HomeMy Public PortalAbout10-077RESOLUTION NO. 10 -077
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARSON, CALIFORNIA,
ESTABLISHING THE SALARY AND BENEFITS
FOR UNCLASSIFIED MANAGEMENT EMPLOYEES
JULY 1, 2010 - JUNE 30, 2011
ADOPTED JULY 21, 2010
THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
ARTICLE I
DEFINITION OF TERMS
The following terms shall have the meanings set forth in this article.
SECTION 1 - ACTING DUTY:
The performance of the duties by an employee of a classification with a higher pay
range than the employee's usual classification. This assignment is on a temporary
basis.
SECTION 2 - CLASSIFICATION:
A position or positions assigned to the same job title.
SECTION 3 - DAY:
A calendar day.
SECTION 4 - UNCLASSIFIED EMPLOYEE:
An individual compensated through the City payroll and appointed to one of the
following classifications:
City Manager
Administrative Services General Manager
Development Services General Manager
Economic Development General Manager
Public Services General Manager
City Engineer
Finance Officer
Human Resources Officer
Planning Officer
SECTION 5 - LEAVE:
An authorized leave of absence from work.
SECTION 6 - POSITION:
The duties and responsibilities assigned to an employee within a classification.
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SECTION 7 - PREVAILING PAY RATE:
The basic pay rate within a pay range paid to an employee for the performance of the
duties of the classification.
SECTION 8 - EMPLOYEE:
An individual performing the duties and responsibilities of the job titles listed in Section 4
of this Article.
SECTION 9 - WORKDAY:
A workday is any 24 -hour period within a seven consecutive day (168 -hour) workweek.
SECTION 10 - WORKWEEK:
A workweek is a fixed and regularly recurring period of 168 hours - seven consecutive
24 -hour periods (workdays) - which begins at 12:01 a.m. on Saturday and ends at 12:00
a.m. on Friday.
SECTION 11 - WORK SCHEDULE:
A work schedule is a 40 -hour per week schedule consisting of:
11.1 Eight (8) hours in a workday for five (5) consecutive workdays within a workweek;
or
11.2 Ten (10) hours in a workday for four (4) consecutive workdays within a
workweek.
ARTICLE II
COMPENSATION
SECTION 1 - SALARY RANGE ADJUSTMENTS OF UNCLASSIFIED MANAGEMENT
EMPLOYEES & FURLOUGH DAYS:
1.1 FY 2010/11: No COLA.
1.2 General Managers' pay ranges shall be assigned and maintained at a range that
is at least 20% higher than the range assigned to their highest paid subordinate
or manager.
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1.3 Pursuant to Code of Federal Regulations, Title 29, Section 541.710, during the
2010/11 fiscal year, which commences on July 1, 2010, and concludes on June
30, 2011, Unclassified Management employees acknowledge and agree to be
"furloughed" and will not receive pay for a minimum of twelve (12) furlough days.
The date of each furlough day shall be determined by City's City Manager within
forty -five (45) days of the Effective Date of this resolution.
SECTION 2 — LONGEVITY PAY:
2.1 The City agrees to pay Unclassified Management employees 2'/2% of their
prevailing pay rate as longevity pay commencing after they have attained fifteen
(15) years service credit.
2.2 The City agrees to pay Unclassified Management employees an additional 2'A%
of their prevailing pay rate as longevity pay commencing after they have attained
twenty (20) years service credit.
2.3 The City agrees to pay Unclassified Management employees an additional 21A%
of their prevailing pay rate as longevity pay commencing after they have attained
thirty (30) years service credit.
SECTION 3 - CITY MANAGER PROVISIONS:
All provisions of this resolution apply to the City Manager with the exception of
automobile allowance which is contained in a separate contract for the City Manager.
SECTION 4 - ACTING DUTY PAY:
4.1 The City Manager, or his /her designee, may appoint an employee to acting duty
status to perform the duties of a higher classification that is vacant, either
permanently or temporarily, or newly created, subject to numbers 4.2 through
4.19 below.
4.2 An employee may serve in acting duty status only until such time as the City
Manager, or his /her designee, makes a regular appointment to the classification
or until such time that the incumbent employee returns to work. Only employees
in good standing, e.g. not currently rated unsatisfactory, not currently on a work
improvement plan, or not currently having disciplinary action pending or in effect,
may be appointed to acting duty.
4.3 An acting duty appointment may be effective for a period of up to thirty (30) days,
except for special circumstances as defined by the City Manager, or his /her
designee. The City Manager, or his /her designee, may extend an acting duty
appointment, at their sole discretion. Special circumstances include, but are not
limited to, needing required licenses, certificates, or degrees, or needing certain
training or abilities.
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4.4 An employee appointed to acting duty status shall be paid a rate not Tess than
the minimum pay range for the acting classification. Acting duty pay shall be at
least 10% more than the employee's prevailing pay rate.
4.5 An employee appointed to acting duty status shall not be paid more than the
maximum pay rate in the pay range for the acting duty classification.
4.6 While serving in acting duty status an employee shall continue to receive any pay
adjustments, advancements and fringe benefit increases granted to the
employee's regular classification. These adjustments or advancements may
cause an employee's acting duty pay rate to increase correspondingly, if still
under the maximum acting pay rate noted in subsection 5 of this section.
