HomeMy Public PortalAbout2021.105 - (09-07-21) RESOLUTION NO. 2021.105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ESTABLISHING THE WAGES, HOURS, AND TERMS AND CONDITIONS
OF EMPLOYMENT FOR EXECUTIVE MANAGEMENT EMPLOYEES
WHEREAS, the City of Lynwood ("City") employs certain employees in executive
management positions ("Executive Management Employees") who provide professional
services to the City and direct the operations of certain City departments;
WHEREAS, Executive Management Employees include employees in the
following job classifications:
• Director of Community Development
• Director of Finance and Administration
• Director of Information Technology
• Director of Public Works
• Director of Recreation and Community Services
• Director of Human Resources and Risk Management
WHEREAS, some Executive Management Employees have pre-existing
employment agreements with the City that provide for their wages, hours, and terms and
conditions of employment;
WHEREAS, the City Council desires to memorialize in a single resolution the
wages, hours, and terms and conditions of employment for Executive Management
Employees who are not already employed pursuant to employment agreements and
those existing Executive Management Employees who have individual employment
agreements, but elect to be covered by this resolution;
WHEREAS, existing Executive Management Employees may elect to either
remain contract employees subject to the terms and conditions in their respective
employment agreements or be covered by the terms and conditions set forth in this
resolution.
WHEREAS, the terms and conditions in pre-existing employment agreements
shall remain unchanged if the Executive Management Employees elect to remain covered
by such employment agreements;
WHEREAS, if the Executive Management Employees elect to receive the benefits
provided by this resolution, the terms and conditions set forth in this and subsequent
resolutions shall govern their terms and conditions of employment;
THEREFORE, BE IT RESOLVED by the City Council of the City:
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The purpose of this Resolution is to set forth the wages, hours, and terms and
conditions of employment for Executive Management Employees of the City of Lynwood.
This Resolution shall apply to any Executive Management Employee, as defined, who is
not subject to a pre-existing employment agreement or is subject to an existing
employment agreement, but elects to be covered by this and subsequent resolutions. An
Executive Management Employee who is employed pursuant to a pre-existing
employment agreement may become subject to this and subsequent related resolutions
of the City Council by written agreement of that Executive Management Employee and
the City Manager.
The City Council retains all rights and authority to modify the wages, hours, and
terms and conditions of employment provided to Executive Management Employees in
its sole and absolute discretion.
This Resolution shall be applicable to Executive Management Employees who are
hired by the City after the date upon which the City Council adopts this Resolution and
those who are currently employed by the City and covered by an employment agreement,
but who elect to be covered by the terms and conditions of employment set forth herein.
1.0 Employment & Duties Purpose and Application
1.1 Duties.
City hereby employs persons in the above enumerated Executive Management Employee
positions to perform the functions and duties as are customarily performed by persons in
such positions, as specified in the applicable job descriptions, and to perform other legally
permissible and proper duties and functions of such positions as the City Manager may,
from time-to-time, direct or assign.
1.2 Work Schedule and Work Hours.
Executive Management Employees shall engage in the hours of work that are
necessary to fulfill the obligations of the position and must devote time in addition to
the City's regular business hours to the business of the City. City Hall is open Monday
through Thursday from 7:00 a.m. to 6:00 p.m. and is closed on Fridays, such that the
City's standard workweek is four (4) 10-hour days. Executive Management Employees
are generally expected to be at work during regular business hours. Notwithstanding
the foregoing, Executive Management Employees will be permitted reasonable time
off during the City's business hours upon proper approval and as permitted by accrued
leave time, as is customary for exempt employees, so long as the time off does not
interfere with the City's business.
1.3 Direction.
The City shall retain full direction and control of the manner, means and methods by which
Executive Management Employees perform the services for which they are employed
hereunder and of the place or places at which such services shall be rendered.
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1.4 Employment Status.
Executive Management Employees are at-will employees and shall serve at the will and
pleasure of the City Manager and are subject to summary dismissal without any right of
notice or hearing, including any so-called Skelly hearing. As at-will employees,
Executive Management Employees are not subject to any probationary period upon their
commencement of duties.
