HomeMy WebLinkAboutResolution No. 16-7633-Establishing Salary & Benefits Exec Mgmt, Middle Mgmt, Confidential/Exempta • i
RESOLUTION OF THE CITY COUNCIL OF OF DOWNEY
ESTABLISHING THE SALARY AND BENEFITS PAYABLE TO EMPLOYEES
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE
AND • r 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 3% across the board salary increase effective the
first pay period that includes April 1, 2016 and a 2% across the board salary increase effective
the first pay period that includes April 1, 2017 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 due to the scheduling of such
consideration aligned with negotiated 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
Finance Director
Fire Chief
RESOLUTION NO. 16-7633
PAGE 2
B. Exclusions. Executive Management employees are specifically excluded from
overtime compensation of any type and Education Incentive Pay. Individuals appointed or
promoted to Executive Management classifications after January 24, 1984 are automatically
excluded from eligibility for 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 Finance Manager
Assistant to the City Manager
Building Official
City Planner
Deputy Director of Public Works
Director of Human Resources
Economic Development & Housing Manager
Emergency Preparedness Coordinator
Executive Director of the Columbia Memorial Space Center
Finance Manager
Information Technology& Systems Manager
Management Analyst
Principal Accountant
Principal Civil Engineer
Recreation Manager
Senior Accountant
Senior Civil Engineer
Senior Human Resources Analyst
Senior Management Analyst
Superintendent of Facilities and Maintenance
Superintendent of Utilities
System /Network Engineer
B. Exclusions. Middle Management employees are specifically excluded from
overtime compensation of any type. The positions of Information Technology & Systems
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 to Middle Management classifications after January 24, 1984 are automatically
excluded from eligibility for Longevity Pay.
i, • l
A. The following classifications shall be designated as exempt from the classified
service and shall be considered as Confidential:
Public Information Coordinator
Chief Deputy City Clerk
Deputy City Clerk
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
VI I I, 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.
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, ' Yea r Maximum Accrual
0 - 5 120 240
6-10 136 272
11+ 160 320
RESOLUTION
PAGE 4
c. Confidential /Exempt employees shall accrue annual vacation leave as
follows:
Years of Service
Hours per Yea r
Maximum Accrual:
0 - 3
80
160
4 - 5
96
192
6-10
120
240'
11 -15
136 `
272
16+
160
320
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 vacation in an amount equal to two (2) times their annual
accrual rate ( "Maximum Accrual "). Once Maximum Accrual is reached, an
employee may not be entitled to accrue additional vacation until the amount
of accumulated vacation is reduced to a level below Maximum Accrual. If an
employee is prohibited by the Department Head or designee from taking his
vacation because of manpower shortages or operational needs, the
employee shall be paid for the period of advance authorized vacation. Such
vacation shall be approved by the Department Head or designee and paid at
the employee's regular rate of pay in effect for the scheduled period of
vacation.
b. As possible, the Department Head or designee shall accommodate the
employee's desire to take vacation time in order to reduce or avoid exceeding
the vacation Maximum Accrual Any vacation time taken this Section shall be
on a date mutually agreeable to both the Department Head and the
employee.
c. 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.
d. Vacation shall be' accrued 'on a monthly basis by dividing twelve (12) into the
number of eligible vacation hours, as set forth in Section 5(A) above, to which
the employee is eligible to receive based upon the employees' years of
service with the City.
a. Sick leave shall be defined as absence from duty because of illness or off the
job injury, exposure to contagious disease as evidenced by certification from
an accepted medical authority, or as prescribed by law.
b. Sick leave shall be accrued at the rate of 3.692 hours per biweekly pay period
(ninety -six [96] hours per year) for full -time employees without limit on
accumulation. Sick leave shall not be considered to be a privilege which an
employee may use at his discretion, but rather shall be allowed only for the
purposes specified below.