4.7 An employee appointed to acting duty status shall receive acting duty pay
immediately upon assuming the acting duty position, provided the assignment is
for at least one scheduled work week (40 consecutive work hours).
4.8 An employee has the right to refuse or discontinue any acting duty assignment
with 72 -hours written notice to the employee's General Manager with a "cc" copy
to the Human Resources Manager.
4.9 An employee may be removed from any acting duty assignment for any reason,
as determined by the City Manager, or his /her designee.
4.10 An employee may be appointed to an acting duty assignment while serving in
their initial probationary period in the City service, at the discretion of the City
Manager, or his /her designee.
4.11 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 City Manager, or his /her designee. This sub - section will not apply if an
employment eligibility list as noted in subsection 15 of this section was properly
utilized as the list from which the subordinate employee was chosen.
4.12 Employees that are appointed to acting duty in positions that are FLSA exempt
from overtime, will not be subject to those provisions provided by the FLSA and
will receive overtime compensation.
4.13 An employee in an acting duty appointment for 90 days or longer, shall receive
leave and holiday pay at the acting rate for all such subsequent leaves and
holidays that fall after the 90th day, provided that the position is not backfilled with
another acting appointment.
4.14 The City shall not employ temporary or contract employees in any vacant or
newly created budgeted position or for a temporary assignment where an acting
appointment could be offered to a full -time employee.
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4.15 The City shall continue a citywide policy of rotating acting duty appointments,
based on the following order: 1) from the current employment eligibility list, 2)
from a list of employees, within the respective division, in the immediately
subordinate classification(s) of the vacant position, ranked by seniority, as
defined by time in the classification(s), 3) from a list of employees, within the
respective work group, in the immediately subordinate classification(s) of the
vacant position, ranked by seniority, as defined by time in the classification(s), 4)
from a list of employees, from outside the respective work group, in the
immediately subordinate classification(s) of the vacant position, ranked by
seniority, as defined by time in the classification(s). An acting appointment from
outside the work group can only be made upon the approval of the General
Managers of the two affected work groups. The rotation of acting appointments
should be used for all periods exceeding thirty (30) calendar days, unless
extended by the City Manager or his /her designee. Upon completion of the acting
assignment, the employee will be placed at the bottom of the acting rotation list.
For an employee that was previously not eligible for acting duty but subsequently
becomes eligible, their name will be added to the rotation list in seniority order.
Copies of acting duty rotation lists should be provided to both Human Resources
and Payroll.
4.16 An employee on an acting duty rotation list may only be by- passed by receipt of
written memorandum from the employee's General Manager to the employee
stating the reasons for omission from this round of acting duty. Such notice shall
be provided within one week. The memo shall state whether the employee is
being placed on the bottom of the list i.e. to gain more experience, etc. or
whether they are being left at the top of the rotating list for the next available
acting assignment i.e. a shorter term acting assignment. An employee may not
be removed from an acting duty eligibility list without their written permission.
4.17 When an employee is appointed to an acting position, his regular position will not
be automatically filled by a subordinate employee in an acting capacity
(cascading acting) unless the anticipated work load in that unit will be sufficient to
warrant this action. This decision will be made in consultation with the division's
supervisors, manager and the work group's General Manager.
4.18 The "Notification of Acting Appointment" form (Form 1201/1099), must be
completed and authorized by both the City Manager, or his /her designee, and the
Human Resources Officer prior to the first day of the acting assignment, unless
unforeseen circumstances occur which prevent such completion.
4.19 Although employees may be given the opportunity to accept an acting duty
assignment, the placement in acting duty assignments will not negate the need to
meet the required minimum qualifications of the position during the recruitment
process for that position.
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SECTION 5 — PROFESSIONAL DEVELOPMENT PAY:
The City agrees to provide each Unclassified Management employee, within the first
quarter of each fiscal year, the sum of eight hundred dollars ($800.00) for
reimbursement in anticipation of expenditures for professional development. Such
expenditures may include: costs incurred for job - related classes or seminars not paid
for by the City; computer equipment and job - related software; books, reference
publications or other educational materials; membership or association fees; or any
other expenses which promote the professional development of the Unclassified
Management employee and promote the best interests of the City.
SECTION 6 - SALARY ADVANCEMENT:
6.1 Advancement shall mean a pay rate increase given to an Unclassified
Management employee contingent upon merit and performance, within the pay
range established for the Unclassified Management employee's classification.
An Unclassified Management employee's pay rate increase shall be effective the
first day of the payroll period closest to the date the Unclassified Management
employee is granted the advancement.
6.2 In addition to those conditions provided for in standard management procedures,
Unclassified Management employees shall be eligible for advancement when the
Unclassified Management employee's length of satisfactory service in their
classification satisfies at a minimum the following requirements:
Monthly Monthly Monthly Monthly Monthly Monthly
Rate Rate Rate Rate Rate Rate
Step A Step B Step C Step D Step E Step F
Date of 6 mos. 12 mos. after at after at after at
appoint- after after least 12 least 12 least 12
ment appt. appt. months in months in months in
Step C Step D Step E
6.3 The City Manager has the sole discretion to authorize salary advancements of
Unclassified Management employees.
