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HomeMy WebLinkAboutResolution No. 23-8155 - Establishing the Salary & Benefits Payable to Employees Classified as Exec Mgmt, Middle Mgmt, & Confidential/ExemptA 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 4 percent (4%) across the board salary increase effective the start of the pay period that includes April 1, 2023,4 percent (4%) across the board salary increase effective the start of the pay period that includes April 1, 2024, and a 4 percent (4%) across the board salary increase effective the start of the pay period that includes April 1, 2025, 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 City shall provide the Fire Chief position a 4 percent (4%) across the board salary increase effective the start of the pay period that includes January 1, 2023, 4 percent (4%) across the board salary increase effective the start of the pay period that includes January 1, 2024, and a 4 percent (4%) across the board salary increase effective the start of the pay period that includes January 1, 2025, to coincide with salary increases approved for rank and file employees within the Fire Department; and, WHEREAS, the City shall provide the Police Chief position a 4 percent (4%) across the board salary increase effective the start of the pay period that includes July 1, 2023, 4 percent (4%) across the board salary increase effective the start of the pay period that includes July 1, 2024, and a 4 percent (4%) across the board salary increase effective the start of the pay period that includes July 1, 2025, to coincide with salary increases approved for rank and file employees within the Police Department; and, WHEREAS, The City shall make a one-time ad hoc lump sum payment of twenty-five hundred dollars ($2,500.00) to each Executive Management, Middle Management, and Confidential/Exempt employee in classifications listed in Sections 1 through 3, who are actively employed by the City on the date this resolution is adopted by the City Council and remain employed at the date of the payment. The payment shall be made by direct deposit during the workweek beginning April 10, 2023; and, WHEREAS, this resolution shall incorporate resolution 21-8042 that amended health benefits for Executive Management, Middle Management, and Confidential/Exempt employees; 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. RESOLUTION NO. 23-811 PAGE 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: 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 Deputy City Manager/ Community Development Director of Community Development Director of Human Resources Director of Parks and Recreation Director of Public Works Finance Director Fire Chief 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. 0 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 Director Assistant to the City Manager Building Official City Planner Deputy Director of Public Works — Engineering & Traffic Deputy Director of Public Works - Utilities Economic Development & Housing Manager Emergency Preparedness Program Manager Memorial Space Center GIS Program Manager Human Resources Manager Infirniat4i) Tachnihigy & Manager Management Analyst Principal Accountant Principal Civil Engineer Recreation Manager Senior Accountant Senior Civil Engineer PAGE 3 Senior Civil Engineer - Utilities 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 over forty (40) in a work week 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. 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 Human Resources Specialist 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 Vill, 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 Vill, 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: PAGE 4 lil 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 por Yea Maximum Accrual 0-5 120 240 6-10 136 272 11+ 160 320 c. Confidential/Exempt employees shall accrue annual vacation leave as follows: Years of Service Hours Der Year Maximum4ccrua' 0-3 80 160 4-5 96 192 6-10 120 240 11-15 136 272 16+ 160 320 2. 'Tacation shall be taken at the convenience of the City with the approval the Department Head or City Manager. Such vacation should be tak annually and not accumulated from year to year. Employees shall be allowe to accumulate vacation in an amount equal to two (2) times their annu accrual rate ("Maximum Accrual"). Once Maximum Accrual is reached d, a employee may not be entitled to accrue aditional vacation until the amou of accumulated vacation is reduced to a level below Maximum Accrual. If a ,al employee is prohibited by the Department Head or designee from taking h vacation because of manpower shortages or operational needs, th employee shall be paid for the period of advance authorized vacation. Su vacation shall be approved by the Department Head or designee and paid the employee's regular rate of pay in effect for the scheduled period vacatio-i. 