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HomeMy WebLinkAbout2018-015 MOU MidManagementMEMORANDUM OF UNDERSTANDING BETWEEN THE MID MANAGEMENT/PROFESSIONAL EMPLOYEES AND CITY OF ATASCADERO July 1, 2018 through June 30, 2020 Mid-Management/Professional Employees MOU 2018-2020 Page 1 ARTICLE I - GENERAL PROVISIONS SECTION 1.1 PREAMBLE This Memorandum of Understanding is made and entered into between the City of Atascadero, hereinafter referred to as the "City" and the Mid Management/Professional Employees, hereinafter referred to as the "Association" pursuant to California Government Code Section 3500, et seq. and the City's Employer - Employee Relations Policy. The purpose of this Memorandum of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of employment. The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender. SECTION 1.2 RECOGNITION a. The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following classifications: • Associate Civil Engineer/Storm Water Manager • Capital Projects Manager • Public Works Operations Manager • Recreation Supervisor b. This recognition is exclusive of management employees and temporary employees. c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the scope of representation under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and as provided under the City's Employer - Employee Relations Policy. SECTION 1.3 SEVERANCE a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement. b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful or unenforceable, the City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU. Mid-ManagemenUProfessional Employees MOU 2018-2020 Page 2 SECTION 1.4 SOLE AGREEMENT a. The City and the Association agree that to the extent that any provision addressing wages, hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof, this MOU shall prevail. b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter the provisions of this MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Association. Any such changes validly made shall become part of this MOU and subject to its terms. SECTION 1.5 FULL FORCE AND EFFECT a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain in full force and effect during the term of this MOU unless changed by mutual agreement. b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association. SECTION 1.6 GENERAL PROVISIONS The parties agree to meet and confer with respect to any subject or matter within the scope of representation upon request. Provided, however, that any changes which fall within the scope of representation shall be by mutual agreement. Except as set forth in this Memorandum of Understanding, and unless the Association agrees to reopen negotiations on a particular bargaining subject, the parties agree that there shall be no changes during the life of this MOU in the wage rates, benefits, or other terms and conditions of employment subject to the Meet -and -Confer process. In the event any new practice, subject or matter arises during the term of this agreement which is within the scope of representation and an action is proposed by the City, the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the case of an emergency and, in the absence of an agreement on such a proposed action, the City reserves its lawful management rights to take any action(s) deemed necessary and the Association reserves its rights to take any lawful action deemed necessary. Mid-Management/Professional Employees MOU 2018-2020 Page 3 ARTICLE II - PAY PROVISIONS SECTION 2.1 SALARY This two (2) year agreement shall provide salary increases according to the following formula and schedule: Year 1- Effective July 1, 2018, all employees covered under this MOU shall receive a 3.5% (three point five percent) salary increase. The following monthly salaries are effective July 1, 2018: MONTHLY SALARY Effective July 1, 2018 I CLASSIFICATION I STEP A I STEP B I STEP C I STEP D I STEP E I Associate Civil Engineer/Storm Water Manager $6,239.94 $6,551.94 $6,879.54 $7,223.52 $7,584.70 Capital Projects Manager $5,390.30 $5,659.82 $5,942.81 $6,239.95 $6,551.95 Public Works Operations Manager $5,801.32 $6,091.39 $6,395.96 $6,715.76 $7,051.55 Recreation Supervisor $4,772.76 $5,011.40 $5,261.97 $5,525.07 $5,801.32 Year 2- Effective July 1, 2019, all positions covered under this MOU shall receive a 2.5% (two point five percent) salary increase. The following monthly salaries are effective July 1, 2019: MONTHLY SALARY Effective July 1, 2019 CLASSIFICATION STEP A I STEP B I STEP C I STEP D I STEP E Associate Civil Engineer/Storm Water Manager $6,395.94 $6,715.74 $7,051.53 $7,404.11 $7,774.32 Capital Projects Manager $5,525.06 $5,801.31 $6,091.38 $6,395.95 $6,715.75 Public Works Operations Manager $5,946.35 $6,243.67 $6,555.85 $6,883.64 $7,227.82 Recreation Supervisor $4,892.08 $5,136.68 $5,393.51 $5,663.19 $5,946.35 SECTION 2.2 EDUCATION INCENTIVE PAY Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. Associate Civil Engineers who are licensed as a Registered Engineer will receive ten percent (10%) in additional pay to their base salary. Mid-Management/Professional Employees MOU 2018-2020 Page 4 SECTION 2.3 RETIREMENT a. Employees are provided retirement benefits through the California Public Employees Retirement System (Ca1PERS). TIER 1 Miscellaneous Member employees covered under this MOU who were hired on or before July 14, 2012 are provided benefits pursuant to the 2.5% @ 55 Benefit Formula (Government Code Section 21354.4), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 3.3% (three point three percent) of the Miscellaneous Member employee contribution of 8% (eight percent). Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 2 Miscellaneous Member employees covered under this MOU who were hired between July 14, 2012 and December 31, 2012, and Miscellaneous Member employees hired on or after January 1, 2013 who meet the definition of a Classic Member under CalPERS, are provided benefits pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 2.3% (two point three percent) of the Miscellaneous Member employee contribution of 7% (seven percent). Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 3 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), Miscellaneous Member employees covered under this MOU who were hired on or after January 1, 2013 who meet the definition of a CalPERS new member under PEPRA are provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20) with Final Compensation 3 Year (G.C. Section 20037). The Miscellaneous Member employee will pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate. b. Employee contributions shall be contributed to CalPERS on a pre-tax basis. c. The City pays and reports the value of Employer Paid Member Contributions (EPMC) for Tier 1 employees and for Tier 2 employees as described in Resolution No. 2003-073. SECTION 2.4 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight (8) hours (one day) per month. There is no limit to the accumulation. b. Employees with forty-eight (48) or more days of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows: Mid-Management/Professional Employees MOU 2018-2020 Page 5 1. The sick leave pay-off will occur during the twelve- (12) month period beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has accumulated and maintained 48 days sick leave. 2. Once the eligibility requirements have been met, an employee may opt to receive a pay- off equal to one-third (1/3) of the unused annual allotment of sick leave. The annual allotment is 95.94 hours. 3. Checks will be prepared by December 15 of each year. c. In any calendar year, up to two days (16 hours) of sick leave may be used for personal reasons without explanation. These days are not intended as vacation days and may not be used to extend vacations. d. An employee may use in any calendar year accrued sick leave, up to the amount earned during twelve (12) months employment, to attend to the illness of the following family members: The employee's child (including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis). 2. The employee's parent (including biological, foster, or adoptive parent, a stepparent, or a legal guardian). 3. The employee's spouse or domestic partner. If the employee is performing satisfactorily and the employee's workload would not be negatively impacted, the Department Head may approve additional time off, up to the amount earned during three (3) months of employment, for Family Care. Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any Family Care leave granted under this section shall run concurrently with FMLA and/or CFRA leave. FMLA/CFRA leave is addressed in a separate City policy. SECTION 2.5 SICK LEAVE PAYBACK When an employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. SECTION 2.6 ADMINISTRATIVE LEAVE a. Each employee will receive forty-eight (48) hours of Administrative Leave, which will vest as of July 1 annually. Except as provided below, Administrative Leave will not be carried over or accrue from one fiscal year to the next. b. If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond his/her control (as verified by the Department Head), Mid-Management/Professional Employees MOU 2018-2020 Page 6 said leave will be carried over into the next fiscal year for a period not to exceed three (3) months. Said time will be available to the employee for use during that period, but will not be accrued for the purpose of payoff in the event of termination. c. In the event an employee covered by this Agreement is employed after