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Home My Public Portal About84-092 (07-30-84)RESOLUTION N0. 84-92 A RESOLUTION OF THE CITY CGUNCIL OF THE CITY OF LYNWOOD ADOPTING;A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING WITH THE CITY MANAGER. WHEREAS, the City Council and the City Manager have agreed upon salary, benefits and other conditions of employ- ment, as presented in Exhibit A; and, WHEREAS, the City Council wishes to adopt the Compre- hensive Memorandum of Understanding with the City Manager, as detailed in Exhibit A; NOW, THEREFOR, the City Council of the City of L}m wood does hereby resolve as follows: Section 1: The Comprehensive Memorandum of Understanding (Exhibi_t A), which includes all agreed upon provisions and supersedes previous agreements between the City Manager, is adopted. Section 2: That relevant resolutior;s and policies be pre- pared, as necessary, to reflect the provisions of the attached Comprehensive Memorandum cf Understanding. Section 3: This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 30th day of July _, 1984. E. M RR MAYOR ATTEST: CITY OF LYNWOOD ANDREA L. HOOPER, CITY CL RK APPROVED AS TO CONTENT: < C't~LC~~~U~(~' SANDRA L. CHAPEK, PERSONNEL MANAGER APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFOR-'IA ) ss COUNTY OF LOS ANGELES ) I, the undersigned, City Clerlt of the City of Lynwood, do hereby certify that the foregoing Resolution. was passed and adopted by the City Council of the City of Lynwood at a regLlar meeting held on the 30th day of July , 1984. AYES: COUNCILDIEN BYORK, THOMPSON, MORRIS NOES: NONE ABSENT: COUNCILMAN HENNING ABSTAIN: COUNCILMAN ROWE CITY CLERK, CITY OF LYN OOD EXHIBIT A °_: A COMPREHENSIVE MEMORANDUM OF UNDERSTANDIPIG WITH THE CITY MANAGER. IMPLEMENTATION: The terms and conditions of employment that are set forth in this memorandum have been discussed in good faith between the City and the Manager. Upon the adoption of a resolution and/or policy statement regarding this memorandum, all terms and conditions of this memorandum so incorporated, shall become effective without any further action by either party. SALARIES/WAGES: 1984, the City Manager shall receive a salary of FOUR THCUSAND FOUR HUNDRED DOLLARS ($4,400) per month. Beginning with the First full pay period in July 1984, the City will increase ~ the salary of the City Manager .by FIVE PERCENT (5%) with no other increase for the term of this agreement. EXECUTIVE LEAVE: It is agreed that the City Manager receive .5 days per month executive leave, plus an additional two (2) days annually granted on January 1 of every year. Accrued executive leave may be taken at any time subsequent to noti- fication of Council.. Executive leave may not be accrued beyond the present caler_dar year. Unused executive leave at the end of a calen- dar vear will be lest. CAR ALLOWANCE: The Gity Manager shall be required to use his personal vehicle for the purpose of conducting City business, and shall be reimbursed at the rate of TWO HUNDRED EIGHTY DOLLARS ($280.00) per month for all costs. INSURANCE COVERAGE: Effective August 1, 1982, the City shall contri- bute up to ONE HUNDRED SEVENTY FIVE DOLLARS ($175.00) per month for the City h9anager toward Health insurance premiums. Tr_is contribution will be applied to the premium for' the employee. If the employee elects to have dependent coverage under the existing Health plans, the City will apply the difference between tY.e premium for the employee and SEVENTY FIVE DOLLARS ($75.00) toward dependent coverage. The employee must pay the remaining premium. Such payment will be made by payroll deduction. If the premium for employee coverage exceeds ONE HUNDP,ED SEVENTY FIVE DOLLARS ($175.00) the City will continue to pay the entire premium for employee coverage only. The City will put into effect the Health Net Group Practice.Dental Plan, as agreed. The City will pay the full cost of premiums for the City Manager and his eligible dependents for the duration of this agreement June 30, 1984. The City shall provide life insurance in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for the City t3anager. SICK LEAVE POLICY: Sick leave with pay shall be granted at the rate of one (1 work day for each caler.:dar month of service. Sick leave shall r..ot be considered as a privilege which he may use at his dis- cretion, bLt shall be allowed only in case of necessity and actual sickness or disability. In order to receive compensation while absent on sick leave, the City Manager shall notify the City Council prior to, or within two (2) hours of the time set for beginning duty, unless notification is E~hysically impractical. The City may require a physician's certificate and release to return to work whenever there is reasonable doubt as to the employee's ability to perform his duties satisfactorily and safely. The City maintains the right to discipline for excessive absenteeism. At the time of resignation or termination, the City