HomeMy Public PortalAbout83-013 RESOLUTION NO. 83- 013 ,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARSON REVISING RESOLUTION 82-118,
AS AMENDED BY RESOLUTION 82-193, WHICH
ESTABLISHES BENEFITS FOR UNCLASSIFIED AND
EXCLUDED EMPLOYEES FOR FISCAL YEAR 1982-83.
THE CITY COUNCIL OF THE CITY OF CARSON HEREBY
RESOLVES AS FOLLOWS:
Section 1. Exhibit A to Resolution 82-118 is
amended to read as follows:
EXHIBIT A
BENEFITS OF EXCLUDED AND UNCLASSIFIED CLASSIFICATIONS
ARTICLE I
DEFINITION OF TERMS
The following terms, shall have the meanings set
forth in this article.
Section 1. Acting Duty: The performance of a '
temporary assignment by an employee in a classification with
a higher pay range than the employee's usual classification.
Section 2. Classification: A position or positions
assigned to the same job title.
Section 3. Day: A calendar day:
Section 4. Department Director: An individual assigned to any
of the following classifications: city administrator, director of comrnmiity
development, director of comrnnity safety, director of finance and administra-
tion, director of parks and recreation, director of personnel, director of
public works.
Section 5. Employee: An individual compensated
through the city payroll and appointed to one of the following
classifications:
Administrative Assistant to the City Administrator
Assistant City Administrator
City Administrator
Community Safety Director
Director of Finance and Administration
Director of Personnel
Secretary to the City Administrator
Section 6. Leave: An authorized absence from work.
Section 7. Position: The duties and responsibil-
ities assigned to an employee within a classification.
Section 8. Prevailing Pay Rate: The basic pay
rate within a pay range paid to an employee for the perfor-
mance of the duties of a classification.
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ARTICLE II
COMPENSATION
Section 1. General Pay Rate Ad 'ustment : Effective
July 3, 1982, the city shall adjust the plan of compensation
for the excluded and unclassified classifications, exclusive I
of the position of City Administrator, upward by six percent
(6 .00$) over the plan of compensation for fiscal year
1981-82. II
Section 2. Market Study: The City agrees to
review the Personnel Research Center survey results during
management organizational review. I
Section 3. Acting Pay: i
3.1 The city administrator may appoint an employee
to acting duty status to perform the duties of a vacated or
newly created classification. I
3. 2 An employee may serve in acting duty status
only until such time as the city administrator makes a
permanent appointment to the classification, or until such
time that the incumbent employee returns to work.
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3.3 An acting duty appointment may be effective
for a period of up to ninety (90) days except for unusual
circumstances as defined by the 'city administrator. The
city administrator may extend an acting appointment.
3.4 After satisfying the waiting period established
in subsection 3.6 , an employee appointed to acting duty
status shall be paid .a pay rate in the pay range for the
acting duty classification, and such acting duty pay rate
shall be at least five percent (5%) more than the employee's
prevailing pay rate immediately prior to acquiring acting
duty status. An employee shall not be paid more than the
maximum pay rate in the pay range for the acting duty
classification.
3.5 While serving 'in acting duty status, the
employee shall continue to receive any pay adjustments or
advancements granted to the employee's permanent classification.
3.6 An employee appointed to acting duty status
shall receive acting duty pay only after working for twenty-
four (24 ) consecutive working hours in the acting duty
classification.
A paid holiday shall be considered as the time
worked to fulfill the twenty-four hour qualifying period.
3.7 An employee has the right to refuse any
acting assignment in writing, with justification, as deter-
mined by the Director of Personnel.
3.8 An employee appointed to acting duty status
can discontinue the acting duty assignment by notifying the
immediate supervisor in writing two (2 ) days in advance of
the employee's intention to return to regular status.
3.9 An employee may be removed from acting duty
status for a legitimate reason, at any time.
3.10 If an employee in a subordinate classification
is appointed to acting duty status in a higher classification
and an employee in a superior classification is bypassed,
the employee in the superior classification may submit a
statement of exception to the appointing authority through
the Director of Personnel.
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3.11 Department policy for acting appointments
shall be consistent with these guidelines and on file in
the Personnel Department.
Section 4. Reimbursements: City agrees to
provide each excluded or unclassified employee, including
the city administrator, director of finance and administration,
and the director of personnel, with up to $600 in reimburse-
ments. Said reimbursements may be paid to the employee for
such expenditures as annual physical, eye care, books or
other educational materials, financial and legal consultation
fees. Payment will only be authorized by the city administrator
upon the presentation of appropriate proof of payment.