January 1 of the fiscal year, the employee shall be eligible for twenty-four (24) hours of Administrative Leave. ;3X@71Y1CIWIi#I 8DIRANN0lu151-M111W. �I The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement purposes. Bereavement purposes include (1) the death of a member of the employee's immediate family, and (2) the critical illness of a member of the employee's immediate family where death appears to be imminent. The amount of bereavement leave provided under this section is twenty four (24) hours per family member. The employee may be required to submit proof of a relative's death or critical illness before final approval of leave is granted. For purposes of this section, "immediate family" means: spouse or domestic partner, parent (including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or significant other. Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any remaining time shall be from other paid time off available to the employee. When an employee has exhausted the bereavement leave provided in this section, the employee may submit a request to his/her Department Head and request additional time off work. If approved, the employee must use their other accrued paid leave. The employee may elect which accrued paid leave he/she shall use during the additional leave. However, the employee may not use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional leave approved by the Department Head is longer than forty (40) hours, the employee is required to use accrued paid leave other than sick leave. Mid-Management/Professional Employees MOO 2018-2020 Page 7 SECTION 2.8 — HOLIDAYS The City shall recognize the following days as official City holidays. Holiday New Year's Day Martin Luther King Jr. Birthday Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Day Christmas Day "Floating" Holiday Day Observed January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 24 December 25 Off As Scheduled; Accrues January 1 Each classification covered under this agreement and employed by the City as of January 1 st of each year shall be eligible for one floating holiday (8 hours). Floating holidays must have prior department approval and shall be consistent with the efficient operation of the department. The floating holiday may be used between January 1 and December 31 of each year. SECTION 2.9 VACATION LEAVE a. Employees shall be entitled to vacation leave consistent with the City of Atascadero Personnel System Rules. b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of Atascadero Personnel System Rules, employees shall receive: • An additional two days of vacation annually upon completing 15 years of service for a total accrual of 22 days per year or 6.77 hours per pay period; and • Two more days of vacation annually upon completing 20 years of service for a total accrual of 24 days per year or 7.385 hours per pay period. SECTION 2.10 DEFERRED COMPENSATION MATCH The City will match an eligible employee's contribution to a deferred compensation program. The match will be up to a maximum of $250 annually for classifications covered under this agreement. All deferred compensation contributions are fully vested in the employee and shall not be available to the City. Mid-Managemem/Professional Employees MOU 2018-2020 Page 8 SECTION 2.11 WORK SHOES The City shall contribute Two Hundred ($200.00) Dollars per fiscal year for the purchase of appropriate footwear, as determined by the Department Head, to employees in the following positions: • Associate Civil Engineer/Storm Water Manager • Capital Projects Manager • Public Works Operations Manager • Recreation Supervisor Appropriate work shoes shall be worn by employees covered under this MOU who are exposed to potential foot injuries from hot, corrosive, poisonous substances, falling objects, crushing or penetration actions. Work shoes not appropriate and/or not approved shall be tennis shoes, sandals, deck shoes, canvas shoes, athletic shoes, open toe shoes, dress shoes and any other shoe easily penetrated. Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. ARTICLE III - HEALTH AND WELFARE 6 ILCIJ�[�1f 1:14" NM; I IZ&111;7\►Cy 301111WIXT" y 1. For unit members who elect to have "Family" coverage, the City shall pay an amount not to exceed $1,764.21 per month for employees electing Family coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependents. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. 2. For unit members who elect to have `Employee +1" coverage, the City shall pay an amount not to exceed $1,303.32 per month for employees electing Employee +1 coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependent. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for the dependent based upon HMO plan costs. 