SECTION 7 - AUTO ALLOWANCE:
7.1 Effective July 1, 2010, the City shall reimburse General Manager's for use of their
personal automobiles for official City business at the rate of six hundred dollars
($600.00) per month. Effective July 1, 2010, the City shall reimburse the City
Engineer, Finance Officer, Human Resources Officer and Planning Officer for
use of their personal automobiles for official City business at the rate of five
hundred dollars ($500.00) per month.
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7.2 Effective August 1, 2010, the City shall reimburse General Manager's for use of
their personal automobiles for official City business at the rate of five hundred
dollars ($500.00) per month. Effective August 1, 2010, the City shall reimburse
the City Engineer, Finance Officer, Human Resources Officer and Planning
Officer for use of their personal automobiles for official City business at the rate
of four hundred dollars ($400.00) per month.
SECTION 8 - REDEMPTION OF ACCUMULATED LEAVE:
8.1 During the 2010/11 fiscal year, Unclassified Management employees agree not
to be entitled to redeem for cash accrued leave(s); provided, however, that any
leave accrued during the 2010/11 fiscal year will continue to accumulate and, if
necessary, maximum accrual caps will be waived by City during the period(s) of
the suspension of leave redemptions. During the 2011/12 fiscal year,
Unclassified Management employees may redeem any accumulated leave in
each calendar year of this resolution up to the hours indicated in 8.2, 8.3 and 8.4
of this Section. Sick leave shall be redeemed at a rate of one (1) hour of pay for
each two (2) hours of sick leave redeemed. All other types of leave shall be
redeemed at a rate of one (1) hour of pay for each one (1) hour of leave
redeemed.
8.2 The City Manager may redeem up to one hundred eighty (180) hours of any
accumulated leave in each calendar year as described in 8.1 above.
8.3 The General Managers may redeem up to one hundred twenty (120) hours of
any accumulated leave in each calendar year as described in 8.1 above.
8.4 The City Engineer, Finance Officer, Human Resources Officer and Planning
Officer may redeem up to one hundred (100) hours of any accumulated leave in
each calendar year as described in 8.1 above.
SECTION 9 - REDEVELOPMENT AGENCY MEETING PAY:
The City shall pay thirty dollars ($30.00) for attendance at each adjourned or special
Redevelopment Agency meeting to all persons required to attend such meetings.
SECTION 10 - PAYDAY AND PAYCHECK DISTRIBUTION:
10.1 Payday shall be bi- weekly on Thursday.
10.2 Paychecks shall be dated and distributed bi- weekly on the Thursday payday.
10.3 If any pay date falls on a holiday, the pay date shall be the preceding
Wednesday.
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SECTION 11 - OVERPAYMENT REMEDY:
Unclassified Management employees covered herein shall reimburse the City for any
overpayment of wages or benefits. Unclassified Management employees shall notify
the City within the next available working day of any such overpayment. Said
reimbursement shall not be required until the City notifies the affected Unclassified
Management employee in writing. Reimbursement may be accomplished by lump -sum
deduction made on the next subsequent employee payroll warrant following
overpayment notification, or by other reasonable repayment method acceptable to the
Unclassified Management employee and the City, except that the lump -sum deduction
shall be required if the next subsequent employee payroll warrant is the final or
termination warrant issued to the affected Unclassified Management employee. The
Human Resources Department shall not unreasonably withhold approval of payroll
deductions to recover the overpayment.
SECTION 12 - RELOCATION REIMBURSEMENT
The City agrees to provide relocation reimbursement to Unclassified Management
employees. Relocation shall apply to reasonable moving costs related to acceptance of
employment with the City of Carson. Such costs, not to exceed $2,500.00, shall be
payable within six months of appointment.
ARTICLE III
INSURANCE AND RETIREMENT BENEFITS
SECTION 1 - HEALTH INSURANCE PREMIUM:
1.1
Effective July 1, 2010, the City shall pay up to, but not exceed, the total amount
of one thousand, one hundred and ten dollars ($1,110.00) per month for health
insurance provided by the City for each Unclassified Management employee and
his /her eligible dependents, with a cafeteria cap on the use of excess monies of
one hundred fifty -five dollars ($155.00) per month for employee -only coverage
and one hundred and forty -four dollars ($144.00) per month for employee -plus
one coverage.
1.2 Unclassified Management employees may elect to discontinue or not elect health
insurance coverage provided that they submit written proof of equivalent health
insurance coverage. Unclassified Management employees electing to
discontinue or not electing health insurance coverage shall receive either 75% of
the amount previously paid on the premium or 75% of the lowest 2 -party
premium, whichever is greater, to be put into a City- sponsored deferred
compensation plan credited to the Unclassified Management employee.
1.3 Unclassified Management employees shall have the right to use monies
remaining from the monthly sum originally provided for health insurance to
purchase additional term life insurance, vision care and /or long term care
insurance offered by the City.
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SECTION 2 - DENTAL INSURANCE PREMIUM:
2.1 The City shall pay up to, but not to exceed the amount of $87.00 per month for
dental insurance premium provided by the City for each Unclassified
Management employee and his /her eligible dependents.
