HomeMy WebLinkAbout20943EXHIBIT A
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RESOLUTION NO. 2017-139
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REGARDING THE ESTABLISHMENT OF
MANAGEMENT/CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS
PLAN BETWEEN THE CITY AND MANAGEMENT/CONFIDENTIAL
EMPLOYEES; REPEALING RESOLUTION NO. 2007-345; RESOLUTION NO. 2008-
169; RESOLUTION NO. 2008-306; RESOLUTION NO. 2009-35; RESOLUTION NO.
2009-71; RESOLUTION NO. 2010-217; RESOLUTION NO. 2010-276; RESOLUTION
NO. 2012-188; RESOLUTION NO. 2013-22; AND RESOLUTION NO. 2014-249; AND
AMENDING RESOLUTION NO. 2015-242
WHEREAS, the designated representatives of the Mayor and City Council ("City")
met and conferred in good faith with the employees in the San Bernardino Confidential and
Management Association (SBCMA);
WHEREAS, after four (4) meetings commencing on June 8, 2017 the City and the
SBCMA agreed to the terms and conditions of the compensation and benefits plan as provided
in this Resolution;
WHEREAS, on July 6, 2017, SBCMA approved the terms and conditions of the
compensation and benefits plans as provided in this Resolution; and
WHEREAS, it is necessary to codify the changes to compensation and benefits granted
to the SBCMA employees of the City of San Bernardino.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Council of the City of San Bernardino (City) hereby adopts a
compensation and benefits plan for the San Bernardino Confidential and Management
Association (SBCMA) as follows:
1. The term of this Resolution begins on July 1, 2017, and extends through June 30,
2020. If negotiations regarding a new Resolution establishing a compensation and
benefits plan for the Management/Confidential Employees have not concluded by
the time this Resolution expires, the terms of this Resolution shall remain in effect
until a new Resolution is adopted by the Mayor and City Council.
2. Comp ensation/Salaries. Effective July 1, 2017, or the date that both the SBCMA
and the Council have ratified and approved the terms and conditions set forth in a
Compensation and Benefits Resolution, but not before July 1, 2017, the salary
ranges for all SBCMA members shall be increased by two percent (2%) to reflect a
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cost of living adjustment (COLA). Effective July 1, 2018, the salary ranges for all
SBCMA members shall be increased by two percent (2%) as a COLA. Effective
July 1, 2019, the salary ranges for all SBCMA members shall be increased by two
percent (2%) as a COLA. All salary ranges for SBCMA members shall be amended
by the Mayor and City Council in accordance with these provisions.
3. Classification and Sala ry Studv . The City and the SBCMA agree to complete a
classification and salary study ("Study") during fiscal year 2019-2020 or the third
year that this Resolution is in effect. The purpose of the Study will be to review
current SBCMA employee classifications and propose revisions that provide fair
and rational internal and external relationships. A joint job
evaluation/compensation committee will be established to review the Study
recommendations and develop a plan for implementing the study. The City and the
SBCMA agree to address any salary adjustments to individual classifications during
fiscal year 2020-2021 and any adjustments may be implemented in a subsequent
Compensation and Benefits Resolution. Any salary equity adjustments to
individual classifications will be considered with any across-the-board salary
adjustments as to the total cost of SBCMA salaries. Annual salary adjustments,
which may include equity adjustments resulting from the Study, will be based upon
availability of funds and will be evaluated in the context of the City's long term
financial plan that has been confirmed by the Bankruptcy Court.
4. Insurance (M edical, Dental & Vision). Effective January 1, 2018, the City will
contribute: a) $1,025.00 per month towards the purchase ofhealth care benefits for
Employee Only; and, b) $1,150.00 per month towards the purchase of health care
benefits for Employee Plus One or More Dependents.
Effective January 1, 2019, the City will contribute: a) $1,070.00 per month
toward the purchase of health care benefits for Employee Only; and, b) $1,195.00
per month towards the purchase of health care benefits for Employee Plus One or
More Dependents.
Effective January 1, 2020, the City will contribute: a) $1,125.00 per month
toward the purchase of health care benefits for Employee Only; and b) $1,250.00
per month toward Employee Plus One or More Dependents.
The City's contributions for health care benefits are available to SBCMA
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5.
members for the purchase of medical, dental, vision, life and accidental death and
dismemberments through City selected plans. The amount of the City's
contributions is based upon the "medical" enrollment category, i.e, Employee Only
or Employee Plus One or More Dependents. For example, if an employee elects
"employee only" medical coverage, then the "employee only" allowance will be
contributed. Any City contributions not used by a SBCMA member for health
benefits will revert to the City; however, if a SBCMA member selects a medical
plan (Employee Only or Employee Plus One or More Dependents), any additional
contributions beyond the amounts identified above, may be contributed toward
additional life insurance or a City-provided deferred compensation plan.