Section 5. Advancement:
5.1 Advancement shall mean a pay rate increase
given to an employee contingent upon merit, within the pay
range established for the employee's classification. An
employee's pay rate increase shall be effective the first
day of the payroll period closest to the day the employee is
granted the advancement.
5.2 In addition to those conditions provided for
in standard management procedures, employees shall be
eligible for advancement when the employee's length of
service in their classification satisfies at a minimum the
following requirements:
Pay Monthly Monthly Monthly Monthly Monthly Monthly
Range Rate Rate Rate Rate Rate Rate
Nos. A B C D E F
24A- Date of 6 mos. 12 mos. 24 mos. 36 mos. 48 mos.
90A Appoint- after after after after after
ment appt. appt. appt. appt. appt.
Section 6. Allowance for Mileage:
6.1 Except as otherwise provided in this section,
the City shall reimburse employees for use of their personal
automobiles for official city business at the rate of $.30
per mile.
6.2 The City shall reimburse department directors
for use of their personal automobiles for official city
business at the rate of two hundred fifty dollars ( $250.00)
per month.
ARTICLE III
INSURANCE AND RETIREMENT BENEFITS
Section 1. . Health Insurance Premium: Effective
August 1, 1982 , the City shall pay up to but not to exceed
the amount of two hundred twenty dollars ( $220.00) per month
for health insurance, provided by the City, for each employee
and eligible dependents.
Section 2. Dental insurance Premium: Effective
October 1 , 1982, the city shall pay up to but not to exceed
the amount of forty-two (42.00) per month for dental insurance,
provided by the City, for each employee and eligible
dependents.
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Section 3. Life Insurance Premium: The City
agrees to provide each employee with term life insurance
coverage of not less than one hundred thousand dollars
( $100 ,000 ) effective October 1 , 1982. An employee shall
have the right to purchase an_ additional one hundred thousand
dollars ($100 ,000 ) -term life insurance and use moneys
remaining from the sum originally provided by the City for
the employee's health insurance.
Section 4 . Long Term Disability Insurance Program:
The City shall pay the full cost of long term disability
insurance, provided by the City, for each employee. The
City agrees to provide a long term disability insurance
program which does not require employees to use all of
their accumulated sick leave before being eligible to
receive long -term disability benefits. Excluded and unclas-
sified employees agree that the long term disability insurance
program may require an employee to be substantially disabled
for thirty (30 ) days before the employee may receive long
term disability benefits. The City agrees that during such
thirty (30 ) day waiting period, at the employee' s discretion,
the employee may use any accumulated vacation leave, sick
leave, compensatory leave or personal leave in order to
continue to receive the employee's regular salary or the
employee may be on leave of absence without pay.
Section 5. Maintenance of Insurance Benefits:
The City agrees to maintain employee insurance benefits
comparable to those in effect as of June 30, 1982, for
health, dental , long term disability, and life insurance
until such time as the City implements the insurance benefit
programs provided for in this Article.
Section 6. Public Employees Retirement System
(PERS) Insurance:
6.1 The city shall include eligible employees in
the Public Employees Retirement System 2% at 60 plan and
specified optional public agency contract provisions.
6.2 The city shall, provide the following optional
contract provisions:
a. The optional contract provision relating
to one year final compensation;
b. The optional contract provision relating
to military service credit as public service;
C. The optional contract provision relating
to the 1959 survivors program;
d. The optional contract provision relating
to reduction of the employee's normal member contribution
from 3 .50% to 0.00% so long as the normal member contribution
as established by the Public Employees Retirement System
does not exceed 7 .00% of the employee' s salary. In the
event the amount of normal member contributions exceeds
7.00% of the employee's salary, the employee shall be
personally responsible for making any such additional member
contribution.
ARTICLE IV
SAFETY
Section 1. Safety Responsibilities:
1.1 The City and excluded and unclassified
employees agree to make a good faith effort to provide and
maintain a safe and healthful place of employment.
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1.2 The excluded and unclassified employees shall
encourage employees to perform their assigned duties safely
using the practices, means, methods, operations, and processes
prescribed by any law, occupational safety or health
standard, safety order, or safety rule and regulation.
Employees shall report any unsafe practices, equipment, or
hazardous conditions promptly to their immediate supervisor.
1.3 The City shall not require nor permit any
employee to go or be in any employment or place of employment
not reasonably safe and healthful.
1.4 The City shall not discipline any employee
for refusing to perform tasks in the performance of which
any law, occupational safety or health standard, or safety
order would be violated, and if such violation would create
a real or apparent hazard to the employee.