2.2 Unclassified Management employees may elect to discontinue or not enroll for
dental insurance provided that they submit written proof of equivalent coverage.
Unclassified Management employees electing to discontinue or not enroll for
dental insurance shall receive 75 %, or $65.25, to be placed into a City- sponsored
deferred compensation plan credited to the Unclassified Management employee.
SECTION 3 - LIFE INSURANCE PREMIUM:
3.1 The City shall provide the City Manager with term life insurance coverage of not
less than two hundred fifty thousand dollars ($250,000.00) after an evidence of
insurability (EOI) form is submitted and approved by the City's life insurance
carrier; if the EOI form is not submitted, $110,000.00 is the maximum coverage
and is subject to any age reduction schedules mandated by the insurance
company.
3.2 The City shall provide the General Managers with term life insurance coverage of
not Tess than two hundred thousand dollars ($200,000.00) after an evidence of
insurability (EOI) form is submitted and approved by the City's life insurance
carrier; if the EOI form is not submitted, $110,000.00 is the maximum coverage
and is subject to any age reduction schedules mandated by the insurance
company.
3.3 The City shall provide the City Engineer, Finance Officer, Human Resources
Officer and Planning Officer with term life insurance coverage of not less than
one hundred fifty thousand dollars ($150,000.00) after an evidence of insurability
(EOI) form is submitted and approved by the City's life insurance carrier; if the
EOI form is not submitted, $110,000.00 is the maximum coverage and is subject
to any age reduction schedules mandated by the insurance company.
3.4 Unclassified Management employees shall have the right to purchase additional
(supplemental) term life insurance through the City- sponsored programs using
monies remaining from the monthly sum originally provided by the City for the
employees' health insurance, or, if none, by paying the additional premiums
themselves through payroll deduction. The maximum additional (supplemental)
term life insurance an Unclassified Management employee may purchase is up
to the basic minimums listed above for each classification, provided the EOI form
is submitted and approved by the City's life insurance carrier. Otherwise, the
maximum additional term life insurance (supplemental insurance) an Unclassified
Management employee may purchase is $110,000.00.
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SECTION 4 - LONG TERM DISABILITY INSURANCE PROGRAM:
4.1 The City shall provide long term disability insurance (or "LTD ") benefits for the
Unclassified Management employees as follows:
a. The City shall provide an LTD insurance plan for the Unclassified
Management employees under the terms, requirements and conditions set
forth in the policy underwritten by Standard Insurance.
4.2 The City shall provide short term disability insurance (or "STD ") benefits for the
Unclassified Management employees as follows:
a. Solely in order to provide a maximum 60 -day waiting period, the City shall
provide a STD insurance plan for the Unclassified Management
employees under the terms, requirements and conditions set forth in the
policy underwritten by Standard Insurance. Nothing herein shall bind the
City to provide STD insurance coverage if an alternate LTD policy is
available at a cost that is acceptable to the City with a 60 -day waiting
period.
4.3 After a maximum of a 60 -day waiting period:
a. An Unclassified Management employee who has been employed with the
City for five (5) or more years, and who is disabled from his or her own
occupation, shall be entitled to sixty -six and two- thirds percent (66% %) of
his or her base pay rate to a maximum pay rate of seven thousand five
hundred dollars ($7,500.00) per month at the commencement of disability
leave up to age sixty -five (65); and
b. An Unclassified Management employee who has been employed with the
City for fewer than five (5) years and who is disabled from his or her own
occupation shall be entitled to sixty -six and two- thirds percent (66% %) of
his or her base pay rate to a maximum pay rate of seven thousand five
hundred dollars ($7,500.00) per month at the commencement of disability
leave for twenty -four (24) months. An Unclassified Management
employee who has been employed with the City for fewer than five (5)
years and who is disabled from all occupations shall be entitled to sixty -six
and two- thirds percent (66% %) of his /her base pay rate to a maximum pay
rate of seven thousand five hundred dollars ($7,500.00) per month at the
commencement of disability leave up to age sixty -five (65).
c. There shall be no reduction of LTD or STD benefits for a workers'
compensation award.
d. There shall be no exclusion for "soft tissue injuries ", including but not
limited to musculoskeletal and connective tissue disorders, strains and
sprains of the cervical, thoracic and lumbosacral spine.
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e. The only allowable offsets are those listed in the Standard Insurance LTD
and STD policies.
4.4 The provision of the Standard Insurance LTD Plan and the Standard Insurance
STD Plan is conditioned upon the following:
a. The continued availability of insurance coverage for LTD and /or STD at a
comparable cost as set forth in the LTD and STD policies, subject only to
increases in premium not to exceed applicable increases in the consumer
price index for each year for the LTD and STD Plans underwritten by
Standard Insurance or other insurance carrier.
b. Eligibility for and administration of benefits under the Standard Insurance
STD Plan and the Standard Insurance LTD Plan and including the
determination whether an Unclassified Management employee is disabled
from his or her own occupation, shall be determined by Standard
Insurance, not by the City.
c. Eligibility for and administration of benefits for existing LTD claimants,
including the determination whether an Unclassified Management
employee is disabled from his or her own occupation, shall be determined
by the City after consultation with Standard Insurance.