The City Manager may terminate the employment of Executive Management Employees
at any time, with or without cause, as set forth in Section 3.2 below. Nothing in this
Resolution or the City's policies or procedures, either now or in the future, is intended
to change the at-will nature of the employment relationship between the City and
Executive Management Employees. Executive Management Employees are not entitled
to file any grievances under this Resolution and are not entitled to participate in the City's
grievance procedure.
Executive Management Employees, as defined, are not represented by any bargaining
unit.
1.5 City Documents.
All data, studies, reports, and other documents prepared by Executive Management
Employees while performing their duties shall be furnished to and become the property
of the City, without restriction or limitation on their use. All ideas, memoranda,
specifications, plans, procedures, drawings, descriptions, computer program data,
input record data, written information, and other materials either created by or provided
to the Executive Management Employees in connection with the performance of this
services under or in connection with this Resolution shall be held confidential by the
Executive Management Employees to the extent permitted by applicable law. Such
materials shall not, without the prior written consent of the Council, be used by the
Executive Management Employees for any purposes other than the performance of
their duties for the City. Nor shall such materials be disclosed to any person or entity
not connected with the performance of services under this Resolution, except as
required by law.
1.6 FLSA Exempt Status.
Executive Management Employees are exempt employees for the purposes of the Fair
Labor Standards Act ("FLSA").
2.0 Compensation and Reimbursement
2.1 Compensation.
As compensation for the services to be rendered by Executive Management Employee,
the City will pay Executive Management Employees a salary according to the salary
schedule provided for at Exhibit B, which is attached hereto. The salaries provided for at
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Exhibit B will also be added to the City's salary resolution which will be adopted by the
City Council.
Such salary shall be payable in twenty-six (26) biweekly installments at the same time as
other employees of the City are paid and subject to customary withholding. The salary
shall be adjusted for payroll taxes, workers' compensation, and other payroll-related
liability costs.
If an Executive Management Employee commences work in the middle of a pay period,
compensation for the first pay period that shall be prorated consistent with all applicable
laws.
2.2 Salary Steps.
Upon the commencement of employment, the City Manager shall have authority to place
new Executive Management Employees at any step of the salary schedule provided for
at Exhibit B so long as the Executive Management Employee's qualifications and
experience justify such a placement and the City's finances permit such compensation.
Executive Management Employees currently employed by the City at the time of the
adoption of this Resolution who are not subject to an employment agreement shall be
placed at the step of the salary schedule that most closely matches their current salary
and does not entail a reduction in salary.
2.3 Annual Review.
As part of each Executive Management Employee's annual performance evaluation, as
set forth in Article 5.0, the City Manager shall concurrently conduct an annual review of
each Executive Management Employee for the purpose of determining whether the
Executive Management Employee should advance to the next salary step.
If the City Manager determines that the Executive Management Employee's work
performance over the preceding year met or exceeded the City Manager's expectations,
the City Manager may, at their sole discretion, approve the Executive Management
Employee's advancement to the next salary step.
2.4 Cost of Living Adjustments
Cost of Living Adjustments ("COLA") for Executive Management Employees shall be
based on the terms for COLA increases provided in the Memorandum of
Understanding ("MOU") between the City and the Lynwood Employees Management
Group ("LEMG"). The City will provide the Executive Management Employees the
COLA, if any, at the time set forth in the LEMG MOU.
2.5 Reimbursement
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Pursuant to the Government Code, as provided for at Exhibit C, certain compensation
provided to Executive Management Employees shall be subject to reimbursement in the
event that an Executive Management Employee is convicted of a crime involving an
abuse of their office or position.
3.0 Term
3.1 Commencement & Effective Date.
Executive Management Employees shall commence their services hereunder upon
adoption of this Resolution by the City Council, which shall also be deemed the effective
date of this Resolution.
