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SR-9-C (3) ?tJ5-PCI q-e- PE:KB:kb Santa Monica, California Council Meeting: September 25, 1990 TO: Mayor and City council FROM: city staff SUBJECT: Executive Pay Plan Resolution INTRODUCTION This report requests that council adopt the attached Resolution amending the Executive Pay Plan. BACKGROUND city Department Heads, the executive staff of the city Manager's Office and the City Clerk are not represented by bargaining units. Their salary and benefit package is established by resolution. The attached resolution provides for increases in: 1) salary; 2) deferred compensation; and 3) management leave hours. It also provides for sabbatical leave. RECOMMENDATION It is recommended that Council adopt the attached resolution amending the Executive Pay Plan. Prepared By: Karen Bancroft, Director of Personnel Attachment: Resolution amending Santa Monica Executive Pay Plan - 1 - q-~ --~- ~ . RESOLUTION NUMBER 8094(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN WHEREAS, the Executive Pay Plan adopted by Resolution No. 7673 (CCS) has been in effect for one year; and WHEREAS, certain of its provisions require updating to reflect organizational changes and to update compensation and benefits provisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1: The City council does hereby establish an Executive Pay Plan which defines the wages and benefits of the City'S Department Heads and those member~ of the Executive Staff of the City Manager's Office who choose to represent themselves individually under Ordinance No. 801 (CCS) . SECTION 2: The elements of the Executive Pay Plan shall be as follows: A. Participants. Participation in the Executive Pay Plan shall be li~ited to the Assistant city Manager, Building Officer, City Librarian, Director of community and Economic Development, Director of Finance, Director of General Services, Director of Personnel, Director of Planning, Director of cultural and Recreation services, Director of Transportation, Fire Chief j - 1 - - --- -- , . Police Chief, Director of Municipal Airport, Director of Information Services, and City Clerk. In addition, the City Manager's Office Administrator, Council Office Administrator, Senior Manaqement Analysts, Management Analysts, and Risk Manager on the City Manager's staff may participate in the Executive Pay Plan if they choose to individually represent themselves under the terms of Ordinance No. 801 ( CCS) . Members of the City Manager's Staff who choose to be individually represented and become participants in the Executive Pay Plan shall have the right to stop participation in the Executive Pay Plan and to request representation by an appropriate unit subject to the approval of the City Manager. Individuals who exercise that right cannot again become participants in the Executive Pay Plan during the term of this resolution. The benefits and privileges of employment other than compensation for the Assistant city Attorney shall be the same as those that are provided or extended in the Executive Pay Plan. The compensation schedule of the Assistant City Attorney shall be the same as the compensation schedule established for Chief Deputy Ci ty Attorneys employed in the Deputy City Attorney III salary range pursuant to Memorandum of Understanding between the City and the Society of Public Attorneys of Santa Monica. B. July 1990 Wage Adjustments. Effective July 1, 1990, the E-step salaries for the participants in the Executive Pay Plan shall be adjusted by a minimum of 4%, or, if higher, by an amount equal to the percentage increase in the "cost-of-living" index as - 2 - - -- - - --- - L . measured by the consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Anaheim-Riverside, California, published by the U. S. Department of Labor, Bureau of Labor statistics, for the base period of April, 1989 to April, 1990. However, in no event shall said adjustment exceed 8%. In addition to the above adjustment, the following classifications in the Executive Pay Plan shall receive an equity adjustment in the amount indicated: Assistant City Manager 5.0% Director of General Services 2.0% Director of Transportation 2.0% Police chief 2.0% Director of Community & Economic Development 5.0% Director of Planning 10.0% Director of Personnel 2.0% Director of Municipal Airport 6.0% Director of Information Services 3.0% City Manager Office Administrator 5.0% Council Office Administrator 5.0% City Clerk 2.0% C. city Payment of Employee Contribution to PERS. All participants in the Executive Pay Plan shall receive full city payment of the employee contribution to PERS. D. Hours of Work and Overtime. Participants in the Executive Pay Plan are exempt employees under the Fair Labor Standards Actl work during normal business hours of the City and, - 3 - ! , ! j I ~ . in addition, devote whatever time is necessary to accomplish the work of their offices without overtime compensation. Participants in the Executive Pay Plan may not accrue compensatory time. However, the City Manager's Office Administrator and the Council Office Administrator may receive overtime pay when work performed outside the normal