4.5 Except as to the existing LTD claimants discussed in 4.1b, above, the City is not
required to provide LTD and /or STD coverage or benefits on a self- funded basis,
now or in the future. The City reserves the right to change the LTD carrier and /or
LTD benefits provided, on such terms as the City determines are in its best
interests.
4.6 For injuries and other disabilities covered under California workers'
compensation laws, Unclassified Management employees shall be paid their
regular pay rate for up to seventeen (17) weeks from the date of such disability
( "workers' compensation leave ") or until the City's workers' compensation
administrator terminates workers' compensation leave either due to payment of a
"compromise and release" settlement, a disability and /or service retirement, the
Unclassified Management employee returns to work, or a refusal by the
Unclassified Management employee to return to work following a determination
by a physician that the Unclassified Management employee is no longer
temporarily disabled, whichever comes first. In the event of a dispute between
the treating physician and another physician as to the Unclassified Management
employee's temporary disability status, such dispute shall be resolved in
accordance with applicable California Workers' Compensation laws. If an
Unclassified Management employee is approved for workers' compensation
leave, the Unclassified Management employee shall not be eligible for STD or
LTD benefits during the period of such workers' compensation leave. LTD
eligibility for Unclassified Management employees who are still disabled after
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seventeen (17) weeks shall be determined by the terms of the LTD insurance
plan described in section 4.1, above.
4.7 Unclassified Management employees may use annual leave, administrative
leave or sick leave for the additional one -third (1/3) of his or her salary while on
long term disability.
SECTION 5 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS):
5.1 The City shall include the Unclassified Management employees in the CaIPERS
"3% at 60" Plan with the following optional public agency contract provisions:
a. The optional contract provision relating to one (1) 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 at
the level four benefits;
d. The optional contract provision relating to City payment of the Unclassified
Management employee's normal CaIPERS member contribution so long
as the normal member contribution established by CaIPERS does not
exceed seven percent (7 %) of the Unclassified Management employee's
salary. In the event the amount of normal CaIPERS member contribution
exceeds seven percent (7 %) of the Unclassified Management employee's
salary, the Unclassified Management employee shall be personally
responsible for making any such additional CaIPERS member
contribution.
e. The optional contract provision relating to the ability to participate in the
part time buyback program, but solely at their own cost.
SECTION 6 - DEFERRED COMPENSATION PROGRAMS:
6.1 The City shall continue to sponsor voluntary deferred compensation programs.
6.2 The City agrees to match the amount, dollar for dollar, up to seven thousand
dollars ($7,000.00) per calendar year, contributed to the City Manager's deferred
compensation account.
6.3 The City agrees to match the amount, dollar for dollar, up to six thousand dollars
($6,000.00) per calendar year, contributed to the General Managers' deferred
compensation accounts.
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6.4 The City agrees to match the amount, dollar for dollar, up to five thousand dollars
($5,000.00) per calendar year, contributed to the employees' deferred
compensation account for the positions of City Engineer, Finance Officer, Human
Resources Officer and Planning Officer.
SECTION 7 - VISION CARE PLAN:
The City shall sponsor a vision care plan for Unclassified Management employees.
Unclassified Management employees shall pay the premium for the vision care plan and
increases in the premium for the duration of this resolution. Unclassified Management
employees may use monies remaining from the monthly sum originally provided by the
City for health insurance to pay the premium for Vision Care.
SECTION 8 - SERVICE ORGANIZATION MEMBERSHIP:
8.1 The City shall pay up to $350.00 for the City Manager toward the annual
membership fee for one service organization or non - profit board based in
Carson. The membership fee notice must be provided by the organization to the
City
8.2 The City shall pay up to $250.00 for the General Managers toward the annual
membership fee for one service organization or non - profit board based in
Carson. The membership fee notice must be provided by the organization to the
City and authorized by the City Manager.
8.3 The City shall pay up to $200.00 for the City Engineer, Finance Officer, Human
Resources Officer and Planning Officer toward the annual membership fee for
one service organization or non - profit board based in Carson. The membership
fee notice must be provided by the organization to the City and authorized by the
City Manager.
ARTICLE IV
SAFETY
SECTION 1 - SAFETY RESPONSIBILITIES:
1.1 The City shall make a good faith effort to provide and maintain a safe and
healthful place of employment.
1.2 The City shall encourage Unclassified Management employees to perform their
assigned duties safely using the practices, means, methods, operations, and
processes prescribed by law, occupational safety or health standard, safety
order, or safety rule and regulation. Unclassified Management employees shall
report any unsafe practices, equipment, or hazardous conditions promptly to their
immediate supervisor.
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1.3 The City shall not require nor permit any Unclassified Management 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 Unclassified Management 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 Unclassified Management employee.
SECTION 2 - SAFETY DEVICES AND SAFEGUARDS:
The City shall furnish and the Unclassified Management 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.
SECTION 3 - USE OF VETERANS PARK SPORTS COMPLEX:
All City employees and their families shall be entitled to use all facilities and programs at
Veterans Sports Complex at the rates below:
Employee - $100.00 per year
Employee and family - $150.00 per year
Employees who renew memberships shall receive the same percentage discount on the
above prices as the general public receives at the time of renewal. For the purposes of
this section, family shall mean those family members eligible for coverage under the
PERS Health Insurance provided by the City.