3. For unit members who elect to have "Employee Only" coverage, the City shall pay an amount not to exceed $940.91 per month for employees electing Employee Only coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee. City shall pay for Mid-Management/Professional Employees MOU 2018-2020 Page 9 increased costs to medical, dental, vision and life insurance premiums for the employee based upon the HMO plan costs. For unit members who elect to have remaining from the City's contribution employee hired on or before September shall not exceed $246.76 per month. SECTION 3.2 LIFE INSURANCE "Employee Only" coverage, available funds toward insurance coverage shall be paid to an 1, 2000 as additional compensation. This amount The City shall provide a term life insurance policy on each employee in the amount of Fifty - Thousand Dollars ($50,000). The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in the amount of One Thousand Dollars ($1,000) per dependent. SECTION 3.3 — LONG TERM DISABILITY INSURANCE The City shall provide a City -paid program to provide Long -Term Disability Insurance for all classifications covered under this agreement. ARTICLE IV - CLOSING PROVISIONS SECTION 4.1 TERM The term of this MOU shall commence on July 1, 2018, and expire on June 30, 2020. SECTION 4.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO THE CALPERS SYSTEM The interests of the City and the Association are generally aligned: both seek fair and reasonable changes to the CalPERS system to ensure long-term sustainability of the system. Needed State - level changes acceptable to both executive management and City labor groups are most likely to be initiated by Ca1PERS member agencies and labor, working collaboratively. The City and the Association hereby jointly commit to: • Request state -level membership organizations (e.g., the League of California Cities, state- wide labor affiliates) to alert and engage members, to make this issue a priority, and encourage committing to a set of collaborative solutions; Mid-ManagemendProfessional Employees MOU 2018-2020 Page 10 • Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this issue a priority and to lend their voice to our jointly agreed upon request to state -level membership organizations; • Jointly analyze options with an open mind as to potential solutions; and • Other potential collaborative efforts as they arise. SECTION 4.3 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives: Mid ^f. gmt./Pro£ CIY OF ATASCADERO W,6 I'6 Date c� s ayor Date Mid Mgmt/Prof. Date ltd a� CityMan ger Date Mid-Management/Professional Employees MOU 2018-2020 Page 11 MMO RESOLUTION NO. 2018-063 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE COMPENSATION AND BENEFIT PLAN FOR NON -REPRESENTED PROFESSIONAL AND MANAGEMENT WORKERS AND CONFIDENTIAL EMPLOYEES, EFFECTIVE JULY 1, 2018 — JUNE 309 2020 WHEREAS, the Government Code of the State of California prescribes a procedure for discussing and resolving matters regarding wages, hours and other terms and conditions of employment; and WHEREAS, the City Personnel System Rules provided for a Compensation Plan; and WHEREAS, the City desires to set forth salaries and benefits for Non -Represented Professional and Management workers and Confidential employees; WHEREAS, the City Council adopted Resolution 2017-051 on August 8, 2017 establishing the compensation and benefit plan for Non -Represented Professional and Management workers and Confidential employees; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero that all prior Resolutions for Non -Represented employees are repealed; and the Professional and Management workers and Confidential employees Compensation and Benefit Plan is hereby established as follows: Positions The following positions are included in this Resolution. The City Manager and Department Heads have individual employment agreements defining other terms and conditions of employment not described herein. Executive Management Positions Administrative Services Director Deputy City Manager City Manager Community Development Director Fire Chief Police Chief Public Works Director Management Positions Deputy Administrative Services Director Deputy Community Development Director Deputy Community Development Director/Building Official/Economic Development Director Deputy Public Works Director Information Technology Manager Police Lieutenant Zoo Director City of Atascadero Resolution No. 2018-063 Page 2 of 11 Confidential (Includes only designated positions within the classifications) Accounting Specialist Administrative Assistant Finance Technician Personnel Specialist Salaries This two (2) year agreement shall provide salary increases according to the following formula and schedule: Year I- Effective July 1, 2018, all employees covered