HomeMy WebLinkAboutResolution No. 14-7513 - Establishing Salary and Benefits Payable to Employees in Classifications Designated as Executive Management, Middle Management and Confidential/Exempt; and Repealing Prior ResolutionsRESOLUTION NO. 14-7513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING THE SALARY AND BENEFITS PAYABLE TO EMPLOYEES IN
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE
MANAGEMENT AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR
RESOLUTIONS.
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 provide competitive compensation and benefits
to its employees; and,
WHEREAS, the City Council has determined that it is appropriate to provide the same
economic adjustments to employees in Executive Management, Middle Management and
Confidential/Exempt classifications that are consistent with recently negotiated provisions with
the Downey City Employees’ Association – Miscellaneous Unit as included in this Resolution;
and
WHEREAS, the City shall provide a 2% across the board salary increase effective the
first pay period that includes April 1, 2014 and a 1% across the board salary increase effective
the first pay period that includes July 1, 2015 to Executive Management, Middle Management,
and Confidential/Exempt employees in classifications listed in Sections 1 through 3, excluding
the classifications of Chief of Police and Fire Chief; and,
WHEREAS, the executive management classifications of Chief of Police and Fire Chief
are excluded from across the board salary adjustments at this time due to the scheduling of
such consideration that is aligned with labor contracts for sworn police and fire bargaining units;
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
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. EXECUTIVE MANAGEMENT
A. The following classifications shall be designated as part of the management service
and shall be considered as Executive Management:
Assistant City Manager
Chief of Police
City Attorney
City Clerk
Director of Community Development
Director of Parks and Recreation
Director of Public Works
Fire Chief
Finance Director
RESOLUTION NO. 14-7513
PAGE 2
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 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 Part VIII, 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.
SECTION 2. MIDDLE MANAGEMENT
A. The following division manager and supervisory classifications shall be designated
as part of the management service and shall be considered as Middle Management:
Assistant to the City Manager
Building Official
City Planner
Computer System Manager
Deputy Director of Public Works
Director of Human Resources
Emergency Preparedness Coordinator
Executive Director of the Columbia Memorial Space Center
Finance Manager
Management Analyst
Principal Accountant
Principal Civil Engineer
Recreation Manager
Senior Accountant
Senior Civil Engineer
Senior Human Resources Analyst
Senior Management Analyst
Social Services Manager
Superintendent of Physical Services
Superintendent of Water and Sanitation
System/Network Engineer
B. Exclusions. Middle Management employees are specifically excluded from
overtime compensation of any type. The positions of Computer System Manager and
System/Network Engineer are eligible to earn straight compensatory time for hours worked on
special projects as approved by the department head. Individuals appointed or promoted into
Middle Management classifications after January 24, 1984, are automatically excluded from
eligibility for Merit Longevity Pay
RESOLUTION NO. 14-7513
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SECTION 3. CONFIDENTIAL/EXEMPT
A. The following classifications shall be designated as part of the confidential service
and shall be considered as Confidential
Public Information Coordinator
Chief Deputy City Clerk
Deputy City Clerk
Secretary to the City Council
B. Exclusions. Confidential/Exempt employees may not earn overtime compensation
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 Part
VIII, 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 access to the Personnel Advisory Board based on Section
2704 of the Downey Municipal Code.
SECTION 4. Whenever the masculine gender is used in this Resolution, it shall be
understood to include the feminine gender.
[SECTION 5. ATTENDANCE AND LEAVES
Pursuant to Part VIII, 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 one hundred sixty (160) hours
per year
b. Middle Management employees shall accrue annual vacation leave as follows
Years of Service Hours per Year
0-5
6- 10
11+
120
136
160
RESOLUTION NO. 14-7513
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c. Confidential/Exempt employees shall accrue annual vacation leave as follows:
Years of Service Hours per Year
0 - 3
4 - 5
6 - 10
11 - 15
16+
80
96
120
136
160
2. Vacation Policy
a.Vacation shall be taken at the convenience of the City with the approval of
the department head or City Manager. Such vacation should be taken
annually and not accumulated from year to year. Employees shall be allowed
to accumulate up to two (2) years vacation allowance based on years of
service above. As of October 25, 2011, all accumulated vacation in excess of
two (2) years shall be taken at a time mutually agreeable to both the
supervisor and the employee but by no later than December 31, 2013
If an employee is prohibited by the supervisor from taking his vacation
because of manpower shortages or operational needs, the employee may be
paid out at the rate of pay earned at the time the employee would have taken
his vacation. Thereafter, an employee who has a balance of accumulated
vacation that exceeds the two (2) year maximum shall not receive vacation
accrual until the vacation balance falls below the two (2) year maximum. If at
all possible, the supervisor shall accommodate the employees’ desire to take
vacation time off.
