Loading...
HomeMy WebLinkAboutResolution No. 05-6826 - Establish Benefits Exec./Middle Mgmt, Conf/Exempt - repealed by # 06-6899RESOLUTION NO. 05-6826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT; 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 delineate the benefits payable to employees in the Executive Management, Middle Management and Confidential/Exempt service of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. EXECUTIVE MANAGEMENT A. The following classifications shall be designated as part of the management service and shall be considered as Executive Management: Asst. City Manager, Economic Development Asst. City Manager, General Services Chief of Police City Clerk Director of Community Development(unused) Director of Community Services Director of Development Services Director of Public Works Fire Chief Finance Director B. Exclusions. Executive Management employees are specifically excluded from overtime compensation of any type and Education Incentive Pay. Individuals appointed or promoted into Executive Management classifications after January 24, 1984, are automatically excluded from eligibility for Merit Longevity Pay. (Executive Management employees who, prior to January 24, 1984, retained eligibility for Merit Longevity Pay shall receive such RESOLUTION NO. 05-6826 PAGE TWO compensation according to the terms specified under Section 10(B) of this Resolution, which shall be applicable for this purpose only.) Executive Management employees have been designated as part of the unclassified service and are exempt from the provisions of Chapter 7 of the Downey Municipal Code and that certain document entitled Personnel Management Rules and Regulations with the exception of Article IX entitled Attendance and Leaves. As part of the Unclassified service, it is emphasized that Executive Management personnel are specifically excluded from access to the Grievance Procedures as established in the respective Memoranda of Understanding; specifically excluded from probationary periods and the ability to attain permanent status; and specifically excluded from the right of access to the Personnel Advisory Board based on Section 2704 of the Downey Municipal Code. SECTION 2. MDDLE 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: Asst. Community Development Director (City Planner) Assistant Finance Director (currently unused) Assistant to the City Manager Building Official Business Development Manager City Engineer (currently unused) City Librarian Computer System Manager Data Processing Manager (currently unused) Deputy Building Official Deputy Director of Public Works Dispatch Systems Manager (currently unused) Executive Director Space Science Learning Center Finance Manager Housing Manager Library System Manager Personnel Director Principal Civil Engineer Purchasing Manager Recreation Manager (currently unused) Recreation & Social Services Manager RESOLUTION NO. 05-6826 PAGE THREE Senior Civil Engineer Social Services Manager (currently unused) Superintendent of Physical Services Superintendent of Water and Sanitation System/Network Engineer Theater Manager B. Exclusions. Middle Management employees are specifically excluded from overtime compensation of any type with the exception of Dispatch Systems Manager who is eligible to receive overtime compensation at the discretion of the Fire Chief the positions of Computer System Manager and System/Network Engineer who are entitled to earn straight comp time for hours worked on special projects as approved by a supervisor. Individuals appointed or promoted into Middle Management classifications after January 24, 1984, are automatically excluded from eligibility for Merit Longevity Pay. (Middle Management employees who, prior to January 24, 1984, retained eligibility for Merit Longevity Pay shall receive such compensation according to the terms specified under Section (10(B) of this Resolution, which shall be applicable for this purpose only.) SECTION 3. CONFDENTLAL/EXEMPT A. The following classifications shall be designated as part of the confidential service and shall be considered as Confidential/Exempt: Public Information Coordinator (currently unused) Chief Deputy City Clerk Secretary to the Chief of Police Secretary to the City Council Secretary to the City Manager B. Exclusions. Confidential/Exempt employees are specifically excluded from overtime compensation of any type unless approval for such compensation is granted by the City Manager on a case-by-case basis Confidential/Exempt employees have been designated as part of the Unclassified service and are exempt from provisions of Chapter 7 of the Downey Municipal Code and that certain document entitled Personnel Management Rules and Regulations with the exception of Article IX entitled Attendance and Leaves. As part of the Unclassified service, it is emphasized that Confidential/Exempt employees are specifically excluded aom access to Grievance Procedures RESOLUTION NO. 05-6826 PAGE FOUR 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. ATTENDANCE AND LEAVES Pursuant to Section 14, Article IX, of the Personnel Management Rules and Regulations, employees in the Unclassified service of the City are subject to the