under this MOU shall receive a 3.5% (three point five percent) salary increase. The following monthly salaries are effective July 1, 2018: MONTHLY SALARY Effective July 1, 2018 CLASSIFICATION STEP A I STEP B STEP C STEP D STEP E Accounting Specialist -Confidential $ 4,656.35 $ 4,889.17 $ 5,133.63 $ 5,390.31 $ 5,659.83 Administrative Assistant -Confidential $ 4,223.45 $ 4,434.62 $ 4,656.35 $ 4,889.17 $ 5,133.63 Administrative Services Director $ 9,574.73 $10,053.47 $ 10,556.14 $11,083.95 $ 11,638.15 City Manager $12,446.27 $ 13,068.58 $ 13,722.01 $14,408.11 $ 15,128.52 Com munity Developmant Director $ 9,574.73 $10,053.47 $10,556.14 $11,083.95 $11,638.15 Deputy Administrative Services Director $ 7,502.05 $ 7,877.15 $ 8,271.01 $ 8,684.56 $ 9,118.79 Deputy City Manager $ 7,502.05 $ 7,877.15 $ 8,271.01 $ 8,684.56 $ 9,118.79 Deputy Comm unity Development Director $ 7,877.15 $ 8,271.01 $ 8,684.56 $ 9,118.79 $ 9,574.73 Deputy Community Development Director / Building Official / Economic Development Director $ 8,901.70 $ 9,346.79 $ 9,814.13 $10,304.84 $ 10,820.08 Deputy Public Works Director $ 7,502.05 $ 7,877.15 $ 8,271.01 $ 8,684.56 $ 9,118.79 Finance Technician- Confidential $ 4,223.45 $ 4,434.62 $ 4,656.35 $ 4,889.17 $ 5,133.63 Fire Chief $10,809.07 $11,349.52 $ 11,917.00 $12,512.85 $ 13,138.49 Information Technology Director $ 6,715.75 $ 7,051.54 $ 7,404.12 $ 7,774.33 $ 8,163.05 Personnel Specialist -Confidential $ 4,656.35 $ 4,889.17 $ 5,133.63 $ 5,390.31 $ 5,659.83 Police Chief $10,809.07 $11,349.52 $11,917.00 $12,512.85 $13,138.49 Police Lieutenant $ 7,877.15 $ 8,271.01 $ 8,684.56 $ 9,118.79 $ 9,574.73 Public Works Director $ 9,574.73 $10,053.47 $10,556.14 $11,083.95 $11,638.15 Zoo Director $ 6,642.58 $ 6,974.71 $ 7,323.45 $ 7,689.62 $ 8,074.10 001 11 n City of Atascadero Resolution No. 2018-063 Page 3 of 11 Year 2- Effective July 1, 2019, all employees covered under this MOU shall receive a 2.5% (two point five percent) salary increase. The following monthly salaries are effective July 1, 2019: MONTHLY SALARY Effective July 1, 2019 CLASSIFICATION STEP A I STEP B STEP C STEP D STEP E Accounting Specialist -Confidential $ 4,772.76 $ 5,011.40 $ 5,261.97 $ 5,525.07 $ 5,801.32 Administrative Assistant -Confidential $ 4,329.04 $ 4,545.49 $ 4,772.76 $ 5,011.40 $ 5,261.97 Administrative Services Director $ 9,814.08 $ 10,304.78 $10,820.02 $11,361.02 $11,929.07 City Manager $12,757.43 $13,395.30 $ 14,065.07 $14,768.32 $15,506.74 Community Development Director $ 9,814.08 $10,304.78 $10,820.02 $11,361.02 $11,929.07 Deputy Administrative Services Director $ 7,689.59 $ 8,074.07 $ 8,477.77 $ 8,901.66 $ 9,346.74 Deputy City Manager $ 7,689.59 $ 8,074.07 $ 8,477.77 $ 8,901.66 $ 9,346.74 Deputy Community Development Director $ 8,074.07 $ 8,477.77 $ 8,901.66 $ 9,346.74 $ 9,814.08 Deputy Comm unity Development Director / Building Official / Economic Development Director $ 9,124.23 $ 9,580.44 $ 10,059.46 $10,562.43 $11,090.55 Deputy Public Works Director $ 7,689.59 $ 8,074.07 $ 8,477.77 $ 8,901.66 $ 9,346.74 Finance Technician- Confidential $ 4,329.04 $ 4,545.49 $ 4,772.76 $ 5,011.40 $ 5,261.97 Fire Chief $ 11,079.30 $11,633.27 $ 12,214.93 $12,825.68 $13,466.96 Information Technology Director $ 6,883.64 $ 7,227.82 $ 7,589.21 $ 7,968.67 $ 8,367.10 Personnel Specialist- Confidential $ 4,772.76 $ 5,011.40 $ 5,261.97 $ 5,525.07 $ 5,801.32 Police Chief $ 11,079.30 $11,633.27 $ 12,214.93 $12,825.68 $13,466.96 Police Lieutenant $ 8,074.07 $ 8,477.77 $ 8,901.66 $ 9,346.74 $ 9,814.08 Public Works Director $ 9,814.08 $10,304.78 $ 10,820.02 $11,361.02 $11,929.07 Zoo Director $ 6,808.64 $ 7,149.07 $ 7,506.52 $ 7,881.85 $ 8,275.94 Work Period The normal work period for non-exempt employees shall be seven (7) days with a maximum non - overtime of forty (40) hours. Overtime Rate Overtime for non-exempt employees; shall be compensated at the rate of time and one-half the regular rate of pay. All overtime shall be recorded and paid in the following manner: 1 to 15 minutes, overtime compensation —'/4 hour 16 to 30 minutes, overtime compensation —'/2 hour 31 to 45 minutes, overtime compensation —'/4 hour 46 to 60 minutes, overtime compensation —1 hour Overtime Hours Paid I^ Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work period. Paid time off shall be considered time worked for overtime purposes. City of Atascadero Resolution No. 2018-063 Page 4 of 11 Schools/Training/Conferences Hours traveling, studying, or evening classes, etc., when a non-exempt employee is attending an out-of-town school shall be paid in accordance with all FLSA provisions. Compensatory Time (CT) Notwithstanding the provisions of this section, non-exempt employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the City and the employee. Non-exempt employees