C. Use of Protected Sick Leave
a. Effective the start of the pay period which includes July 1, 2015, the first three
(3) shifts or hours equivalent (e.g. twenty -four [24] hours for employees
assigned to a 5/8 work schedule, twenty -seven [27] hours for employees
assigned to a 9/80 work schedule, or thirty [30] hours for an employee on`a-
4/10 work schedule) of paid sick leave taken each twelve (12) month period,
for any authorized purpose, will be considered sick leave used pursuant to
the Healthy Workplaces, Healthy Families Act of 2014. This twelve (12)
month period is July 1 through June 30 for employees hired prior to July 1,
2015. For employees hired on or after July 1, 2015, the twelve (12) month
period is the twelve (12) month period beginning on the employee's hire date,
until the following July 1 a which point the employee's twelve (12) month
period will begin the start of the pay period which includes July 1 to the pay
period that includes June 30.
b. Effective January 1, 2016, employees can use up to an additional forty -five
(45) hours of sick leave per year provided by the California Kin Care law.
c. An employee can use sick hours as protected sick leave for any of the
following reasons: The diagnosis, care, or treatment of an existing health
condition of, or preventative care for, an employee or the employee's family
member.
d. For purposes of this section,_ a family member includes employee's parent,
child, spouse, registered domestic partner, parent -in- law, grandparent,
grandchild, and sibling. Only the first three (3) shifts or hours equivalent plus
forty -five (45) hours of sick leave in a twelve (12) month period can be used
as described above.
e. Employees can use protected sick leave for related purposes if they are
victims of domestic violence, sexual assault or stalking.
f In order to receive compensation while absent on protected sick leave, the
employee shall notify a designated supervisor within two (2) hours of the time
set for beginning duty, if such notification is physically impractical then such
notification shall be waived until a reasonable period has elapsed.
g. for any such absence in which protected sick leave is utilized, the employee
shall submit a written statement with the Department Head confirming the use
of protected sick leave. A physician's statement verifying the absence from
work is not required.
h. When an employee is not utilizing protected sick leave, the Department Head
or his designee may require a physician's certificate stating the cause for any
subsequent absence before said leave shall be approved. Such absence may
be more than one (1) workday or if there is reasonable cause to indicate
abuse of sick leave.
RESOLUTION NO. 16 -7633
PAGE 6
D. Accrued Sick Leave Benefit
a. The right of an employee to accrued sick leave benefits "shall continue only
during the period that the employee is on paid status. Accrued sick leave
benefits 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, except as required by federal or state law.
b. 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.
C.
E. Fitness for Duty
a. Upon the written request of the appointing authority, based upon job - related
grounds and consistent with business necessity, the City Manager or his
designee may require an employee to submit to an examination by the City's
physician to determine fitness for duty. Any employee so examined shall
have the opportunity 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 based upon the medical evidence submitted to him.
F. Other Uses of Sick Leave
a. Sick Leave Conversion at Retirement or Death
1. An employee shall have the value of unused accumulated sick leave up
to a maximum number of hours deposited into the City's Retirement
Health Savings (RHS) Plan to be used for eligible medical expenditures.
The value of accrued sick leave hours shall be calculated by the rate of
pay at retirement or death.
2 An employee on payroll as of October 25, 2011 with 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 as his eligible maximum
for deposit.
3. 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.
b. Sick Leave Conversion upon Layoff.
RESOLUTION NO. 16 -7633
PAGE 7
1. 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 in F(a) above. If such employee resigns after
receiving official notification of his impending layoff, he shall remain
eligible for the benefit.
c. Conversion of Sick Leave to Vacation.
1. An employee may convert accrued sick leave at the rate of two (2) hours
to one (1) additional hour of vacation, but only 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
anyone (1) fiscal year.
d. Bereavement Leave
1 . An employee who has suffered a death of an immediate family of the
employee may be allowed bereavement leave with pay of up to six (6)
work days per incident based on one half (1/2) work day of bereavement
leave for each month of regular employment, that is deducted from the
employee's accumulated sick leave. For purposes of this Section,
"immediate family" shall include, and be limited to employee's mother,
father, brother, sister, spouse, child grandchildren, grandparents, and
current parent -in- laws.
