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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. i Res.. No. 63-013/Page 2 of 12 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. c 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. -2- L. Res-. No. 83-013/Page 3 of 12 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. -3- Res. No. $Ba-013/Page 4 of 12 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. -4- Res. No. 83-013/Page 5 of 12 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; -5- Res. No. 83-013/Page 6 of 12' 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. _6_ i i I 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. i 2. 2 Vacation Leave. The City shall provide employees with vacation leave subject to the following conditions: i 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; i 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: f -7- i 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. -8- Res. No. 83-013/Page 9 of 12 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. I 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. -9- 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. -10- E I 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. i I -11- Reso. No. 83-013/Page 12 of 12 i 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