provisions of Article IX of the Personnel Management Rules and Regulations. In addition, Executive Management, Middle Management and Confidential/Exempt employees are subject to the following: A. Annual Vacation Leave 1. Vacation Accrual a. Executive Management employees shall accrue one hundred sixty (160) hours per year. b. Middle Management employees shall accrue annual vacation leave as follows: Years of Service Hours Per Year 0-5 6- 10 11+ 120 136 160 c. Confidential/Exempt employees shall accrue annual vacation leave as follows: Years of Service Hours Per Year 0-3 4-5 6 - 10 11 - 15 16+ 80 96 120 136 160 RESOLUTION NO. 05-6826 PAGE FIVE 2. Vacation Policy. a. Vacation shall be taken at the convenience of the City with the approval of the department head or City Manager. Where possible, such vacation should be taken annually and not accumulated from year to year. Employees should be allowed to accumulate two (2) years allowance of vacation. If an employee is prohibited by the supervisor from taking his/her vacation because of manpower shortages or operational needs, the employee shall be paid all vacation in excess of two (2) years at the rate earned at the time the employee would have taken his or her vacation. All accumulated vacation in excess of two (2) years shall be taken within ninety (90) days, at a time mutually agreeable to both the supervisor and the employee. If at all possible, the supervisor shall accommodate the employees’ desire as to taking vacations. If the employee does not take the excess vacation time off within the ninety (90) days, the employee will forfeit this excess time. b. When an employee who has become entitled to receive vacation, either by retirement, permanent layoff, or termination, the employee shall be entitled to be paid for unused earned vacation at the rate of pay in effect at the time of separation. c. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the number of eligible vacation hours, as set forth in Section 4(A) above, to which the employee is eligible to receive based upon the employees’ years of service with the City. B. Sick Leave 1. Sick leave shall be defined as absence from duty because of illness or off the job injury, or exposure to contagious disease as evidenced by certification from an accepted medical authority. 2. Sick leave shall be paid to covered employees at the rate of eight (8) hours per month of service. Sick leave shall not be considered a privilege that an employee may use at his discretion but shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall accrue without limit on accumulation. 3. In order to receive compensation while absent on sick leave, the employee shall notify a designated supervisor within two (2) hours of the time set for beginning duty, unless notification is physically impractical. For any such absence, the employee shall file a written statement with the City Manager stating the cause of the absence. When the absence is for more than one (1) work day, and there is reasonable cause to indicate abuse of sick leave, the RESOLUTION NO. 05-6826 PAGE SIX department head concerned or City Manager may require a physicians’ certificate stating the cause of absence before said leave shall be approved by the City Manager. 4. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the service of the City, or any right of claim to sickness disability benefits after separation from the services of the City. 5. Notwithstanding anything contained in this Section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reasons 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 reasons of engaging in business or activity for monetary gain or other compensation other than business or activity connected with City employment. 6. At the written request of the appointing authority, the City Manager may require an employee to submit to an examination by the City’s physician; and if the results of the examination indicate the employee is unable to perform his/her duties, or in the performance of his/her duties, exposes others to infection, the employee shall be placed on sick leave without privilege of reinstatement until adequate medical evidence is submitted that the employee is competent to perform his/her duties or will not subject others to infection. Any employee so examined shall have the right to submit the reports of a competent medical authority of his/her own selection, and at his/her own expense, in addition to the report submitted by the City’s physician. In the event of a conflict of opinion and/or recommendation of the two physicians, a third physician shall be selected by the first two physicians and the final decision shall be made by the City Manager, who may seek the advice of the Personnel Advisory Board of the City. 7. Sick Leave Payoff Conversion Upon Retirement or Death. Covered employees shall be paid fifty percent (50%) of any sick leave at his/her death or retirement, up to a maximum of seven-hundred twenty (720) hours pay for one thousand four-hundred forty (1440) hours accumulation. Effective November 1, 2000, the amount paid shall be sixty-five per cent (65%) up to a maximum nine hundred thirty-six hours (936) for one thousand, four hundred and forty (1440) accumulation. Unless otherwise specified by the employee, such benefits shall be paid to the beneficiary of the employees’ City life insurance policy in the event of the death of the employee, OR, Upon retirement of an eligible employee, the employee may request that unused accumulated sick leave be applied to pay full premiums for his City health insurance coverage on the following basis: RESOLUTION NO. 05-6826 PAGE SEVEN a. Forty percent (40%) of the days accumulated, starting with the oldest days first, shall be deducted. Effective November 1, 2000, ten per cent (10%) of the oldest hours shall be deducted b. The remaining sixty percent (60%) shall be applied to the cost of health insurance premiums. Effective November 1, 2000, the remaining ninety per cent (90%) of the employee’s unused accumulated sick leave shall be applied to pay fUll premiums for employee and dependent City health insurance coverage. The maximum number of hours that will be converted is 1,296 (90% of 1.440) shall be applied to the cost of health insurance premiums. 8. Sick Leave Payoff Upon Layof£ in the event of a permanent or indefinite layoff, an employee with ten (10) years of continuous service with the City shall be entitled to the above benefit. If such employee resigns after receiving official notification of his/her impending layoff, he/she shall be eligible for the above benefit. 9. Conversion of Sick Leave to Vacation. Employees who become entitled to accrue sick leave allowance which has not been used, may convert each two (2) hours of accumulated sick leave to one (1) additional hour of vacation, after having accumulated six-hundred forty (640) hours of sick leave, and providing that not more than forty (40) hours of additional vacation days may be so converted in any one (1) fiscal year. C. Emergency Leave. 1. Any employee who is absent from work by reason of attendance upon members of the immediate family, whose incapacitation requires the care of such employee, or death in the immediate family of the employee, may be allowed emergency leave with pay not to exceed six (6) work days per incident on the basis of one-half (1/2) work day for each month of regular employment, that is deducted from accumulated sick leave, not to exceed twelve (12) work days per year. Immediate family shall include, and be limited to, mother, father, brother, sister, spouse, child or grandparents of any eligible employee or of the spouse of the employee of the City 2. For absences under this Section exceeding a total of three (3) working days in any six (6) month period, a physicians’ certificate verifying the families’ incapacitation leave basis may be required by the City Manager or department head. 3. All such claims for emergency leave are subject to verification by the City Manager. RESOLUTION NO. 05-6826 PAGE EIGHT D. Personal Leave. With approval of the department head or City Manager, twenty-four (24) hours per year of an employees’ sick leave may be used on personal matters which are of an unseen combination of circumstances which call for immediate action or to add one additional hour per holiday as covered in Section 4(L). Such matters shall be considered as those events or occurrences which a reasonable prudent person would not or could not postpone to a subsequent time. The nature of the matter shall be explained to the immediate supervisor and shall be granted with his approval. Such personal leave shall not be cumulative from year to year. E. WorkersCompensatioII Injury On Duty Leave. 1. If an employee is absent from work by reason of an injury or illness covered by Workers Compensation, the City shall pay the employee the difference between the amount granted pursuant to such Workers Compensation and the employees’ regular rate of pay during such portion of time as the Council may determine. 2. An employee who is absent from work by reason of an injury or illness covered by Workers Compensation shall be allowed up to one (1) year leave of absence, as required by his/her condition, with the City paying the difference between the amount granted pursuant to such Workers Compensation and employee’s regular rate of pay. F. Employee Disability Leave. 1. This section establishes a disability leave plan at seventy-five percent (75%) of the base salary for employees having more than one (1) year continuous service with the City and who have exhausted all accumulated sick leave, vacation and compensatory time due to non- industrial illness or injury under the following eligibility schedule: Maximum Time Allowance (Hours) Additional After Reimbursement Before ReimbursementYears of Service Total 1 through 5 6 through 10 Over 10 240 360 480 120 184 240 360 544 720 2. Application for disability leave shall be made by the employee through the department head, to the City Manager, accompanied by full medical justification from a physician chosen by the City at the discretion of the City. Failure to submit to such an RESOLUTION NO. 05-6826 PAGE NINE examination shall be basis for terminating disability eave. If the City Manager approves the application, he shall notify the employee, in writing, of such approval. 