3.2 Termination Without Cause.
The City may terminate the employment of Executive Management Employees at any
time with or without cause, for any reason whatsoever, without notice to the Executive
Management Employees. Additionally, Executive Management Employees may
terminate their employment with the City at any time with or without cause, with at least
thirty (30) days' advance written notice prior to the effective last work day, unless a
shorter period is acceptable to the City Manager.
The for-cause termination of the employment of Executive Management Employees
initiated by the City shall not entitle such Executive Management Employee to any
severance pay; whereas, without-cause termination of their employment initiated by the
City shall entitle such Executive Management Employee, upon the effective date of such
termination, to severance pay as provided in Section 4.1 below, and all accrued but
unpaid salary and vested benefits through the date of termination, and all accrued but
unpaid salary and vested benefits through the date of termination.
4.0 Separation
4.1 Severance
In the event that the City terminates an Executive Management Employee without cause,
as provided above, the City shall provide such Executive Management Employee a
severance payment in an amount equal to two (2) month's base rate of pay for such
employee.
Executive Management Employees who are terminated for cause shall not receive any
severance payments.
4.2. Payment for Accrued Benefits.
A. Vacation Leave
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Except as provided for in Article 6.0, upon the termination of employment and the
services of the Executive Management Employee thereunder, the City shall pay to
Executive Management Employees the cash equivalent of all vacation leave then
accrued. Such cash equivalent shall be calculated by dividing Executive Management
Employee's then-prevailing annual salary by 2080 hours and by multiplying the
resulting quotient by the number of hours accrued (but unused) vacation leave, as the
case may be.
B. Sick Leave
Upon the termination of employment and the services of the Executive Management
Employee, the City shall pay to a qualified Executive Management Employees the
following amounts:
Upon regular service retirement, the City shall pay to the Executive Management
Employee the cash equivalent of fifty percent (50%) of the unused sick leave hours
accrued up to the maximum of the ninety-six (96) workdays. Except as provided below,
the City will not provide cash compensation for unused'sick leave to Executive
Management Employees who separate for any reason other than service retirement.
Upon resignation or termination without cause, the City shall pay to an Executive
Management Employee with ten (10) years of continuous City service the cash
equivalent of twenty-five percent (25%) of the unused sick leave hours accrued up to
the maximum of ninety-six (96) workdays. The City will not provide cash compensation
for unused sick leave to Executive Management Employees who are terminated for
cause.
4.3 Sole Rights.
The rights provided in this Article 4.0 shall constitute the sole and only entitlement of
Executive Management Employees in the event of separation from employment.
5.0 Performance Evaluations
5.1 Purpose.
The performance review and evaluation process set forth herein is intended to provide
review and feedback to Executive Management Employees so as to facilitate a more
effective management of City. Nothing herein shall be deemed to alter or change the
at-will employment status of Executive Management Employees, nor shall this Article
5.0 be construed as requiring "cause" to terminate this Agreement or the services of
Executive Management Employees thereunder.
5.2 Six Month'Evaluation.
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The City Manager may review and evaluate the performance of the Executive
Management Employees within six (6) months after the commencement of their
employment with the City. The City Manager may consider the Executive Management
Employees' performance in light of the approved goals or other criteria as deemed
appropriate by the City Manager. Such review and evaluation shall be conducted in
accordance with the purpose noted in Section 5.1 above.
5.3 Annual Evaluation.
The City Manager may review and evaluate the performance of Executive Management
Employees annually, within thirty (30) days after each anniversary date of their
employment with the City.
6.0 Benefits
6.1 Automobile Allowance.
City shall provide Executive Management Employees an automobile allowance equal to
$500.00 per month while they are employed by the City. Any vehicle allowance will be
paid to Executive Management Employees through payroll, with applicable taxes and
other payroll-liability costs deducted.
6.2 Electronic Media Allowance.
The City shall provide Executive Management Employees a monthly allowance for
electronic media of one hundred twenty five dollars and zero cents ($125.00) per
month. The Electronic Media Allowance shall be full compensation for the cost
associated with the purchase and use of electronic media to be used for City-related
business, and shall be paid to the Executive Management Employee through payroll,
with applicable taxes and other payroll-liability costs deducted.