business house of the city is also clearly outside the scope of their assigned departmental responsibilities. E. Performance Based Compensation. The City Manager or his designee shall evaluate the performance of participants in the Executive Pay Plan annually. The evaluation shall be made no later than 45 days following the end of the fiscal year. Said evaluation shall include an assessment of general management skills and specific accomplishments of each individual employee. The city Manager or his designee shall meet with each individual employee to discuss the evaluation and shall establish mutually agreed upon performance criteria upon which the following year's evaluation shall be based. The oral evaluation shall be followed by a written evaluation within 10 working days if the employee so requests or if the City Manager or his designee deems it advisable. When, in the opinion of the City Manager, the capabilities and accomplishments of an individual employee have been exceptionally meritorious, a cash paYlnent of 1% to 10% of that employee's annual salary on June 30 of the fiscal year for which performance is being evaluated shall be made. The bonus shall be paid no later than 30 days following the date of the eva1 ua tien . Said - 4 - t I payments shall be regarded as one time bonuses and shall not become part of the employee's base salary. Said payments are subject to retirement contributions. A merit pool not to exceed 7% of the base salaries of the participants in the Executive Pay Plan shall be established annually from which any and all said payments shall be made. Nothing herein shall be construed as requiring that all pooled funds be distributed in any year. If an employee recommended for a cash payment prefers, the city Manager may provide paid time off in lieu of all or part of the cash payment provided that the value of the above alternative shall not exceed the cash payment originally proposed and the "merit pool" shall not be considered to be increased by virtue of election of this alternative. If, in the opinion of the City Manager, no cash payment or paid time off incentive is warranted by an employee's performance, the employee shall have the opportunity to present, within 10 days of notification that no payment is due, additional information that might alter the city Manager's decision. The decision of the City Manager, after consideration of any such additional information, shall be final and no appeal may be taken therefrom. It is expressly understood by participants in the Executive Pay Plan that the performance-based payments described in this section do not constitute a generally granted increase under Section 1100 of the City Charter and Section 2105E of the - 5 - . , Municipal Code, and that denial of such payments does not constitute a demotion. F. Deferred Compensation. On behalf of each participant in the Executive Pay Plan, the City shall contribute an amount equal to the maximum allowed by the Internal Revenue Code as of July 1, 1990 toward the Deferred Compensation Plan. For PERS purposes only, if allowed by PERS regulations, this contribution by the city shall be considered part of the employee's regular earnings. G. Annual Physical Exam. Participants in the Executive Pay Plan shall receive an annual physical examination at city expense. Participants may use their own personal physician for this physical provided that the cost does not exceed the cost of the City-offered program. H. Mental Health Insurance. Parti~ipants in the Executive Pay Plan shall receive mental health incurance coverage at City expense. I. Long Term Disability Insurance. Participants in the Executive Pay Plan shall receive long term disability insurance coverage at City expense. Subject to the usual provisions and exclusions of such insurance plans, the coverage shall be for 60% of salary after a 60 day elimination period. J. Health and Dental Insurance. Effective July 1, 1990, the City agrees to pay up to a maximum cf $350 per month towards the cost of medical insurance coverage fer employees and eligible dependents provided that employees covered herein participate in - 6 - . . the City-offered medical insurance programs. The cost of medical insurance coverage will be set at the beginning of each medical plan year and will be a "compositelt monthly insurance premium derived by dividing the total monthly premium for all medical plans offered by the City, except the PERS PORAe medical plans or any other PERS medical plans, by the total number of employees enrolled in said medical plans as of the beginning of the medical plan year. Any extra payment required to cover the cost of said medical insurance plans shall be paid by the employee electing such coverage. Dental insurance coverage shall be provided at no cost to employees and their eligible dependents provided that employees covered herein participate in the City-offered dental insurance programs. K. Vision Care. Effective upon the execution of this Agreement, the City agrees to provide vision care insurance, at no cost, to employees covered herein. The City retains the right to select the provider and to set the levels