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CC - Item 8H - Memorandum of Understanding with Rosemead Employees Association and Annual Salary and Benefits Resolution for Full Time EmployeesROSEMEAD CITY COUNCIL STAFF REPORT TO: MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER.. DATE: JUNE 22, 2010 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH ROSEMEAD EMPLOYEES ASSOCIATION AND ANNUAL SALARY AND BENEFITS RESOLUTIONS FOR FULL-TIME EMPLOYEES SUMMARY The City Council will consider approval of a Memorandum of Understanding (MOU) with the Rosemead Employees Association covering all General service employees, and Resolutions that detail the terms and conditions of employment for other full-time employees of the City. A major objective of the documents is "pension reform", which will reduce retirement benefits for all new hires after the July 1, 2010 effective date. The MOU and Resolutions will provide no salary cost-of-living adjustments (COLA) or increases in employee benefits. Recommendation: Approve a Memorandum of Understanding with the Rosemead Employees Association; adopt Resolution No. 2010-39 for the Middle Management, Professional and Confidential service; and adopt Resolution No. 2010-40 for the Management service. BACKGROUND The existing two-year MOU with the Rosemead Employees Association (REA) will expire on June 30, 2010. Over the past several months, representatives of the REA and the City have negotiated in good faith on the terms of a successor MOU. Some of the main features of the new two-year MOU include the following: • Employment categories/units: Full-time employee classifications are designated into three separate categories: o General service (represented by REA); o Middle Management, Professional and Confidential service o Management service ITEM NO. _ APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting June 22, 2010 Page 2 of 2 Compensation: No salary cost-of-living adjustments (COLA) or employee benefits increases will be provided. The existing MOU with the REA that will expire on June 30th obligated the City to conduct a comprehensive classification and compensation study during the term of the agreement. Such a classification and compensation was conducted by a professional consulting firm. The mechanics of a merit-based compensation system that was developed through the study has been negotiated with the REA and are incorporated into the Compensation section of the new MOU and the corresponding Resolutions Pension Reform: The CalPERS retirement formula for all new hires will be reduced from 2.7% at 55 to 2% at 55. Also, employee eligibility for the enhanced retirement formula through PARS after 20 years of service and the Employer Funded Deferred Compensation program will be eliminated for new hires after the July 1, 2010 effective date. Wellness Program: This program will be suspended for the upcoming 2010-11 fiscal year at a savings of $25,000. ' FINANCIAL IMPACT The total estimated net cost to implement the terms and conditions of the MOU and Resolutions is $40,000, which has been factored into the City's proposed budget for the 2010-11 fiscal year. The reduction in the CalPERS pension formula will produce future financial savings associated with the costs of full-time employees hired after July 1, 2010. THE CITY OF ROSEMEAD AND THE ROSEMEAD EMPLOYEE ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 19 2010 THROUGH JUNE 309 2012 TABLE OF CONTENTS ARTICLE 1. PREAMBLE ARTICLE 2. RECOGNITION & EFFECTIVE DATES ARTICLE 3. CONSTITUTIONALITY ARTICLE 4. IMPLEMENTATION ARTICLE 5. NON-DISCRIMINATION ARTICLE 6. GENDER ARTICLE 7. TERMS ARTICLE 8. COMPENSATION ARTICLE 9. HEALTH CARE PROVIDER ARTICLE 10. CAFETERIA-STYLE HEALTH, WELFARE, & SAVINGS BENEFIT ARTICLE 11. RETIREMENT HEALTH PLAN ARTICLE 12. RETIREMENT PROGRAM (PERS) ARTICLE 13. ENHANCED RETIREMENT PROGRAM (PARS) ARTICLE 14. DEFERRED COMPENSATION PROGRAM ARTICLE 15. VACATION LEAVE ARTICLE 16. VACATION BUYBACK ARTICLE 17. CITY-RECOGNIZED HOLIDAYS ARTICLE 18. HOLIDAY PAY ARTICLE 19. FLOATING HOLIDAYS ARTICLE 20. OVERTIME / COMPENSATORY TIME ARTICLE 21. FLEXIBLE SCHEDULING ARTICLE 22. SICK LEAVE ARTICLE 23. BEREAVEMENT LEAVE ARTICLE 24. JURY LEAVE ARTICLE 25. BILINGUAL PAY ARTICLE 26. SHORT-TERM DISABILITY ARTICLE 27. LONG-TERM DISABILITY ARTICLE 28. LIFE INSURANCE ARTICLE 29. TUITION REIMBURSEMENT ARTICLE 30. WELLNESS PROGRAM ARTICLE 31. COMPUTER PURCHASE PROGRAM ARTICLE 32. EMPLOYEE ASSISTANCE PROGRAM (EAP) ARTICLE 33. STAND-BY / CALL-BACK PAY ARTICLE 34. FLEXIBLE BENEFIT PLAN (SECTION 125) ARTICLE 35. DIRECT DEPOSIT PAYROLL ARTICLE 36. MISCELLANEOUS COMMITMENTS ARTICLE 1: PREAMBLE It is the purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication between the City and the Rosemead Employee Association. As a result of good faith negotiations between City and Association representatives, this Memorandum of Understanding sets forth the Agreement regarding wages, hours and other terms and conditions of employment for Team Members covered by this Memorandum. This Memorandum provides for an orderly, means of resolving differences which may arise from time to time during its term. ARTICLE 2: RECOGNITION & EFFECTIVE DATES This Memorandum of Understanding is made and entered into between the City of Rosemead, herein referred to as the "City" and the representatives of the Rosemead Employee Association, herein referred to as the "Association". Full consideration has been given to salaries, Team Member benefits, and other terms and conditions of employment. Pursuant to the provisions of Section 3505.1 of the Government Code of the State of California, said parties agree to this Memorandum of Understanding effective July 1, 2010 upon approval of the City Council. This Memorandum of Understanding shall become effective July 1, 2010 and will continue in effect until June 30, 2012. The Rosemead Employee Association shall be officially recognized as the representative body for all full-time Team Members of the City of Rosemead. This Memorandum of Understanding represents the full and complete understanding between the parties related to the subject matter set forth herein and all preliminary negotiations of whatever kind or nature are merged herein. Full-time Team Members in the following classifications are covered by this agreement: f General'Se Nice.' Accounting Specialist Housing Project Coordinator Accounting Specialist, Senior Maintenance Worker Administrative Assistant Maintenance Lead Worker Assistant Planner Office Specialist Assistant to the City Clerk Public Information Officer Code Enforcement Officer Public Safety Coordinator Code Enforcement Officer, Senior Recreation Coordinator Facilities Technician ARTICLE 3: CONSTITUTIONALITY If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of Understanding is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portion of this Memorandum of Understanding. ARTICLE 4: IMPLEMENTATION This Memorandum of Understanding constitutes a mutual recommendation by the parties to the City Council that one or more resolution be adopted accepting this Memorandum of Understanding and effecting the changes enumerated herein relative to wages, benefits, and other terms and conditions of employment for the Team Members of the City of Rosemead. It is expressly intended that the duties, responsibilities, and functions of the City in the operation of its functions shall in no manner be impaired, subordinated, or negated by any provisions of this agreement. ARTICLE 5: NON-DISCRIMINATION It is agreed that neither the Association nor the City shall discriminate against any Team Member because of race, religious creed, color, national origin, age, ancestry, sexual orientation, sex (including gender identity) disability (physical or mental), sexual orientation, marital status, pregnancy, child birth or related medical condition, or any other legally protected characteristics. ARTICLE 6: GENDER Whenever the masculine or feminine form of any word is used in this Memorandum of Understanding, it also includes the other gender unless clearly indicated in the context. ARTICLE 7: TERMS The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification by the City Council effective July 1, 2010 and ending June 30, 2012. A basic tenet of the compensation system is that the City will not provide annual across-the-board "cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the "target" of 95% of the average prevailing wage rates for similar occupations in the survey cities, provided that the City has the financial budgeted resources to do so. (Salary range adjustments will not result in automatic salary increases for Team Members unless the Team Member's salary rate is below the bottom of the salary range). This target of 95% of the average is based on the professionally recognized principle that a deviation of plus or minus five percent (+/-5%) constitutes a "competitive position" in the labor market. This is particularly true when total compensation and benefit variations are taken into account. Such determinations on salary range adjustments would be made on a classification-by-classification basis as dictated by labor market conditions and the City's ability to pay. The "target" of 95% of the average prevailing wage rates will be determined by calculating the average mid-point base pay of the survey cities. The selected pay range will then be reduced by five percent (5%) in recognition of the City's rich benefits allowance and the principle that +/-5% of the average constitutes a "competitive" position in the labor market. On an annual basis, the non-benchmark to benchmark linkages will be reviewed. If a Team Member's base salary is below the adjusted minimum salary range of his/her classification, his/her salary will be adjusted to the minimum salary range in the range for that classification. The range adjustments will be made during a two year implementation period (FY 2010- 2011 and FY 2011-2012). The first half of the total adjustment will be made on July 1, 2010. The remaining balance will be phased in on July 1, 2011. SURVEY CITIES In order to determine the prevailing salary rates in the local labor market, the following survey cities have been selected based on a two-fold set of criteria and rationale: 1) contiguous geographic proximity to Rosemead; and/or 2) full contract city status in eastern Los Angeles County. The following cities will be surveyed on a periodic basis for comparison purposes: Alhambra La Mirada San Dimas Commerce La Puente San Gabriel Diamond Bar Montebello South El Monte Duarte Monterey Park Temple City El Monte Paramount Lakewood Pico Rivera The City's pay-for-performance system allows a Team Member to obtain a percentage merit salary increase consistent with