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HomeMy WebLinkAboutRES-94-5680 (MOU/SALARY, BENEFITS/MGMT 94)RESOLUTION NO. 94-5680 IWMP" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH REPEALING RESOLUTION NO. 93-5588 AND ESTABLISHING SALARY, BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT FOR MANAGEMENT EMPLOYEES WHEREAS, the City Council and the Management employees have agreed to establish the terms and conditions of employment for management employees through a less formal process than meet and confer negotiations; and, WHEREAS, the City Manager, representing the City Council, and the members of the Management Association have discussed and agreed upon certain terms and conditions of employment; and, WHEREAS, it is the philosophy of the City Council to at- tempt to pay more competitive salaries to the City's employees, and to recognize the significant role which Management plays in the organization achieving its goals and objectives and, WHEREAS, in return for that recognition the City does ex- pect superior performance from its Management employees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH RESOLVES AS FOLLOWS: SECTION I. That Resolution No. 93-5588 is hereby repealed in its entirety. SECTION II. The following compensation procedures for Management em- ployees is hereby approved in its entirety to read as follows: MANAGEMENT EMPLOYEES COMPENSATION PROVISIONS FOR THE PERIOD COMMENCING JULY 16, 1993 THROUGH JULY 15, 1995 ARTICLE 1 - PREAMBLE SECTION 1.1 Intent The provisions of this agreement have been developed in the interest of promoting and improving employee relations between the City of Hermosa Beach, California and the Management Em- ployees who have been represented by the Management Employees' Association. - 1 - `%wp► ARTICLE 2 - COMPENSATION SECTION 2.1 Base Monthly Salary a) The City agrees to hire and appropriately compensate capable management personnel. They will be professional, adequately trained, meet standards required for such positions, and the Council reaffirms that compensation will include such items as salary, contribution for PERS, vehicle, deferred compensation, cafeteria -style options of compensation, merit and retirement. It is the intent to pay the approximate average of selected sur- vey cities in recognition of the different role which management plays in an organization and to expect superior performance from the organization's managers. b) The base monthly salaries of the management positions shall be as follows: Personnel & Risk Management Dir. Community Resources Director Building Director Planning Director Finance Director Community Development Director Public Works Director Police Chief 4261 4474 4698 4933 4674 4908 5153 5411 4789 5029 5280 5544 4869 5112 5368 5636 4976 5224 5486 5760 4976 5244 5486 5760 5237 5498 5773 6062 5750 6038 6339 6656 c) Effective July 1, 1994 base monthly salaries shall be in- creased one -percent (1%). SECTION 2.2 SURVEY CITIES a) The following cities are established as the "survey cities" to be used for compensation comparison purposes: Bell, Clair- mont, Coronado, E1 Segundo, Glendora, LaVerne, Laguna Beach, Man- hattan Beach, Montclair, Placentia, San Gabriel, Seal Beach, and Tustin. b) It is the goal of the City to be at 98% of the mean of the survey city salaries at such time as it is fiscally prudent. For salary comparison purposes, base salary shall be increased 2.5% to adjust for merit pay until such time as merit pay is eliminated pursuant to section 2.4. SECTION 2.3 Educational Allowance. a) In the event that the employee enters upon a program of education at an accredited university or college, which program has been previously approved in writing by the City Manager, the employee shall be entitled to a vocational allowance in an amount equal to sixty-six percent (66%) of the tuition actually paid by such employee, which tuition was paid after written approval as aforesaid, and which sums shall be paid by the City within thirty days after submission of proof of payment of said tuition by the employee in accordance with the terms of this paragraph. - 2 - SECTION 2.4 Merit Pay. a) Merit pay shall be in an amount equal to -5% to +5% of month- ly salary, payable in three (3) month increments. b) The standard to be considered in the evaluation will be de- gree of response to those goals and objectives established between the Department Head and the City Manager at the commence- ment of the evaluation period, as well as fulfilling the needs of the respective departments and the City. c) Comments in awarding the merit pay by the City Manager will be considered from the respective department heads. Said evalua- tions to be conducted quarterly and in a timely manner. d) Effective January 1, 1994 Merit Pay shall be eliminated and base salary as reflected in section 2.1(b) shall be increased five -percent (5%). SECTION 2.5 Deferred Compensation. a) Each employee, individually, may elect to participate in any deferred compensation plan offered by the City SECTION 2.6 Additional Compensation. a) Should responsibilities of a position change significantly, the compensation for the classification shall be established fol - ,%No/ lowing completion of an appropriate salary survey. Said salary shall be commensurate with the new responsibilities. SECTION 2.7 Assistant City Manager Premium Pay a) Management employees may be designated by the City Manager as Assistant City Manager for the purpose of special or general as- signments. Such designation shall be mutually agreed to by the City Manager and the Department Director(s). Assignments may be daily, weekly or monthly and shall be paid as a per diem base premium of 5 to 20 percent, said amount to be mutually determined at time of designation. b) An individual so assigned shall