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. RESOLUTION PAGE 5 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 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. 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 at 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-eight (48) 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-eight (48) 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. N�IIVRIWAVIA J1&11l&AW1WV PAGE 6 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 MI protected sick leave. A physic-i-an'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) work day or if there is reasonable cause to indicate abuse of sick leave. a. The right of an employee to accrued sick leave benefits shall continue onn during the period that the employee is on paid status. Accrued sick lea benefits shall not give any employee the right to be retained in the service the City, or any right of claim to sickness disability benefits after separati from the services of the City, except as required by federal or state law. I b. Notwithstanding anything contained in this Section, no employee shall entitled to receive any payment or other compensation from the City whi absent from duty by reason of injuries or disability received as a result 01 engaging in employment other than employment by the City, for moneta gain or other compensation, or by reason of engaging in business or activi for monetary gain or other compensation other than business or activi connected with City employment. a, Upon the written request of the appointing authority, based upon job-relate-mel grounds and consistent with business necessity, the City Manager or h designee may require an employee to submit to an examination by the City physician to determine fitness for duty. Any employee so examined sh have the opportunity to submit the reports of a competent medical authority his own selection, and at his own expense, in addition to the report submitt by the City's physician. In the event of a conflict of opinion and/ recommendation of the two physicians, a third physician shall be selected the first two physicians and the final decision shall be made by the Ci Manager based upon the medical evidence submitted to him. I 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 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 any one (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 which 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 domestic partner, 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 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 PAGE 8 for immediate action or to add one additional hour per holiday as covered in Section O(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. I 91MY 11V 11 1 1 1 111 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. 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: Tears of Service Total Hours 1 through 5 360 S 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: 2. The employee has recovered from his illness or injury. RESOLUTION • PAGE 9 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. H. 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. J. 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. RESOLUTION NO. 23-8155 PAGE 10 IIII 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. I C 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. The City shall comply with the state pregnancy disability leave law. Administrative Regulation No. 418 is incorporated by reference herein. M. Family Leave The City shall comply with the state and federal family leave entitlement laws, Administrative Regulation No. 430 is incorporated by reference herein. INGE= I III NUNN UPS iff I 1 11 M��� 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 9. Veteran's Day h, Thanksgiving Day i. Day after Thanksgiving j- Day before Christmas k. Christmas Day 2. '11hen 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. Ii! III J Al I I III I 1, 1111111111111111111111111111111111 Jill 1111,111 iii��� LEJJM�� RESOLUTION • . 23-8155 PAGE 11 receive holiday pay equivalent to the number of hours in his regularly scheduled work day when the holiday falls on a scheduled work day. 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. 