Section 2. Safety Devices and Safeguards : The
City shall furnish and the employee shall use safety devices
and safeguards. The City shall adopt and use practices,
means, methods, operations, and processes which are reasonably
adequate to render city employment safe and healthful .
ARTICLE V
CITY RIGHTS
Section 1. Exclusive City Rights and Authority:
1.1 In order to insure that the City is able to
carry out its functions and responsibilities imposed by law,
the City has . and will retain the exclusive right to manage
and direct the performance of city services and the work
farce performing such services. Therefore, the following
matters shall not be subject to the meet and confer process,
but shall be. within the exclusive authority of the City.
The consideration of the merits, necessity, or organization
of any service or activity conducted by the City shall
include but not be limited to the City's right to:
a. Determine issues of public policy;
b. Determine and change the facilities,
methods, means, and personnel by which city operations are
to be conducted;
C. Expand or diminish services;
d. Determine and change the number of
locations, relocations, and types of operations and the
processes and materials to be employed in carrying out all
City functions, including but not limited to the right to
subcontract any work or operation;
e. Determine the size and composition of the
work force, to assign work to employees in accordance with
requirements as determined by the City, and to establish and
change work assignments;
f. Determine job classifiations;
g. Appoint, transfer, promote, demote, and
lay off employees for lack of work or other appropriate
reasons;
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h. Initiate disciplinary action for a
legitimate reason;
i. Determine policies, procedures, and
standards for selection, training, and promotion of employees;
j . Establish employee performance standards,
including but not limited to quality and quantity standards;
k. Maintain the efficiency of governmental
operations;
1. Exercise complete control and discretion
over its organization, and the technology of performing its
work and services;
M. Establish reasonable work and safety
rules and regulations in order to maintain the efficiency
and economy desirable in the performance of city services;
n. Determine any and all necessary actions
to carry out its missions in emergencies.
1.2 The exclusive decision making authority of
the City Council and city administrator on matters involving
city rights and authority shall not be in any way, directly
or indirectly, subject to the grievance procedure. The
employee may grieve the impact of the exercise of exclusive
city rights and authority that directly relate to matters
within the scope of representation.
Section 2. Concerted Refusal to Work:
2.1 If an employee participates in any manner in
any strike, work stoppage, slowdown, sick-in or other
concerted refusal to work or participates in any manner in
any picketing or impediment to work in support of any such
strike, work stoppage, slowdown, sick-in or other concerted
refusal to work or induces other employees of the City to
engage in such activities, such employee shall be subject to
discharge by the City.
2.2 In the event excluded or unclassified employee
calls, engages in, encourages, assists, or condones in any
manner, any strike, work stoppage, slowdown, sick-in or
other concerted refusal to work by employees of the City or
any picketing or work impediment in support thereof, or any
other form of interference with or limitation of the peaceful
performance of city services, the City, in addition to any
other lawful remedies or disciplinary actions available to
it, may suspend any and all of the rights and privileges
accorded excluded and unclassified employees under any
ordinance, resolution, or rules and procedures of the
City.
2.3 The City agrees not to lock-out employees.
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Res.'No. 83-013/Page 7 of 12
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 1. Department Directors: The authority
of the City to institute disciplinary action against the
department directors and the rights of the department
directors with. respect to such disciplinary action shall be
governed by the provisions of Ordinance No. 78-445 of the
City amending the Carson Municipal Code, Chapter 9 , Article
II, Section 2903.
Section 2. Leaves, Holidays and Benefits:
2.1 Court. Service. Employees summoned to any
court to perform jury service, or to provide testimony
regarding events observed in the course and scope of their
employment, or as directed by the City Council ' s designee,
shall be paid their prevailing pay rate during such court
service.
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2. 2 Vacation Leave. The City shall provide
employees with vacation leave subject to the following
conditions:
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a. The city administrator has the exclusive
authority to assign vacation leave to an employee. Unless
the employee's use of vacation leave interferes with depart-
mental operations, the city administrator shall permit
employees to use vacation leave at the employee's discretion.
b. Employees shall be credited with vacation
leave at the following rates: I
i. Eight (8 ) hours for each month of
service or major portion thereof from the date of appointment;
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ii. Ten (10 ) hours for each month of
service or major portion thereof upon commencement of the
employee's sixth year of service; and
iii. Thirteen and thirty three hundredths
(13.33) hours for each month of service or major portion
thereof upon commencement of the employee's eleventh year
of service.
c. Employees shall not be credited with
vacation leave for leaves of absence without pay exceeding
eighty (80 ) working hours in any calendar month.
d. Employees may use vacation leave only
after .completing their initial six (6 ) months of service.
