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RESOLUTION NO. 95- 5771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH REPEALING RESOLUTION NO. 94-5680 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; and,
WHEREAS, the City Manager, representing the City Council, and the members
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 attempt 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 expect superior
performance from its Management employees;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACI
RESOLVES AS FOLLOWS:
SECTION I.
That Resolution No. 94-5680 is hereby repealed in its entirety.
SECTION II.
The following compensation procedures for Management employees are hereby
approved in their entirety to read as follows:
MANAGEMENT EMPLOYEES COMPENSATION PROVISIONS FOR THE PERIOD
COMMENCING JULY 1, 1995 THROUGH JUNE 30, 1997
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 Management Employees who are represented by the Hermosa Beach
Management Employees' Association.
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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 P.E.R.S, vehicle, deferred compensation, cafeteria -style
options of compensation, merit and retirement.
b) Effective July 1, 1995 the base monthly salaries of the management positions
shall be as follows:
Personnel & Risk Management Dir.
Community Resources Director
Community Development Director
Finance Director
Public Works Director
Fire Chief
Police Chief
4768
5007
5257
5520
5231
5492
5767
6055
5567
5845
6137
6444
5567
5845
6137
6444
5859
6152
6460
6783
5859
6152
6460
6783
6433
6755
7092
7447
c) Effective July 1, 1996 base monthly salaries shall be increased three and one-
half percent (3.5%).
SECTION 2.2 Educational Allowance.
a) For employees hired prior to July 1, 1995:
1) An employee who has entered upon a program of education at an
accredited university or college, which program has been previously approved by the
City Manager prior to October 1, 1995 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) Effective October 1, 1995 an employee who enrolls in a program of
education at an accredited university or college, which program has previously been
approved by the City Manager, shall be entitled to reimbursement for course fees,
books, materials and tuition an amount equal to sixty-six percent (66%) of amount
incurred. Said reimbursement for tuition shall not exceed 66% of the tuition charged
for attendance at a college within the California State University (CSU) system.
b) There shall be no Educational Allowance for employees hired after July 1, 1995
SECTION 2.3 Incentive Bonus Program.
a) Employees covered by this Resolution shall be eligible to receive an Incentive
Bonus Program award annually. Said bonus award shall be in an amount determined
by the City Manager, not to exceed 10% of salary.
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b) The City Manager and Management Association members shall meet to
establish procedures and criteria for the Incentive Bonus Program. Program to be
established by November 15, 1995.
SECTION 2.4 Deferred Compensation.
a) Each employee, individually, may elect to participate in any deferred
compensation plan offered by the City
SECTION 2.5 Additional Compensation.
a) Should responsibilities of a position change significantly, the compensation for
the classification shall be established following completion of an appropriate salary
survey. Said salary shall be commensurate with the new responsibilities.
SECTION 2.6 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 assignments. 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.
ARTICLE 3 - SUPPLEMENTAL BENEFITS
SECTION 3.1 Vacation.
a) Upon employment, Management employees shall accrue vacation at the
following rates:
1) 96 hours per year through four (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 (80 hours) vacation at any time.
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
established as their maximum accrual until such time as their accrual is diminished to
a thirty (30) month accrual level.
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d) Employees shall be reimbursed for 100% unused vacation days accrued upon
resignation, retirement or imposed termination from their employment with the City.
SECTION 3.2 Management Leave
a) Employees shall be allowed eighty (80) -hours of additional leave each calendar
year in addition to flex time for extraordinary 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.
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 automatically cashed in at 100% rate. This to be paid with
the second paycheck of December each year.
b) Use of sick leave.
1) Sick leave shall be used only in case of sickness or disability of the
employee or for family sick leave. Misuse of sick leave shall be grounds for
disciplinary action.
c) Family Sick Leave.
1) In case of serious illness of a member of the immediate family, the
employee may utilize sick leave.
2) Immediate family for the purpose of this Section shall be defined as;
spouse, mother, mother-in-law, father, father-in-law, sister, brother, child, stepchild, GF
guardian, stepfather, stepmother, grandparents, or grandchildren.
d) 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 their current rate.
SECTION 3.5 Bereavement Leave.
a) Each employee covered by this agreement shall receive a maximum of three (3)
shifts per calendar year to be utilized for Bereavement Leave because of a death in
their immediate family (as defined in #2 above). Said time will not be cumulative from
one twelve month period to another nor will pay in lieu of unused leave be provided.
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SECTION 3.6 Retirement
Ja)
The City shall pay the employees full retirement share of P. E. R. S.
b) Effective November 1, 1995, the City shall commence reporting to P.E.R.S. the
value of the Employer Paid Member Contribution (EPMC) pursuant to the authority of
Government Code Section 20023(c)(4).
SECTION 3.7 Vehicle Allowance
a) Effective July 1, 1995 (effective October 1, 1995 for Police Chief) Management
employees shall receive a vehicle allowance in the amount of three hundred and fifty
dollars ($350.00) per month
SECTION 3.8 Uniform Allowance
a) The Police Chief and Fire Chief shall be compensated the same uniform
allowance as the next subordinate rank in their respective 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) For employees hired prior to July 1, 1995:
1) The City will pay for employees' Long Term Disability, Life Insurance,
and full family coverage of dental and vision care.
2) Each employee shall receive the amount of four hundred and fifty
($450.00) per month for the purchase of medical insurance.
3) Any portion of the City's premiums for the full coverage plan which
includes the employee and dependents, or a stated cash amount, plus family where
applicable, that is unused will be included as a cash payment for each of the twenty-
four pay periods during the year.
c) For employees hired after July 1, 1995:
1) The City will pay the premium amount for employee's Long Term
Disability (LTD) and life insurance and full family coverage for medical, dental, vision
and psych.
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.
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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 individual'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 minimum 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 minimum of twenty (20)
years continuous service an eighty dollar ($80.00) per month (or cost of policy,
whichever is less) insurance supplement.
3) Said supplement shall commence with the first month following the
employees 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 offered 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
payments 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
IRB
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groupings; EKG; lipid analysis CBC panel 17, thyroid function, pap smear, or prostrate
exam as appropriate, blood test and mammogram.
SECTION 5.2 Liability Insurance
a) Except as provided in Government Code Section 995.2, CITY shall provide a
defense including but not limited to legal counsel 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 section 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 actual 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.
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 purposes. A
committee comprised of the City Manager and two management 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 to resolve disputes arising from any
allegation by management employees that the City has violated the terms of this
resolution.
SECTION 7.2 Procedure
b) The complaint shall be presented in writing to the City Manager. The City
Manager shall have five (5) working days of receipt of the complaint to resolve the
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issue or respond to it in writing stating the reasons for the failure to resolve it. This
exhausts all administrative remedies.
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
encouragement, 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 it
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 AI this lothd of October 1995.
- - _ P SIDENT of the City Council and MAYOR of the City of
H rmosa Beach, California
F1T
I rab/disc95-2A/mgtres95.doc
City Clerk
City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
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. 95-5771 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 October 10, 1995.
,"No" The vote was as follows:
AYES:
Benz, Edgerton, Oakes, Reviczky, Mayor Bowler
NOES:
None
ABSTAIN:
None
ABSENT:
None
DATED: October 11, 1995
Deputy City Clerk