2. 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: a. Employees and retirees have the option of choosing medical insurance coverage from any of the medical plans offered by CaIPERS. b. The City's monthly contribution amount will be 100% of the premium rate for medical insurance for employees plus their qualified dependent(s) up to the premium rates for the Los Angeles region Kaiser HMO medical plan offered by CaIPERS. If an employee enrolls in a plan with higher premiums, they will be responsible for payment to the City via payroll deduction for the premium amount in excess of the City's contribution. The City's contribution for medical insurance for the Chief of Police shall be the same as the Downey Police Management Association. The City's contribution for medical insurance for the Fire Chief shall be the same as the Downey Fire Management Association. 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 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 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 • • • LOM744 1t;1-71;j&j1N I Melzal I 111IC-19 DON4117-21 U III I Rawl lawg—fel 11191*1 0 a - a - 4 a 2. The City's maximum contribution shall be the sum of the monthly premiums as designated for each of the following categories: Employee • Employee +1 Dependent ("EE +1") FP _04- t. 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 •: • premiums paid by the City • his •' 1.In the event that CalPERS medical insurance • increase above -:• percent (8%) • average • any calendar year, the City may impose an employee contribution towards medical insurance premiums. 5. The City • to provide •, benefits coverage • 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 •l.• must present written proof to the Human Resources Office that he •.. his qualified dependent(s) are covered • another non -City -sponsored • plan for the current • 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); an1 RESOLUTION NO. 23-8155 PAGE 13 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 as taxable income. A medical opt out election may only be made during an announced open enrollment period for medical insurance changes effective January 1st. 1. HMO Dental Coverage. The City shall contribute thirty-one dollars and ninety-five cents ($31.95) per month towards an 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 1st. 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 $100,000.00. 2. Middle Management - A basic life insurance policy in an amount equal to $100,000.00. 3. Confidential/Exempt - A basic life insurance policy in the amount of $50,000.00. 4. Under the terms of each policy, benefit provisions are payable and determined by the insurance carrier. PAGE 14 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. �j 0 :391:441JA:301 Employees covered by this Resolution 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. 4. 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. 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. Efiective the pay period that includes July 1, 2015, employees shall begin to have deducted, on a pre-tax basis, 4 percent (4%) of CalPERS reportable compensation, pursuant to California Government Code Section 20516(f). c. Effective the pay period that includes April 1, 2023, employees in the first tier shall have deducted five percent (5%) of CalPERS reportable compensation, on a pre-tax basis, pursuant to Government Code Section 20516(f). d. Effective the pay period that includes April 1, 2024, employees in the first ti shall have deducted six percent (6%) of CalPERS reportable compensatio on a pre-tax basis, pursuant to Government Code Section 20516(f). e. Effective the pay period that includes April 1, 2025, employees in the first ti shall have deducted seven percent (7%) of CalPERS reportab compensation, on a pre-tax basis, pursuant to Government Code Secti 20516(f). 1 f. First tier employees in the position of Police Chief and Fire Chief shall have deduction of CalPERS reportable compensation in an amount equal to t schedules as established by their subordinate employees in the Downi RESOLUTION NO. PAGE 15 Police Management and Downey F deduction shall be on a pre-tax basis, 20516(f). ire Management Associations. This pursuant to Government Code Section g. 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. h. 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). ., 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). 