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Home My Public Portal About85-093 (07-08-85)RESOLUTION NO, 85-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COT~IPR2,HENSIVE MEMORANDUM OF UNDERSTP.NDIDIG WITH THE CITY MANAGER r 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 Memo-randura of Understanding vaith the City Manager, as detailed in Exhibit "A": NOW, THEREFORE, the City Council of the City of Lynwood does hereby RESOI:VE as folloe+~s: Section 1. The Comprehensive ~4emora.ndum of Under- standing (Exhibit "A"), which includes all agreed-upon pro- visions and supersedes previous agreements between the City Pdanager, is adopted. Section 2. That relevant resolutions and policies be prepared, as necessary, to reflect the provisions of the attached Comprehensive Memorandum of Understanding. Section 3. This Resolution shall take effect immediate- ly upon its adoption. PASSED, APPROVED and ADOPTED this 8th day of July 1985. . ATTEST: ~1ND~S~HOOP~ CITY .LERK CITY OF LYNWOOD APPROVED AS TO FORM: ~' a CITY,'ATTORNEY U~ H D. BYORK, MAYOR CITY OF LYNWOOD APPROVED AS TO CONTENT: CHARLES G. GOMEZ, CITY AGER Noted: ~_~ - SANDRA L. CHAPEK, PERSONNEL MANAGER STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) i I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of adjourned Lynwood at a regular meeting held on the 8th day of July 1985. AYES: COUNCILMEN HENNING, MORRIS, ROWE, THOMPSON, BYORK NOES: NONE ABSENT: NONE ~~ ANDREA L. HOOPER, CITY CI,ERY. CITY OF LYNWOOD A COMPP.EHENSIVE MEMORANDUM OF EXHIBIT "A'~ UNDERSTANDING WITH THE CITY MANAGER IMPLEMENTATION: The terms and conditions of employment that are set forth in this memorandum have beer. discussed in good faith between the Citr Council and the Manager. Upon the adoption of a Resolution and/or policy statement regarding this memorandum, all terms and conditions of *_his memorandum so incorporated, shall become effective without any further action by either party. SALARIES/WAGES: In 1985, the City Manager shall receive a salary I of FOUR THOUSAND SIR HUNDRED TWENTY DOLLARS (4,620) per month. Be- ginning with the first full pay period in July, 1985, the City will increase the salary of the City Manager by FZVE PERCENT (5%) with no other increase for the term of this Agreement. EXECUTIVE LEAVE: It is agreed that the City Manager receive ONE HALF (z) day per month executive leave, plus an additional TWO (2) days annually, granted on January 1 of each year. Accrued executive leave may be taken at any time subsequent to notification of Council. Executive leave may not be accrued be- yond the present calendar year. Unused executive leave at the end of a calendar year will be lost. CAR ALLOWANCE: The City Manager shall be required to use his per- sonal vehicle for the purpose of conducting City business, and shall be reimbursed at the rate of TWO HUNDRED EIGHTY DOLLARS ($280) per month for all costs. INSURANCE COVERAGE: The City shall contribute up to ONE HUNDRED SEVENTY FIVE DOLLARS ($175) per month for the City Manager toward Health Insurance premiums. This contribution will be applied to the premium for the employee. If the employee elects to have de- pendent coverage under the existing Health plans, the City will apply the difference between the premium for the employee and SEVENTY FIVE>DOLLARS ($75) toward dependent coverage. The employee must pay the. remaining premium. Such payment will be made by pay- roll deduction. If the premium for employee coverage exceeds OATE HUNDRED SEVENTY FIVE DOLLARS ($.175), the City will continue to pay the entire premium for employee coverage only. The City will put into effect the 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 through June 30, 1986. The City shall provide life insurance in the amount of FIFTEEN THOUSAND DOLLARS (15,000) for the City Manager. SICK LEAVE POLICY: Sick leave with pay shall be granted at the rate of ONE (1) work day for each calendar month of service. Sick leave shall not be considered as a privilege which may be used at his discretion, but 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 notifi- cation is physically impractical. The City may require a physician's certificate and release to return to work whenever there is reason- able doubt as to the employee's ability to perform his duties satisfactorily and safely. The City maintains the right to disci- pline for excessive absenteeism. (Page 1 of 3) At the time of resignation or termination, the City Manager will be compensated for FIFTY PERCENT (50%) of unused sick leave which has been accrued to the effective date of resignation or termi- nation (except for cause). The method of compensation shall be on a straight-time pay basis at the rate of pay in effect at the time of termination. HOLIDAY - SECTION le The City Council and City Manager agree to incorporate into this Memorandum the following holidays to be ~ eliminated and have floating holidays replace them. The holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, ~ Columbus Day, Admission Day and Veteran's Day: (a) The total number of floating holidays is FIVE (5), with all 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. HOLIDAY - SECTION 2: The City Manager shall be allowed the follow- ing 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), the day after Thanks- giving (4th Friday in November), Christmas Day (December 25). Per- sonal Leave Day may be taken on any day of the employee's choos- ing, subject to operational and scheduling factors, and notification of City Council is required. No Personal Leave Day may be carried over to another calendar year. When a holiday named in this re- gulation falls on Sunday, it shall be observed on the following Monday. When a holiday named in this regulation falls on 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) working days of vacation leave without limit on 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 holiday(s) shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. 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. 3EREAVEMENT LEAVE: In the event of a death is 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. (Page 2 of 3) EPIERGENCY LEAVE: In the event of an emergenc}', the City Manager may be granted the use of a maximum of TWO (2) days sick leave annually as emergency leave. Applicarion for emergency leave may be under the following conditions: (1) hospitalization or illness in immediate family; and, (2) death in family not covered by bereavement leave; and (3) other events which preclude the em- ployee's attendance at work and which the City Council determines constitutes an emergency. SERVICE DISABILITY: Under the provisions of *_he Worker's Compen- sation Insurance and Safety Act of California, employees are com- i pensated for injuries sustained in the course of employment, render- ing them unable to perform their duties. The City of Lynwood pro- vides 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, compensatior. shall be only as provided in the Worker's Compensation Insurance and Safety Act. SAVINGS CLAUSE: Any resolution of the City incorporation any pro- visions 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 to be contrary to any law by and- Court of proper jurisdiction, the remainder of this memorandum and the remainder of such resolution shall not be affected thereby and shall remain in full force and effect. DURATION: This Agreement is to cover the City Manager until June 30, 1986. CITY OF LYNSd00D 11330 Bu11is Road Lynwood, California 90262 ~, JOH D. BYORK, AYOR DATE ATTEST: ANDREA L. HOOFER, CITY CLERK (DA E) l~ . _ CHARLES G. GOMEZ /~ (DATE) (Page 3 of 3)