3. After the employee returns to work, the employee shall reimburse the City one-half (1/2) of the time used for such employee disability leave at a minimum rate of four (4) hours of sick leave per month or may contribute vacation to accelerate employees’ reimbursement to the City for providing the benefits under this Section. 4. When the maximum time allowance has been reimbursed as set forth above, the employee shall be eligible to apply for additional disability leave on the basis of eight (8) hours leave for each four (4) hours reimbursed to the City; provided that no employee shall receive more than the total set forth above for his/her length of service, during his entire employment with the City. 5. Disability leave shall not deprive an employee of his rights to vacation and sick leave accumulation during such leave. 6. Grounds for termination of disability leave by the City Manager shall include, but not be limited to, the following reasons: a. The employee has recovered from his illness. b. The disability leave was procured by aaud, misrepresentation or mistake. c. The employee has not cooperated fUlly in supplying all information and submitting to any examination requested by the City to determine the existence or continuing nature of the employees’ disability. G. Military Leave. Military leave shall be granted in accordance with the provisions of State and/or Federal law. All employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken. H. Jury Duty. Effective November 1, 1991, the City will no longer provide paid release time for jury duty to employees covered by this resolution. If the State and/or Federal Court Jury Commissioners rescind their present policy of granting exemptions from jury service to persons who do not receive paid release time for jury duty from their employers, so as to require jury duty service despite the absence of such pay from their employer, then the City’s practice of providing paid leave time to employees for jury duty shall be reinstated immediately upon the effective date of such change for the applicable State and/or Federal Court. RESOLUTION NO. 05-6826 PAGE TEN In the event that an employee is called for jury duty and wishes to service, accrued vacation leave, compensatory time or a leave of absence without pay shall be granted subject to the scheduling requirements of the City. In the event that the court fully reimburses the City for the full salary of an employee on jury duty, the City will immediately reinstate the practice of providing paid release time to employees for jury duty. In the event that an employee is called for jury duty and the court does not excuse jury service based on non-payment of salary by the employer, the City shall grant said employee paid release time for the required jury duty. I. Executive Leave. Executive Management and Middle Management employees are eligible for Executive Leave as outlined below. The use of such Executive Leave time shall be governed by regulations distributed by the City Manager. 1. Executive Management - Eight (8) hours per quarter (not cumulative and discretionary with City Manager approval.) 2. Middle Management - Eight (8) hours for each four (4) months (not cumulative and discretionary with City Manager approval.) J. Educational and Professional Leave. Executive Management and Middle Management employees are eligible for Educational and Professional Leave as outlined below. The use of such Educational and Professional shall be governed by regulations distributed by the City Manager. 1. Executive Management - Twelve (12) days per year maximum, subject to budgetary appropriations and City Manager approval. 2. Middle Management - Six (6) days per year maximum, subject to budgetary appropriations and City Manager approval. K. Maternity Leave. All employees shall have the right to at least six weeks of disability leave. Employees with at least one year of service, who are no longer disabled, may request additional unpaid leave up to a maximum of four (4) months. RESOLUTION NO. 05-6826 PAGE ELEVEN L. Holidays. Covered employees shall receive eight (8) hours of pay for each of the following holidays. 1. New Year’s Day 2. Martin Luther King’s Birthday 3 . Washington Birthday (President’s Day) 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran’s Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Day before Christmas 11. Christmas Day When a holiday falls on a weekday that is an employees’ regular day off, the employee shall receive eight (8) hours of compensatory time at straight time. When a holiday falls on a day an employee is scheduled to work nine hours, and the employee takes the day off, the employee shall be able to add one hour by choosing vacation, compensatory time, personal leave, or time without pay. Sick leave, other than personal leave, may not be used to supplement the holiday hours SECTION 5. RqSURANCE BENEFITS A. Medical Insurance 1. The City shall contribute 100% of the medical insurance contribution for the employee and his/her dependents. Effective November 1, 2000, the City agrees to add to the Kaiser Plan the benefit ofeyeglass lenses every twenty four months with a $70 frame allowance. 