Employees shall not use less than one (1 ) hour of vacation
leave at any one time.
e. Employees may carry over to the next
calendar year up to three hundred sixty (360 ) hours of
vacation leave. All vacation leave accrued in excess of
three hundred sixty (360 ) hours shall be used within the
calendar year in which the employee accrued such excess
vacation leave.
2.3 Holiday Leave. The City shall provide
employees with the following holidays with pay subject to
the following conditions:
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Res. No'. 83-013/Page 8 of 12
a. January 1st;
The third Monday in February;
The last Monday in May;
July 4th;
The first Monday in September;
November 11;
Thanksgiving Day;
The Friday following Thanksgiving Day;
December 25th;
Three (3 ) floating holidays;
Every day proclaimed by the President,
Governor, or Mayor of this city as a
public holiday.
b. When any day granted as a holiday falls
on a Saturday or a Sunday, the preceding Friday or following
Monday respectively shall be considered the holiday. In
order to be paid for a holiday, the employee must work the
scheduled work period immediately before the holiday unless
the employee is absent from the scheduled work period
immediately before a holiday on authorized paid leave.
c. In the event that the mayor or the city
council declares a portion of the day before Christmas
(December 24th) or a portion of the day before New Year's
Day (December 31st) to be a holiday, the employee must use
such additional holiday leave when granted, and such leave
cannot be accrued. Employees absent on other paid leave
when such additional holiday leave is granted shall not
receive compensatory leave or additional pay because of
their absence.
d. Floating holiday leave shall be provided
to employees subject to the following conditions:
i. The employee's immediate supervisor
has the exclusive authority to approve floating holiday
leave. Unless the employee's use of floating holiday leave
interferes. with departmental operations, the employee's
immediate supervisor shall permit employees to use floating
holiday leave at the employee's discretion. j
ii. Employees shall not use less than I
one (1 ) hour of floating holiday leave at any one time.
iii. Employees are encouraged to use
floating holiday. leave during the fiscal year. However,
floating holiday leave shall be converted to vacation leave
if not used by the end of the fiscal year.
iv. When. an employee separates from the
city service for any reason, the city shall compensate the
employee for any floating holiday leave not taken based on
the date of the floating holiday and the employee' s separation
date. Employees will not be compensated for floating
holidays occurring after their separation date.
v. New employees will be credited with
floating holiday leave based on their date of hire. No
floating holiday leave credit will be granted for floating
holidays which occurred prior to their date of hire.
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2. 4 Administrative Leave. The city shall provide
specified excluded and unclassified employees with administrative
leave as time off from work, instead of pay or compensatory leave
credit for overtime work, subject to the following conditions:
a. The department directors and city administrator
shall be credited with sixteen (16) hours of administrative leave
per month; the Assistant City Administrator and the Administrative
Assistant to the City Administrator shall be credited with eight
(8) hours of administrative leave per month. An employee may
carry over to the next calendar year up to forty-eight (48)
hours of administrative leave. All administrative leave
accrued iri excess of forty-eight (48) hours shall be used
within the. month in which the employee accrued such excess
administrative leave.
b. An employee shall use administrative
leave only upon written approval of his or her immediate
supervisor.
c. When an employee separates from the city
service for any reason, the city shall compensate him/her
for any accrued administrative leave up to forty-eight (48)
Hours. The value of accrued administrative leave shall be
calculated using the employee's prevailing pay rate on the
date of his/her separation from city service.
2.5 Work Disability Leave. The. city shall
provide excluded and unclassified employees with work
related disability leave subject to the following conditions:
a. Except as otherwise provided, employees
_ substantially disabled by bodily injury or sickness in the
course and scope of employment shall be paid their regular
pay rate for up to twenty-six (26 ) weeks from the date of
disability, or until the city' s workers compensation insurance
carrier terminates temporary disability either by means of a
lump sum settlement or a retirement with pension, whichever
event occurs first.
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b. When an employee receives workers compensa-
tion payments, the city shall pay the employee only the
difference between such workers' compensation payments and
the employee's regular pay rate. During the time the
employee is substantially disabled, the employee shall
continue to accrue vacation leave, sick leave, personal
leave, administrative leave, and seniority for purposes of
pay adjustments or advancements.