b. An employee shall be entitled to be paid for unused earned vacation at the
rate of pay in effect at the time of separation from employment.
c. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the
number of eligible vacation hours, as set forth in Section 4(A) above, to which
the employee is eligible to receive based upon the employees’ years of
service with the City.
B. Sick Leave
a, Effective October 25. 201 1. the maximum number of unused accumulated
sick leave hours eligible for deposit is one thousand five hundred seventy-five
(1,575) hours.
b An employee on payroll as of October 25, 2011 who has a balance of unused
accumulated sick leave hours at or above one thousand five hundred
seventy-five hours (1,575) but at or below one thousand nine hundred (1,900)
hours shall have that number of hours recorded as his eligible maximum for
deposit at retirement into the City’s RHS Plan.
c. An employee hired on or after October 25, 2011 shall be eligible to deposit
the value of unused accumulated sick leave hours up to a maximum of five
hundred (500) hours.
RESOLUTION NO. 14-7513
PAGE 5
8. Sick Leave Conversion 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 sick leave deposit benefit as specified above. If such employee resigns after receiving
official notification of his impending layoff, he shall remain 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 each two (2) hours of accumulated
sick leave to one (1) additional hour of vacation, after having accumulated six-hundred forty
(640) hours of sick leave, and providing that not more than forty (40) hours 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, that 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 physicians’ certificate verifying the families’
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, twenty-
four (24) hours per year of an employees’ sick leave may be used on personal matters which
are of an unseen combination of circumstances which call for immediate action or to add one
additional hour per holiday as covered in Section 4(L). 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 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’ law and the
employees’ 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 condition, with the City paying the difference between the
amount granted pursuant to Workers’ Compensation law and the employee’s
regular rate of pay
RESOLUTION NO. 14-7513
PAGE 6
F. Employee Disability Leave
1 An employee that has at least one year of continuous service with the City and
who has exhausted all accrued leave (vacation, sick leave, compensatory time)
due to non-indUstrIal Illness or injury can be advanced sick leave time at the rate
of seventy-five percent (75%) of the employee’s regular salary according to the
following table
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5
6 through 10
Over 10
360
544
720
2. An application for disability leave shall be made by the employee to the City
Manager or his designee through the department head, accompanied by medical
certification from a physician verifying the period of medical disability.
3 After the employee returns to work from disability leave, the employee’s sick
leave accrual shall be reduced to four (4) hours per month and placed on a
reimbursement schedule with the Payroll Office to reimburse the City the value of
the time used for such employee disability leave. The employee may contribute
vacation to accelerate employee's reimbursement to the City for providing the
benefits under this Section.
4. No employee shall receive more than the ''Total" set forth above for his length of
service, during his entire employment with the City
5. Grounds for termination of disability leave by the City Manager or his designee
shall include, but not be limited to, the following reasons:
a. The employee has recovered from his illness or injury
b. The leave is being used as a pre-retirement leave for purpose of postponing
retirement or pension.
C The disability leave was procured by fraud, misrepresentation or mistake.
d. 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.
6. In the event an employee becomes ineligible to accrue sick leave or is scheduled
to end employment with the City and has not completed the reimbursement
schedule for this benefit, the balance due shall be handled by payroll deduction
or accounts receivable as applicable
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
RESOLUTION NO. 14-7513
PAGE 7
H. Jury Duty. In the event that an employee is called for jury duty and the court does
not excuse such jury service, the City shall grant the employee paid release time for the
required jury duty that is performed within the employee’s regular work schedule provided, the
employee submits court documentation verifying the date(s) and time served for jury service
Such verification must accompany the payroll timesheet for the payroll period in which the jury
service was performed. Any fees for jury service that the employee may receive from the court
shall be remitted to the City.