report directly to the City Manager and shall operate within specified written goals and objectives. c) Said appointment shall terminate at the pleasure of either party with thirty days written notification. - 3 - ARTICLE 3 - WAGE SUPPLEMENTAL ,*up, SECTION 3.1 Vacation. a) Upon employment, Management employees shall accrue vacation at the following rates: 1) 96 hours per year through (4) years of service; 2) 120 hours per year, five (5) years through (9) years of service; 3) 160 hours per year, ten (10) years or more of service. b) Further, the employee may be paid cash in lieu of unused vacation in excess of two weeks vacation at any time after utilization of forty (40) hours paid vacation during each calen- dar year. c) Vacation may be accrued up to a thirty (30) month accrual level, with an automatic cash -out of hours in excess of that amount. Employees with a current, as of May 1, 1994, accrual balance in excess of that amount shall have that amount es- tablished as their maximum accrual until such time as their ac- crual is diminished to a thirty (30) month accrual level. d) Employees shall be reimbursed for 100% unused vacation days accrued upon resignation, retirement or imposed termination from their employment with the City. U SECTION 3.2 Management Leave a) Employees shall be allowed sixty (60) hours of additional leave each calendar year in addition to flex time for extraordi- nary assignments, fixed holidays, vacation, and bereavement leave. Management leave does not accumulate or carry over, it must be used each year. Said management leave shall have no monetary value and shall be prorated for partial year's service. 1. Effective January 1, 1994 said leave shall be increased to 80 hours. SECTION 3.3 Holidays a) Holidays shall be consistent with those provided to employees governed by the Administrative Employees Bargaining Unit. SECTION 3.4 Sick Leave a) Basis of sick leave. 1) Accrual shall be at six (6) hours per month. After 176 hours accrued, member may cash in the excess annually at 100% rate. Maximum accrual will be 500 hours. Any excess will be *ftpl/ automatically cashed in at 100% rate. This to be paid with the second paycheck of December each year. - 4 - b) Use of sick leave. 'WASP/ 2) Sick leave shall be used only in case of sickness or dis- ability of the employee or for family sick leave. Misuse of sick leave shall be grounds for disciplinary action. M c) Notification of sickness. 1) To receive compensation while absent on sick leave, the employee shall notify the City Manager. 2) When absence is for more than three (3) consecutive work- ing days, upon request, it must be verified by a written state- ment, stating the cause of absence, from an attending physician or a personal affidavit and the employee shall furnish any other proof of sickness reasonably required by the City Manager. d) Family Sick Leave. 1) In case of serious illness of a member of the immediate family, the employee may utilize sick leave. 2) Pregnancy is an allowable use. 3) Immediate family for the purpose of this Section shall be defined as; spouse, mother, mother-in-law, father, father-in- law, sister, brother, (step)child or guardian, stepfather, step- mother, grandparents, or grandchildren. 4) Such time shall be deducted from the existing sick leave of the employee. e) Return from Sick Leave. 1) Upon return from sick leave, an employee may be required to report for examination by the City medical examiner to deter- mine fitness for duty. f) Employees covered by this agreement shall, upon resignation, retirement, or imposed termination from their employment with the City be reimbursed for 50% of unused sick days accrued at current rate. SECTION 3.5 Bereavement Leave. a) Each employee covered by this agreement shall receive a maxi- mum of three (3) days per calendar year to be utilized for Bereavement Leave because of a death in their immediate family (as defined in #3 above). Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave be provided. SECTION 3.6 Retirement a) The City shall pay the employee's full retirement share of P.E.R.S. - 5 - SECTION 3.7 Vehicle Allowance 1.0d a) Management employees shall be reimbursed $.22 per mile for use of their private vehicles for city use. SECTION 3.8 Uniform Allowance a) The Police Chief shall be compensated the same uniform al- lowance as the next subordinate rank in the Police Department. ARTICLE 4 - INSURANCE SECTION 4.1 Intent a) The City will have full responsibility for all Health and Welfare programs enacted and/or in force as of July 1, 1989. Current Health, Dental, Long Term Disability, Life Insurance, Vision Program, Mental health, or their equivalent to remain in force. b) The City will pay for employees' Long Term Disability, Life Insurance, and full family coverage of dental and vision care. c) Each employee shall receive the amount of $400.00 per month for the purchase of medical insurance. 1. Effective April 1, 1994 the amount indicated above shall be increased to $450.00 per month. d) An employee utilizing the Long Term Disability Plan shall not accrue vacation, sick leave, holiday pay and allowances after the 90th day of disability. e) Any portion of the City's premiums for the full coverage plan which includes the employee and one dependent, or a stated cash amount, plus family where applicable, that is unused will be in- cluded as a cash payment for each of the twenty-four pay periods during the year. SECTION 4.2 Life Insurance. a) City shall provide term life insurance for all employees covered by this agreement in an amount equal to twice the indi- vidual's annual salary. SECTION 4.3 Continuation of Medical Premium upon Retirement a) Employees shall be eligible, upon service retirement from the City, for a medical premium supplement. Said supplement shall be in the following amount: 1) For service retirement at age fifty-five (55) with a mini- mum of ten (10) years continuous service with the City, a sixty dollar ($60.00) per month (or cost of policy, whichever is less) insurance supplement. �� 2) For service retirement at age fifty-five (55) with a mini- mum of twenty (20) years continuous service an eighty dollar ($80.00) per month (or cost of policy, whichever is less) in- surance supplement. 