Health Insurance Waiver Stipend: Any employee who chooses not to enroll in
any health care plan offered by the City, must provide evidence of group health care
insurance coverage and execute a Waiver of Benefits and Release Agreement,
releasing the City from any responsibility or liability to provide health care
insurance coverage on an annual basis. Employees who do not enroll in a City
health care plan during open enrollment and execute the forms above, shall receive
a stipend of $3,000.00 on December 15th of each year covered by this Resolution.
Employees participating in this option are required to waive all medical, dental and
vision coverage provided by the City.
SBCMA agrees to participate in the City's Joint Labor-Management Health
Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan
designs for health care. All plan designs and City contributions shall be effective
on January 1st annually. During the term of this Resolution, the City intends to
review health care provider options, especially in light of potential changes to the
current Affordable Care Act ("ACA"). During the term of this Resolution, the City
reserves the rights, and the SBCMA agrees, to reopen negotiations on providers,
health care plans, and/or any provision under this Section ofthe Resolution.
Life and Accidental Death & Dismemberment (AD&D) Insurance. The City
shall provide Term Life and Accidental Death & Dismemberment Insurance of one
times the employee's annual salary for Executive Management, Seventy-five
thousand dollars ($75,000) for all other Management employees, and fifty thousand
dollars ($50,000) for Confidential employees.
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6. Holidays. All full-time employees within the Management/Confidential group
shall be entitled to twelve (12) City-designated holidays, the equivalent of one
hundred eight (1 08) holiday hours each year for those employees working a 5/8 or
9/80 work schedule and one hundred twenty (120) holiday hours each year for those
employees working on a 4/10 work schedule. On January 1st of each year that this
Resolution is in effect, all SBCMA members will receive an additional eighteen
(18) hours of holiday leave ("Floating Holidays"). SBCMA members working a
5/8 or 9/80 work schedule may only carry over 1 08 hours per fiscal year; SBCMA
members working a 4/10 work schedule may only carry over 120 hours per fiscal
year. On June 30th any holiday bank hours exceeding 1 08 or 120 hours will be
forfeited. On or about November 30th of each calendar year, the City Manager shall
determine, and the Human Resources Director will distribute, the schedule of
specific days that the twelve designated holidays will be observed for the next
calendar year. At the time of separation from employment, SBCMA members will
receive a payout of 100% for all accrued but unused post-petition holiday pay.
7. Jury Duty. The City will pay for all working days in a calendar year of a covered
employee who is required to serve on jury duty.
8. Administrative Leave. On July 1st of each fiscal year that this Resolution is in
effect, FLSA exempt SBCMA employees shall receive eighty (80) hours of
administrative leave. At June 30th of each year, any unused Administrative Leave
up to twenty (20) hours will be automatically carried over to the following fiscal
year. Additional administrative leave may be granted at any time during a fiscal
year, up to a maximum of twenty (20) hours, with a request in writing, including
justification. recommended by the employee's department head. and approved by
the Department Head or the City Manager. Any Administrative Leave has no cash
value and shall not be paid out at any time.
9. Vacation Leave.
a. All SBCMA members shall accrue eighty (80) hours of paid vacation
upon the first day of the second year of continuous full-time employment with the City
of San Bernardino. Thereafter, vacation shall accrue each pay period prorated according
to the number of days or shifts per year in the following chart:
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Completed Years of Rate of Accrual Equivalent Hours
Continuous Service Per Pay Period Per Year
1 Year** 3.333 hours 80 hours
5 Years 5.0 hours 120 hours
15 Years 6.667 hours 160 hours
20 Years 8.334 hours 200 hours
**No vacation shall be granted if service is less than one ( 1) year.
b. Vacation credits may accrue and accumulate for a maximum of two (2)
years' total accumulated vacation credits on a carry-over basis from year to year: 1) 1 through 5
years of service= 160 hours; 2) 6 through 15 years of service= 240 hours; 3) 16 through the
completion of 20 years of service = 320 hours; and, 4) 21 or more years of service = 400 hours.
Once the cap has been reached, a bargaining unit member may not accrue any additional hours
until the employee's accrued leave is below the cap.
c. In the event an employee works less than fifty percent (50%) of the total
normal work hours in a pay period, he/she shall not be credited with any vacation leave for such
pay period. Approved vacation, sick, holiday, and administrative leave shall be considered as
time worked for this item only.
d. When an employee resigns or otherwise leaves the service of the City,
payment shall be made to the employee for the earned portion of his/her post-petition vacation
hours on the basis of the hourly rate of pay being received by the employee on the date of
separation.
e. Vacation Sell Back. SBCMA members may sell back up to forty ( 40)
hours of post-petition vacation time per year providing the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours
remaining in their vacation balance after the sell back occurs;
2. Employees must have taken at least forty ( 40) cumulative hours of vacation
during the past year prior to the sell back of hours;
3. Employees must complete a sell back form, which must include the
signature of the City Manager's approval of the sell back;
4. Forms must be submitted to the Finance Department on or before November
1st each year this Resolution is in effect; and,
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e. No absence due to illness or injury in excess of five (5) working days
shall be approved except after the presentation of satisfactory evidence of illness or
injury; namely a certificate from a practicing physician or an authorized practicing
chiropractor approved by the City Manager or his/her designee. The City Manager or
his/her designee shall have the power to require that any person claiming the sick leave
benefits of this resolution be examined at any reasonable time or intervals by the City's
designated physician, and in the event of an adverse report to reject such claim for sick
leave, in whole or in part, and to terminate sick leave compensation. In the event of the
refusal of any person to submit to such examination after notification, the City Manager
or his/her designees may terminate sick leave compensation and reject any claim
therefor. The City Manager or his/her designee shall have the right to require the
presentation of a certificate.