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 2022-23); c. There shall be no Employer Paid Member Contribution ("EPMC") by the City; #M �L PAGE 16 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. ,f 01—Avor/Death Benefits. EffiI ull, 11, 0000, the City i­II,nmenteel tke PCDC 16­11-161— July I� �WW� Lil �ILY lliltJIII�111 11L U L11 L-I %%j 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). 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: W6WITITI17 -VIVIT-1 I J. I ]III ell be"renty ultnais kozill.iFf) per r1luntri Rts Speuileu MOTU, ghall 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, 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 W "04 1 11, Mlxelffimo 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. 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 for a medical examination with a physician of choice. Refer to Administrative Regulation No. 405. SWAI%T(W PAGE 18 • With prior approval of the City Manager, employees may be reimbursed for tuition and required 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 or their designee. An employee must receive a passing grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of tuition charged at California State University, Long Beach for courses on the Semester QX1Qf=m Courses on the quarter system shall be reimbursed at the unit equivalent California State University, Long Beach tuition amounts. 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 Confide ntia I/Exem pt service of the City. B. The following compensation policies are also applicable to employees in the Confidential/Exempt service of the City. Salary Schedules. The following salary schedules are designated for classifications in the Confide nti a I/Exem pt service: Yf v3#211H= Public Information Coordinator 01 240 Deputy City Clerk 01 227 Human Resources Specialist 01 227 k. 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 P. 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. wa"Illue Mmm' 1111DOMUO: -, 0 A. An employee hired or promoted into Executive Management classifications will receive three hundred dollars ($300.00) per month as automobile allowance. • IW#IWI #WAIRAW PAGE 19 1. 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. 2. The Middle Management classification of Executive Director of the Columbia Memorial Space Center shall be eligible to receive automobile allowance 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. An employee may be assigned by the City Manager to serve class assignment. An out -of -class assignment is distinguished from the performance of limited duties and responsibilities that are out; employee's regular job duties. The selection of an employee fo assignment shall be at the discretion of the City Manager or designee. pay differential of up to five and one-half percent (5.5%) shall be approval by the City Manager when an employee is designated and out -of -class assignment. Paid holidays shall be considered as day forms of authorized leave such as sick leave, emergency leave, a considered as days actually worked. temporarily in an out -of - an acting designation by side of the scope of an an out -of -classification A temporary out -of -class authorized with advance scheduled to work in an actually worked. Other id vacation shall not be All previous Resolutions establishing benefits payable to employees covered by this Resolution are hereby repealed and replaced by this Resolution. SECTION 16. The City Clerk shall certify to the adoption of this Resolution and provide for the appropriate distribution thereof. APPROVED AND ADOPTED this 28th day of February, 20 3. C A M, FRO A, Mayor PAGE 20 I AEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 28th day of February, 2023 by the following • to wit: AYES: • Members- Horn, Sosa, Trujillo, Frometa • • Members: None. ABSENT: • Members: None. ABSTAIN, • Members: None. X Effective March 20, 2023 Assistant C"nNer 97.8118 103.1912 108.8667 114.8544 121.1012 Assistant Finance Director 66.3473 69.9961 73.8460 77.9071 80.9434 Assistant to the City Manager 50.1625 52.9214 55.8322 58.9029 61.1983 Buildin@ Official 61.0031 64.3583 67.8981 71.6324 74.3942 Chief of Police 104.0017 109.7218 115.7564 122.1229 126.8820 City Attorney 93.8705 99.0333 104.4801 110.2267 114.6357 City Clerk 55.4763 58.5282 61.7470 65.1443 68.7259 City Planner 61.0031 64.3583 67.8981 71.6324 74.3942 Deputy City Clerk 29.4858 31.1073 32.8181 34.6234 36.5276 Deputy City Manager/Communit Develo meet 90.8226 95.8180 101.0881 106.6478 110.8042 Deputy Director of Public Works Engineeding-Traffic 66.3473 69.9961 73.8460 77.9071 80.9434 . .. ... Deputy Director of Public Works - Utilities 66.3473 69.9961 73.8460 77.9071 80.9434 Director of