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HomeMy WebLinkAboutResolution No. 5515SECTION 1. EXECUTIVE MANAGEMENT SECTION 2. MIDDLE MANAGEMENT RESOLUTION NO. 5515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT WHEREAS, under California State law, Section 2704 of the Downey Municipal Code and Section 12 of the City of Downey Supplemental Employee Relations Rules and Regulations, the City Council is vested with the authority to designate classifications as being Executive Management, Middle Management and Confidential/Exempt; and WHEREAS, the City Council desires to delineate the benefits payable to employees in the Executive Management, Middle Management and Confidential/ Exempt service of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: A. The following classifications shall be designated as part of the management service and shall be considered as "Executive Management:" Asst. City Manager, Economic Development Asst. City Manager, General Services Chief of Police Director of Community Development Director of Community Services Director of Public Works Fire Chief Finance Director B. Exclusions. Executive Management employees are specifically excluded from overtime compensation of any type and Education Incentive Pay. Individuals appointed or promoted into Executive Management classifications after January 24, 1984, are automatically excluded from eligibility for Merit Longevity Pay. (Executive Management employees who, prior to January 24, 1984, retained eligibility for Merit Longevity Pay shall receive such compensation according to the terms specified under Section 10(B) of this Resolution, which shall be applicable for this purpose only.) Executive Management employees have been designated as part of the Unclassified service and are exempt from the provisions of Chapter 7 of the Downey Municipal Code and that certain document entitled Personnel Management Rules and Regulations with the exception of Article IX entitled Attendance and Leaves. As part of the Unclassified service, it is emphasized that Executive Management personnel are: specifically excluded from access to the Grievance Procedures as established in the respective Memoranda of Understanding; specifically excluded from probationary periods and the ability to attain "permanent" status; and specifically excluded from the right of access to the Personnel Advisory Board based on Section 2704 of the Downey Municipal Code. A. The following division manager and supervisory classifications shall be designated as part of the management service and shall be considered as "Middle Management:" (1) Assistant to the City Manager Building Official City Engineer City Librarian City Planner Communications Supervisor Data Processing Manager Equipment Maintenance Manager Fire Battalion Chief Fire Marshal Housing Manager Personnel Director Police Captain Purchasing Manager Recreation Manager Social Services Manager Superintendent of Physical Services Superintendent of Water and Sanitation Theater Manager B. Exclusions. Middle Management employees are specifically excluded from overtime compensation of any type with the exceptions of Fire Battalion Chief and Communications Supervisor who are eligible to receive overtime compensation at the discretion of the Fire Chief. Also, per Resolution No. 4626, Fire Marshal is eligible to receive overtime compensation for special call -back duty at the discretion of the Fire Chief. Middle Management employees are specifically excluded from Education Incentive Pay with the exception of Police Captain. Individuals appointed or promoted into Middle Management classifications after January 24, 1984, are automatically excluded from eligibility for Merit Longevity Pay. (Middle Management employees who, prior to January 24, 1984, retained eligibility for Merit Longevity Pay shall receive such compensation according to the terms specified under Section 10(B) of this Resolution, which shall be applicable for this purpose only.) Middle Management employees have been designated as part of the Unclassified service and are exempt from the provisions of Chapter 7 of the Downey Municipal Code and that certain document entitled Personnel Management Rules and Regulations with the exception of Article IX entitled Attendance and Leaves. As part of the Unclassified service, it is emphasized that the Middle Management personnel are: specifically excluded from access to the Grievance Procedures as established in the respective Memoranda of Understanding; specifically excluded from probationary periods and the ability to attain "permanent" status; and specifically excluded from the right of access to the Personnel Advisory Board based on Section 2704 of the Downey Municipal Code. SECTION 3. CONFIDENTIAL/EXEMPT A. The following classifications shall be designated as part of the confidential service and shall be considered as "Confidential/Exempt:" Public Information Coordinator Deputy City Clerk Secretary to the Chief of Police Secretary to the City Council Secretary to the City Manager B. Exclusions. Confidential /Exempt employees are specifically excluded from overtime compensation of any type unless approval for such compensation is granted by the City Manager on a case -by -case basis. Confidential/Exempt employees have been designated as part of the Unclassified service and are exempt from provisions of Chapter 7 of the Downey Municipal Code and that certain document entitled Personnel Management Rules and Regulations with the exception of Article IX entitled Attendance and Leaves. As part of the Unclassified service, it is emphasized that Confidential /Exempt employees are specifically excluded from access to Grievance Procedures as established in the respective