his/her annual performance evaluation. All Team Member salary increases, within the salary range, will be based on merit through the annual performance evaluations. Based on the Team Member's performance score on his/her performance evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed five percent (5%). Team Member salaries may not exceed the maximum salary range within his/her respective job classification. Current Team Members whose salaries exceed the maximum salary range for his/her job classification will be y-rated (frozen) and will not receive any merit increases until the salary ranges are adjusted based on the labor market survey comparisons. Effective July 1, 2010, all full-time Team Members will be part of the 0%-5% Merit Based Compensation System. All Team Member salary increases, within the salary range, will be based on merit through the annual performance evaluations. Based on the Team Member's performance score on his/her performance evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed five percent (5%). In addition, Team Member salaries may not exceed the maximum salary range within his/her respective job classification. The following is the performance rating categories and percentage increases that a Team Member may be eligible for based upon funding: XRati Percenta e , , Unsatisfactory 0% Needs Development 0% Meets Expectations 2%-3% Exceed Expectations 4% Substantial) Exceeds Expectations 5% ARTICLE 9: HEALTH INSURANCE PROVIDER The City shall contract with CalPERS to serve as the health insurance provider for the City of Rosemead. ARTICLE 10: CAFETERIA-STYLE HEALTH, WELFARE, & SAVINGS BENEFIT Beginning July 1, 2008, the City will provide each full-time Team Member with $1,600 per month for use towards enrolling in any of the City offered health plans, dental plans, and vision plans. Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash disbursement, or used for the purchase of any City sponsored insurance, long-term care, or long- term saving program. Team Members can also choose to take the entire benefit as deferred compensation or cash, but must first show proof of health insurance through another source. ARTICLE 11: RETIREMENT HEALTH PLAN For all full-time Team Members hired on or before July 1, 2007, who have 20 years or more of service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000 / month will be given to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the Team Member costs more than $1,000 / month, the City will only cover the first $1,000 / month of the cost of the selected program. Once the Team Member reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to Medicare coverage, with the City picking up the remaining cost of health insurance coverage up to a maximum of $1,000 / month. For all full-time Team Members hired on or before July 1, 2007, who have 12-19 years of service with the City of Rosemead, and who retire from the City, an allocation of up to $500 / month will be given to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the Team Member costs more than $500 / month, the City will only cover the first $500 / month of the cost of the selected program. The above retirement health contributions will only be in effect for full-time Team Members employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the City will continue to contribute towards the cost of health care coverage during the duration of the Team Members retirement according to the program as defined in Article 10. Furthermore, it is expressly noted that the retirement health contribution can be used towards health coverage for the Team Member, their spouse, and / or any eligible dependent. Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with public employees' retirement laws and CalPERS. ARTICLE 12: RETIREMENT PROGRAM (PERS) Team Members will be enrolled in the City's retirement program through CaIPERS. Effective July 1, 2007, the City will begin providing the 2.7%@55 benefit with one-year final compensation option with no cap. In addition, the City will continue to contribute the Team Member's share to the retirement system. Effective July 1, 2010, the City will implement a 2-tier system with changes for new hires only. All full-time new hires will be at the 2%@55 formula with one-year final compensation option. All existing full-time Team Members hired prior to July 1, 2010 will remain at the 2.7@55 formula. ARTICLE 13: ENHANCED RETIREMENT PROGRAM (PARS) The City will continue offering an enhanced retirement package through PARS for all existing Team Members hired prior to July 1, 2010. Full-time Team Members who retire from Rosemead after working 20 years for the City will have their pension formula enhanced to 3%@55, with the provision that the maximum pension allowance that Team Member's can accrue through PARS will be 90% of their final pay. The PARS retirement pension is limited to 90% of their final pay. Team Members must be at least 55 years of age to qualify for PARS. Effective July 1. 2010, the enhanced retirement package through PARS will no longer be offered to full-time new hires The PARS enhancement will be phased out. For all full-time Team Members, the City will set-up and begin contributing into a deferred compensation account a percentage of the Team Member salary based on years of service. That funding formula will be as follows: • 0 - 4 Years: 1 % of salary contributed into a deferred compensation account. • 5 - 9 Years: 2% of salary contributed to a deferred compensation account. • 10 - 14 Years: 3% of salary contributed to a deferred compensation account. • 15 - 19 Years: 4% of salary contributed to a deferred compensation account. • 20+ Years: 5% of salary contributed to a deferred compensation account. Effective July 1, 2010, the employer funded deferred compensation program will be eliminated for all new full-time Team Members. ARTICLE 15: VACATION LEAVE All full-time Team Members will be entitled to a paid vacation of 100 hours (10 days) following one year of employment. Team Members may begin taking accrued vacation after six months of employment. From the second year of employment until completion of the thirteenth year, Team Members will be entitled to 140 (14 days) hours of paid vacation. Beginning with the fourteenth year, and every year thereafter, Team Members will be entitled to 160 hours (16 days) of vacation. ARTICLE 16: VACATION BUYBACK A full-time Team Member who takes 40 consecutive hours of vacation will be eligible to have the City buyback up to 80 hours of accumulated unused vacation time in conjunction with his/her vacation. ARTICLE 17: CITY-RECOGNIZED HOLIDAYS The following days shall be recognized and observed as paid holidays: 1. New Year's Day (January 1s) 2. Martin Luther King's Birthday (the third Monday in January) 3. Presidents' Birthday (the third Monday in February) 4. Memorial Day (the last Monday in May) 5. Independence Day (July 4`h) 6. Labor Day (the first Monday in September) 7. Veteran's Day (November 11'h) 8. Thanksgiving Day 9. Christmas Day (December 25'h) Non-essential City services and facilities will be closed from Christmas to New Year's Day. If the Team Member elects to take the non-holidays off, he/she will be required to utilize his/her own time. If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the following Monday. ARTICLE 18: HOLIDAY PAY Full-time non-exempt Team Members will receive straight time for the holiday plus 1'/z time for hours worked on the holiday. ARTICLE 19: FLOATING HOLIDAYS Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be used before the end of the calendar year or they will be forfeited. ARTICLE 20: OVERTIME / COMPENSATORY TIME Beginning on July 1, 2007, compensatory time-off (CTO) will no longer be provided to any Team Member. Instead, non-exempt Team Members that work overtime shall be paid for those overtime hours at a rate of 1.5 times their regular pay rate. Those Team Members that have accrued CTO prior to July 1, 2007 shall be allowed to keep those hours. Use of CTO earned shall be granted so that it does not unduly disrupt the operations of the City. Terminating Team Members shall be compensated for accrued compensatory hours. Furthermore, Team Members who have accrued CTO may elect to buy back to the City any hours of CTO per year. Said sell back shall take place during the second pay period in December of each year and will be paid at the Team Member's hourly rate at the time the CTO is sold back to the City. In addition, accrued CTO for any terminating Team Member will be paid out at the Team Member's hourly rate at the time of termination. Any existing full-time Team Members who were eligible for administrative leave entitlements prior to July 1, 2010 under the terms of the Administrative Leave clause specified in Resolutions will continue to be eligible for said entitlements. ARTICLE 21: FLEXIBLE SCHEDULING Depending on a Team Member's area of assignment, an alternate work schedule may be arranged given Department Director approval. This could include the possibility of utilizing a flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement shall require approval of the City Manager. ARTICLE 22: SICK LEAVE A full-time Team Member who is incapacitated from the performance of such Team Member's duties by reason of a non-service related illness or injury, pregnancy, legal requirements of public health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for sick leave. 1. Amount Earned: All full-time, regular or probationary Team Members of the City shall accrue ten (10) hours of sick leave per month. Sick leave shall be earned, commencing on the first day of employment as a probationary Team Member, and accrued on a bi- weekly basis. Team Members may accumulate up to a maximum of 120 hours of sick leave with pay per year. A new Team Member cannot utilize sick leave within the first thirty (30) days of employment. Team Members retiring from the City may have the option to sell back sick leave to purchase up to one (1) additional year of service time from CalPERS. Any other sick leave balance or if the Team Member leaves employment, voluntarily or involuntarily, will be forfeited. 2. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been accrued. 