Manager will be compensated for FIFTY PERCENT (50i°) of unused sick leave which has been accrued to the effective date of resignation or termination (except for ca.use). The method of .compensation shall be on a straight time pay basis st the rate of pay in effect at the time of termination. HOLIDAY: SECTION 1. The_City Council and City Manager agree to incor- porate into this Memorandum the following holidays to be eliminated and have floatinC, holidays replace them. The holidays to .be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, Admis.,ion Day and Veteran's Day. (Page 1 of 3) (a) The total number of floating holidays is five (5), with al',. floating holidays available at the beginning of the calendar year. All floating holidays to be taken off are subject to operational and scheduling factors. (b) No floating holiday may be carried.over to another calendar year. Section 2. The City Manager shall be allowed the following paid holidays: New year's Day (January 1), Martin Luther King Day (3rd Monday in January), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Thanksgiving Day (4th Thursday in November), day after Thanksgiving (4th Friday in November), Christmas Day (December 25). Personal Leave Day may be taken on any day of the employee's choosing, JLLUJeV~ to operational and scheduling factors, and notification of City Council is required. When a holiday named in this regula- tion falls on Sunday it shall be observed on the following Monday. When a holiday named in this regulation falls en Saturday, it shall be observed on the preceding Friday. RETIREMENT POLICY: The City agrees to pay the City Manager's contribution for the Public Employees' Retirement System (PERS). Retirement compensation shall be computed on the employee's one (1) year's highest earnings. ANNUAL VACATION LEAVE: The City Manager shall accrue ten (10) work- ing days of vacation leave without limit cn the accrual. Vacation leave may be taken at any time, subject to the needs of the City and notification of the City Council. The City Manager. must take a minimum of one (1) day of accrued vacation time each time vacation is requested. Deviation from this policy is allowed only with the written approval of the City Council. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall r.ot be charged as vacation '!~ leave, and the vacation leave shall be extended accordingly. JI Upon termination, the City Manager shall be paid in a lump sum for all accrued vacation leave prior to the effective date of termination. LEAVE OF ABSENCE: Leave of Absence to be determined by City Council upon request by the City Manager. BEREAVEMENT LEAVE: In the event of a death in the employee's immediate family, the City Council-may grant a three (3) day be- reavement leave with pay. "Immediate family" is defined as mother or father or grandparents of employee or mate; mate, brother, sister, children or grandchildren of employee. EMERGENCY LEAVE: In the event of an emergency, the City Manager may be granted the use of a maximum of two (2) days sick leave annually as emergency leave. Application for emergency leave may be under the following conditions: (1) hospitalization or illness in immediate family; and, (2) deatY. in family not covered by .bereavement leave; (3) other events which preclude the employee's attendance at work and which the City Council deteru;ines constitutes an emergency. JURY DUTY: The City of Lynwood has the practice whereby a full-time employee of the City of Lynwood who has been called for jury duty , will be paid at the employee's regular hourly rate of salary h1IDIUS the amount paid by the courts. SERVICE DISABILITY: Under the provisions of the Worker's compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment, rendering them unable to perform their duties. The City of Lynwood provides full salary continuance for ninety (90) days to the City Manager when disabled by injury or illness arising out of and in the course of his duties. Time off work, due to an on-the-job injury, is not deductible from accumulated sick leave for a period not to exceed ninety (90) days. Thereafter, compensation shall be only as provided i•n~_the Trlorker's Compensation Insurance and Safety Act. {Page 2 of 3) SAVINGS CLAUSE: Any resolution of the City incorporating any provisions of .this Memorandum shall provide that if any provision of this Memorandum, or of such resolution of any kind, is at any time or in any way held o be contrary to any law by any Court of proper jurisdiction, the remainder of this Memorandum and the remainder of such resolution shall not be affected thereby and sha17 remain in full force and effect. DURATION: This agreement is to cover the City Manager until June 30, 1985. CITY OF LYNWOOD 11330 Bullis Rozd Lynwood, California 90262 1,~L E.L. MORRIS, MAYOR July 31, 1984 (DATE) ATTEST: CITY MANAGER ~• CHARLES G. GOMEZ July 31, 1984 (DATE) ~L-e~~/~!~ C/1 i ANDREA L. HOOPER, CITY CL RK July 31, 1984 (DATE) (Page 3 of 3)