2. All such claims for bereavement leave are subject to verification by the
Department Head or designee.
e. Personal Leave
1.; With approval of the Department Head or City Manager, twenty -four (24)
hours 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 or to add one additional hour per holiday as covered
in Section 0(1). 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.
1. 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 temporary
disability status with the City paying the difference between the amount granted'
pursuant to Workers' Compensation law and the employee's rate of pay.
RESOLUTION NO. 16-7633
PAGE 8
H. 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 5 360
6 through 10 544
Over 10 720
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.
RESOLUTION NO. 16 -7633
PAGE 9
i. 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.
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.
K. Executive Leave
1. Executive Management and Middle Management employees shall receive
executive leave as outlined below. The use of executive leave shall be governed
by regulations distributed by the City Manager.
2. An employee designated as Executive Management is eligible for thirty -two (32)
hours of paid time off per calendar year.
3. An employee designated as Middle Management shall receive twenty -four (24)
hours of paid time off per calendar year.
4. There is no cash out or carry over provision for this leave.
1. Executive Management and Middle Management employees are eligible for
educational and professional leave as outlined below. The use of such leave
shall be governed by regulations distributed by the City Manager.
1. An employee designated as Executive Management is eligible for up to twelve
(12) days per year maximum subject to budgetary appropriations and City
Manager approval
2. An employee designated as Middle Management is eligible for up to six (6) days
per year maximum subject to budgetary appropriations and City Manager
approval.
ITRM
The City shall comply with the state pregnancy disability leave law. Administrative
Regulation No. 418 is incorporated by reference herein.
RESOLUTION NO. 16-7633
PAGE 10
N. Family Leave
The City shall comply with the state and federal family leave entitlement laws.
Administrative Regulation No. 430 is incorporated by reference herein.
1 Employees shall receive eight (8) hours of pay for each of the following holidays,
a. New Year's Day
b. Martin Luther King's Birthday
C. Washington Birthday (President's Day)
d. Memorial Day
e. Independence Day
f. Labor Day
g. Veteran's Day
h. Thanksgiving Day
i. Day after Thanksgiving
j. Day before Christmas
k. Christmas Day
1. 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 (9) hours
and the employee takes the day off, the employee shall add one (1) 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.
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 non -FLSA
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 his regularly
scheduled workday when the holiday falls on a scheduled work day.
A. Medical Insurance
1. Effective October 1, 2012, the City contracted with the California Public
Employees' Retirement System (CalPERS) to implement the CalPERS 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.
IN*
2. The City's modifications to the retiree medical benefits provisions in this
Resolution are made for compliance with the CalPERS 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:
a. Employees and retirees have the option of choosing medical insurance
coverage from any of the medical plans offered by CalPERS.
b. 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 CalPERS 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 payment to the City via payroll
deduction for the premium amount in excess of the City's contribution.
c. 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.
d. The City is mandated under PEMHCA to make a contribution to retiree
medical premiums. As allowed by the Government Code and the CalPERS
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
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 CalPERS
PEMHCA for medical insurance. In addition, while the City contracts with
CalPERS 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.
2. 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")
•
PAGE 12
3. 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 CalPERS 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 via pre -tax payroll deductions. An employee is not entitled
to any excess amount of premiums paid by the City on his behalf.
4. In the event that CalPERS medical insurance premiums increase above eight
percent (8 %) on average for any calendar year, the City may impose an
employee contribution towards medical insurance premiums.
5. 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.