Memoranda of Understanding; specifically excluded from probationary periods and the ability to attain "permanent" status; and specifically excluded from the right of (2) access to the Personnel Advisory Board based on Section 2704 of the Downey Municipal Code. SECTION 4. ATTENDANCE AND LEAVES Pursuant to Section 14, Article IX, of the Personnel Management Rules and Regulations, employees in the Unclassified service of the City are subject to the provisions of Article IX of the Personnel Management Rules and Regulations. In addition, Executive Management, Middle Management and Confidential Exempt employees are subject to the following: A. Annual Vacation Leave 1. Vacation Accrual. a. Executive Management employees shall accrue twenty (20) working days per year. b. Middle Management employees shall accrue annual vacation leave as follows: c. Confidential /Exempt employees shall accrue annual vacation leave as follows: 2. Vacation Policy. a. Vacation shall be taken at the convenience of the City with the approval of the department head or City Manager. Where possible, such vacation should be taken annually and not accumulated from year to year. Employees should be allowed to accumulate two (2) years allowance of vacation. If an employee is prohibited by the supervisor from taking his /her vacation because of manpower shortages or operational needs, the employee shall be paid all vacation in excess of two (2) years at the rate earned at the time the employee would have taken his or her vacation. All accumulated vacation in excess of two (2) years shall be taken within ninety (90) days, at a time mutually agreeable to both the supervisor and the employee. If at all possible, the supervisor shall accommodate the employee's desires as to taking vacations. If the employee does not take the excess vacation time off within the ninety (90) days, the employee will forfeit this excess time. b. When an employee who has become entitled to receive vacation, either by retirement, permanent layoff, or termination, the employee shall be entitled to be paid for unused earned vacation at the rate of pay in effect at the time of separation. c. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the number of eligible vacation days, as set forth in Section 4(A) above, to which the employee is eligible to receive based upon the employee's years of service with the City. B. Sick Leave. Years of Service Work Days Per Year 0 - 5 Fifteen (15) 6 - 10 Seventeen (17) 11+ Twenty (20) Years of Service Work Days Per Year 0 - 3 Ten (10) 4 - 5 Twelve (12) 6 - 10 Fifteen (15) 11 - 15 Seventeen (17) 16+ Twenty (20) 1. Sick leave shall be defined as absence from duty because of illness or off the job injury, or exposure to contagious disease as evidenced by certification from an accepted medical authority. (3) 2. Sick leave shall be paid to covered employees at the rate of one (1) work day per month of service. Sick leave shall not be considered a privilege which an employee may use at his discretion but shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall accrue at the rate of twelve (12) work days per year without limit on accumulation. 3. In order to receive compensation while absent on sick leave, the employee shall notify a designated supervisor within two (2) hours of the time set for beginning duty, unless notification is physically impractical. For any such absence, the employee shall file a written statement with the City Manager stating the cause of the absence. When the absence is for more than one (1) work day, and there is reasonable cause to indicate abuse of sick leave, the department head concerned or City Manager may require a physician's certificate stating the cause of absence before said leave shall be approved by the City Manager. 4. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the service of the City, or any right of claim to sickness disability benefits after separation from the services of the City. 5. Notwithstanding anything contained in this Section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation other than business or activity connected with City employment. 6. At the written request of the appointing authority, the City Manager may require an employee to submit to an examination by the City's physician, and if the results of the examination indicate the employee is unable to perform his duties, or in the performance of his duties, exposes others to infection, the employee shall be placed on sick leave without privilege of reinstatement until adequate medical evidence is submitted that the employee is competent to perform his duties or will not subject others to infection. Any employee so examined shall have the right to submit the reports of a competent medical authority of his own selection, and at his own expense, in addition to the report submitted by the City's physician. In the event of a conflict of opinion and /or recommendation of the two physicians, a third physician shall be selected by the first two physicians and the final decision shall be made by the City Manager, who may seek the advice of the Personnel Advisory Board of the City. 7. Sick Leave Payoff Upon Retirement or Death. Covered employees shall be paid fifty percent (50%) of any sick leave at his death or retirement, up to a maximum of ninety (90) days pay for one hundred and eighty (180) days accumulation. Unless otherwise specified by the employee, such benefits shall be paid to the beneficiary of the employee's City life insurance policy in the event of the employee's death, OR, upon retirement of an elgible employee, the employee may request that unused accumulated sick leave be applied to pay full premiums for his City health insurance coverage on the following basis: a. Forty percent (40%) of the days accumulated, starting with the oldest days first, shall be deducted. b. The remaining sixty percent (60%) shall be applied to the cost of health insurance premiums. 