ARTICLE V
CITY RIGHTS
SECTION 1 - EXCLUSIVE CITY RIGHTS AND AUTHORITY:
The City retains the exclusive right to manage and direct the performance of City
services and the workforce performing such services. The City retains the exclusive
right to exercise its right to manage and direct the performance of the City services and
the workforce performing such services. The following matters shall not be subject to
the meet and confer process, but shall be within the exclusive authority of the City.
Unclassified Management employees have no rights to meet and confer on any of the
City's rights or the effects of the exercise of any of its rights.
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:
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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 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 workforce, to assign work to
employees in accordance with requirements as determined by the City,
and to establish and change work assignments;
f. Determine job classifications;
g Appoint, transfer, promote, demote and lay off employees for lack of work
or other appropriate reasons;
h. Initiate disciplinary action for legitimate reasons;
Determine policies, procedure, and standards for selection, training, and
promotion of employees;
Establish employee performance standards, including but not limited to
quality and quantity standards;
k. Maintain the efficiency of governmental operations;
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.
The exclusive decision making authority of the City on matters involving City rights and
authority shall not be in any way, directly or indirectly, subject to the grievance
procedure. The employees may grieve the impact of the exercise of exclusive City
rights and authority that directly relate to matters not reserved to the City.
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ARTICLE VI
MISCELLANEOUS PROVISIONS
SECTION 1 — UNCLASSIFIED MANAGEMENT EMPLOYEES:
The authority of the City to institute disciplinary action against the General Managers,
the City Engineer, Finance Officer, Human Resources Officer or Planning Officer, and
the rights of those employees with respect to such disciplinary action shall be governed
by the provisions of Ordinance No. 78 -455 of the City amending the Carson Municipal
Code, Chapter 9, Article II, Section 2903.
SECTION 2 - JURY DUTY /COURT SUMMONS /SUBPOENA:
Unclassified Management employees summoned to a court to provide testimony on
behalf of the City or as directed by the City Manager, shall be paid their prevailing rate
during such court service. Pay for jury service shall be limited to ten (10) working days
in any one calendar year.
SECTION 3 - VACATION LEAVE:
The City shall provide Unclassified Management employees with vacation leave
subject to the following conditions:
3.1 Unclassified Management employees shall be credited with vacation leave at the
following rates:
i. Ten (10) hours for each month of service or major portion thereof from the
date of appointment;
ii. Thirteen and thirty -three hundredths (13.33) hours for each month of
service or major portion thereof upon commencement of the Unclassified
Management employee's eleventh year of service.
Upon the twentieth anniversary date, Unclassified Management
employees will be credited with ten (10) hours of vacation leave, in
addition to the credit under Section 3.1.ii.
iv. Upon the twenty -first anniversary date, Unclassified Management
employees will be credited with ten (10) hours of vacation leave, in
addition to the credit under Sections 3.1.ii and 3.1.iii.
v. Upon the twenty- second anniversary date, Unclassified Management
employees will be credited with ten (10) hours of vacation leave, in
addition to the credit under Sections 3.1.ii., 3.1.iii., and 3.1.iv.
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vi. Upon the twenty -third anniversary date, and each anniversary date
thereafter, Unclassified Management employees will be credited with ten
(10) hours of vacation leave, in addition to the credit under Sections 3.1.ii,
3.1.iii., 3.1.iv., 3.1.v.
3.2 Unclassified Management employees shall not be credited with vacation leave
during leaves of absence without, pay exceeding eighty (80) working hours in any
calendar month.
3.3 Unclassified Management employees may use vacation leave only after
completing their initial six (6) months of service. Unclassified Management
employees shall not use Tess than one (1) hour of vacation leave at any one time.
3.5 Except during the 2010/11 and 2011/12 fiscal years, Unclassified Management
employees shall not accrue more than a total of six hundred (600) hours of
vacation leave. During the 2010/11 and 2011/12 fiscal years, the maximum
accrual cap for vacation leave shall be waived.
SECTION 4 - SICK LEAVE:
The City shall provide Unclassified Management employees with sick leave subject to
the following conditions:
4.1 Unclassified Management employees shall be credited with sick leave at the rate
of ten (10) hours of sick leave for each month of service or major portion thereof.
Sick leave shall not be credited for leaves of absence without pay exceeding
eighty (80) working hours in any calendar month.
4.2 Except during the 2010/11 and 2011/12 fiscal years, Unclassified Management
employees may accrue a maximum of one thousand forty (1,040) hours of sick
leave hours. Unclassified Management employees may use accrued sick leave
only after completing their initial month of service. During the 2010/11 and
2011/12 fiscal years, the maximum accrual cap for sick leave shall be waived.
4.3 Unclassified Management employees may not use sick leave at their discretion,
but only in cases of actual personal sickness. Sick leave shall be used for
medical and dental appointments and pregnancy.