3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave provisions herein shall continue only during the period that the Team Member is employed by the City. All benefits hereunder shall terminate upon the Team Member leaving City service. A Team Member on military leave shall not be granted sick leave during the military leave period. Team Members are not eligible to utilize sick leave benefits within the first thirty (30) days of employment. Sick leave is not a leave which a Team Member may use at his/her discretion, but shall be allowed only in cases of actual sickness or disability which make it impossible or inadvisable for the Team Member to perform normal work assignments/functions. Sick leave may be utilized for dental or medical appointments, medical assessments and/or due to a serious illness in the immediate family. The City Manager/Department Head may deny or revoke sick leave if the incapacitation for which it is taken is caused or substantially aggravated by compensated outside employment. If a Team Member is absent from work for more than three (3) working days without notifying his/her direct supervisor or Department, the Team Member may be dismissed from City service for being absent without official leave. Any abuse of sick leave usage shall be grounds for disciplinary action up to and including dismissal. 4. Illness During Vacation Leave: Team Members who become ill while on approved vacation leave may request from his/her supervisor to have vacation time converted to sick leave. Verification of illness may be required prior to approval. 5. Notification to Supervisor: Any Team Member needing to be absent because of sickness or other physical disability shall notify the appropriate Department Director or immediate supervisor at least one (1) day prior to such absence if circumstances permit, or within one (1) hour before the start of his/her regular shift when prior notice cannot be given. 6. Sick Leave Authorized Due to Illness in Family: A Team Member shall be allowed sick leave due to serious illness in the immediate family. The definition of "family" defined under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a serious illness in the immediate family, a certificate of such illness and the need for the Team Member's absence by the acceptable medical authority may be required by the Department Director. In such case, the Team Member must be able to produce' a verifying certification upon request by management. Return to Work Followinq Illness: The Department Director may require a Team Member to submit to a medical and/or psychiatric examination by a physician designated by the City before permitting the Team Member to return to work after the Team Member has been on sick leave. If the results of any such examination indicate that the Team Member is unable to perform assigned duties, or if performance of those duties will expose others to infection, the Team Member shall be placed on sick leave, or leave without pay after all sick leave has been used, until adequate medical evidence is submitted that the Team Member is competent to perform assigned duties or will not subject others to the infection. 8. Medical Certificate Requirement: In order to be paid for time while absent from duty on sick leave, the Team Member must make every good faith effort to notify his/her immediate supervisor prior to the start of the Team Member's work day. The Department Director may request, for cause, a certificate issued by a licenses physician or other satisfactory proof of illness before sick leave is granted. The Department Director may also choose a licensed physician to conduct a physical examination at City expense. Any Team Member who makes application for sick leave may be required by either the Department Director or City Manager to file a certificate signed by a duly and regularly licensed physician authorized to practice medicine or may be required to submit a personal statement which states the Team Member was incapacitated from performing the duties of the position for each day that sick leave is requested. Authority shall also be given for the physician signing the certificate, to disclose to the City Manager or the Department Director, information relating to sick leave. Sick leave shall be granted when the application for sick' leave is approved by the Department Director or the City Manager. 9. Transfer of Sick Leave: New Team Members may bring with them/transfer up to two hundred (200) hours of sick leave from their previous employer provided the previous employer did not otherwise compensate the Team Member for said hours. The new Team Member shall provide a letter or documentation from the previous employer verifying accrued but uncompensated hours. A Team Member shall not receive payment for unused accumulated sick leave upon dismissal of employment or retirement (either disability or regular). A Team Member may not use sick leave to extend a retirement (either disability or regular) or dismissal date. This prohibition shall not affect a Team Member's right to obtain sick leave credit with PERS. Any other balances or if a Team Member resigns or is dismissed will be forfeited. ARTICLE 23: BEREAVEMENT LEAVE In the event of the death of a member of a Team Member's immediate family (defined as spouse, parent, step-parent, grandparent, sibling, children, grandchildren, mother-in-law, father-in-law, sister-in-law, brother-in-law, registered domestic partner or child of a registered domestic partner), Team Members will be entitled to four (4) paid days off for bereavement leave per incident. ARTICLE 24: JURY LEAVE Team Members required to serve on a jury will be entitled to their regular compensation for up to 80 hours provided that fees forjury service are deposit with the finance department. ARTICLE 25: BILINGUAL PAY The City will offer a bilingual pay program for eligible Team Members who consistently utilize other languages to translate during the normal course of work. To qualify, Team Members must pass the test developed or utilized by the City for the following recognized languages: Spanish, Vietnamese, Cantonese, and/or Mandarin. A maximum of three (3) positions per language per site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites (RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three Team Members wish to apply for it, management will determine the top three (3) based upon positional need. Once certified, Team Members shall receive a bilingual stipend of $75 per month. Any Team Member who is not certified by the City shall not be required to use a language other than English. However, when a member of the public, requests assistance in a language other than English, our Team Members shall make a reasonable effort to accommodate and assist in a polite and professional manner. ARTICLE 26: SHORT-TERM DISABILITY The City will provide Team Members with a short-term disability plan to protect against cases where a non-work-related illness or injury is sustained which results in an inability to work for a short period of time. In these cases, Team Members will receive 66.67% of their base salary (1 year average of W-2) with a waiting period of 15 days. Team Members will receive continued payment until the Team Member is medically able to return to work, or has to begin utilizing long term disability, or until the Team Member reaches the age of 65, whichever comes first. The maximum short-term disability benefit amount will be $1848 per week. ARTICLE 27: LONG-TERM DISABILITY The City will provide Team Members with a long-term disability plan to protect against cases where a non-work-related illness or injury is sustained which results in an inability to work for a long period of time. In these cases, Team Members will receive 66.67% of their base salary with a 90 day waiting period. Team Member will receive continued payment until the Team Member is medically able to return to work, or until the Team Member reaches the age of 65, whichever comes first. The maximum long-term disability benefit amount will be $8,000 per month. ARTICLE 28: LIFE INSURANCE Team Members will receive an accidental death & dismemberment and life insurance policy of $100,000. ARTICLE 29: TUITION REIMBURSEMENT Subject to City Manager approval, Team Members may attend and be reimbursed for part or all of the costs of educational and other training courses (up to $5,000 per fiscal year) which provide a benefit to the City and provided there are budgeted funds for such approval by the City Council. During the budget process, money will be included annually for educational reimbursement. The educational/training courses must be job-related and Team Members must remain with the City for two (2) years after the completion of class or must refund the tuition paid to the City. Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. All Team Members with prior approval by the City Manager, may be reimbursed for registration, costs of books, tuition, lab fees and parking for classes or instruction, provided such classes or instruction are related to the Team Member's assigned duties with the City. Reimbursement will be made only after a Team Member has satisfactorily completed the class or workshop with the grade of C or better or equivalent completion and that evidence of same has been submitted and approved by the City Manager. In general, training time during working hours shall be considered part of the job. Unless the City directs a Team Member to attend a specific training course and the course is not available during work hours, training after hours shall be considered voluntary and no additional pay, overtime, or compensatory time shall be given by the City unless advance special written approval is granted. Study time shall be considered completely voluntary. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager/Assistant City Manager after review of the request and recommendations by the Department Director and/or Human Resources. ARTICLE 30: WELLNESS PROGRAM The City will suspend the Wellness reimbursement program for FY 2010-2011. The City will revisit the wellness reimbursement program at $500 per year for FY 2011-2012 based upon the availability of funding. ARTICLE 31: COMPUTER PURCHASE PROGRAM The City provides a computer purchase program for all full-time Team Members. Full-time Team Members are eligible for this program after the completion of the probationary period. ARTICLE 32: EMPLOYEE ASSISTANCE PROGRAM The City will provide Team Members with access to the Employee Assistance Program (EAP). ARTICLE 33: STAND-BY / CALL-BACK PAY If a Team Member is on stand-by or on-call, he/she shall receive $100 per week with a minimum of 3 hours of overtime regardless of the time of day or day of the week if required to report back to work. In addition, call back pay shall commence upon the arrival of the Team Member at the work site. ARTICLE 34: FLEXIBLE BENEFIT PLAN (SECTION 125) The City will offer Team Members a flexible benefit plan which will allow individuals to pay for certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre-tax dollars. ARTICLE 35: DIRECT DEPOSIT Team Members will be provided with an option to authorize the automatic deposit of each paycheck into an individual's checking, savings or credit union account. Payroll checks will not be issued in advance. ARTICLE 36: MISCELLANEOUS COMMITMENTS The City commits to the following miscellaneous activities during the 2010-2012 fiscal years: • Create formalized Administrative Policies. • Update Employer- Employee Relationship Resolution No. 96-38. • The City will survey all benchmark classifications annually to determine the market midpoint. ROSEMEAD EMPLOYEES ASSOCIATION BY: KIM P. BORIS REA REPRESENTATIVE BY: CONCHITA T. ESCALONA REA REPRESENTATIVE By, BY: EDUARDO ESPINOZA REA REPRESENTATIVE IRMA A. GALINDO REA REPRESENTATIVE BY: ERICKA HERNANDEZ REA REPRESENTATIVE BY: MARTIN A. JONES REA REPRESENTATIVE BY: MARCY MARQUEZ REA REPRESENTATIVE By RAY RODRIGUEZ REA REPRESENTATIVE CITY OF ROSEMEAD BY: JEFF ALLRED CITY MANAGER THE PARTIES HERETO HAVE CAUSED THIS MEMORANDUM OF UNDERSTANDING TO BE EXECUTED THIS DAY OF _ 12010 10 City of Rosemead General Services Salary Ranges and Job Classifications Effective July 1, 2010 Administrative Assistant $38,537 $52,138 Office Specialist $31,629 $42,792 Administration Minimum Maximum Accounting Specialist $34,912 $47,234 Accounting Specialist, Senior $44,691 $60,464 Community Development Minimum Maximum Assistant Planner $48,127 $65,113 Housing Project Coordinator $51,828 $70,120 Parks and Recreation Minimum Maximum Recreation Coordinator $26,608 $35,999 Public Safety Minimum Maximum Code Enforcement Officer $39,500 $53.441 Code Enforcement Officer, Senior $45,808 $61,976 Public Safety Coordinator $45,808 $61,976 Public Works Minimum Maximum Facilities Technician $37,597 $50,866 Maintenance Lead worker $41,500 $56,147 Maintenance Worker $32,420 $43,862 RESOLUTION NO. 2010-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS IN THE MIDDLE MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL SERVICE OF THE CITY OF ROSEMEAD WHEREAS, THE FOLLOWING classifications in the Middle Management, Professional and Confidential Service of the City of Rosemead ("City") are critical to the efficient and effective operations of the City, the City Council recognizes the management, supervisory, professional and/or confidential nature of their positions; and WHEREAS, employees in these classifications are exempt under the provisions of the Federal Fair Labor Standards Act; and WHERAS, the City Council desires to establish the compensation levels for classifications in Middle Management, Professional, and Confidential Service of the City; NOW THEREFORE, BE IT RESOLVED that effective beginning July 1, 2010, the salary ranges and benefits for the classifications covered by this Resolution are as follows: SECTION 1: APPLICABILITY Full-time Team Members in the following classifications are covered by this Resolution: jMid-Maria'eiroenty Frof6ssi o`nij",i'donfidential.Service Assistant Parks & Recreation Director/Recreation Manager Manage ent Analyst, Senior City Engineer Planner City Planner Principal Planner Civil Engineer Public Safety Supervisor Community Development Manager Public Works Manager Executive Assistant to the City Manager Public Works Superintendent Finance Manager Recreation Supervisor Human Resources Manager Senior Planner Management Analyst SECTION 2: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET COMPARISONS A basic tenet of the compensation system is that the City will not provide annual across-the-board "cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the "target" of 95% of the average prevailing wage rates for similar occupations in the survey cities, provided that the City has the financial budgeted resources to do so. (Salary range adjustments will not result in automatic salary increases for Team Members unless the Team Member's salary rate is below the bottom of the salary range). This target of 95% of the average is based on the professionally recognized principle that a deviation of plus or minus five percent (+/-5%) constitutes a "competitive position" in the labor market. This is particularly true when total compensation and benefit variations are taken into account. Such determinations on salary range adjustments would be made on a classification-by-classification basis as dictated by labor market conditions and the City's ability to pay. The "target" of 95% of the average prevailing wage rates will be determined by calculating the average mid- point base pay of the survey cities. The selected pay range will then be reduced by five percent (5%) in recognition of the City's rich benefits allowance and the principle that +/-5% of the average constitutes a "competitive" position in the labor market. On an annual basis, the non-benchmark to benchmark linkages will be reviewed. SURVEY CITIES In order to determine the prevailing salary rates in the local labor market, the following survey cities have been selected based on a two-fold set of criteria and rationale: 1) contiguous geographic proximity to Rosemead; and/or 2) full contract city status in eastern Los Angeles County. The following cities will be surveyed on a periodic basis for comparison purposes: Alhambra La Mirada San Dimas Commerce La Puente San Gabriel Diamond Bar Montebello South El Monte Duarte Monterey Park Temple City El Monte Paramount Lakewood Pico Rivera TEAM MEMBER SALARY ADJUSTMENTS WITHIN SALARY RANGE BASED ON JOB PERFORMANCE The City's pay-for-performance system allows a Team Member to obtain a percentage merit salary increase consistent with his/her annual performance evaluation. All Team Member salary increases, within the salary range, will be based on merit through the annual performance evaluations. Based on the Team Member's performance score on his/her performance evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed five percent (5%). Team Member salaries may not exceed the maximum salary range within his/her respective job classification. Current Team Members whose salaries exceed the maximum salary range for his/her job classification will be y-rated (frozen) and will not receive any merit increases until the salary ranges are adjusted based on the labor market survey comparisons. Effective July 1, 2010, all full-time Team Members will be part of the 0%-5% Merit Based Compensation System. All Team Member salary increases, within the salary range, will be based on merit through the annual performance evaluations. Based on the Team Member's performance score on his/her performance evaluation, a Team Member will be eligible for a merit increase. Team Member salaries may not exceed the maximum salary range within his/her respective job classification. The following is the performance rating categories and percentage increases that a Team Member may be eligible for based upon funding: w` '-Rahn ,Percentage Unsatisfactory 0% Needs Development 0% Meets Expectations 2%-3% Exceed Expectations 4% Substantial) Exceeds Expectations 5% SECTION 3: HEALTH INSURANCE PROVIDER The City shall contract with CalPERS to serve as the health insurance provider for the City of Rosemead. SECTION 4: CAFETERIA-STYLE HEALTH, WELFARE, & SAVINGS BENEFIT Beginning July 1, 2008, the City will provide each full-time Team Member with $1,600 per month for use towards enrolling in any of the City offered health plans, dental plans, and vision plans. Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash disbursement, or used for the purchase of any City sponsored insurance, long-term care, or long-term saving program. ,Team Members can also choose to take the entire benefit as deferred compensation or cash, but must first show proof of health insurance through another source. SECTION 5: RETIREMENT HEALTH PLAN For all full-time Team Members hired on or before July 1, 2007, who have 20 years or more of service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000 / month will be given to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the Team Member costs more than $1,000 / month, the City will only cover the first $1,000 / month of the cost of the selected program. Once the Team Member reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to Medicare coverage, with the City picking up the remaining cost of health insurance coverage up to a maximum of $1,000 / month. For all full-time Team Members hired on or before July 1, 2007, who have 12-19 years of service with the City of Rosemead, and who retire from the City, an allocation of up to $500 / month will be given to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the Team Member costs more than $500 / month, the City will only cover the first $500 / month of the cost of the selected program. The above retirement health contributions will only be in effect for full-time Team Members employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the City will continue to contribute towards the cost of health care coverage during the duration of the Team Members retirement according to the program as defined in Section 10. Furthermore, it is expressly noted that the retirement health contribution can be used towards health coverage for the Team Member, their spouse, and / or any eligible dependent. Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with public employees' retirement laws and CalPERS. SECTION 6: RETIREMENT PROGRAM (PERS) Team Members will be enrolled in the City's retirement program through CalPERS. Effective July 1, 2007, the City will begin providing the 2.7%@55 benefit with one-year final compensation option with no cap. In addition, the City will continue to contribute the Team Member's share to the retirement system Effective July 1, 2010, the City will implement a 2-tier system with changes for new hires only. All full-time new hires will be at the 2%@55 formula with one-year final compensation option. All existing full-time Team Members hired prior to July 1, 2010 will remain at the 2.7@55 formula. SECTION 7: ENHANCED RETIREMENT PROGRAM (PARS) The City will continue offering an enhanced retirement package through PARS for all existing Team Members hired prior to July 1, 2010. Full-time Team Members who retire from Rosemead after working 20 years for the City will have their pension formula enhanced to 3%@55, with the provision that the maximum pension allowance that Team Member's can accrue through PARS will be 90% of their final pay. The PARS retirement pension is limited to 90% of their final pay. Team Members must be at least 55 years of age to qualify for PARS. Effective July 1. 