of coverage for said vision care insurance. The City also retains the right to change the provider of said vision insurance plan and/or the level of benefits provided under that plan without meeting and conferring. L. Life Insurance. Participants in the Executive Pay Plan shall receive $100,000 term life insurance at City expense. M. Retiree Medical Insurance. Participants in the Executive pay Plan whose combined retirement age and years of City service equals or exceeds 70 shall be entitled to a - 7 - ~ City-paid medical insurance plan upon retirement. For eligible retirees who are between ages 65 and 70, that plan shall be a Medicare-supplement plan. The City shall pay the premiums for the retiree only. Payments shall cease when the retiree reaches age 70. N. Management Leave. Participants in the Executive Pay Plan shall receive 120 management leave hours per fiscal year. Payment at the employee's base salary rate for any unused management leave days shall be payable to the employee upon termination or within 30 days from the end of the fiscal year in which the leave days were earned but unused at the salary rate in effect on June 30 of the year in which they were earned. In addition, participants in the Executive Pay Plan shall receive another 40 management leave hours per fiscal year that shall not be accruable from one fiscal year to the next and shall not be payable to the employee if not used by the employee during the fiscal year in which the leave hours were earned. O. Vacation Leave. Participants in the Executive Pay Plan shall receive vacation leave as provided in Section 2104H of the Municipal Code, provided, however, that they may accrue a maximum of three times their annual accrual rate. In addition, the City Manager may authorize the accrual ot vacation beyond these limits in individual cases where the employee has been unable to use vacation due to work demands. - 8 - --- --- - - -- -- -- Each employee covered herein shall accrue vacation leave on the following basis: 1) Following completion of the first six calendar months of completed service, six working days. 2) Thereafter, up to and including five completed years of service, one working day for each completed calendar month of service. 3) Thereafter, up to and including ten completed years of service, one and one-quarter (1.25) working days for each completed calendar month of service. 4) Thereafter, up to and including fifteen completed years of service, one and one-half (1.5) working days for each completed calendar month of service. 5) Upon completion of fifteen years of service and thereafter, one and three-quarters (1.75) working days for each completed calendar month of service. P. sick Leave. Participants in the Executive Pay Plan shall earn sick leave as follows: 1) Upon completion of the first six calendar months of completed service, six days. 2) Thereafter, one day per completed month of service. Other sick leave provisions shall be as contained in Section 21041 of the Municipal Code except that participants in the - 9 - . Executive Pay Plan may elect annually to receive a payoff at their base salary rate for unused sick leave as follows: Less Than 10 Years Service 10 Or More Years of Service sick Leave Days Sick Leave Days Used in Fiscal Days Used in Fiscal Days Year Payable Year Payable 0 9 0 12 1 8 1 11 2 7 2 10 3 6 3 9 4 5 4 8 5 4 5 7 6 3 6 6 7 2 7 5 8 1 8 4 9 0 9 3 10 2 11 1 12 or more 0 A maximum accrual limit of 130 days of sick leave is applicable to any employee who has elected payoff at any time during his/her employment. Q. Bereavement Leave. Bereavement Leave of not more than 40 hours with pay shall be provided for absence from duty due to the death of a member of the employee's immediate family, meaning spousel child, brother, sister, parent, step-parent, step-brother, step-sister, parent-in-law, son-in-law, daughter-in-law, grandparent, grandchild or any relative living in the same household. R. Holidays. The Director of Transportation shall receive those paid holidays provided in the UTU MOU. The city Librarian shall receive those paid holidays provided in the Library Guild - 10 - ~ and Library Non-Professionals MOO. All other participants in the Executive Pay Plan shall receive the following paid holidays: New Year's Day January 1 Martin Luther King's Birthday Third Monday in January Lincoln's Birthday February 12 Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November The Friday following Thanksgiving Day The Half-Day Immediately Before Christmas Day Christmas Day December 25 The Half-Day Immediately Before New Year's Day One Floating Holiday All other Holidays Declared by the city Council If the floating holiday is not taken off by June 30, it shall be paid off in July of the new fiscal year at the rate in effect at the end of the prior fiscal year. S. Sabbatical Leave. In recognition of the fact that the job demands placed on participants in the Executive Pay Plan often preclude them from engaging in endeavors that would contribute to career development and/or personal development and would thus be of benefit to the City, participants will be eligible to take a sabbatical leave for