f. At the time of separation, any employee having six (6) or more years of
service, may cash out unused post-petition sick leave as follows: 1) 288 hours or less,
no cash out; 2) 289-479 hours = 20% of the total accrued hours; 3) 480-959 hours=
25% of the total accrued hours; and, 4) 960 or more accrued hours= 35%.
11. PEHP Plan. The City agrees to participate in the Post Employment Health
Plan (PEHP) in accordance with the terms and conditions of the Plan's Participation
Agreement.
12. CalPERS Retirement. SBCMA members are provided retirement benefits
under the California Public Employees' Retirement System (CalPERS) as follows:
Tier 1: 2. 7% @ 55 Benefit Formula for employees hired on or before
October 3, 2011;
Tier II: 2%@ 55 for employees hired on or after 10/4/11 through
12/31/12;
Tier III: 2% @ 62 for new employees hired on or after January 1, 2013,
that satisfy the definition of "new member" under the Public Employees'
Pension Reform Act (PEPRA).
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Emplo yee Share. Effective 2/112013, all Tier I and Tier II employees shall pay
the employee's share of the retirement contribution, either 8% for the 2.7@ 55 formula
or 7% for the 2%@ 55 formula. Effective 11112013, Tier III employees shall pay the
employee contribution required by the PEPRA, calculated at 50% of the normal cost.
Emplo yer Share. Effective 2/112013, all employees shall contribute 9.304%
(either 1.304% or 2.304% depending whether the employee rate is 8% or 7%) of their
salary toward the employer cost of retirement in accordance with Section 20516 of the
California Government Code.
The City will pay the employer contribution for the Fourth Level 1959 Survivor
Benefit.
For Tier I and II employees, the final compensation retirement calculation shall
be based upon their single highest year of compensation earnable as provided under
Section 20042 of the California Government Code. The compensation earnable period
for Tier III PEPRA employees will be three years.
The City and the SBCMA acknowledge that the_ PEPRA laws and regulations
shall govern a determination of whether employees are hired as "new members" or
"classic or legacy" members.
13. Charter Amendments and Uniform Policies. Section 508 of the City's new
Charter that became effective on January 31, 2017, provides that, "The Council shall
provide for the establishment, regulation and maintenance of a merit system and
governing personnel rules and regulations necessary for the effective administration of
employees of the City's departments, offices and agencies. Such personnel rules and
regulations may include but are not limited to classification and pay plans, examinations,
force reduction, removals, working conditions, provisional and exempt appointments,
in-service training, grievances and relationships with employee organizations."
Accordingly, the City will be reviewing and developing uniform personnel policies in
order to implement this Charter section. The City will provide copies of the uniform
personnel rules and policies to the SBCMA prior to the City Council adoption of such
rules and policies. The City contemplates that the City's uniform policies will include,
without limitation, the following: City-wide Educational Incentive Pay; Acting Pay;
Employee Assistance Program (EAP); Injury Leave; Drug and Alcohol Testing; Leave
of Absence without Pay; No-Pay Status; Military Leave; Jury Duty; Catastrophic Leave;
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Seniority; Work Schedules; and, Probationary Period. Until such rules and policies have
been adopted, all existing rules and policies, including, without limitation, shall remain
in effect.
14. Wellness Benefit. Full-time employees who have successfully passed probation
are eligible to receive a taxable wellness/physical benefit of $250.00/year during each
calendar year that this Resolution is in effect. This amount does not roll over to the next
calendar year and any amounts not used by December 31st shall be forfeited. Employees
have until March 31st of the following calendar year to turn in receipts from the prior
year. All reimbursement requests shall be made on forms provided by the Human
Resources Department. Expenditures must follow the guidelines provided in Exhibit A
to this Resolution.
15. Performance Evaluations. Performance evaluations and any corresponding
merit pay increases will be administered through the provisions of the City's Department
Director Letter (DDL) No. 66, as may be amended.
16. De p artment Head Allowance. A Department Head may be reimbursed up to
fifty dollars ($50) per month to cover work related employee events such as lunches,
department celebrations, employee recognitions, and other events and functions. The
allowance shall not accumulate from month to month. Requests for reimbursement shall
be submitted to the Finance Department on prescribed forms .
18. Bankrup tcy Provisions/Release of Claims/Pre-Petition Leave Balances.
Section 9 of Resolution No. 2015-242 Pre-Petition Leave Balances and Appendix A to
Resolution No. 2015-242 Bankruptcy Provisions and Release of Claims shall continue to
be in effect and are incorporated herein to this Resolution.
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