2010, the enhanced retirement package through PARS will no longer be offered to full-time new hires The PARS enhancement will be phased out. SECTION 8: EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM For all full-time Team Members, the City will set-up and begin contributing into a deferred compensation account a percentage of the Team Member salary based on years of service. That funding formula will be as follows: ■ 0 - 4 Years: 1 % of salary contributed into a deferred compensation account. • 5 - 9 Years: 2% of salary contributed to a deferred compensation account. • 10 -14 Years: 3% of salary contributed to a deferred compensation account. • 15 -19 Years: 4% of salary contributed to a deferred compensation account. • 20+ Years: 5% of salary contributed to a deferred compensation account. Effective July 1, 2010, the employer funded deferred compensation program will be eliminated for all new full-time Team Members. SECTION 9: VACATION LEAVE All full-time Team Members will be entitled to a paid vacation of 100 hours (10 days) following one year of employment. Team Members may begin taking accrued vacation after six months of employment. From the second year of employment until completion of the thirteenth year, Team Members will be entitled to 140 (14 days) hours of paid vacation. Beginning with the fourteenth year, and every year thereafter, Team Members will be entitled to 160 hours (16 days) of vacation. SECTION 10: VACATION BUYBACK A full-time Team Member who takes 40 consecutive hours of vacation will be eligible to have the City buyback up to 80 hours of accumulated unused vacation time in conjunction with his/her vacation. SECTION 11: CITY-RECOGNIZED HOLIDAYS The following days shall be recognized and observed as paid holidays: 1. New Year's Day (January 15t) 2. Martin Luther King's Birthday (the third Monday in January) 3. Presidents' Birthday (the third Monday in February) 4. Memorial Day (the last Monday in May) 5. Independence Day (July 4th) 6. Labor Day (the first Monday in September) 7. Veteran's Day (November 11th) 8. Thanksgiving Day 9. Christmas Day (December 25th) Non-essential City services and facilities will be closed from Christmas to New Year's Day. If the Team Member elects to take the non-holidays off, he/she will be required to utilize his/her own time. If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the following Monday. SECTION 12: FLOATING HOLIDAYS Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be used before the end of the calendar year or they will be forfeited. ARTICLE 13: ADMINISTRATIVE LEAVE On January 1, 2008, and every January 1 thereafter, Team Members will be allocated an allotment of 60 hours per year of administrative leave. Any Administrative Leave hours that have not been used by December 31 of a calendar year will be lost. However, any Team Member working in a position classified as exempt and who has utilized or plans to utilize at least ''/z of their allocated Administrative Leave by December 31, will be offered the opportunity to sell back to the City any of their remaining Administrative Leave hours. Said sell back shall take place during the second pay period in December of each year and will be paid at the Team Member's hourly rate at the time the administrative leave is sold back to the City. Furthermore, any Administrative Leave on the books for a terminating Team Member shall be paid out at the Team Member's hourly rate at the time of termination. For the purposes of participating in the City's Administrative Leave sell back program, those Team Members classified exempt must have utilized at least 30 hours of Administrative Leave. Any existing full-time Team Members who were eligible for administrative leave entitlements prior to July 1, 2010 under the terms of the Administrative Leave clause will continue to be eligible for said entitlements. SECTION 14: FLEXIBLE SCHEDULING Depending on a Team Member's area of assignment, an alternate work schedule may be arranged given Department Director approval. This could include the possibility of utilizing a flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangements shall require approval of the City Manager. SECTION 15: SICK LEAVE A full-time Team Member who is incapacitated from the performance of such Team Member's duties by reason of a non-service related illness or injury, pregnancy, legal requirements of public health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for sick leave. Amount Earned: All full-time, regular or probationary Team Members of the City shall accrue ten (10) hours of sick leave per month. Sick leave shall be earned, commencing on the first day of employment as a probationary Team Member, and accrued on a bi-weekly basis. Team Members may accumulate up to a maximum of 120 hours of sick leave with pay per year. A new Team Member cannot utilize sick leave within the first thirty (30) days of employment. Team Members retiring from the City may have the option to sell back sick leave to purchase up to one (1) additional year of service time from CaIPERS. Any other sick leave balance or. if the Team Member leaves employment, voluntarily or involuntarily, will be forfeited. 2. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been accrued. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave provisions herein shall continue only during the period that the Team Member is employed by the City. All benefits hereunder shall terminate upon the Team Member leaving City service. A Team Member on military leave shall not be granted sick leave during the military leave period. Team Members are not eligible to utilize sick leave benefits within the first thirty (30) days of employment. Sick leave is not a leave which a Team Member may use at his/her discretion, but shall be allowed only in cases of actual sickness or disability which make it impossible or inadvisable for the Team Member to perform normal work assignments/functions. Sick leave may be utilized for dental or medical appointments, medical assessments and/or due to a serious illness in the immediate family. The City Manager/Department Head may deny or revoke sick leave if the incapacitation for which it is taken is caused or substantially aggravated by compensated outside employment. If a Team Member is absent from work for more than three (3) working days without notifying his/her direct supervisor or Department, the Team Member may be dismissed from City service for being absent without official leave. Any abuse of sick leave usage shall be grounds for disciplinary action up to and including dismissal. 4. Illness During Vacation Leave: Team Members who become ill while on approved vacation leave may request from his/her supervisor to have vacation time converted to sick leave. Verification of illness may be required prior to approval. 5. Notification to Supervisor: Any Team Member needing to be absent because of sickness or other physical disability shall notify the appropriate Department Director or immediate supervisor at least one (1) day prior to such absence if circumstances permit, or within one (1) hour before the start of his/her regular shift when prior notice cannot be given. 6. Sick Leave Authorized Due to Illness in Family: A Team Member shall be allowed sick leave due to serious illness in the immediate family. The definition of "family" defined under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a serious illness in the immediate family, a certificate of such illness and the need for the Team Member's absence by the acceptable medical authority may be required by the Department Director. In such case, the Team Member must be able to produce a verifying certification upon request by management. Return to Work Following Illness: The Department Director may require a Team Member to submit to a medical and/or psychiatric examination by a physician designated by the City before permitting the Team Member to return to work after the Team Member has been on sick leave. If the results of any such examination indicate that the Team Member is unable to perform assigned duties, or if performance of those duties will expose others to infection, the Team Member shall be placed on sick leave, or leave without pay after all sick leave has been used, until adequate medical evidence is submitted that the Team Member is competent to perform assigned duties or will not subject others to the infection. 8. Medical Certificate Requirement: In order to be paid for time while absent from duty on sick leave, the Team Member must make every good faith effort to notify his/her immediate supervisor prior to the start of the Team Member's work day. The Department Director may request, for cause, a certificate issued by a licenses physician or other satisfactory proof of illness before sick leave is granted. The Department Director may also choose a licensed physician to conduct a physical examination at City expense. Any Team Member who makes application for sick leave may be required by either the Department Director or City Manager to file a certificate signed by a duly and regularly licensed physician authorized to practice medicine or may be required to submit a personal statement which states the Team Member was incapacitated from performing the duties of the position for each day that sick leave is requested. Authority shall also be given for the physician signing the certificate, to disclose to the City Manager or the Department Director, information relating to sick leave. Sick leave shall be granted when the application for sick leave is approved by the Department Director or the City Manager. 