2.6 Long Term Disability Leave. The city shall
provide excluded and unclassified employees with long term
disability leave subject to the following conditions:
a. Employees substantially disabled by
bodily injury or sickness outside the course and scope of
employment and employees still substantially disabled after
twenty-six (26) weeks of work disability leave are eligible
for long term disability leave.
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Res. `:No. 83-013/Page 10 of 12
b. After a thirty (30 ) day waiting period of
substantial disability, the employee is eligible to receive
a monthly disability income, reduced by any deductible
benefits, as specified in the city' s long term disability
insurance program.
C. Pregnant employees shall be eligible for
long term disability leave subject to the same terms and
conditions as any other employee substantially disabled by
bodily injury or sickness outside the course and scope of
employment.
2.7 Military Leave. The city shall grant military
leave to unclassified and excluded employees as provided in
California Military and Veterans Code Sections 389 through
395-4 . Employees on ordered military leave shall be paid
their regular pay rate in addition to their military pay.
2.8 Leave of Absence Without Pay. The appointing
authority has the exclusive authority to approve an employee's
request for a leave of absence from work, without pay. Such
leave- of absence shall not be approved unless the employee
provides the appointing authority with a written reason for
the request. If the appointing authority approves such
leave of absence for a period of ten (10) . working days or
less, the employee shall not lose any seniority for such
leave of absence. After the expiration of an approved leave
of absence without pay, employees shall be reassigned to
their former classification.
2.9 Time Off for Voting. The city shall provide
employees with time off for voting subject to the following
conditions:
a. When an employee claims not to have
sufficient time outside of working hours to vote at a
statewide election, the employee may, without loss of pay,
with the approval of the director of personnel, take off
enough working hours which when added to the voting hours
available outside of working hours will enable the employee
to vote. The director of personnel may not authorize an
employee to take off more than two (2 ) hours from work for
voting with pay. The time off authorized for voting shall
be only at the beginning or end of a work period, whichever
allows the employee the most time for voting and the least
time off from work.
b. If the employee knows or has reason to
believe that time off for voting will be necessary on
election day, the employee shall notify the director of
personnel of that fact at least two (2 ) work periods in
advance. At least ten (10) days before every statewide
election, the director of personnel shall post the provisions
of this section conspicuously at the civic center or elsewhere
so that the notice may seen as employees come or go to
their place of work.
Section 3. Legal Counsel: The city agrees to
investigate the availability of legal counsel for the EEE
excluded and unclassified employees- and to provide same, if
available, in matters in which an employee must provide a
legal defense for job related matters other than a grievance.
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Res. No. 83-013/P.age 11 of 12
Section 4 . Establishment of Benefits for Fiscal
Year 1983-84: The city and excluded employees agree to meet
during .February, 1983 with the intention that such sessions
may result in the establishment of benefits for 1983-84 on
or before April 1 , 1983.
ARTICLE VII
MODIFICATION AND DURATION
Section 1. Modification and Waiver. This resolution
contains all the terms, covenants, stipulations, and agreements
of employment between the parties and supersedes all prior
resolutions and practices. The City's Personnel Rules do
not apply to persons covered by this Resolution. Except as
provided in Article V, Section 1 of this Resolution and
subject to the provisions of the City's Municipal Code, the
City and the persons covered by this Resolution may, upon
mutual agreement, meet and discuss any subject or matter
covered by this Resolution.
Section 2. Severability. In the event that any
article, section, or subsection of this Resolution shall be
declared invalid by any court or any state or federal law or
regulation, or should a decision by any court or any state
or federal law or regulation diminish the benefits provided
by this Resolution, or impose additional obligations on the
city, the city and the excluded and unclassified employees
shall discuss the affected article, section, or subsection.
In such event, all other articles, sections or subsections
of this Resolution not affected shall continue in full
force and effect.
Section 3. Duration:
3.1 This Resolution shall be binding on the city
and the excluded and unclassified employees when adopted by
City Council.
3.2 Except— as otherwise provided herein, this
Resolution shall be in. full force and effect from the 1st
day of July., 1982, and shall remain in full force and effect
up to and including the 30th day of June, 1983.
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PASSED, APPROVED, AND ADOPTED this 17th day of January, 1983.
'a J
MAYOR
ATTEST:
CITY CLERK 'l.�
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California,
do hereby certify that the whole number of members of the City Council of said
City is five; that the foregoing resolution, being Resolution No. 83-013 was
duly and regularly adopted by the City Council of said City at a regular meeting
of said Council, duly and regularly held on the 17th day of January, 1983, and that
the same was so passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Bridgers, Calas, Egan, Muise and Mills
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of Carso , California