4.4 When an Unclassified Management employee uses sick leave, the Unclassified
Management employee will complete and submit a signed leave request form
stating the need for such sick leave, including partial day absences. When an
Unclassified Management employee uses sick leave in excess of two (2)
consecutive working days, the City may require an Unclassified Management
employee to present, upon return to work, a medical certification signed by a
physician or licensed medical practitioner verifying the need for such sick leave.
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4.5 When an Unclassified Management employee wishes to use accrued sick leave,
the Unclassified Management employee shall notify the City Manager and /or
General Manager, as applicable, either before, or within one (1) hour after the
time set for beginning the work period, of the intended absence due to sickness,
unless the Unclassified Management employee is incapacitated and physically
unable to provide the required notification. Unclassified Management employees
on sick leave shall regularly inform the City Manager and /or General Manager of
their physical condition.
4.6 When an Unclassified Management employee separates from the City service for
whatever reason the Unclassified Management employee shall be compensated
for one -half (1/2) the value of accrued sick leave. The value of accrued sick
leave shall be calculated using such Unclassified Management employee's
prevailing pay rate on the date of the employee's separation from City service.
4.7 The City shall provide Unclassified Management employees with thirty (30) days
of sick leave at the time of hire. Sick leave advanced to Unclassified
Management employees under this section shall be considered to be loaned to
the Unclassified Management employee and the Unclassified Management
employee shall not accrue additional sick leave for a thirty (30) month period.
SECTION 5 - HOLIDAY LEAVE:
The City shall provide Unclassified Management employees with the following thirteen
holidays with pay subject to the following conditions:
5.1 January 1 (New Years Day)
The third Monday in January (Martin Luther King Day)
The third Monday in February (President's Day)
March 31st (Cesar Chavez Day)
The last Monday in May (Memorial Day)
July 4th (Independence Day)
The first Monday in September (Labor Day)
November 11th (Veteran's Day)
The fourth Thursday in November (Thanksgiving Day)
December 25th (Christmas)
Three (3) floating holidays (30 hours); and
Every day proclaimed by the President, Governor, or Mayor of this City as a
public holiday.
5.2 When any day granted as a holiday falls on a Friday, Saturday or Sunday, the
following Monday shall be considered the holiday. In order to be paid for the
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 the holiday on authorized paid leave.
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5.3 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. Any Unclassified
employee absent on other paid leave when such additional holiday leave is
granted shall not receive compensatory leave or additional pay because of their
absence.
5.4 Floating holiday leave shall be provided to Unclassified Management employees
subject to the following conditions:
i. The Unclassified Management employee's immediate supervisor has the
exclusive authority to approve floating holiday leave. Unless the
Unclassified Management employee's use of floating holiday leave
interferes with departmental operations, the Unclassified Management
employee's immediate supervisor shall permit the Unclassified
Management employee to use floating holiday leave at the Unclassified
Management employee's discretion.
ii. Unclassified Management employees shall not use Tess than one (1) hour
of floating holiday leave at any one time.
iii. Unclassified Management employees are encouraged to use floating
holiday leave during the fiscal year. However, holiday leave shall be
converted to vacation leave if not used by the end of the fiscal year.
iv. When an Unclassified Management employee separates from the City
service for any reason, the City shall compensate the Unclassified
Management employee for any floating holiday leave not taken for floating
holidays occurring prior to their separation date.
v. New Unclassified Management employees will be credited with floating
holiday leave for floating holidays which occur subsequent to their date of
hire.
SECTION 6 - ADMINISTRATIVE LEAVE:
The City shall provide Unclassified Management employees with administrative leave
as time off from work, instead of pay or compensatory leave credit for overtime work,
subject to the following conditions:
6.1 Effective July 1, 2010, the City Manager and General Managers shall be credited
with thirty (30) hours of administrative leave for each month of service or major
portion thereof. Effective August 1, 2010, the City Manager and General
Managers shall be credited with fifteen (15) hours of administrative leave for
each month of service or major portion thereof.
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6.2 Effective July 1, 2010, the City Engineer, Finance Officer, Human Resources
Officer and the Planning Officer shall be credited with twenty (20) hours of
administrative leave for each month of service or major portion thereof. Effective
August 1, 2010, the City Engineer, Finance Officer, Human Resources Officer
and the Planning Officer shall be credited with five (5) hours of administrative
leave for each month of service or major portion thereof.
6.2 Except during the 2010/11 and 2011/12 fiscal years, Unclassified Management
employees shall not accrue more than three hundred (300) hours of
administrative leave. During the 2010/11 and 2011/12 fiscal years, the maximum
accrual cap for administrative leave shall be waived.
6.3 Unclassified Management employees shall use administrative leave only upon
written approval of the immediate supervisor.
6.4 When an Unclassified Management employee separates from the City service for
any reason, the City shall compensate the Unclassified Management employee
for any accrued administrative leave up to a maximum of three hundred (300)
hours, except if that Unclassified Management employee separates during the
time that the accrual caps are waived. In that event, the Unclassified
Management employee will be compensated for all accrued administrative leave.
The value of accrued administrative leave shall be calculated using the
Unclassified Management employee's prevailing pay rate on the date of his
separation from City service.