Community Development 88.1773 93.0272 98.1438 103.5416 107.5769 Director of Human Resources 88.1773 93.0272 98.1438 103.5416 107.5769 Director of Parks and Recreation 70.1948 74.0557 78.1287 82.4258 85.6378 Director of Public Works 88.1773 93.0272 98.1438 103.5416 107.5769 Economic Development & Housing Manager 51.8761 54.7307 57.7398 1 60.9156 63.2890 Emergency Preparedness Program Manager 45.5371 48.0418 50.6842 1 53.4717 56.4128 Executive Director fo the Columbia Memorial Space Center 60.3967 63.7179 67.2231 70.9193 74.8201 Finance Director 91.4912 96.5231 101.8318 107.4327 111.6193 Fire Chief 2* 102.2715 107.8862 113.8198 120.0806 124.7714 GIS Program Manager 55.7848 58.8528 62.0902 65.5048 68.0581 Human Resources Analyst 36.9281 38.9593 41.1019 43.3625 45.7474 Human Resources Manager 48.9943 51.6890 54.5319 57.5312 60.6953 Human Resources Specialist 29.4858 31.1073 32.8181 34.6234 36.5276 Information Technology Systems Manager 61.0687 64.4265 67.9700 71.7083 74.5027 -Management Analyst 36.9281 38.9593 41.1019 43.3625 45.7474 Principal Accountant 41.3976 43.6745 46.0765 48.6106 51.2845 Principal Civil Engineer 61.0677 64.4264 67.9699 71.7084 74.5023 Recreation Manager 49.1109 51.8120 54.6617 57.6678 59.9152 Senior Accountant 34.4979 36.3952 38.3969 40.5089 42.7371 Senior Civil Engineer 55.7848 58.8528 62.0902 65.5048 68.0581 Senior Civil Engineer- Utilities 55.7848 58.8528 62.0902 65.5048 68.0581 Senior Management Analyst 41.3976 43.6745 46.0765 48.6106 51.2845 Superintendent of Facilities and Maintenance 55.3720 58.4169 61.6299 65.0202 67.5537 Superintendent of Utilities 55.3720 58.4169 61.6299 65.0202 67.5537 System/Network Engineer 51.8761 54.7307 57.7398 60.9156 63.2890 1* Effective the start of the pay period that includes July 1, 2023 2* Effective the stat of the pay period that includes January 1, 2023 '~Effecive the start ofthe pay period that includes July 1,3024 47.9T.-Tw-, Effective March 31, 2025 Assistant City Manger 105.7932 111.6117 117.7503 124.2265 130.9831 Assistant Finance Director 71.7613 75.7077 79.8718 84.2643 87.5483 Assistant to the City Manager 54.2558 57.2398 60.3881 63.7094 66.1921 Building Official 65.9809 69.6099 73.4386 77.4776 80.4648 Chief of Police 112.4883 118.6751 125.2022 132.0881 137.2356 City Attorney 101.5303 107.1144 113.0057 119.2212 123.9899 City Clerk 60.0032 63.3041 66.7856 70.4601 74.3339 City Planner 65.9809 69.6099 73.4386 77.4776 80.4648 Deputy City Clerk 31.8918 33.6457 35.4960 37.4486 39.5083 Deputy City Manager/Community Development 98.2337 103.6367 109.3369 115.3503 119.8459 Deputy Directorof Public Works Engineering -Traffic 71.7613 75.7077 79.8718 84.2643 87.5483 Deputy Directorof Public Works- Utilities 71.7613 75.7077 79.8718 84.2643 87.5483 Director of Community Development 95.3726 100.6182 106.1524 111.9906 116.3552 Director of Human Resources 95.3726 100.6182 106.1524 111.9906 116.3552 Director of Parks and Recreation 75.9227 80.0986 84.5041 89.1517 92.6258 Director of Public Works 95.3726 100.6182 106.1523 111.9906 116.3552 Economic Development & Housing Manager 56.1091 59.1967 62.4514 65.8863 68.4534 'Emergeng Preparedness Program ManMer 49.2529 51.9620 54.8201 57.8350 61.0161 Executive Directorfo the Columbia Memorial Space Center 65.3251 68.9173 72.7085 76.7063 80.9254 Finance Director 98.9569 104.3994 110.1413 116.1992 120.7275 Fire Chief 110.6169 116.6898 123.1075 129.8792 134.9528 ,GIS Program ManNer 60.3369 63.6552 67.1568 70.8500 73.6116 Human Resources Analyst 39.9414 42.1384 44.4559 46.9009 49.4804 Human Resources Manager 52.9923 55.9069 58.9817 62.2258 65.6480 Human Resources Specialist 31.8918 33.6457 35.4960 37.4486 39.5083 Information Technology Systems Manager 66.0520 69.6837 73.5164 77.5597 80.5821 Management Analyst 39.9414 42.1384 44.4559 46.9009 49.4804 Principal Accountant 44.7756 47.2394 49.8364 52.5772 55.4693 Principal Civil Eneineer 66.0508 69.6836 73.5163 77.5598 80.5817 Recreation Manager 53.1182 56.0399 59.1221 62.3735 64.8043 Senior Accountant 37.3129 39.3650 41.5301 43.8145 46.2245 Senior Civil Engineer 60.3369 63.6552 67.1568 70.8500 73.6116 Senior Civil Engineer - Utilities 61.3369 63.6552 68.1568 70.8500 74.6116 Senior ManagernentAnalyst 44.7756 47.2384 49.8364 52.5772 55.4693 Superintendent of Facilities and Maintenance 59.8903 63.1837 66.6589 70.3258 73.0661 Superintendent of Utilities 59.8903 63.1837 66.6589 70.3258 73.0661 System/Network Engineer 56.1091 59,1967 62.4514 65.886 1 '*** Effective the start of the pay period that includes July 1, 2025 2** * Effective the stat of the pay period that includes January 1, 2025