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 – Thirty-two (32) hours based on eight (8) hours per
calendar quarter of employment service with the City. There is no cash out or
carry over provision for this leave
2. Middle Management – Twenty-four (24) hours based on eight (8) hours for each
four (4) months of employment service with the City per calendar year. There is
no cash out or carry over provision for this leave.
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. The City complies with the State maternity leave law.
Administrative Regulation No. 418 is by reference incorporated herein
L. Family Leave. The City agrees to comply with State and Federal leave entitlement
laws. Administrative Regulation No. 430 is by reference incorporated herein.
M. Holidays. Covered employees shall receive eight (8) hours of pay for each of the
following holidays.
1
2
3
4
5
6
7
8
9
10
11
New Year’s Day
Martin Luther King’s Birthday
Washington Birthday (President’s Day)
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
RESOLUTION NO. 14-7513
PAGE 8
When a holiday falls on a weekday that is an employees' regular day off, the employee
shall receive eight (8) hours of compensatory time at straight time. When a holiday falls on a
day an employee is scheduled to work nine hours, and the employee takes the day off, the
employee shall add one hour by choosing vacation, compensatory time, personal leave, or time
without pay. Sick leave, other than personal leave, may not be used to supplement the holiday
hours
N. Chief of Police Weekend/Holiday Duty. The Chief of Police rotates
weekend/holiday duty coverage with Police Captains every four weeks throughout the year.
Effective November 2008, the Chief of Police shall receive 8.03 straight time hours per payroll
period to compensate this time. The 8.03 additional hours shall be taken in the form of
compensatory time. In addition, based on the designated work schedule, the Chief of Police
shall receive holiday pay equivalent to the number of hours in the regularly scheduled work day
when the holiday falls on a scheduled work day.
SECTION 6. INSURANCE BENEFITS
A. Medical Insurance.
Effective October 1 , 2012, the City contracted with the California Public Employees’
Retirement System (CaIPERS) to implement the CaIPERS medical benefits program governed
by the Public Employees’ Medical and Hospital Care Act (PEMHCA). In its implementation, the
City specified that the mandated employer contributions for retirees would be structured in a
manner to maintain cost savings
The City’s modifications to the retiree medical benefits provisions in this Resolution are
made for compliance with the CaIPERS PEMCHA program and to maintain the benefit set forth
in Section 7(B), without an increase to the City’s minimum mandated contributions for retirees
Such provisions are updated to include
1. CaIPERS PEMHCA Program. Employees and retirees have the option of
choosing medical insurance coverage from any of the medical plans offered by
CaIPERS
2 City Contribution Amount. The City’s contribution towards employee medical
insurance is up to the monthly premium amount of the employee’s eligible
coverage level for the second highest PPO plan offered by CaIPERS at the basic
premium rates designated for the Los Angeles Area. If an employee enrolls in a
plan with higher premiums, he will be responsible for the payment of any
premium amount in excess of the City’s contribution
3 PEMHCA Employer Mandated Contributions. The City shall contribute on behalf
of each employee the mandated minimum sum as required per month toward the
payment of premiums for medical insurance under the PEMHCA program. As
the mandated minimum is increased, the City shall make the appropriate
adjustments.
a The City is mandated under PEMHCA to make a contribution to retiree
medical premiums. As allowed by the Government Code and the CaIPERS
Board, the City used the Unequal Contribution Method to make City
contributions on behalf of each retiree or annuitant. The 2012 starting year
unequal contribution began at $1.00 per month. The City’s mandated
contribution for each annuitant shall be increased annually in compliance with
Government Code section 22892(c), until the contribution for annuitants
RESOLUTION NO. 14-7513
PAGE 9
equals the contribution paid for employees. A retiree’s right to receive a City
contribution, and the City’s obligation to make a mandatory contribution on
behalf of retirees, shall only exist as long as the City contracts with CaIPERS
PEMHCA for medical insurance. In addition, while the City contracts with
CaIPERS PEMHCA, its obligation to make mandatory contributions on behalf
of retirees shall be limited to the minimum contribution required by law
B. IRS Section 125 Benefit (Cafeteria) Plan. The City shall continue to provide
payment of benefit premiums for employees under an IRS Section 125 Benefit Plan. The
current benefits include medical, dental, life, long-term disability insurance, and EAP coverage.
Medical insurance is a core benefit which a City employee is required to be enrolled in unless
he is covered by another medical insurance plan with comparable coverage and/or meets
minimum essential coverage as specified by the Affordable Care Act.
1. The City’s maximum contribution shall be the sum of the monthly premiums as
designated for each of the following categories:
Employee only (“EE”)
Employee +1 Dependent (“EE +1 ”)
Employee +2 or more dependents (“EE +2”)
The maximum City contribution shall be based on the employee’s enrollment in each
plan. The employer mandated PEMHCA contribution is included in the sum of the CaIPERS
medical premium. If an employee enrolls in a plan wherein the costs exceed the City’s
maximum contribution, the employee is responsible for all additional premiums through pre-tax
payroll deductions. An employee is not entitled to any excess amount of premiums paid by the
City on his behalf
2. In the event that CaIPERS medical insurance premiums increase above eight
percent (8%) on average for the 2015 calendar year, the City may impose an
employee contribution towards medical insurance premiums.
3. The City continues to provide other benefits coverage under an Employee
Voluntary Benefits Program fully funded by the employee on a pre-tax basis in
accordance with IRS regulations
C. Employee Waiver of Medical Coverage. The City agrees to permit an employee to
waive City-sponsored medical coverage as follows:
1. The employee presents written proof to the Human Resources Office that he and
his qualified dependent(s) are covered by another non-City-sponsored medical
plan
2. The employee provides satisfactory written proof that the other medical coverage
meets comparable coverage to that offered by the City and/or minimum essential
coverage as specified by the Affordable Care Act;
3. Employee signs a statement acknowledging a waiver of City offered medical
insurance coverage and agreement to hold the City harmless for any
consequences, whatsoever, that result from the employee's waiver of City
offered medical insurance coverage for employee and/or qualified dependent(s);
and
RESOLUTION NO. 14-7513
PAGE 10
4. Employee signs a statement acknowledging his understanding that his qualified
dependent(s) are not eligible to re-enroll in City sponsored medical coverage until
the next Open Enrollment period or as otherwise required by law under COBRA
provISIons
Effective the first pay cycle that the City is scheduled to pay medical opt out after
adoption of this Resolution, the City agrees that the employee who is qualified to waive
coverage shall receive one hundred fifty dollars ($150.00) per month if waiver eligibility is for
“employee only” coverage, three hundred dollars ($300.00) per month if waiver eligibility is for
“employee plus one” coverage, or five hundred dollars ($500.00) per month if waiver eligibility is
for “employee plus two or more dependents” coverage. The eligible amount will be added to the
employee's paycheck or will be placed in the employee’s deferred compensation plan account
A medical opt out election may only be made during an announced open enrollment period for
medical insurance changes effective January 1
D. Dental Insurance.
1. HMO Dental Coverage. The City shall contribute thirty-one dollars and ninety-five
cents ($31.95) per month towards a HMO dental benefit plan for employee and
his/her qualified dependent(s). Any amount necessary to cover the monthly
premium in excess of the City’s contribution is the responsibility of the employee.
2 Delta Dental Premier Plan. This is a self-funded plan administered by Delta
Dental. Premiums are calculated annually based on prior year’s claims
experience, administrative fees, and an industry trending projection. The City
agrees to maintain the employee’s contribution rate of fifty-two percent (52%)
towards monthly premium coverage. For calendar year 2014, the City agrees to
maintain the $95.86 monthly premium composite rate for the two tier (“Employee
only” and “Employee plus two or more dependents”) coverage structure. Prior to
December 31, 2014, the City will evaluate other Delta Denta\ plan options for
implementation to reduce premiums or employee out of pocket costs as a result
of changing to a three-tier rate structure (“Employee only,” “Employee plus one
dependent,” and “Employee plus two or more dependents”) for monthly
premiums effective January 1, 2015
E. Life Insurance. The City shall provide group term life insurance coverage as follows:
1. Executive Management - A basic life insurance policy in an amount equal to one
times annual earnings up to $100,000.00
2. Middle Management - A basic life insurance policy in an amount equal to one
times annual earnings up to $100,000.00.
3 Confidential/Exempt - A basic life insurance policy in the amount of $10,000.00,
4. Under the terms of each policy, benefit provisions are payable and determined by
the insurance carrier
F. Long Term Disability Insurance. For employees in the Executive and Middle
Management and Confidential/Exempt service, the City shall provide group long-term disability
insurance coverage. Under the terms of this policy, benefit provisions are payable and
determined by the insurance carrier
RESOLUTION NO. 14-7513
PAGE 11
G. Employee Assistance Program (EAP). The City provides each employee an EAP
benefit that provides emotional/well-being, work and life counseling services on a toll free 24
hour/7 days per week
SECTION 7. RETIREMENT
A. CaIPERS Retirement Plan. Employees covered by this Agreement participate in
the California Public Employees’ Retirement System (CaIPERS). Employee optional benefits
are described in a contract between the City of Downey and the California Public Employees’
Retirement System and are incorporated into this Resolution.
1 First Tier Retirement Formulas. Effective August 19, 2002, the City amended the
CaIPERS contract to provide the benefit known as 2.7% @ 55 retirement formula
for miscellaneous employees as set forth in Government Code Section21354.5.
Effective July 24, 2000, the City amended the CaIPERS contract to provide the
benefit known as 3% @ 50 for the sworn safety positions of Police Chief and Fire
Chief
2 Second Tier Retirement Formulas. Effective January 1 1, 2012, the City
amended the CaIPERS contract to provide the benefit known as 2% at age 60
retirement formula for miscellaneous members, as set forth in Government Code
Section 21353. Effective December 9, 2011, the City amended its CaIPERS
contract for fire safety members and October 10, 2012 for police safety members
to implement the 3% @ 55 second tier retirement formula as set forth in
Government Code Section 21363.1. These Second Tier Retirement Formulas
will not apply to “new members” as that term is defined by the Public Employees’
Pension Reform Act of 2013
3. Third Tier Retirement Formula. Any “new members,” as that term is defined by
the Public Employees’ Pension Reform Act of 2013, hired on or after January 1,
2013 will be subject to the benefit known as 2% @ age 62 retirement formula as
mandated by the Public Employees’ Pension Reform Act of 2013.
4. Survivor/Death Benefits. Effective July 13, 2009, the City implemented the
CaIPERS contract amendment to include: (a) the Level 4 1959 CaIPERS
Survivor’s Benefit program (Section 21574) and (b) the Pre-Retirement Optional
Settlement 2 Death Benefit (Section 21548).
5.CaIPERS Contributions – First Tier Formula. In accordance with existing
practice and Government Code Sections 20636 (c) (4), and 20691, the City wiI
pay the CaIPERS miscellaneous member contribution equal to eight percent
(8%) for employees enrolled in the 2.7% @ 55 first tier retirement formula and
report the contribution as compensation earnable (referred to as reporting the
value of Employer Paid Member Contribution (EPMC) as special compensation).
Similarity, the City will pay the CaIPERS safety member contribution equal to nine
percent (9%) for the Chief of Police and the Fire Chief enrolled in the 3% @ 50 first tier safety
retirement formula and report the contribution as compensation earnable (referred to as
reporting the value of Employer Paid Member Contribution (EPMC) as special compensation).
Effective the pay period that includes July 1, 2012 all employees shall begin to have
deducted, on a pre-tax basis, two percent (2%) of CaIPERS reportable compensation, pursuant
to California Government Code Section 20516(f).
RESOLUTION NO. 14-7513
PAGE 12
Effective the pay period that includes July 1, 2013 all employees shall have deducted an
additional two percent (2%) of CaIPERS reportable compensation, for a total of four percent
(4%), on a pre-tax basis, pursuant to Government Code Section 20516(f). Effective the pay
period that includes July 1 , 2015, the four percent (4%) employee cost sharing referenced in this
paragraph shaii be reduced to three percent (3%) through the pay period that includes March
31, 2016; thereafter, the four percent (4%) cost sharing amount shall apply unless otherwise
modified by Council approval
Effective the pay period that includes July 1, 2014, the Chief of Police shall only have a
total of six percent (6%) of CaIPERS reportable compensation deducted on a pre-tax basis
pursuant to Government Code Section 20516(f), unless otherwise modified by Council approval.
Should an employee be mandated by a change in law or other action to contribute any
portion of the required employee (member) contribution to CaIPERS, the City shall take all
action necessary to reduce the deduction then being made pursuant to California Government
Code Section 20516(D, above, by the amount of the
mandated employee contribution
The City shall take action, if necessary, to pass a resolution setting forth that all
deductions or contributions under this Section shall be regarded as a pick-up of retirement costs
pursuant IRC 414(h)(2).
6 CaIPERS Contribution – Second Tier Formula. Eligible miscellaneous employees
hired on or after January 1 1 , 2012 shall be enrolled in the second tier 2% @ age
60 retirement formula and shall pay the full seven percent (7%) member
contribution for the entire term of their employment. Such payment will be
handled on a pre-tax basis by way of a bi-weekly payroll deduction.
Similarly, an employee hired in the capacity of Fire Chief on or after December 9, 2011
or hired in the position of Chief of Police on or after October 10, 2012 shall be enrolled in the 3%
@ age 55 retirement formula and shall pay the full nine percent (9%) member contribution for
the entire term of their employment. Such payment will be handled on a pre-tax basis by way of
a bi-weekly payroll deduction.
7.Employee (Member) CaIPERS Contribution – Third Tier Formula. All “new
members,” as that term is defined by the Public Employees’ Pension Reform Act
of 2013, hired on or after January 1, 2013 will be enrolled in the third tier 2% @
age 62 retirement formula for miscellaneous members or 2.7% @ age 57 for
sworn public safety members and will be required to pay fifty percent (50%) of
the total normal cost as set by CaIPERS in compliance with the requirements of
the Public Employees’ Pension Reform Act of 2013. Additionally, the City is
prohibited from paying any portion of the member contribution under the Public
Employees’ Pension Reform Act of 2013.
B. City Contribution to Retiree’s Health Savings (RHS) Plan. An employee who
retired from the City of Downey after July 1, 1987 is entitled to participate in the City sponsored
medical plan and the City contributes up to a maximum of ninety-eight dollars ($98.00) per
month for miscellaneous members or two hundred seventy dollars ($270.00) per month for
those employees retiring in the capacity of Chief of Police and Fire Chief toward the premium for
“Employee only” coverage under the City sponsored medical plans. As a result of the City
contracting for CaIPERS medical insurance pursuant to PEMHCA provisions effective October
1, 2012, the following revisions are in effect to avoid an increase cost to the City’s mandated
contribution for retirees
RESOLUTION NO. 14-7513
PAGE 13
1. Subject to meeting eligibility criteria below, the maxirnum ninety-eight dollars
($98.00) per month shall be deposited on a quarterly basis to the retiree’s RHS
account for the reimbursement of qualified medical expenditures.
2. 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
3. At the time of retirement the employee is employed by the City; and
4. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement
System .
5. The City's obligation to deposit up to a maximum of ninety-eight dollars ($98.00)
per month toward the retiree’s RHS account shall be modified downward or
cease during the lifetime of the retiree upon the occurrence of any one of the
following
a.During any period the retiree 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 RHS 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 misrepresentation has occurred, the
retiree will be responsible for reimbursement to the City of those amounts
inappropriately deposited and the retiree's eligibility to receive future RHS
deposits will cease
b.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 rate set forth above shall be converted from a RHS deposit
and applied to that plan. If there is any excess, that excess may be applied
toward the retiree’s RHS account provided the retiree pays the balance owing
for any such coverage
C Upon the death of the retiree, the City’s obligation to deposit into the retiree’s
RHS account shall cease. The surviving spouse shall be able to continue
CaIPERS medical insurance coverage pursuant to PEMHCA provisions and
provided the surviving spouse pays the appropriate premiums minus the
City’s mandated retiree contribution amount.
6. It is understood and agreed that the amount equivalent to the annual amount
contributed by the City to an eligible retiree’s RHS account, shall be included as
an item of total compensation in survey comparisons.
7 An eligible retiree covered by this Section who no longer elects coverage under
any City sponsored medical plan, effective at the end of any calendar quarter
may present the City with proof of payment for alternate health insurance
coverage and continue to receive the City’s deposit to the retiree’s RHS account
on a quarterly basis up to the amount to which the retiree is entitled in B above.