may accumulate a maximum of one hundred and twenty (120) hours in their CT account. Scheduling�,ompensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. Deferred Compensation The City will match an eligible employee's contribution to a deferred compensation program. The match will be up to a maximum of $1,000 annually for executive management employees and $500 annually for management employees. All deferred compensation contributions are fully vested in the employee and shall not be available to the City. Health Benefits Effective January 1, 2018, for unit members who elect to have "Family" coverage, the City shall pay an amount not to exceed $1,764.21 per month for employees electing Family coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependents. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. 2. Effective January 1, 2018, for unit members who elect to have `Employee +1" coverage, the City shall pay an amount not to exceed $1,303.32 per month for employees electing Employee +1 coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependent. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for the dependent based upon HMO plan costs. City of Atascadero Resolution No. 2018-063 Page 5 of 11 3. Effective January 1, 2018, for unit members who elect to have "Employee Only" coverage, the City shall pay amount not to exceed $940.91 per month for employees electing Employee Only coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee based upon the HMO plan costs. For unit members who elect to have "Employee Only" coverage, available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee hired on or before September 1, 2000 as additional compensation. This amount shall not exceed $246.76 per month. 4. The City of Atascadero has established a Post Retirement Health Benefit for Executive Management and Council The City agrees to reimburse the retiree for retiree and/or retiree's dependent health (medical/dentaUvision) insurance premiums, disability insurance, long-term health care or life insurance premiums in a method determined by the Administrative Services Director following retirement. The program parameters are: ❑ The benefit is available upon retirement from PERS or other similar retirement program after age 50; and ❑ The employee must have served for 8 years with the City of Atascadero; and ❑ For employees hired after July 1, 2016 the employee must begin drawing retirement within 6 months of separating from the City of Atascadero; and ❑ The benefit extends between the date of retirement and age 65; and ❑ The current benefit is $200.00 monthly. Life Insurance The City shall provide a term life insurance policy on each employee (Executive Management, Management, Confidential and Council) in the amount of Fifty -Thousand Dollars ($50,000). The City shall provide a term life insurance policy for each eligible dependent of Executive Management, Management and Confidential employees enrolled in health coverage in the amount of One Thousand Dollars ($1,000) per dependent. Long -Term Disability Insurance The City shall provide a City -paid program to provide Long -Term Disability Insurance for Executive Management and Management employees. a+ State Disability Insurance The City provides State Disability Insurance as a payroll deduction for each employee in the Confidental classification only. State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. City of Atascadero Resolution No. 2018-063 Page 6 of 11 Leave Administrative Leave. Executive Management Employees, and Management Employees will receive Administrative Leave, which will vest as of July 1 annually. Except as provided below, Administrative Leave will not be carried over or accrue from one fiscal year to the next. If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond his/her control, said leave will be carried over into the next fiscal year for a period not to exceed three (3) months. Said time will be available to the employee for use during that period, but will not be accrued for the purpose of payoff in the event of termination. In the event an employee covered by this Agreement is employed after January 1 of the fiscal year, the employee shall be eligible for one half of their annual allotment of Administrative Leave. Employees shall receive Administrative Leave at the following annual rates: • Executive Management shall receive 80 hours. • Management Employees shall receive 48 hours. Vacation Leave. a. Employees shall receive vacation leave consistent with the Personnel System Rules. b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of Atascadero Personnel System Rules, employees shall receive: n • An additional two days of vacation annually upon completing 15 yrs of service for I a total accrual of 22 days