2. Employee withdrawal from City Health Plans - The City agrees to permit an employee to withdraw from the City health plans as follows: a. The employee is either enrolled in the Kaiser Plan, or b. The employee had claims paid for the year prior to the open enrollment in an amount equal to or greater than the employee premium rate, and RESOLUTION NO. 05-6826 PAGE TWELVE c. The employee presents written proof that the employee is covered by another health plan, and d. The employee notifies the City during the annual open enrollment period. The City agrees that the employee who is qualified to withdraw shall receive $81.00 monthly for single coverage, $162 per month for employee plus one coverage and $229.00 per month for family coverage to be added to the employees’ paycheck or to be placed in a deferred compensation plan. B. Dental Insurance. The City shall contribute towards employee and dependent dental insurance coverage $3 1.95 per month. C. Life Insurance. The City shall provide group term life insurance coverage as follows: 1. Executive Management - A life insurance policy in an amount equal to the nearest $ 1,000 figure below full annual salary, not to exceed $100,000. 2. Middle Management - A life insurance policy in an amount equal to the nearest $ 1,000 figure below full annual salary, not to exceed $100,000. 3 . Confidential/Exempt - A $10,000 1ife insurance policy. D. Long Term Disability Insurance. For Employees in the Executive and Middle Management and Confidential/Exempt service, the City shall provide group long-term disability lnsurance coverage. SECTION 6. RETEREMENT. A. Effective August 19, 2002, the City will provide the benefit known as 2.7% at age 55 for non-sworn management employees and will pick-up the additional one percent employee contribution required under PERS law. If the employer rate for the this additional benefit increases above 2.28%, then effective the date of the rate adjustment, the deduction for the employee contribution to PERS will increase by a corresponding amount. If a PERS actuary determines that the “change to normal cost” is less than 2.28%, then the City will increase the employee’s salary by an equal amount. RESOLUTION NO.05-6826 PAGE THIRTEEN B. Safety Employees - Nine percent (9%) of the employees’ base salary shall be applied to the employees’ contribution to the Public Employees’ Retirement System. Effective July 24, 2000 the City will provide the benefit known as 3% at age 50 for the Police Chief and 1 IIb/ \zlll Vle If, during the term of this agreement, the City’s “employer contribution” rate increases beyond the estimate set forth in the CaIPERS benefit cost analysis dated November 30, 1999 because the cost of implementing the 3% at 50 formula was greater than anticipated, the parties shall meet and confer concerning the manner in which the Association will pay for the increase in cost. In the event that the parties are unable to reach a mutually agreeable method for the Association to pay for that increase in cost, the City may increase the retirement deduction from employees’ paychecks by a corresponding amount. Conversely, if the City’s “employer contribution” rate decreases below that set forth in said memo, because the cost of the 3% at 50 benefit was less than anticipated, the City shall provide an across-the-board base salary increase that corresponds to the decrease in cost. C. Retiree Medical Annuity. An employee who retires from the City of Downey after July 1, 1987, shall be entitled to participate in the City-sponsored medical plan and the City shall contribute up to a maximum of $98.00 per month ($270.00 per month for the Police Chief and Fire Chief) toward the premium for employee only coverage under the City-sponsored medical plans, provided: 1. At the time of retirement the employee has a minimum of ten (10) years of service, or is granted a service-connected disability retirement; and 2. At the time of retirement the employee is employed by the City; and 3 . Effective the day after official separation from the City the employee has been granted a retirement allowance by the California Public Employees Retirement System. The City’s obligation to pay up to a maximum of $98.00 per month toward the premium in the City plan shall be modified downward or cease during the lifetime of the retiree upon the happening of any one of the following: a. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer the payment will be suspended. Another employer as used herein means private employer or public employer or self-employed or the employer of a spouse. As a condition of being eligible to receive the premium contribution set forth above, the City shall have the right to require any retiree to annually certify that the retiree RESOLUTION NO. 05-6826 PAGE FOURTEEN 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 of those amounts inappropriately expended and the retirees’ eligibility to receive benefits will cease b. If the retired employee becomes eligible to enroll, automatically or voluntarily, in Medical or Medicare, the City’s plan shall provide secondary coverage only and the City’s contribution rate set forth above shall be adjusted downward accordingly. c. In the event the Federal government or State government mandates an employer- funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public