The City agrees to permit an employee to waive City- sponsored medical coverage as
follows:
1. The employee must present written proof to the Human Resources Office that he
and his qualified dependent(s) are covered by another non - City- sponsored
medical plan for the current plan year;
2. The employee must sign 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
3. The employee must sign 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.
4. Effective the next 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 three hundred dollars ($300.00) per month if waiver
eligibility is for "employee only" coverage, four hundred fifty dollars ($450.00) per
month if waiver eligibility is for "employee plus one" coverage, or six hundred fifty
dollars ($650.00) 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
to the City via payroll deduction.
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 the monthly composite premium rate for the two tier premium structure
( "Employee only" and "Employee plus two or more dependents "). The City will
evaluate other Delta Dental plan options for implementation to reduce premiums
or employee out of pocket costs including a change 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.
E. Life Insurance
The City shall provide group' term life insurance` coverage that includes accidental
death and dismemberment coverage as follows:
1. Executive Management- A basic life insurance policy in the amount equal to one
(1) times annual earnings up to $100,000.00.
2. Middle Management - A basic life insurance policy in an amount equal to one (1)
times annual earnings up to $100,000.00.
3. Confidential /Exempt -A basic life insurance policy in amount of $10,000.00.
4. As soon as practicable after the adoption of this Resolution, the City will
implement a flat rate life insurance policy for Executive and Middle Management
employees in the amount of $100,000.00 and will increase the basic life policy
value for Confidential /Exempt employees to $50,000.00.
5. Under the terms of each policy, benefit provisions are payable and determined by
the insurance carrier
r
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
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 Resolution participate in the California Public Employees
Retirement System (CalPERS). Employee optional benefits are described in a contract
between the City of Downey and the California Public Employees' Retirement System.
RESOLUTION NO.
PAGE 14
1. First Tier Retirement Formula. Effective August 19, 2002, the City amended the
CalPERS contract to provide the benefit known as 2.7% at 55 retirement formula,
as set forth in California Government Code Section 21354.5.
a. In accordance with existing practice and Government Code sections
20636(c)(4) and 20691, the City will pay the employee's statutorily required
member contribution of eight percent (8 %) and report this Employer Paid
Member Contribution ( °EPMC ") to CalPERS as special compensation.
b. Effective the pay period that includes July 1, 2012, employees shall begin to
have deducted, on a pre -tax basis, two percent (2 %) of CalPERS reportable
compensation,, pursuant to California Government Code Section 20516(f).
c. Effective the pay period that includes July 1, 2013, employees shall have
deducted an additional two percent (2 %) of CalPERS reportable
compensation, for a total of four percent (4 %), on a pre -tax basis, pursuant to
Government Code Section 20516(f).
d. Effective the pay period that includes July 1, 2015, the four percent (4 %)
employee cost sharing referenced in C. above shall 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 a change on a
later date is adopted by the City Council.
e. Should an employee be mandated by a change in law or other action to
contribute any portion of the required employee (member) contribution to
CalPERS, the City shall take all action necessary to reduce the deduction
then being made pursuant to California Government Code Section 20516(f),
above, by the amount of the mandated employee contribution.
f. The City has passed 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).
g. First tier benefits are available only to "Classic" members (i.e. those members
that do not meet the statutory definition of "New Member" under the California
Public Employees' Pension Reform act ( "PEPRA "), specifically Government
Code Section 7522.04 (f) and who were hired prior to October 10, 2012).
2. Second Tier Retirement Formula. Effective January 11, 2012, the City amended
the CalPERS contract to provide the benefit known as 2% at 60 second tier
retirement formula, as set forth in Government Code Section 21353. This Second
Tier Retirement Formula will not apply to "new members" as that term is defined
by the Public Employees' Pension Reform Act of 2013.
a. Employees covered hereunder shall pay, on a pre -tax basis, the seven
percent (7 %) statutorily required member contribution to CalPERS.
b. This City has passed a Resolution setting forth that all deductions or
contributions under this Section shall be regarded as a pick -up of retirement
costs pursuant to IRC 414(h)(2).