per year or 6.77 hours per pay period; and • Two more days of vacation annually upon completing 20 years of service for a total accrual of 24 days per year or 7.385 per pay period. Holidays The City shall recognize the following days as official City holidays: Holiday New Year's Day Martin Luther King, Jr. Birthday Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Day Christmas Day "Floating" Holiday Day Observed January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 24 December 25 Off As Scheduled; Accrues January I Each unit member employed by the City as of January I st of each year shall be eligible for one floating holiday (8 hours). Floating holidays must have prior department approval and shall be consistent with the efficient operation of the department. The floating holiday may be used between January 1 and December 31 of each year. n City of Atascadero Resolution No. 2018-063 Page 7 of 11 Sick Leave. 1. Sick leave accumulates at a rate of 3.69 hours per pay period. There is no limit to the accumulation. 2. Stay Well Bonus. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows: a. The sick leave pay-off will occur during the twelve- (12) month period beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has accumulated and maintained 384 hours of sick leave. b. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is 95.94 hours). c. Checks will be prepared by December 15 of each year. 3. Sick Leave Payback. When an executive management employee, a management employee or confidential employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. 4. In any calendar year, up to two days (16 hours) of sick leave maybe used for personal reasons without explanation. These days are not intended as vacation days and may not be used to extend vacations or holidays. Bereavement Leave Employees shall be granted bereavement leave pursuant to the City of Atascadero Personnel System Rules. The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement purposes. Bereavement purposes include (1) the death of a member of the employee's immediate family, and (2) the critical illness of a member of the employee's immediate family where death appears to be imminent. The amount of bereavement leave provided under this section is twenty four (24) hours per family member. The employee may be required to submit proof of a relative's death or critical illness before final approval of leave is granted. For purposes of this section, "immediate family" means: spouse or domestic partner, parent (including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child .� (including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or significant other. Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any remaining time shall be from other paid time off available to the employee. City of Atascadero Resolution No. 2018-063 Page 8 of 11 When an employee has exhausted the bereavement leave provided in this section, the employee !�I may submit a request to his/her Department Head and request additional time off work. If p ! approved, the employee must use their other accrued paid leave. The employee may elect which accrued paid leave he/she shall use during the additional leave. However, the employee may not use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional leave approved by the Department Head is longer than forty (40) hours, the employee is required to use accrued paid leave other than sick leave. Retirement CalPERS Non -Sworn Miscellaneous Members (as defined by CalPERS) a. Non -Sworn Miscellaneous Member employees (as defined by CalPERS) are provided retirement benefits through the California Public Employees Retirement System (CalPERS). TIER 1 Non -sworn Miscellaneous Member employees hired on or before July 14, 2012 are provided benefits pursuant to the 2.5% @ 55 Benefit Formula (Government Code Section 21354.4), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 3.3% (three point three percent) of the Non -sworn Miscellaneous Member employee contribution of 8% (eight percent). Non -sworn Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 2 Non -sworn Miscellaneous Member employees hired between July 14, 2012 and December 31, 2012, and Non -sworn Miscellaneous Member employees hired on or after January 1, 2013 who meet the definition of a Classic Member under CalPERS, are provided benefits pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 2.3% (two point three percent) of the Non -sworn Miscellaneous Member employee contribution of 7% (seven percent). Non -sworn Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 3 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), Non - sworn Miscellaneous Member employees hired on or after January 1, 2013 who meet the definition of a CalPERS new member under PEPRA are provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20) with Final Compensation 3 Year (G.C. Section 20037). The Non-swom Miscellaneous Member employee will pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate. b. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous Members. City of Atascadero Resolution No. 2018-063 Page 9 of 11 c. Employee contributions shall be contributed to CalPERS on a pre-tax basis. CalPERS Sworn Safety Members (as defined by CalPERS) a. Sworn Safety Member employees (as defined by CalPERS) are provided retirement benefits through the California Public Employees Retirement System (CalPERS). TIER 1 Sworn Safety Member employees hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50 Benefit Formula (Government Code Section 21362.2), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution of 9% (nine percent). Sworn Safety Member employees will pay the employee contribution of 9% (nine percent). TIER 2 Sworn. Safety Member employees hired between July 14, 2012 and December 31, 2012, and Sworn Safety Member employees hired on or after January 1, 2013 who meet the definition of a Classic Member under CalPERS, are provided benefits pursuant to the 3% @ 55 Benefit Formula (G.C. Section 21363. 1), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero percent) of the Swom Safety Member employee contribution of 9% (nine percent). Sworn 0" Safety Member employees will pay the employee contribution of 9% (nine percent). TIER 3 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), Sworn Safety Member employees including hired on or after January 1, 2013 who meet the definition of a CalPERS new member under PEPRA are provided benefits pursuant to the 2.7% @ 57 Benefit Formula (G.C. Section 7522.25(d)) with Final Compensation 3 Year (G.C. Section 20037). The Sworn Safety Member employee will pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate. b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes Level Four (4) of the 1959 Survivor's Benefit. The employees shall pay the monthly cost of the benefit. c. Employee contributions shall be contributed to CalPERS on a pre-tax basis. Education Incentive Pay Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. City of Atascadero Resolution No. 2018-063 Page 10 of 11 Uniform/Safety Equipment Allowance a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for Police Chief and Commanders, and eight hundred fifty dollars ($850) for the Fire Chief. Upon initial hire the employee will receive $800/$850. In the second year the amount will be prorated based upon the actual number of months employed in the prior year. When an employee separates from the City the Uniform Allowance will be prorated based upon the number of months worked in the then current fiscal year. b. The City will make a lump sum payment of the uniform allowance no later than the second payday in July. c. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are required to seek reimbursement through the courts with all practical diligence. d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. e. Rain boots - The City shall comply with the requirements of CAL/OSHA as it relates to providing rain gear including rain boots. Commitment to Fair and Reasonable Changes to the Ca1PERS System The interests of the City and the employees whose positions are covered under this resolution are generally aligned: both seek fair and reasonable changes to the CalPERS system to ensure long- term sustainability of the system. Needed State -level changes acceptable to both executive management and City labor groups are most likely to be initiated by CaIPERS member agencies and labor, working collaboratively. City and the employees covered under this resolution hereby jointly commit to: • Request state -level membership organizations (e.g., the League of California Cities, state- wide labor affiliates) to alert and engage members, to make this issue a priority, and encourage committing to a set of collaborative solutions; • Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this issue a priority and to lend their voice to our request to state -level membership organizations; Jointly analyze options with an open mind as to potential solutions; and Other potential collaborative efforts as they arise. W .N" City of Atascadero Resolution No. 2018-063 Page 11 of 11 PASSED AND ADOPTED at a regular meeting of the City Council held on the 23rd day of October, 2018. On motion by Mayor Pro Tem Fonzi and seconded by Council Member Sturtevant, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi and Mayor O'Malley NOES: None ABSENT: None ABSTAIN: None Tom O'Mall , Mayor ATTEST; ACvrl l?<f A fa—nda Muther. Duty City Clerk APPROVEAAS-O FORM: 6 3e4 Brian A. Pienk, City Attorney