8. Sick Leave Payoff Upon Layoff. In the event of a permanent or indefinite layoff, an employee with ten (10) years of continuous service with the City shall be entitled to the above benefit. If such employee resigns after receiving official notification of his impending layoff, he shall be eligible for the above benefit. 9. Conversion of Sick Leave to Vacation. Employees who become entitled to accrue sick leave allowance which has not been used, may convert (4) each two (2) days of accumulated sick leave to one (1) additional day of vacation, after having accumulated eighty (80) days of sick leave and providing that not more than five (5) days of additional vacation days may be so converted in any one (1) fiscal year. C. Emergency Leave. 1. Any employee who is absent from work by reason of attendance upon members of the immediate family whose incapacitation requires the care of such employee, or death in the immediate family of the employee, may be allowed emergency leave with pay not to exceed six (6) work days per incident on the basis of one -half (1/2) work day for each month of regular employment, which is deducted from accumulated sick leave, not to exceed twelve (12) work days per year. Immediate family shall include, and be limited to, mother, father, brother, sister, spouse, child or grandparents of any eligible employee or of the spouse of the employee of the City. 2. For absences under this Section exceeding a total of three (3) working days in any six (6) month period, a physician's certificate verifying the family's incapacitation leave basis may be required by the City Manager or department head. 3. All such claims for emergency leave are subject to verification by the City Manager. D. Personal Leave. With approval of the department head or City Manager, two (2) days per year of an employee's sick leave may be used on personal matters which are of an unseen combination of circumstances which call for immediate action. Such matters shall be considered as those events or occurrences which a reasonable prudent person would not or could not postpone to a subsequent time. The nature of the matter shall be explained to the immediate supervisor and shall be granted with his approval. Such personal leave shall not be cumulative from year to year. E. Workers' Compensation injury On Duty Leave. 1. If an employee is absent from work by reason of an injury or illness covered by Workers' Compensation, the City shall pay the employee the difference between the amount granted pursuant to such Workers' Compensation and the employee's regular rate of pay during such portion of time as the Council may determine. 2. An employee who is absent from work by reason of an injury or illness covered by Workers' Compensation shall be allowed up to one (1) year leave of absence, as required by his /her condition, with the City paying the difference between the amount granted pursuant to such Workers' Compensation and employee's regular rate of pay. F. Employee Disability Leave. 1. This Section establishes a disability leave plan at seventy -five percent (75%) of the base salary for employees having more than one (1) year continuous service with the City and who have exhausted all accumulated sick leave, vacation and compensatory time due to non - industrial illness or injury under the following eligibility schedule: Years of Service Maximum Time Allowance (Working Days) Additional Before After Reimbursement Reimbursement (5) Total 1 through 5 30 15 45 6 through 10 45 23 68 Over 10 60 30 90 2. Application for disability leave shall be made by the employee through the department head, to the City Manager, accompanied by full medical justification from a physician chosen by the City at the discretion of the City. Failure to submit to such an examination shall be basis for terminating disability leave. If the City Manager approves the application, he shall notify the employee, in writing, of such approval. 3. After the employee returns to work, the employee shall reimburse the City one -half (1/2) of the time used for such employee disability leave at a minimum rate of one -half (1/2) day of sick leave per month or may contribute vacation to accelerate employee's reimbursement to the City for providing the benefits under this Section. 4. When the "maximum time allowance" has been reimbursed as set forth above, the employee shall be eligible to apply for additional disability leave on the basis of one (1) day's leave for each half (1/2) day reimbursed to the City; provided that no employee shall receive more than the "total" set forth above for his /her length of service, during his entire employment with the City. 5. Disability leave shall not deprive an employee of his rights to vacation and sick leave accumulation during such leave. 