9. Transfer of Sick Leave: New Team Members may bring with them/transfer up to two hundred (200) hours of sick leave from their previous employer provided the previous employer did not otherwise compensate the Team Member for said hours. The new Team Member shall provide a letter or documentation from the previous employer verifying accrued but uncompensated hours. A Team Member shall not receive payment for unused accumulated sick leave upon dismissal of employment or retirement (either disability or regular). A Team Member may not use sick leave to extend a retirement (either disability or regular) or dismissal date. This prohibition shall not affect a Team Member's right to obtain sick leave credit with PERS. Any other balances or if a Team Member resigns or is dismissed will be forfeited. SECTION 16: BEREAVEMENT LEAVE In the event of the death of a member of a Team Member's immediate family (defined as spouse, parent, step-parent, grandparent, sibling, children, grandchildren, mother-in-law, father-in-law, sister-in-law, brother-in-law, registered domestic partner or child of a registered domestic partner), Team Members will be entitled to four (4) paid days off for bereavement leave per incident. SECTION 17: JURY LEAVE Team Members required to serve on a jury will be entitled to their regular compensation for up to 80 hours provided that fees for jury service are deposit with the finance department. SECTION 18: BILINGUAL PAY The City will offer a bilingual pay program for eligible Team Members who consistently utilize other languages to translate during the normal course of work. To qualify, Team Members must pass the test developed or utilized by the City for the following recognized languages: Spanish, Vietnamese, Cantonese, and/or Mandarin. A maximum of three (3) positions per language per site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites (RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three Team Members wish to apply for it, management will determine the top three (3) based upon positional need. Once certified, Team Members shall receive a bilingual stipend of $75 per month. Any Team Member who is not certified by the City shall not be required to use a language other than English. However, when a member of the public, requests assistance in a language other than English, our Team Members shall make a reasonable effort to accommodate and assist in a polite and professional manner. SECTION 19: SHORT-TERM DISABILITY The City will provide Team Members with a short-term disability plan to protect against cases where a non- work-related illness or injury is sustained which results in an inability to work for a short period of time. In these cases, Team Members will receive 66.67% of their base salary (1 year average of W-2) with a waiting period of 15 days. Team Members will receive continued payment until the Team Member is medically able to return to work, or has to begin utilizing long term disability, or until the Team Member reaches the age of 65, whichever comes first. The maximum short-term disability benefit amount will be $1848 per week. SECTION 20: LONG-TERM DISABILITY The City will provide Team Members with a long-term disability plan to protect against cases where a non- work-related illness or injury is sustained which results in an inability t6work for a long period of time. In these cases, Team Members will receive 66.67% of their base salary with a 90 day waiting period. Team Member will receive continued payment until the Team Member is medically able to return to work, or until the Team Member reaches the age of 65, whichever comes first. The maximum long-term disability benefit amount will be $8,000 per month. SECTION 21: LIFE INSURANCE Team Members will receive an accidental death & dismemberment and life insurance policy of $100,000. SECTION 22: TUITION REIMBURSEMENT Subject to City Manager approval, Team Members may attend and be reimbursed for part or all of the costs of educational and other training courses (up to $5,000 per fiscal year) which provide a benefit to the City and provided there are budgeted funds for such approval by the City Council. During the budget process, money will be included annually for educational reimbursement. The educational/training courses must be job-related and Team Members must remain with the City for two (2) years after the completion of class or must refund the tuition paid to the City. Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. All Team Members with prior approval by the City Manager, may be reimbursed for registration, costs of books, tuition, lab fees and parking for classes or instruction, provided such classes or instruction are related to the Team Member's assigned duties with the City. Reimbursement will be made only after a Team Member has satisfactorily completed the class or workshop with the grade of C or better or equivalent completion and that evidence of same has been submitted and approved by the City Manager. In general, training time during working hours shall be considered part of the job. Unless the City directs a Team Member to attend a specific training course and the course is not available during work hours, training after hours shall be considered voluntary and no additional pay, overtime, or compensatory time shall be given by the City unless advance special written approval is granted. Study time shall be considered completely voluntary. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager/Assistant City Manager after review of the request and recommendations by the Department Director and/or Human Resources. SECTION 23: WELLNESS PROGRAM The City will suspend the Wellness reimbursement program for FY 2010-2011. The City will revisit the wellness reimbursement program at $500 per year for FY 2011-2012 based upon the availability of funding. SECTION 24: COMPUTER PURCHASE PROGRAM The City provides a computer purchase program for all full-time Team Members. Full-time Team Members are eligible for this program after the completion of the probationary period. SECTION 25: EMPLOYEE ASSISTANCE PROGRAM The City will provide Team Members with access to the Employee Assistance Program (EAP). SECTION 28: FLEXIBLE BENEFIT PLAN (SECTION 125) The City will offer Team Members a flexible benefit plan which will allow individuals to pay for certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre-tax dollars. SECTION 27: DIRECT DEPOSIT Team Members will be provided with an option to authorize the automatic deposit of each paycheck into an individual's checking, savings or credit union account. Payroll checks will not be issued in advance. SECTION 28: AUTO ALLOWANCE Mid-Management Team Members may receive up to $500 per month based on business necessity as determined by the City Manager based on the driving demands of the position. Any existing full-time Team Members who were eligible for auto allowance prior to July 1, 2010 under the terms of the Auto Allowance clause will continue to be eligible. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Rosemead on the 22nd day of June 22, 2010. Gary Taylor Mayor ATTEST: Gloria Molleda City Clerk APPROVE AS TO FORM: Joseph Montes City Attorney City of Rosemead Mid-Management Professional Confidential Services Salary Ranges and Job Classifications Effective July 1, 2010 Executive Assistant to the City Manager $44,691 $60,464 Administration Minimum Maximum Human Resources Manager $69,702 $94,303 Management Analyst $50,563 $68,409 Management Analyst, Senior $55,813 $75,511 Finance Manager $69,702 $94,303 Community Development Minimum Maximum City Planner (Vacant) $71,445 $96,661 Community Development Manager $68,002 $92,003 Planner (Vacant) $53,123 $71,873 Principal Planner $64,726 $87,570 Senior Planner (Vacant) $58,638 $79,334 Parks and Recreation Minimum Maximum Assistant Director of Parks 8 Recreation/Recreation Manager $68,002 $92,003 Recreation Supervisor $50,563 $68,409 Public Safety Minimum Maximum Public Safety Supervisor $64,726 $87,570 Public Works Minimum Maximum City Engineer $96,085 $129,998 Civil Engineer $61,607 $83,350 Public Works Manager $61,607 $83,350 Public Works Superintendent $50,563 $68,409 RESOLUTION NO. 2010-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS IN THE MANAGEMENTSERVICE OF THE CITY OF ROSEMEAD WHEREAS, THE FOLLOWING classifications in the Management Service of the City of Rosemead ("City') are critical to the efficient and effective operations of the City, the City Council recognizes the management nature and responsibilities of the positions; and WHEREAS, employees in these classifications are exempt under the provisions of the Federal Fair Labor Standards Act and serve in an "at-will" employment capacity; NOW THEREFORE, BE IT RESOLVED that effective beginning July 1, 2010, the salary ranges and benefits for the affected classifications will be as follows: SECTION 1: APPLICABILITY Full-time Team Members in the following classifications are covered by this Resolution: it'.I+r.dFW ',Maria e ment+Se ",.I d M rvlce'Unit? ` Assistant City Manager Director of Community Development Director of Finance Director of Parks & Recreation Director of Public Works SECTION 2: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET COMPARISONS A basic tenet of the compensation system is that the City will not provide annual across-the-board "cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the "target" of 95% of the average prevailing wage rates for similar occupations in the survey cities, provided that the City has the financial budgeted resources to do so. (Salary range adjustments will not result in automatic salary increases for Team Members unless the Team Member's salary rate is below the bottom of the salary range). This target of 95% of the average is based on the professionally recognized principle that a deviation of plus or minus five percent (+/-5%) constitutes a "competitive position" in the labor market. This is particularly true when total compensation and benefit variations are taken into account. Such determinations on salary range adjustments would be made on a classification-by-classification basis as dictated by labor market conditions and the City's ability to pay. The "target" of 95% of the average prevailing wage rates will be determined by calculating the average mid- point base pay of the survey cities. The selected pay range will then be reduced by five percent (5%) in recognition of the City's rich benefits allowance and the principle that +/-5% of the average constitutes a "competitive" position in the labor market. On an annual basis, the non-benchmark to benchmark linkages will be reviewed. If a Team Member's base salary is below the adjusted minimum salary range of his/her classification, his/her salary will be adjusted to the minimum salary range in the range for that classification. The range adjustments will be made during a two year implementation period (FY 2010- 2011 and FY 2011-2012). The first half of the total adjustment will be made on July 1, 2010. The remaining balance will be phased in on July 1, 2011. SURVEY CITIES In order to determine the prevailing salary rates in the local labor market, the following survey cities have been selected based on a two-fold set of criteria and rationale: 1) contiguous geographic proximity to Rosemead; and/or 2) full contract city status in eastern Los Angeles County. The following cities will be surveyed on a periodic basis for comparison purposes: Alhambra La Mirada San Dimas Commerce La Puente San Gabriel Diamond Bar Montebello South El Monte Duarte Monterey Park Temple City El Monte Paramount Lakewood Pico Rivera TEAM MEMBER SALARY ADJUSTMENT WITHIN SALARY RANGE BASED ON JOB PERFORMANCE The City's pay-for-performance system allows a Team Member to obtain a percentage merit salary increase consistent with his/her annual performance evaluation. All Team Member salary increases, within the salary range, will be based on merit through the annual performance evaluations. Based on the Team Member's performance score on his/her performance evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed five percent (5%). Team Member salaries may not exceed the maximum salary range within his/her respective job classification. Current Team Members whose salaries exceed the maximum salary range for his/her job classification will be y-rated (frozen) and will not receive any merit increases until the salary ranges are adjusted based on the labor market survey comparisons. Effective July 1, 2010, all full-time Team Members will be part of the 0%-5% Merit Based Compensation System. All Team Member salary increases, within the salary range, will be based on merit through the annual performance evaluations. Based on the Team Member's performance score on his/her performance evaluation, a Team Member will be eligible for a merit increase. Team Member salaries may not exceed the maximum salary range within his/her respective job classification. The following is the performance rating categories and percentage increases that a Team Member may be eligible for based upon funding: "Percents e Unsatisfacto 0%0 Needs Development 0% Meets Expectations 2%-3% Exceed Expectations 4% Substantial/ Exceeds Expectations 5% SECTION 3: HEALTH INSURANCE PROVIDER The City shall contract with CaIPERS to serve as the health insurance provider for the City of Rosemead. SECTION 4: CAFETERIA-STYLE HEALTH, WELFARE, & SAVINGS BENEFIT Beginning July 1, 2008, the City will provide each full-time Team Member with $1,600 per month for use towards' enrolling in any of the City offered health plans, dental plans, and vision plans. Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash disbursement, or used for the purchase of any City sponsored insurance, long-term care, or long-term saving program. Team Members can also choose to take the entire benefit as deferred compensation or cash, but must first show proof of health insurance through another source. SECTION 5: RETIREMENT HEALTH PLAN For all full-time Team Members hired on or before July 1, 2007, who have 20 years or more of service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000 / month will be given to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the Team Member costs more than $1,000 / month, the City will only cover the first $1,000 / month of the cost of the selected program. Once the Team Member reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to Medicare coverage, with the City picking up the remaining cost of health insurance coverage up to a maximum of $1,000 / month. For all full-time Team Members hired on or before July 1, 2007, who have 12-19 years of service with the City of Rosemead, and who retire from the City, an allocation of up to $500 / month will be given to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the Team Member costs more than $500 / month, the City will only cover the first $500 / month of the cost of the selected program. The above retirement health contributions will only be in effect for full-time Team Members employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the City will continue to contribute towards the cost of health care coverage during the duration of the Team Members retirement according to the program as defined in Section 10. Furthermore, it is expressly noted that the retirement health contribution can be used towards health coverage for the Team Member, their spouse, and / or any eligible dependent. Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with public employees' retirement laws and CalPERS. SECTION 6: RETIREMENT PROGRAM (PERS) Team Members will be enrolled in the City's retirement program through CaIPERS. Effective July 1, 2007, the City will begin providing the 2.7%@55 benefit with one-year final compensation option with no cap. In addition, the City will continue to contribute the Team Member's share to the retirement system. Effective July 1, 2010, the City will implement a 2-tier system with changes for new hires only. All full-time new hires will be at the 2%@55 formula with one-year final compensation option. All existing full-time Team Members hired prior to July 1, 2010 will remain at the 2.7@55 formula. SECTION 7: ENHANCED RETIREMENT PROGRAM (PARS) The City will continue offering an enhanced retirement package through PARS for all existing Team Members hired prior to July 1, 2010. Full-time Team Members who retire from Rosemead after working 20 years for the City will have their pension formula enhanced to 3%@55, with the provision that the maximum pension allowance that Team Member's can accrue through PARS will be 90% of their final pay. The PARS retirement pension is limited to 90% of their final pay. Team Members must be at least 55 years of age to qualify for PARS. Effective July 1, 2010, the enhanced retirement package through PARS will no longer be offered to full-time new hires. The PARS enhancement will be phased out. SECTION 8: EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM For all full-time Team Members, the City will set-up and begin contributing into a deferred compensation account a percentage of the Team Member salary based on years of service. That funding formula will be as follows: • 0 - 4 Years: 1 % of salary contributed into a deferred compensation account. 5 - 9 Years: 2% of salary contributed to a deferred compensation account. 10 -14 Years: 3% of salary contributed to a deferred compensation account. 15 -19 Years: 4% of salary contributed to a deferred compensation account. 20+ Years: 5% of salary contributed to a deferred compensation account. $500 will be allocated into deferred compensation for the Assistant City Manager. Effective July 1, 2010, the employer funded deferred compensation program will be eliminated for all new full-time Team Members. ' SECTION 9: VACATION LEAVE All full-time Team Members will be entitled to a paid vacation of 100 hours (10 days) following one year of employment. Team Members may begin taking accrued vacation after six months of employment. From the second year of employment until completion of the thirteenth year, Team Members will be entitled to 140 (14 days) hours of paid vacation. Beginning with the fourteenth year, and every year thereafter, Team Members will be entitled to 160 hours (16 days) of vacation. SECTION 10: VACATION BUYBACK A full-time Team Member who takes 40 consecutive hours of vacation will be eligible to have the City buyback up to 80 hours of accumulated unused vacation time in conjunction with his/her vacation. SECTION 11: CITY-RECOGNIZED HOLIDAYS The following days shall be recognized and observed as paid holidays: 1. New Year's Day (January 1 st) 2. Martin Luther King's Birthday (the third Monday in January) 3. Presidents' Birthday (the third Monday in February) 4. Memorial Day (the last Monday in May) 5. Independence Day (July 4th) 6. Labor Day (the first Monday in September) 7. Veteran's Day (November 11th) 8. Thanksgiving Day 9. Christmas Day (December 25th) Non-essential City services and facilities will be closed from Christmas to New Year's Day. If the Team Member elects to take the non-holidays off, he/she will be required to utilize his/her own time. If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the following Monday. SECTION 12: FLOATING HOLIDAYS Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be used before the end of the calendar year or they will be forfeited. SECTION 13: ADMINISTRATIVE LEAVE On January 1, 2008, and every January 1 thereafter, Team Members will be allocated an allotment of 80 hours per year of administrative leave. Any Administrative Leave hours that have not been used by December 31 of a calendar year will be lost. However, any Team Member working in a position classified as management or executive management, and who has utilized or plans to utilize at least ''/z of their allocated Administrative Leave by December 31, will be offered the opportunity to sell back to the City any of their remaining Administrative Leave hours. Said sell back shall take place during the second pay period in December of each year and will be paid at the Team Members hourly rate at the time the administrative leave is sold back to the City. Furthermore, any Administrative Leave on the books for a terminating Team Member shall be paid out at the Team Member's hourly rate at the time of termination. For the purposes of participating in the City's Administrative Leave sell back program, those Team Members classified as management/executive management must have utilized at least 40 hours of Administrative Leave. SECTION 14: FLEXIBLE SCHEDULING Depending on a Team Member's area of assignment, an alternate work schedule may be arranged given Department Director approval. This could include the possibility of utilizing a flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement shall require approval of the City Manager. SECTION 15: SICK LEAVE A full-time Team Member who is incapacitated from the performance of such Team Members duties by reason of a non-service related illness or injury, pregnancy, legal requirements of public health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for sick leave. Amount Earned: All full-time, regular or probationary Team Members of the City shall accrue ten (10) hours of sick leave per month. Sick leave shall be earned, commencing on the first day of employment as a probationary Team Member, and accrued on a bi-weekly basis. Team Members may accumulate up to a maximum of 120 hours of sick leave with pay per year. A new Team Member cannot utilize sick leave within the first thirty (30) days of employment. Team Members retiring from the City may have the option to sell back sick leave to purchase up to one (1) additional year of service time from CaIPERS. Any other sick leave balance or if the Team Member leaves employment, voluntarily or involuntarily, will be forfeited. 2. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been accrued. 3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave provisions herein shall continue only during the period that the Team Member is employed by the City. All benefits hereunder shall terminate upon the Team Member leaving City service. A Team Member on military leave shall not be granted sick leave during the military leave period. Team Members are not eligible to utilize sick leave benefits within the first thirty (30) days of employment. Sick leave is not a leave which a Team Member may use at his/her discretion, but shall be allowed only in cases of actual sickness or disability which make it impossible or inadvisable for the Team Member to perform normal work assignments/functions. Sick leave may be utilized for dental or medical appointments, medical assessments and/or due to a serious illness in the immediate family. The City Manager/Department Head may deny or revoke sick leave if the incapacitation for which it is taken is caused or substantially aggravated by compensated outside employment. If a Team Member is absent from work for more than three (3) working days without notifying his/her direct supervisor or Department, the Team Member may be dismissed from City service for being absent without official leave. Any abuse of sick leave usage shall be grounds for disciplinary action up to and including dismissal. 