Once a retiree elects to withdraw from eligibility to participate in a City sponsored
RESOLUTION NO. 14-7513
PAGE 14
health plan for coverage under an alternate insurance plan, the retiree may not
re-enroll in a City sponsored medical plan or otherwise forfeits the City’s RHS
contribution amount permanently
In addition to the condition specified in 5 above, the City’s deposit to a retirees
RHS account shall cease upon the occurrence of any of the following
a. The retiree fails to submit or respond to the City’s request (via certified mail to
the last known mailing address of the retiree) to provide appropriate proof of
alternate health insurance coverage at the end of sixty (60) days from the
date of the City’s written request
b. The death of the retiree.
C. Retiree Proof of Alternate Medical Coverage. A retiree covered by this Section
may elect to discontinue coverage under any of the City-sponsored medical plans effective at
the end of any calendar quarter. In such a case, the retiree may present the City with proof of
enrollment for alternate health insurance coverage and receive from the City the RHS
contribution on a quarterly basis up to the amount to which the retiree is entitled per B above
Once a retiree withdraws from eligibility to participate in a City-sponsored health plan for
coverage, the retiree may not re-enroll in a City-sponsored medical plan
The City’s contribution towards a retiree’s RHS plan will cease upon the occurrence of
any of the following:
a. The retiree fails to submit appropriate proof of payment of alternate health
insurance coverage within sixty (60) days of the end of the calendar quarter.
b. The death of the retiree
SECTION 8. MEDICAL EXAMINATION Executive and Middle Management employees
may participate in the City-sponsored bi-annual management physical at City cost or be
reimbursed up to $125.00 per year for a medical examination with a physician of choice. Refer
to Administrative Regulation No. 405
SECTION 9. 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 head 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
Administrative Regulation No. 403
SECTION IO. UNIFORM ALLOWANCE
A. Fire Chief. Upon appointment, the City will provide a full dress uniform. The Fire
Chief shall receive two hundred and twenty dollars ($220.00) per year for supplemental
uniforms and physical fitness clothing. The Fire Chief shall receive twelve dollars ($12.00)
monthly as uniform maintenance allowance.
RESOLUTION NO. 14-7513
PAGE 15
SECTION 11. CONFIDENTIAL/EXEMPTCOMPENSATION 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
Public Information Coordinator
Chief Deputy City Clerk
Secretary to the City Council
Deputy City Clerk
01
01
01
01
240
227
227
203
2 Eligibility for Merit Longevity Pay. 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 and 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
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 payments shall continue with
approval of the City Manager only during such period as an eligible employee
continues to meet standards as defined above. If an employee no longer meets
standards as defined above, the employee will no longer be eligible for merit
longevity pay.
SECTION 12. AUTOMOBILE ALLOWANCE An employee hired or promoted into
Executive Management classifications after December 1 , 1989 shall no longer be eligible to
drive a City vehicle. Instead, such employee will receive three hundred dollars ($300.00) per
month as automobile allowance.
The automobile allowance will not be provided to the Chief of Police or the Fire Chief
An employee in these positions will continue to receive a City vehicle.
SECTION 13. BILINGUAL PAY Employees required to speak or translate Spanish as
part of their regular duties will be compensated forty-six dollars and fifteen cents ($46.15) per bi-
weekly pay period. The City Manager has the authority and discretion to assign and/or remove
this bonus up to budget authority. To be eligible for this assignment, the employee must pass a
conversational examination administered by a certified interpreter, or an employee who has
been appointed by the Human Resources Director to administer such examination. The
employee must recertify at least every eighteen (18) months to maintain the eligibility
RESOLUTION NO. 14-7513
PAGE 16
SECTION 14. PREVIOUS RESOLUTIONS All previous Resolutions establishing
benefits payable to employees covered by this Resolution are hereby repealed and replaced by
this Resolution.
SECTION 15. The City Clerk shall certify to the adoption of this Resolution and provide
for the appropriate distribution thereof.
APPROVED AND ADOPTED this 12th d,y ,f A„g.st4aa//
fo–T/TsB–aa
Mayor
A'TT£ST
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ADRIA M.m
City Clerk
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I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular Meeting held on the 12th day of August, 2014 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members: Brossmer, Guerra, Saab, Marquez, Mayor Vasquez
Council Member: None
Council Member: None
Council Member: None
A6RI xm
City Clerk