6. Grounds for termination of disability leave by the City Manager shall include, but not be limited to, the following reasons: or mistake. a. The employee has recovered from his illness. b. The disability leave was procured by fraud, misrepresentation c. The employee has not cooperated fully in supplying all information and submitting to any examination requested by the City to determine the existence or continuing nature of the employee's disability. G. Military Leave. Military leave shall be granted in accordance with the provisions of state and /or federal law. All employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken. H. Jury Duty. Effective November 1, the City will not provide paid release time for jury duty to employees covered by this resolution. If the State and /or Federal Court Jury Commissioners rescind their present policy of granting exemptions from jury service to persons who do not receive paid release time for jury duty from their employers, so as to require jury duty service despite the absence of such pay from their employer, then the City's practice of providing paid leave time to employees for jury duty shall be reinstated immediately upon the effective date of such change for the applicable State and /or Federal Court. In the event that an employee is called for jury duty and wishes to serve, accrued vacation leave, compensatory time or a leave of absence without pay shall be granted subject to the scheduling requirements of the City. In the event that the court fully reimburses the City for the full salary of an employee on jury duty, the City will immediately reinstate the practice of providing paid release time to employees for jury duty. In the event that an employee is called for jury duty and the court does not excuse jury service based on the non - payment of salary by the employer, the City shall grant said employee paid release time for the required jury duty. I. Executive Leave. Executive Management and Middle Management employees are eligible for Executive Leave as outlined below. The use of such Executive Leave time shall be governed by regulations distributed by the City Manager. 1. Executive Management - One (1) day per quarter (not cumulative and discretionary with City Manager approval.) 2. Middle Management - One (1) day each four months (not cumulative and discretionary with City Manager approval.) (6) J. Educational and Professional Leave. Executive Management and Middle Management employees are eligible for Educational and Professional Leave as outlined below. The use of such Educational and Professional Leave shall be governed by regulations distributed by the City Manager. 1. Executive Management - Twelve (12) days per year maximum, subject to budgetary appropriations and City Manager approval. 2. Middle Management - Six (6) days per year maximum, subject to budgetary appropriations and City Manager approval. K. Maternity Leave - All employees shall have the right to at least six weeks of disability leave. Employees with at least one year of service, who are no longer disabled, may request additional unpaid leave up to a maximum of four (4) months. period. SECTION 5. INSURANCE BENEFITS. A. Medical Insurance. 1. The City shall contribute 100% of the medical insurance contribution for the employee and his /her dependents. 2. Employee Withdrawal from City Health Plans - The City agrees to permit an employee to withdraw from the City health plans as follows: a. The employee is either enrolled in the Kaiser Plan, or b. The employee had claims paid for the year prior to the open enrollment in an amount equal to or greater than the employee premium rate, and c. The employee presents written proof that the employee is covered by another health plan, and d. The employee notifies the City during the annual open enrollment The City agrees that the employee who is qualified to withdraw shall receive $71.00 monthly to be added to the employee's paycheck or to be placed in the City's deferred compensation plan. B. Dental Insurance. The City shall contribute towards employee and dependent dental insurance coverage as follows: $30.00 per month effective July 1, 1987 $31.95 per month effective July 1, 1988 C. Life Insurance. The City shall provide group term life insurance coverage as follows: 1. Executive Management - A life insurance policy in an amount equal to the nearest $1,000 figure below full annual salary. 2. Middle Management - A life insurance policy in an amount equal to the nearest $1,000 figure below full annual salary. 3. Confidential/Exempt - A $10,000 life insurance policy. D. Lonq Term Disability Insurance. Employees in the Executive and Middle Management service shall be provided with group Long Term Disability insurance coverage. SECTION 6. RETIREMENT. A. Non - Safety Employees - Seven percent (7%) of the employee's base salary shall be applied to the employee's contribution to the Public Employees' Retirement System. (7) B. Safety Employees - Nine percent (9 %) of the employee's base salary shall be applied to the employee's contribution to the Public Employees' Retirement System. C. Retiree Medical Annuity. An employee who retires from the City of Downey after July 1, 1987, shall be entitled to participate in the City - sponsored medical plan and the City shall contribute up to a maximum of $98.00 per month toward the premium for employee only coverage under the City - sponsored medical plans, provided: 1. At the time of retirement the employee has a minimum of ten (10) years of service, or is granted a service - connected disability retirement; and and 2. At the time of retirement the employee is employed by the City; 3. Effective the day after official separation from the City the employee has been granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay up to a maximum of $98.00 per month toward the premium in the City plan shall be modified downward or cease during the lifetime of the retiree upon the happening of any one of the following: a. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer the payment will be suspended. "Another employer" as used herein means private employer or public employer or self - employed or the employer of a spouse. As a condition of being eligible to receive the premium contribution set forth above, the City shall have the right to require any retiree to annually certify that the retiree is not receiving any such paid health insurance benefits from another employer. If it is later discovered that misrepre- sentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive benefits will cease. b. If the retired employee becomes eligible to enroll, automatically or voluntarily, in Medical or Medicare, the City's plan shall provide secondary coverage only and the City's contribution rate set forth above shall be adjusted downward accordingly. c. In the event the Federal government or State government mandates an employer- funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public plan) for retirees, the City's contribution rate set forth above shall be first applied to that plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance owing for such coverage if any. d. Upon the death of the retired employee, this benefit shall cease. SECTION 7. MEDICAL EXAMINATION. Executive and middle management employees may participate in the City - sponsored management physical through Downey Community Hospital bi- annually at City cost or be reimbursed up to $125.00 annually for a medical exmination with a physician of their choice. SECTION 8. TUITION REIMBURSEMENT. With prior approval of the City Manager, employees may be reimbursed for tuition and books for courses taken to improve their value to the City. Tuition shall be reimbursed for courses as recommended by the department heads with job related justification and approved by the City Manager. Employees must receive a passing grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of tuition equivalent to the rate charged at California State University at Los Angeles for courses on the quarter system, and California State University at Long Beach for courses on the semester system. The employee will be reimbursed for required books only. (Refer to Administration Regulation No. 403.) (8) SECTION 9. UNIFORM ALLOWANCE. A. Chief of Police and Police Captain. Required uniforms which became worn may, at the discretion of the Chief of Police, be surveyed and replaced as necessary. The Chief of Police shall establish items of uniform apparel to be funded by the uniform allowance. B. Fire Chief, Battalion Chief and Fire Marshal. Required uniforms which become worn may, at the discretion of the Fire Chief, be surveyed and replaced as necessary up to a budget limit of $175.00 per employee per year. The Fire Chief shall establish items of uniform apparel to be funded by the uniform allowance. Fire Battalion Chiefs shall receive $15.00 monthly as uniform and linens maintenance allowance. Fire Marshal shall receive $12.00 monthly as a uniform maintenance allowance. C. Communications Supervisor and Secretary to the Chief of Police. The Communications Supervisor and the Secretary to the Chief of Police will be reimbursed to a maximum of $225.00 per year for the purchase of approved uniforms. SECTION 10. CONFIDENTIAL/EXEMPT SERVICE -- COMPENSATION PROGRAM. A. The provisions of that certain document entitled Compensation Program (Part IX of the Personnel Manual) is by this reference made applicable to employees in the Confidential/Exempt service of the City. B. The following compensation policies are also applicable to employees in the Confidential/Exempt service of the City. 1. Salary Schedules. The following salary schedules are designated for classifications in the Confidential/Exempt service: Class Title Pay Table Schedule Adm. Assist. /Communications Specialist 01 19.0 Deputy- City Clerk 01 20.0 Secretary to the Chief of Police 01 18.0 Secretary to the City Council 01 19.0 Secretary to the City Manager 01 19.0 2. Eligibility for Merit Longevity Pax. Upon approval of the appointing power, employees who have completed ten (10) continuous years of service may receive Merit Longevity Pay provided that the employee has been evaluated in the tenth year as "meets standards" as defined by a comprehensive performance rating. Eligible employees shall be paid, in addition to their respective regular prescribed salary, a monthly amount equal to the next salary step above their monthly base rate (5.5%); and after twenty (20) years, one and one -half (1 -1/2) steps (8.25%) above their monthly base rate. 3. Qualification for Merit Longevity Pay. Merit Longevity Pay is to be provided as continuing incentive to career employees. Such payment shall continue with approval of the City Manager only during such period as an eligible employee continues to "meet standards" as defined above, and shall be terminated by the City Manager when the quality of service, as evidenced by the performance rating of such employee, does not merit such additional compensation. SECTION 11. Automobile Allowance. Individuals appointed or promoted into Executive Management classifications after December 1, 1989, will no longer be eligible to drive a City vehicle. Instead, they will receive a $300 per month automobile allowance. Current Executive Management employees may opt to receive this benefit when their current vehicle is scheduled for replacement per the replacement schedule indicated on the City's Equipment Inventory List as of October 1, 1989. Otherwise, current employees are entitled to continue to receive a City vehicle per Resolution No. 4493. The automobile allowance will not be provided to the Chief of Police and Fire Chief. These employees will continue to receive a City vehicle. (9) SECTION 12. The City Clerk shall certify to the adoption of this resolution and provide for the appropriate distribution thereof. ATTEST: APPROVED AND ADOPTED this 26th day of November , 1991. 'City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 26th day of November , 1991, by the following vote, to wit: AYES: 5 Council Members: Cormack, Boggs, Carter, Brazelton, Hayden NOES: 0 Council Members: None ABSENT: 0 Council Members: None (10) Th yor City Clerk