4. Illness During Vacation Leave: Team Members who become ill while on approved vacation leave may request from his/her supervisor to have vacation time converted to sick leave. Verification of illness may be required prior to approval. 5. Notification to Supervisor: Any Team Member needing to be absent because of sickness or other physical disability shall notify the appropriate Department Director or immediate supervisor at least one (1) day prior to such absence if circumstances permit, or within one (1) hour before the start of his/her regular shift when prior notice cannot be given. 6. Sick Leave Authorized Due to Illness in Family: A Team Member shall be allowed sick leave due to serious illness in the immediate family. The definition of "family" defined under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a serious illness in the immediate family, a certificate of such illness and the need for the Team Member's,absence by the acceptable medical authority may be required by the Department Director. In such case, the Team Member must be able to produce a verifying certification upon request by management. Return to Work Following Illness: The Department Director may require a Team Member to submit to a medical and/or psychiatric examination by a physician designated by the City before permitting the Team Member to return to work after the Team Member has been on sick leave. If the results of any such examination indicate that the Team Member is unable to perform assigned duties, or if performance of those duties will expose others to infection, the Team Member shall be placed on sick leave, or leave without pay after all sick leave has been used, until adequate medical evidence is submitted that the Team Member is competent to perform assigned duties or will not subject others to the infection. 8. Medical Certificate Requirement: In order to be paid for time while absent from duty on sick leave, the Team Member must make every good faith effort to notify his/her immediate supervisor prior to the start of the Team Member's work day. The Department Director may request, for cause, a certificate issued by a licenses physician or other satisfactory proof of illness before sick leave is granted. The Department Director may also choose a licensed physician to conduct a physical examination at City expense. Any Team Member who makes application for sick leave may be required by either the Department Director or City Manager to file a certificate signed by a duly and regularly licensed physician authorized to practice medicine or may be required to submit a personal statement which states the Team Member was incapacitated from performing the duties of the position for each day that sick leave is requested. Authority shall also be given for the physician signing the certificate, to disclose to the City Manager or the Department Director, information relating to sick leave. Sick leave shall be granted when the application for sick leave is approved by the Department Director or the City Manager. 9. Transfer of Sick Leave: New Team Members may bring with them/transfer up to two hundred (200) hours of sick leave from their previous employer provided the previous employer did not otherwise compensate the Team Member for said hours. The new Team Member shall provide a letter or documentation from the previous employer verifying accrued but uncompensated hours. A Team Member shall not receive payment for unused accumulated sick leave upon dismissal of employment or retirement (either disability or regular). A Team Member may not use sick leave to extend a retirement (either disability or regular) or dismissal date. This prohibition shall not affect a Team Member's right to obtain sick leave credit with PERS. Any other balances or if a Team Member resigns or is dismissed will be forfeited. SECTION 16: BEREAVEMENT LEAVE In the event of the death of a member of a Team Member's immediate family (defined as spouse, parent, step-parent, grandparent, sibling, children, grandchildren, mother-in-law, father-in-law, sister-in-law, brother-in-law, registered domestic partner or child of a registered domestic partner), Team Members will be entitled to four (4) paid days off for bereavement leave per incident. SECTION 17: JURY LEAVE Team Members required to serve on a jury will be entitled to their regular compensation for up to 80 hours provided that fees for jury service are deposit with the finance department. SECTION 18: BILINGUAL PAY The City will offer a bilingual pay program for eligible Team Members who consistently utilize other languages to translate during the normal course of work. To qualify, Team Members must pass the test developed or utilized by the City for the following recognized languages: Spanish, Vietnamese, Cantonese, and/or Mandarin. A maximum of three (3) positions per language per site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites (RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three Team Members wish to apply for it, management will determine the top three (3) based upon positional need. Once certified, Team Members shall receive a bilingual stipend of $75 per month. Any Team Member who is not certified by the City shall not be required to use a language other than English. However, when a member of the public, requests assistance in a language other than English, our Team Members shall make a reasonable effort to accommodate and assist in a polite and professional manner. SECTION 19: SHORT-TERM DISABILITY The City will provide Team Members with a short-term disability plan to protect against cases where a non- work-related illness or injury is sustained which results in an inability to work for a short period of time. In these cases, Team Members will receive 66.67% of their base salary (1 year average of W-2) with a waiting period of 15 days. Team Members will receive continued payment until the Team Member is medically able to return to work, or has to begin utilizing long term disability, or until the Team Member reaches the age of 65, whichever comes first. The maximum short-term disability benefit amount will be $1848 per week. SECTION 20: LONG-TERM DISABILITY The City will provide Team Members with a long-term disability plan to protect against cases where a non- work-related illness or injury is sustained which results in an inability to work for a long period of time. In these cases, Team Members will receive 66.67% of their base salary with a 90 day waiting period. Team Member will receive continued payment until the Team Member is medically able to return to work, or until the Team Member reaches the age of 65, whichever comes first. The maximum long-term disability benefit amount will be $8,000 per month. SECTION 21: LIFE INSURANCE Team Members will receive an accidental death & dismemberment and life insurance policy of $100,000. SECTION 22: TUITION REIMBURSEMENT Subject to City Manager approval, Team Members may attend and be reimbursed for part or all of the costs of educational and other training courses (up to $5,000 per fiscal year) which provide a benefit to the City and provided there are budgeted funds for such approval by the City Council. During the budget process, money will be included annually for educational reimbursement. The educational/training courses must be job-related and Team Members must remain with the City for two (2) years after the completion of class or must refund the tuition paid to the City. Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. All Team Members with prior approval by the City Manager, may be reimbursed for registration, costs of books, tuition, lab fees and parking for classes or instruction, provided such classes or instruction are related to the Team Member's assigned duties with the City. Reimbursement will be made only after a Team Member has satisfactorily completed the class or workshop with the grade of C or better or equivalent completion and that evidence of same has been submitted and approved by the City Manager. In general, training time during working hours shall be considered part of the job. Unless the City directs a Team Member to attend a specific training course and the course is not available during work hours, training after hours shall be considered voluntary and no additional pay, overtime, or compensatory time shall be given by the City unless advance special written approval is granted. Study time shall be considered completely voluntary. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager/Assistant City Manager after review of the request and recommendations by the Department Director and/or Human Resources. SECTION 23: WELLNESS PROGRAM The City will suspend the wellness reimbursement program for FY 2010-2011. The City will revisit the wellness reimbursement program at $500 per year for FY 2011-2012 based upon the availability of funding. SECTION 24: COMPUTER PURCHASE PROGRAM The City provides a computer purchase program for all full-time Team Members. Full-time Team Members are eligible for this program after the completion of the probationary period. SECTION 25: EMPLOYEE ASSISTANCE PROGRAM The City will provide Team Members with access to the Employee Assistance Program (EAP). SECTION 26: FLEXIBLE BENEFIT PLAN (SECTION 125) The City will offer Team Members a flexible benefit plan which will allow individuals to pay for certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre-tax dollars. SECTION 27: DIRECT DEPOSIT Team Members will be provided with an option to authorize the automatic deposit of each paycheck into an individual's checking, savings or credit union account. Payroll checks will not be issued in advance. SECTION 28: AUTO ALLOWANCE Management Team Members may receive up to $500 per month based on business necessity. The Assistant City Manager may receive up to $800 per month or a city provided vehicle. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Rosemead on the 22nd day of June 22, 2010. Gary Taylor Mayor ATTEST: Gloria Molleda City Clerk APPROVE AS TO FORM: Joseph Montes City Attorney City of Rosemead Management Services Salary Ranges and Job Classifications Effective July 1, 2010 Administration Minimum Maximum Assistant City Manager $108,712 $147,081 Finance Minimum Maximum Director of Finance $98,488 $133,248 Community Development Director of Community Development $100,950 $136,579 Parks and Recreation Minimum Maximum Director of Parks and Recreation $100,950 $136,579 Public • Director of Public Works $96,085 $129,998