6.3 Master's Degree Pay.
The City shall provide Executive Management Employees with Master's Degree Pay
consistent with the pay equal to two hundred and fifty dollars and 00/100 Dollars
($250.00) per month. Master's Degree Pay shall be paid upon an eligible Executive
Management Employee submitting proof that the employee possesses a Master's
Degree in a field of study that is related to their position. Master's Degree Pay shall
be paid through payroll, with applicable taxes and other payroll-liability costs deducted.
The City will not reimburse employees for any costs associated with obtaining a
degree.
6.4 Bilingual Pay.
The City Manager may grant compensation to Executive Management Employees for
using bilingual skills in the course of work, provided that such employees use bilingual
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skills at least twenty percent (20%) of their working time for either written or oral
communication.
Executive Management Employees required to use bilingual skills in the course of their
work may request bilingual pay by submitting written justification to the City Manager.
Bilingual pay shall be one hundred twenty-five dollars ($125.00) per month paid on a
biweekly basis.
6.5 Medical, Dental, Vision and Life Insurance.
City shall provide to the Executive Management Employees the same group medical,
dental, vision, and life insurance plans and/or programs as are provided in the LEMG
MOU. The City's contribution on behalf of Executive Management Employees shall
be subject to the cap for such contributions as provided in the LEMG MOU.
In addition, the City will pay the cost of dental plan premiums and vision plan premiums
for the Management Employees and their eligible dependents according to the MOU.
The City shall provide and pay for a life insurance policy to the Executive Management
Employees in the amount of fifty thousand and 00/100 Dollars ($50,000.00).
With verifiable proof of non-City health benefits coverage as determined by the Director
of Human Resources, Executive Management Employees shall be eligible to receive
either cash-in- lieu of benefits on a post-tax basis or a contribution in lieu of benefits to
deferred compensation on a pre-tax basis in an amount equivalent to the Los Angeles
County Kaiser "Employee Only" rate or five hundred dollars ($500.00) per month,
whichever is less.
6.6 PERS.
Executive Management Employees shall receive the same retirement benefits as other
miscellaneous City employees, which shall include the following:
6.6.1 Classic Members
Unless the Executive Management Employees is deemed a "New Member" within the
meaning of the California Public Employees' Pension Reform Act of 2013 ("PEPRA"), the
following terms shall apply to the Executive Management Employee's retirement benefits
and contributions:
a) The retirement plan between the City and the California Public Employees'
Retirement System ("CaIPERS") provides for the "3% at 60" retirement
formula for all eligible Classic Members.
b) The City has contracted with CaIPERS to provide the "single highest year"
final compensation formula for Classic Members.
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c) Executive Management Employees shall pay eight percent (8%) of
compensation earnable as a member contribution. Such payments are made
on a pre-tax basis.
6.6.2 New Members
If the Executive Management Employee is a "New Member" within the meaning of the
PEPRA, the following shall apply:
a) The retirement plan between the City and CaIPERS provides for the "2% at
62" retirement formula for all eligible New Members.
b) For the purposes of determining an employee's retirement benefit, final
compensation shall mean the highest average pensionable compensation
earned during thirty-six (36) consecutive months of service.
c) Each Executive Management Employee who is deemed a "New Member"
shall pay fifty percent (50%) of the total normal cost of the retirement benefit,
which will fluctuate from time to time as the amount is determined by
CaIPERS. Such payments are made on a pre-tax basis.
6.7 Leaves.
Vacation leave for Executive Management Employees shall be based on the terms
found in "Article 21: Leave Benefit Accrual Rates and Article 23: Annual Vacation
Leave" of the Memorandum of Understanding ("MOU") between the City and the
Lynwood Employees Management Group ("LEMG"). Executive Management
Employees may use their vacation leave hours when credited to their respective leave
bank as such employees do not serve a probationary period.