the purpose of said developmental activities. In addition to being of benefit to both the City and the employee, a sabbatical leave is viewed as a reward for good performance and years of service with the City. Sabbatical leave cannot be used for the following purposes: 1) parental leave: 2) engaging in an income-generating activity; or 3) engaging in an outside activity that would be prohibited by the Santa Monica Municipal Code. - 11 - '" An employee will be eligible for sabbatical leave at the conclusion of each seven years of service with the city. A sabbatical leave shall be for a three-month to six-month period of time. compensation for a sabbatical leave will be as follows: three months at full salary; more than three months up to six months at hal f salary. At the discretion of the city Manager, the sabbatical leave can be extended to nine months at half pay. While on sabbatical leave, the employee shall remain on acti ve status. If an employee qualifies for a sabbatical leave by virtue of years of service, the employee shall submit a written proposal to the City Manager, outlining the purpose of said leave. If the operational needs of the employee's department and the City can still be met and provided that the employee's job performance is such that a sabbatical leave is merited, upon the approval of the city Manager, the employee will be allowed to take the sabbatical leave. If a participant should leave the employment of the city during a sabbatical leave, the employee shall reimburse the city for all salary and benefits earned during the sabbatical leave up to the date of separation. Upon return to work, the employee will be required to continue his/her employment with the City for at least one year (twelve months) followir.g the conclusion of the sabbatical leave. If the employee should voluntarily terminate his/her employment during the twelve months following the conclusion of the sabbatical leave, the employee will reimburse the City for the full amount of the salary and benefits earned - 12 - --- -- - .. during the sabbatical leave. In addition, if it should later be determined that the sabbatical leave was used for a purpose which is prohibited under these provisions, the employee will reimburse the City for the full amount of the salary and benefits earned during the sabbatical leave. Any exceptions to these provisions will be at the discretion of the city Manager. T. Overpayment Remedy. participants in the Executive pay Plan shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City notifies the affected employee in writing. Reimbursement may be accomplished by a lump sum deduction from the next payroll warrant issued to the employee following notification, or by other reasonable repayment method mutually acceptable to the employee and the City, except that lump sum deduction shall be required if the next payroll warrant issued to the employee is the final or termination warrant. U. Tuition Reimbursement. The city will budget annually sufficient funds to provide each permanent line-item employee of the Executive Pay Plan tuition and required study material reimbursement for career improvement or job enhancement courses approved by the city Manager or authorized designee. Reimbursement shall equal the total cost of tuition (exclusive of lodging and meals) and the total cost of required study materials, provided however., that: A. The maximum annual amount of reimbursement per individual employee shall not exceed one thousand dollars ($1,000). B. The course of study must be approved in advance by the City Manager or authorized designee. - 13 - - ----- - --- ~ C. The course must be directed to qualifications for an employment position represented in the City work force or to enhancement of current job skills. D. The employee must exhibit some reasonable expectation of qualifying for the new position upon successful completion of the study course if that was the reason for the course. E. Reimbursement shall be made upon successful completion of the pre-authorized course and upon presentation of receipts and proof of satisfactory course completion. F. In no event shall the Cityl s reimbursement be reduced when there is an outside source of aid except in those cases where the aid from any outside source, plus the normal City reimbursement, exceeds the cost of tuition and study material for the approved study course. G. Only employees who have completed a probationary period with the city shall be eligible for this program. H. Courses for which tuition reimbursement will be made must be taken on the employee IS time or on authorized vacation leave. SECTION 3: This Resolution shall be effective for the period July 1, 1990 to June 30, 1991. SECTION 4: 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: ~ \tv'- ,~~ ROBERT M. MYERS City Attorney (execreso) - 14 - - ----- I . Adopted and approved this 25th day of September, 1990. D~ l~ I hereby certify that the foregoing Resolution No. 8094(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on Septemebr 25, 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Jennings, Reed ATTEST: .4 ;~J./:tLJ,j.bt-nt~ j4.sr - Ci P Clerk