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R-10343RESOLUTION NO. 10343 (CCs) ' (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXECUTIVE PAY PLAN WHEREAS, the City administration and representatives of the Executive Pay Plan have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of Santa Monica requires preparation of a written agreement between the administration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further provides that any such agreement shall not be binding unless and until presented to the governing body for determination; and WHEREAS, the purpose of the agreement is to promote and provide harmonious relations, cooperation, and understanding between the City and the Administrative Team Associates; WHEREAS, the Executive Pay Plan agreement incorporates all provisions of Resolution No. 8283. (CCS), Resolution No. 8470 (CCS), Resolution No. 8835 (CCS), Resolution No. 8978(CCS), Resolution No. 9105(CCS), Resolution No. 9139 (CCS), Resolution No. 9212 (CCS), Resolution No. 9405 (CCS), Resolution No. 9500 (CCS), Resolution No. 9665 (CCS), Resolution No. 9722 (CCS), Resolution No. 9971 (CCS), Resolution No. 10070 (CCS), Resolution No. 10086 (CCS), and Resolution No. 10153 (CCS); and WHEREAS, certain provisions of the aforementioned Resolutions shall be updated to reflect organizational changes and to update compensation and benefits provisions; and WHEREAS, the following additional changes will be made to the Executive Pay Plan to give employees parity with other City bargaining units: Clarify participation in the Executive Pay Plan by specifying that the plan covers Department Heads, that the City Clerk and the Risk Manager have the option of participating in the Executive Pay Plan, and that employees in at-will positions covered by a separate employment agreement will remain eligible per the terms of their separate employment agreements; Add a severance pay provision that will provide an employee with four (4) months of severance pay if his or her separation from the City was not the result of: a) willful misconduct; b) conviction of a crime involving moral turpitude; or c) consistent poor performance in .meeting specific objectives and/or pertorming the duties and responsibilities of his or her position; Provide that an employee covered herein is required to work on a holiday, he or she will be able to take another regularly scheduled work day off with pay during the fiscal year; Provide that an employee will accrue two (2) non-cashable management leave days each fiscal year, with the days being forfeited if not used by the end of the fiscal year; Provide that an employee will accrue one (1) cashable management leave day at the beginning of each fiscal year, which can be cashed out at the rate of eight (8) hours of the employee's base pay if he or she does not use the leave day during that fiscal year; and Change the current retiree medical insurance provision so that an employee who retires under CaIPERS will, within twelve (12) months of his or her separation from the City, receive that benefit if he or she-meets the applicable criteria, with the effective date of this change being retroactive of January 1, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Santa Monica does hereby approve and authorize the City Manager to execute the Executive Pay Plan, an agreement ratified by the employees covered by the Executive Pay Plan. Section 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ' ~~ MAFj SHA ES M TRIE City or e Adopted and approved this 23`d day of September, 2008. !II'~'~~ Richard Bloom, Mayor Pro Tem I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10343 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23`d day of September, 2008, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown Mayor Pro Tem Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor, Shriver Mayor Katz ATTEST: Maria M. Stewart, City Clerk