Sick leave for Executive Management Employees shall be based on the terms found
in -"Article 17: Sick Leave Policy and Article 21: Leave Benefit Accrual Rates of the
Memorandum of Understanding ("MOU") between the City and the Lynwood
Employees Management Group ("LEMG"). Executive Management Employees may
use their sick leave hours when credited to their respective leave bank as such
employees do not serve a probationary period.
Upon commencement of employment, the City will credit Executive Management
Employees with a pro rata amount of the following leaves based on the Executive
Management Employee's start date in the calendar year. Every year of employment
thereafter, the City will credit Executive Management Employees with the following
leave amounts on January 1:
• Executive leave — ninety (90) hours;
• Floating Holiday leave —fifty (50) hours;
• Personal leave — twenty (20) hours
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Any unused Executive, Floating Holiday and Personal leave hours at the end of the
calendar year may not be carried over to the following year unless approved by the
City Manager. Executive Management Employees may use their Executive, Floating
Holiday and Personal leave when credited to their respective leave bank as such
employees do not serve a probationary period.
The number of Vacation, Sick, Executive, Floating Holiday and Personal leave hours
each Executive Management Employee is entitled to shall be based on the terms
found in the Memorandum of Understanding ("MOU") between the City and Lynwood
Employees Management Group ("LEMG").
Executive Management Employees currently employed by the City at the time of the
adoption of this Resolution will maintain their current balances of such leaves subject to
the additional conditions provided herein.
Vacation and sick leave will carry-over from one calendar year to the next.
6.7.1. Cash Outs.
Each year, Executive Management Employees who have at least eighty hours of
vacation leave accrued may cash out up to forty (40) hours of such leave accrued
during that calendar year. Employees who elect to cash out such vacation leave must
inform the City Manager of such election no later than December 1. Such cash outs
are fully taxable and subject to all normal payroll tax deductions. The election to cash
out vacation leave is irrevocable. Executive Management Employees who do not cash
out vacation leave during the calendar year in which such leave is accrued may use
such leave during subsequent calendar years or will receive compensation for such
Leave upon separation of employment from the City, as provided below.
Executive Management Employees may not cash out unused sick leave at any time.
As provided in Article 4.0, upon separation of employment from the City, the City may
provide certain Executive Management Employees cash compensation for certain
unused vacation and sick leave.
Unused Executive, Floating Holiday and Personal leave hours are not subject to cash out
upon separation.
6.8 Holidays.
6.8.1 Paid Holidays
Employees covered under this'MOU shall be allowed the following eleven (11) paid
holidays:
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(1) New Year's Day, January 1;
(2) Martin Luther King Jr., third Monday in January;
(3) Presidents' Day, third Monday in February;
(4) Cesar Chavez Day, last Monday in March;
(5) Memorial Day, last Monday in May;
(6) Independence Day, July 4;
(7) Labor Day, first Monday in September;
(8) Veteran's Day (November 11th);
(9) Thanksgiving Day, fourth Thursday in November;
(10) Day after Thanksgiving, fourth Friday in November;
(11) Christmas Day, December 25.
When a holiday named in this resolution falls on the Executive Management employee's
regular day off, the employee shall be credited with "Floating Holiday" hours
commensurate with the employee's regular work schedule (e.g. An Executive
Management Employee on a 4/10 regular work schedule shall receive an additional 10
hours of Floating Holiday leave if holiday falls on employee's regular day off). City
observed holidays shall be based on the terms found in the Memorandum of
Understanding ("MOU") between the City and Lynwood Employees Management
Group ("LEMG").
7.0 Professional Development
7.1 Membership.
The City encourages Executive Management Employees' continued professional
development and membership and shall provide payment of appropriate related costs for
such activities, as approved by the City Manager.
7.2 Out-of-Town Meetings & Seminars.
The City will reimburse Executive Management Employees the actual cost for
registration, travel, lodging, meals, and other reasonable expenses incurred by
Executive Management Employees while attending overnight out-of-town meetings
or seminars related to their employment with the City, and which are pre-approved
by the City Manager and in accordance with the City's policies for expense
reimbursement.