SECTION 7 - WORKER COMPENSATION LEAVE:
The City shall provide Unclassified Management employees with workers'
compensation leave subject to the following conditions:
7.1 Except as otherwise provided, an Unclassified Management employee
substantially disabled by bodily injury or sickness in the course and scope of
employment shall be paid his /her regular pay rate for up to seventeen (17) weeks
from the date of disability, or until the City's workers' compensation insurance
carrier terminates temporary disability payments either by means of a lump sum
settlement or a retirement with pension, whichever occurs first.
7.2 When an Unclassified Management employee receives workers' compensation
payments, the City shall pay such Unclassified Management employee only the
difference between such workers' compensation payments and such Unclassified
Management employee's regular pay rate. During the time such Unclassified
Management employee is substantially disabled, such Unclassified Management
employee shall continue to accrue vacation leave, sick leave, personal leave,
administrative leave, and seniority for purposes of pay adjustments or
advancements.
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SECTION 8 - MILITARY LEAVE:
The City shall grant military leave to Unclassified Management employees as provided
in California Military and Veterans Code Sections 389 through 395. An Unclassified
Management employee on ordered military leave shall be paid their regular pay rate in
addition to their military pay.
SECTION 9 - LEAVE OF ABSENCE WITHOUT PAY:
The appointing authority has the exclusive authority to approve an Unclassified
Management employee's request for leave of absence from work without pay. Such
leave of absence shall not be approved unless the Unclassified Management 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 Tess,
the Unclassified Management employee shall not lose any seniority for such leave of
absence. After the expiration of an approved leave of absence without pay,
Unclassified Management employees shall be reassigned to their former classification.
A leave of absence without pay will not be granted in excess of one (1) year.
The City has the authority to grant or deny an Unclassified Management employee's
request for leave of absence from work without pay, except that the City shall not
unreasonably deny a request for unpaid leave due to the medical disability of the
Unclassified employee or a member of his /her immediate family. In accordance with
Federal and /or State laws, the City has the right to grant an Unclassified Management
employee's request for up to 12 weeks of unpaid, job protected leave to eligible
employees for certain family and medical reasons under the Family and Medical Leave
Act of 1993 (FMLA). The City shall not grant an unpaid leave in excess of one (1) year
for Unclassified Management employees with five (5) years or less seniority, in excess
of three (3) years for Unclassified Management employees with more than ten (10)
years seniority. An Unclassified Management employee on an unpaid leave for 61 days
or more shall not accrue seniority for that portion of the leave over 50 days. After the
expiration of the unpaid leave, the Unclassified Management employee shall be
assigned to his /her former classification. The Unclassified Management employee
requesting the leave shall state in writing the reasons for the request.
SECTION 10 - TIME OFF FOR VOTING:
The City shall provide Unclassified Management employees with time off for voting
subject to the following conditions:
10.1 When an Unclassified Management employee claims not to have sufficient time
outside of working hours to vote at a statewide election, the Unclassified
Management employee may, without loss of pay, with the approval of the Human
Resources Officer, take off enough working hours which when added to the
voting hours available outside of working hours will enable the Unclassified
Management employee to vote. The Human Resources Officer may not
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authorize an Unclassified Management 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 Unclassified
Management employee the most time for voting and the least time off from work.
10.2 If the Unclassified Management employee knows or has reason to believe that
time off for voting shall be necessary on election day, the Unclassified
Management employee shall notify the Human Resources Officer of that fact at
least two (2) work periods in advance.
SECTION 11 - DISCRETIONARY LEAVE:
11.1 All discretionary leave taken by the General Managers shall be approved, in
advance, by the City Manager and shall be without pay.
11.2 All discretionary leave taken by the City Engineer, Finance Officer, Planning
Officer or Human Resources Officer shall be approved, in advance, by his /her
General Manager and shall be without pay.
SECTION 12 - LEGAL COUNSEL:
The City agrees to provide legal counsel for Unclassified Management employees in
matters in which an Unclassified Management employee must provide a legal defense
for job related matters other than a grievance in accordance with state law.
ARTICLE VII
MODIFICATION AND DURATION
SECTION 1 - MODIFICATION AND WAIVER:
This resolution contains all the terms, covenants and stipulations of employment for
Unclassified Management employees and supersedes all prior resolutions and
practices. The City's Personnel Rules do not apply to Unclassified Management
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 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
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effect.
SECTION 3 - DURATION:
3.1 This resolution shall be binding on the City and Unclassified Management
employees when adopted by City Council.
3.2 Except as otherwise provided herein, this resolution shall be in full force and
effect from July 1, 2010, and shall remain in full force and effect up to and
including June 30, 2011.
3.3 This resolution supersedes Resolution No. 06 -090.
PASSED, APPROVED and ADOPTED this 21st day of July, 2010.
MAYOR JIM DEAR
ATTEST:
HELEN S. KAWAGOE, CITY CLERK, MMC
APPROVED AS TO FORM:
CI
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CARSON
) ss.
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 is five; that the foregoing resolution,
being Resolution No. 10 -077 was duly and regularly adopted by said Council at a
regular meeting duly and regularly held on the 21st day of July, 2010, and that the
same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Mayor Dear, Santarina, Gipson, Davis - Holmes and
Ruiz -Raber
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk Helen S. Kawago
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