• • •
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c. Second tier benefits are available only to "classic" members (i.e. those
members that do not meet the statutorily definition of "new member' under
the California Public Employees' Pension Reform Act ( "PEPRA "), specifically
Government Code Section 7522.04(f) and hired on or after October 10, 2012,
but before January 1, 2013.
3. Third Tier ( "PEPRA" Tier) Retirement Formula. Employees who meet the
definition of "new member" set forth in Government Code Section 7522.04(f)
shall be eligible for the benefits provided by PEPRA, which include but are not
limited to, the following:
a. Retirement formula of 2% @ 62 (Government Code Section 7522.25);
b. Employees covered hereunder shall pay a member contribution of fifty
percent (50 %) of normal cost as determined from time to time by CalPERS
(employee contribution is six and one - fourth percent (6.25 %) for FY 2016 -17);
c. There shall be no Employer Paid Member Contribution ( "EPMC ") by the City;
d. Retirement benefit calculations shall be based on pensionable compensation,
as defined by Government Code Section 7522.34; and
e. Retirement benefits shall be calculated based on the three (3) year highest
average annual pensionable compensation.
4. Survivor /Death Benefits. Effective July 13, 2009, the City implemented the PERS
contract amendment to include: (a) the Level 4 1959 PERS Survivor's Benefit
program (section 21574) and (b) the Pre - Retirement Optional Settlement 2 Death
Benefit (section 21548).
B. City Contribution to Retiree's Health Savings (RH ) Plan
An employee who retires 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. This contribution is inclusive of
the Public Employees' Medical and Hospital Care Act (PEMHCA) statutory minimum
employer contribution as specified in California Government Code § 22892(c).
As a result of the City contracting for CalPERS 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:
1. Subject to meeting eligibility criteria below, the maximum ninety -eight dollars
($98.00) or two hundred seventy dollars ($270.00) per month as specified above,
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,
RESOLUTION •
PAGE 16
3. At 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) or
two hundred seventy dollars ($270.00) per month, as specified above 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
CalPERS 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 as specified
above. Once a retiree elects to withdraw from eligibility to participate in a City
sponsored 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,
RESOLUTION NO. 16 -7633
PAGE 17
In addition to the conditions specified 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,
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 fora
medical examination with a physician of choice. Refer to Administrative Regulation No. 405.
SECTION 9. TUITION REIMBURSEMENT
A. 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 Los Angeles (CSULA) for courses on the quarter system and California
State University Long Beach (CSULB) for courses on the semester system. The
employee will be reimbursed for required books only. Refer to Administrative
Regulation No. 403.
B. Effective Fall 2016, rates for quarter system will be those in effect for California
State University San Bernardino (CSUSB) as a result of CSULA converting to the
semester system.
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.
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.
RESOLUTION NO. 16 -7633
PAGE 18
1. Salary Schedules. The following salary schedules are designated for
classifications in the Confidential /Exempt service:
Class Title
Public Information Coordinator 01 240
Deputy City Clerk 01 227
2. Eligibility for Longevity Pay. Upon adoption of this Resolution following with
approval of the appointing power, employees who have completed ten (10)`
continuous years of full -time service shall receive Longevity Pay. Eligible
employees shall be paid above their hourly rate of pay five and one -half percent
(5.5 %) for ten (10) completed years of service and eight and one quarter percent
(8.25 %) for twenty (20) completed years of service.
A. 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.
1 Effective the pay period following adoption of this Resolution, the classification of
Director of Human Resources shall be eligible to receive automobile allowance.
2. Automobile allowance will not be provided to the Chief of Police or the Fire Chief.
Employees in these classifications will continue to receive a City vehicle.
SECTION 13. BILINGUAL PAY
Effective the pay period following adoption of this Resolution, employees required to
speak or translate Spanish as part of their regular duties will be compensated seventy dollars
($70.00) 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.
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.
10th day of May, 2016,
ALEX SAAB, Mayor
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 10th day of May, 2016, by the following
vote, to wit:
AYES:
Council Members:
NOES:
:Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members: