _____ (2019 Series) Page 2
R _________
SECTION 4. This resolution shall be in effect from April 16, 2019 through June 30, 2021.
Upon motion of ___________________________, seconded by _______________________, and
on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 16th day of April 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
__________________________________
Teresa Purrington
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 ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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EXHIBIT “A”
Table of Contents
Section A Medical, Dental, Vision .................................................................................. 1
Section B Health Flex Allowance ................................................................................... 2
Section C Life and Disability Insurance .......................................................................... 3
Section D Retirement ..................................................................................................... 3
Section E Supplemental Retirement .............................................................................. 5
Section F Pay for Performance ...................................................................................... 5
Section G Vacation ........................................................................................................ 6
Section H Administrative Leave ..................................................................................... 7
Section I Holidays ......................................................................................................... 7
Section J Sick Leave ..................................................................................................... 8
Section K Workers’ Compensation Leave...................................................................... 9
Section L Work Out-of-Classification ............................................................................. 9
Section M Vehicle Assignment ................................................................................... 109
Section N Uniform Allowance ....................................................................................... 10
Section O Appointed Officials ....................................................................................... 10
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Page 1
Section A Medical, Dental, Vision
The City shall establish and maintain medical, dental and vision insurance plans for
appointed officials, department heads and management 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 incentives are:
Opt Out $200
“Grandfathered” Opt Out $790 (hired before September 1, 2008)
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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EXHIBIT “A”
Page 2
Dental and Vision Insurance/Dependent Coverage
Employee participation in the City's dent al 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 t he City’s plans shall receive a health 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 sh all 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. If 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.
The current monthly health flex allowance amount for regular, full -time employees is
outlined below:
Level of Coverage
2018 Monthly
Health Flex
Allowance Rates
Employee Only $539
Employee Only
“Grandfathered”
$790
Employee Plus One $1,066
Family $1,442
Employees hired prior to September 1, 2008 that are grandfathered in and elect employee
only medical coverage will receive the health flex allowance listed above for employee
only “grandfathered” coverage. As of January 1, 2015, if an employee that is rec eiving
Employee Only or Opt Out “Grandfathered” coverage changes their level of coverage,
they will be eligible to return to the grandfathered coverage in a future year. If the
premium cost for medical coverage is less than the health flex allowance, the employee
shall no longer receive any unused health flex in the form of cash.
Effective December 2018 (for the January 2019 premium), December 2019 (for the
January 2020 premium), and December 2020 (for the January 2021 premium), the City’s
total health flex allowance for group medical coverage shall be 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.
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EXHIBIT “A”
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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 Cali fornia 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.
Section C Life and Disability Insurance
The City shall provide the following special insurance benefits in recognition of
management responsibilities:
1. Long-term disability insurance providing 66 2/3% of gross salary (maximum
benefit $11,250 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 a $100,000 term life insurance including accidental death and
dismemberment through the City’s Cafeteria Plan.
Section D Retirement
A. PERS Contracts
1. “Classic Members First Tier” non-sworn and sworn employees hired before
December 6, 2012.
The City agrees to provide the Public Employees' Retirement System’s (PERS)
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.
2. “Classic Members Second Tier” non-sworn and sworn employees hired on or
after December 6, 2012.
The City agrees to provide the PERS 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
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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 PERS 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.
3. “New Members Third Tier” non-sworn and sworn employees hired after
January 1, 2013. PERS determines who are “New Members” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA).
The City will provide the PERS 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.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first pay period in January 2012, employees began paying the full
member contribution required under the plan for first and second tier sworn
(9%) and non-sworn (8% and 7% respectively) employees and the City
discontinued their payment of the member contribution. For purposes of this
Section, employee contributions are based on salary and special compensation
as defined by PERS.
Effective the first full pay period in July 2019, all non -sworn and sworn
employees shall contribute 1.5% in addition to the employee contribution
defined in the paragraph above. Effective the first full pay period in July 2020,
all non-sworn and sworn employees’ additional contribution shall increase to
3%, in addition to the employee contribution defined in the para graph above.
These additional contributions are in accordance to the provisions of AB 340,
§7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal cost,
as determined by PERS.
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Effective the first full pay period in July 2019, all non -sworn and sworn new
members shall contribute 1.5% in addition to the emplo yee paying 50% of the
normal cost. Effective the first full pay period in July 2020, all non -sworn and
sworn new members contribution shall increase to 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions are
in accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions effective July 2019 and 2020 (1.5% and 3% respectively) be considered
contributions to the employees account. PERS currently requires a secret ballot election
among the employees affected to change the employees’ rate of contribution. The
contract cannot be amended if a majority of the affected members vote to disapprove the
proposed plan. In the event a secret ballot is required by State Law and the
unrepresented management group does not vote to approve the contract amendment,
the additional contributions will still be required in accordance to the provisions of
§20516(f). In this case the additional contributions would not be credited to the
employee’s PERS account as a normal contribution.
Section E Supplemental Retirement
The City shall contribute 1% of salary for management employees and 2% 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.
Effective the first full pay period in August 2018, the City shall discontinue a 1%
contribution of salary for management employees and the City contribution will decrease
from 2% to 1% for department heads to a defined contribution supplemental retirement
plan.
Section F 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 employee moves through his/her 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.
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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 since the benefit date
or earlier with department head or designee authorization. Each employee shall accrue
vacation leave with the pay at the following rates:
Management Employees
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 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
0 to 10 years 15 days 120 hours
10 to 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 line-item position.
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. Effective the first full pay period in April 2019, management employees
vacation time shall not exceed twice the annual rate. If an employee reaches the cap at
any time throughout the year, the employee will stop accruing vacation leave.
However, if the City Manager determines that a department head has been unable t o take
vacation due to the press of City business, the City Manager may approve up to a six -
month extension of maximum vacation accrual. The City Manager may, within two years
of appointing a department head, increase the rate of vacation accrual to a max imum of
120 hours per year. 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. A
department head may not deny a management 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 up to a six-month extension of maximum vacation accrual. However,
in no event shall more than one such extension be granted in any calendar year.
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Appointed officials, department hHeads and management employees are eligible, once
annually in December, to request payment for up to 40 hours of unused vacation leave
provided that an employee’s overall performance and attendance practices are
satisfactory. If an employee reaches the annual accrual cap before December and is
eligible for cash out as defined above, the employee will be able to request vacation payment
one additional time during the 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.
Employees must have eighty (80) hours of accrued vacation leave to be eligible for cash out
in December. Upon request, vacation sellback payments shall be made by separate check.
Payment for unused vacation leave is subject to the availability of budgeted funds .
Employees that are above the vacation cap as of Pay Period 4/4/19-4/17/19 because they
have not been able to take vacation due to the press of City business, will be eligible to
request a cash out equal to the number of hours they are over the vacation cap, up to a
maximum of 40 hours. This one-time cash out, paid on the 4/25/19 pay check, will not be
considered towards the annual cash out provision provided in the paragraph above.
Section H Administrative Leave
Appointed officials and department heads shall be granted 80 hours of administrative
leave the pay period that January 1st falls into.
Management employees shall be granted 48 hours of administrative leave the pay period
that January 1st falls into.
Administrative leave hours shall be pro-rated on a monthly basis when a department head
or management 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, when
specifically authorized by the department head due to extraordinary circumstances, a
management employee may receive overtime payment of time and one -half for hours
worked above and beyond what would be considered normal work requirements during
an emergency event lasting at least eight (8) hours.
Section I Holidays
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Appointed officials, department heads and management 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. Birthday
• Third Monday in February – Presidents’ Day
• Last Monday in May – Memorial Day
• July 4 – Independence Day
• First Monday in September – Labor Day
• November 11 – Veteran’s Day
• Fourth Thursday in November – Thanksgiving Day
• Friday after Thanksgiving
• December 25 – Christmas
• One half day before Christmas
• 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 a t 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. 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.
Effective January 2019, the two floating holidays (16 hours) will be provided in a floating
holiday leave bank the pay period that January 1 st falls within rather than being accrued
on a semi -monthly basis. 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 tak en through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share of the floating holiday, the value of the overage will be deducted from the
employee's final paycheck.
Section J Sick Leave
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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 ho urs if a household family
member is hospitalized and the employee submits written verification of such
hospitalization.
In conjunction with existing leave benefits, department head and management 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 (FMLA) and the California Family Rights Act (CFRA). In
the event an employee is caring for a family member and is covered under FMLA/CFRA,
they will be able to use all accrued sick leave to care for a family member.
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 2.3 6.420, 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.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or, 3) a combination of these two options.
(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%
Section K 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 his/he r 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 L 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
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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 to p salary of the higher range, in addition to their
regular base rate commencing on the eleventh consecutive workday of the out -of-class
assignment.
Section M Vehicle Assignment
For those department heads requiring the use of an automobile on a regular 24 -hour basis
to perform their normal duties, the City will, at City option, provide a City vehicle or an
appropriate allowance for the employee’s use of a personal automobile. Department
heads who are not provided a City vehicle shall receive a car allowan ce 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 N Uniform Allowance
Employees required to wear a uniform, including the Fire Chief, Deputy Fire Chief, Fire
Marshal and Police Chief, shall receive the same uniform allowance as those they directly
supervise. For “Classic Members” as defined by PERS, uniform allowance shall be
reported to PERS as special compensation. Un iform allowance will not be pro-rated upon
separation from employment.
Section O Appointed Officials
The benefits outlined in this exhibit for department heads apply to appointed officials,
except where they have been modified by council resolution.
Packet Pg. 48
Item 6