3) Said supplement shall commence with the first month follow- ing the employee's service retirement in which the employee is responsible for payment of the insurance premium. 4) In order to be eligible for medical supplemental payments, an employee must either remain on a medical insurance plan of- fered by the City or provide proof of coverage on a self procured medical insurance plan. 5) Any payments made by the City shall be made directly to a medical insurance provider. In no case will payments be made directly to an individual. 6) If an employee who has taken a service retirement, and is receiving a benefit under this section, later applies for and receives a disability retirement, all payments advanced under this section shall be reimbursed to the City and no further pay- ments shall be made. 7) Any employee receiving a benefit under this section agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. MediCare, Medicaid) for which they become eligible. ARTICLE 5 - MISCELLANEOUS PROVISIONS SECTION 5.1 Annual Physical Examination a) All employees covered by this agreement shall be provided with a complete physical medical examination at the doctor or Medical Facility of the City's choice, or have the option of utilizing Daniel Freeman Hospital, Center for Heart and Health at the City's expense. b) The annual examination is to include at least the following: review of medical history; urinalysis; VDRL; X -Rays, (chest PA, lumbar spine and cervical); blood groupings; EKG; lipid analysis - 7 - SECTION 5.2 Liability Insurance `..p� a) Except as provided in Government Code Section 995.2, CITY shall provide a defense including but not limited to legal coun- sel in: a) any civil action or proceeding described in Govt. Code Section 995; b) any administrative action or proceeding described in Section 995.6; or any criminal action or proceeding described in Govt. Code Section 995.8. "Proceeding" as used in this sec- tion is applicable to situations where a claim or action is threatened, but not filed, if a reasonable, prudent person would consult or retain counsel in response to the possibility of actu- al civil, administrative, or criminal action. If CITY pays for a defense, but a court or tribunal issues a final ruling that would, under Section 995.2 , preclude CITY payments for defense, employee shall immediately reimburse CITY, and if he/she fails to do so, CITY may offset any such amounts against compensation otherwise due employee under this agreement. 114,r SECTION 5.3 Jury Duty a) Employees covered by the Agreement shall not be eligible for base salary pay while serving on Jury Duty. SECTION 5.4 Military Leave a) All employees covered by this agreement shall be entitled to Military Leave as afforded by Federal and State law but shall not receive any base salary pay while on such Leave. ARTICLE 6 - OTHER PROVISIONS SECTION 6.1 Organizational Development and Management Training. a) $3,500.00 shall be budgeted each year for group training pur- poses. A committee comprised of the City Manager and two manage- ment employees shall select and schedule training programs for participation of employees covered by this agreement. ARTICLE 7 - GRIEVANCE PROCEDURE SECTION 7.1 Intent a) This grievance procedure shall be used arising from any allegation by management has violated the terms of this resolution. SECTION 7.2 Procedure to resolve disputes employees that the City b) The complaint shall be presented in writing to the City ager. The City Manager shall have five (5) working days of receipt of the complaint to resolve the issue or respond to writing stating the reasons for the failure to resolve it. exhausts all administrative remedies. - 8 - Man - it in This ARTICLE 8 - GENERAL PROVISIONS SECTION 8.1 Probationary Period A. There shall be a one (1) year probationary period for all appointments to the management classes as described in this Resolution. SECTION 8.2 Non-discrimination, Equal Opportunity, Affirmative Action. a) The City and its Management Employees agree that both parties have a crucial role in the development and implementation of equal employment opportunities. Both parties mutually accept responsibility for carrying out these provisions. b) The parties agree to cooperate actively and positively in supporting the concept for all employees and to seek and achieve the highest potential and productivity in employment situations. The City and its Management Employees agree to provide encourage- ment, assistance, and appropriate training opportunities so that all employees may utilize their abilities to the fullest extent. BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolution of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes at which time same is passed and adopted PASSED, APPROVED and ADOPTED this Oth day of PRESIDENT of/ the Cit MAYOR of thie City of ATTE T: ity Clerk APPROVED AS TO FORM: a�L� J City Attorney mgtres94/contract =MO_ n 1993. , California 1114mv STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH j I, Naoma Valdes, Deputy City Clerk of the City Council of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 94-5680 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on May 10, 1994. -AYES : \ NOES,. ABSTAIN: ABSENT: DATED: \"W,,/ The vote was as follows: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton None None None May 11, 1994 00