plan) for retirees, the City’s contribution rate set forth above shall be first applied to that plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance owing for such coverage if any. d. Upon the death of the retired employee, this benefit shall cease. SECTION 7. MEDICAL EXAMINATION. Executive and Middle Management employees may participate in the City sponsored management physical through Downey Community Hospital bi-annually at City cost or be reimbursed up to $125.00 annually for a medical examination with a physician of choice. (Refer to Administrative Regulation No. 405) SECTION 8. TUITION REIMBURSEMENT. With prior approval of the City Manager, employees may be reimbursed for tuition and books for courses taken to improve their value to the City. Tuition shall be reimbursed for courses as recommended by the department heads with job related justification and approved by the City Manager. Employees must receive a passing grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of tuition equivalent to the rate charged at California State University at Los Angeles for courses on the quarter system, and California State University at Long Beach for courses on the semester system. The employee will be reimbursed for required books only. (Refer to Administrative Regulation No. 403.) SECTION 9. UNIFORM ALLOWANCE A. Fire Chief, upon appointment, the City will provide a full dress uniform. Required uniforms that become worn may be surveyed and replaced as necessary. The Fire Chief shall RESOLUTION NO. 05-6826 PAGE FIFTEEN receive $220 per year for supplemental uniforms and physical fitness clothing. The Fire Chief shall receive $12.00 monthly as uniform maintenance allowance. B. Secretary to the Chief of Police. The Secretary to the Chief of Police will be reimbursed up to a maximum of $225.00 per year for the purchase of approved uniforms. SECTION 10. CONFDENTLAL/EXEMPT COMPENSATION PROGRAM A. The provisions of that certain document entitled Compensation Program (Part IX of the Personnel Manual) is by this reference made applicable to employees in the Confidential/Exempt service of the City. B. The following compensation policies are also applicable to employees in the Confidential/Exempt service of the City. 1. Salary Schedules. The following salary schedules are designated for classifications in the Confidential/Exempt service: Class Title Pay Table Schedule Public Information Coordinator Chief Deputy City Clerk Secretary to the Chief of Police Secretary to the City Council Secretary to the City Manager 01 01 01 01 01 240 227 193 203 203 2. Eligibility for Merit Longevity Pay. Upon approval of the appointing power, employees who have completed ten (10) continuous years of service may receive Merit Longevity Pay provided that the employee has been evaluated in the tenth year and meets standards as defined by a comprehensive performance rating. Eligible employees shall be paid, in addition to their respective regular prescribed salary, a monthly amount equal to the next salary step above their base rate (5.5%); and after twenty (20) years, one and one-half (1-1/2) steps (8.25%) above their monthly base rate. i RESOLUTION NO. 05-6826 PAGE SIXTEEN 3. Qualification for Merit Longevity Pay. Merit Longevity Pay is to be provided as continuing incentive to career employees. Such payments shall continue with approval of the City Manager only during such period as an eligible employee continues to meet standards as defined above. If an employee no longer meets standards as defined above, the employee will no longer be eligible for merit longevity pay. SECTION 11. AUTOMOBILE ALLOWANCE. Individuals appointed or promoted into Executive Management classifications after December 1,1989, will no longer be eligible to drive a City vehicle. Instead, they will receive a $300.00 per month automobile allowance. The automobile allowance will not be provided to the Chief of Police and Fire Chief. These employees will continue to receive a City vehicle. SECTION 12. BILINGUAL PAY. Employees required to speak or translate Spanish as part of their regular duties will be compensated $46.15 per biweekly 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 court certified interpreter, or an employee who has been appointed by the Personnel Director to administer such examination. The employee must recertify at least every eighteen (18) months to maintain the eligibility. SECTION 13. PREVIOUS RESOLUTIONS. All previous Resolutions establishing benefits payable to employees covered by this Resolution are hereby repealed and replaced by this Resolution. SECTION 14. The City Clerk shall certify to the adoption of this Resolution and provide for the appropriate distribution thereof. APPROVED AND ADOPTED this 25th day of January, 2005 . ( ) \A )(\ ANNE M. BAYER, Mayo# IATTEST: KATHLEEN L. MLDSTO Iq<E, City Clerk RESOLUTION NO. 05-6826 PAGE SEVENTEEN I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 25th day of January, 2005, by the following vote, to WIt: AYES : NOES : ABSENT: ABSTAIN: 4 Council Members: Cartozian, Gafin, Trejo, Mayor Bayer 1 Council Member: Perkins 0 Council Member: None 0 Council Member: None '@@7t#,%&Ma KATHLEEN L. MIDSTOKKF. City Clerk