7.3 Local Meetings & Seminars.
The City will reimburse Executive Management Employees the actual cost of
registration, meals, and other reasonable expenses necessarily incurred while in
attendance at local meetings or seminars related to their employment with the City in
accordance with the City's policies for expense reimbursement.
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7.4 Incidental Expenses.
The City will reimburse Executive Management Employees the actual cost of those
incidental expenses necessarily incurred by Executive Management Employees while
engaged in the business of the City upon the presentation of an appropriate receipt
therefore in accordance with the City's policies for expense reimbursement.
7.5 Approval by City Manager.
To be eligible to receive reimbursement for the memberships, travel, and other expenses
incurred pursuant to this Article 7.0, Executive Management Employees shall obtain
advance approval of the City Manager.
8.0 General Provisions
8.1 Conflicts Prohibited.
During their employment with the City, Executive Management Employees shall not
engage in any business or transaction or maintain a financial interest which conflicts, or
reasonably might be expected to conflict, with the proper discharge of Executive
Management Employees' duties under this Agreement. Executive Management
Employees shall comply with all requirements of law, including but not limited to,
Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and
all other similar statutory and administrative rules.
8.2 Other Employment.
Executive Management Employees shall not engage in any employment, activity, or
enterprise for compensation which is inconsistent, incompatible, in conflict with, or,
inimical to their duties as a City employee or with the duties, functions, or responsibilities
of their appointing power or the City. Executive Management Employees shall not perform
any work, service, or counsel for compensation outside of City employment where any
part of their efforts will be subject to approval by any other officer, employee, board, or
commission of the City, unless otherwise approved by the City Manager.
The City Manager shall determine those outside activities which, for Executive
Management Employees, are inconsistent with, incompatible to, or in conflict with their
duties as Executive Management Employees. The City Manager may determine that an
Executive Management Employee's outside employment, activity, or enterprise is
prohibited if it: (1) involves the use for private gain or advantage of the City's time,
facilities, equipment and supplies; or the badge, uniform, prestige, or influence of the
Executive Management Employee's office or employment or, (2) involves receipt or
acceptance by the Executive Management Employee of any money or other
consideration from anyone other than the City for the performance of an act which the
Executive Management Employee, if not performing such act, would be required or
expected to render in the regular course or hours of City employment or as a part of their
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duties as a City employee or, (3) involves the performance of an act in other than their
capacity as a City employee which act may later be subject directly or indirectly to the
control, inspection, review, audit, or enforcement of any other officer or employee or the
City, or(4) involves the time demands as would render performance of their duties as an
Executive Management Employee less efficient.
The City shall advise Executive Management Employees of the rules concerning
incompatible activities and shall provide notice to Executive Management Employees of
the determination of prohibited activities, of disciplinary action to be taken against
Executive Management Employees for engaging in prohibited activities.
PASSED, APPROVED, AND ADOPTED this 7th day of September, 21 1.
Sa 6 ia or
ATTEST:
VtigteZ
Maria Quinonez, / Ernie Hern z,
City Clerk City Manage
APPROVED AS TO FO`&fid: APPROVED AS TO CONTENT:
f,.
Noel Tapia, Patrick Matson,
city Attorney Director of human Resources Sc Risk
Management
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STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution was duly adopted by the City Council of said City at its
regular meeting thereof held in the City Hall of the City on the 7th day of September,
2021 and passed by the following vote:
AYES: COUNCIL MEMBERS FLORES, SOLACHE, SOTO, MAYOR PRO TEM
CASANOVA AND MAYOR SANTANA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
t ( ,
Maria Quinonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, dohereby certify that the above and foregoing is a full, true and
correct copy of Resolution No. 2021.105 on file in my office and that said resolution
was adopted on the date and by the vote therein stated. Dated this 7th day of
September, 2021.
64/U4/(MA,....7
Maria Quinonez,
City Clerk
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