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R-6753 . . RESOLUTION NUMBER 6753 (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING AN EXECUTIVE PAY PLAN WHEREAS, it is the mutual desire of the City of Santa Monica, the City's Department Heads and certain members of the Executive Staff of the City Manager's Office to establish an Executive Pay Plan: and WHEREAS, an Executive Pay Plan will establish the wages and benefits of the City's Department Heads and those members of the Executive Staff of the City Manager's Office who choose to exercise their right under Ordinance Number 801 (CCS) to represent ~hemselves indivirlual1y in their employment relations with the City, 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 members of the Executive Staff of the City Manager's Office who choose to represent themselves individually under Ordinance Number SOl. 1 . . SECTION 2: The elements of the Executive Pay Plan shall be as follows: A. partici~ants. Participation in the Executive Pay Plan shall be limited to the Assistant City Manager, Deputy City Manager, Building Officer, City Engineer, City Librarian, Director of Civic Auditorium, Director of Community and Economic Development, Director of Finance, Director of General Services, Director of Personnel, Director of Planning, Director of Recreation and Parks, Director of Transportation, Fire Chief, and police Chief. In addition, the City Manager's Otfice Administrator, Council Office Administrator, Senior Administrative Analysts on the City Manager's Staff and Analysts on the City Manager's staff may Administrative participate in the Executive Pay Plan if they choose to individually represent themselves under the terms of Ordinance Number 801. Members of the City Manager's Executive 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. Individuals who exercise that right cannot again become participants in the Executive Pay plan during the term of this Resolution. 2 . . B. July 1, 1983 Wage AdJustments. Effective July 1, 1983, the E-step salaries for the participants in the Executive Pay Plan shall be adjusted as follows: Assistant City Manager Deputy City Manager Building Officer City Engineer City Librarian Director of Civic Auditorium Director of Community & Economic Development Director of Finance Director of General Services Director of Personnel Director of Planning Director of Purchasing Director of Recreation and Parks Director of Transportati~n Fire Chief Police Chief Ci ty Manager's Office Admhdstrator July 1983 July 1983 6% 4% 4% 4% 4% 4% 4% 4% 6% 4% 4% 4% 4% 4% 4% 6% 4% in lieu of STA adjustment 4% in lieu of STA adjustment 2% 2% Council Office Administrator Senior Administrative Anal~st Administrative Analyst For the purposes of applying the above noted percentage increase, the E-step of tine Senior Administrative Analyst who serves as assistant to the City Manager shall be $2906/month. C. Subsequent Annual wage Adjustments. Effective July 1, 1984, and July 1, 1985, the E-step sa1ari~s of Executive Pay Plan participants shall be adjusted by the percentage increase in the Revised Consumer Price Index (For Urban Wage Earners and Clerical Workers, 1967=100) for Los Angeles-Long Beach-Anaheim, published by the United States Department of Labor, Bureau of Labor Statistics, from April 1 of the year preceding the wage increase to March 31 of the year of the wage increase, 3 . . provid~d, however, that the percentage wage adjustment shall not be less than three percent (3%) or greater than five percent (5\). D. City Payment of Employee Contribution to PERS. Participants in the Executive Pay Plan who currently receive City payment of the employee contribution to PERS shall continue to receive that benefit. Effective July 1, 1983, the City shall pay the employee contribution to PERS on behalf of the Deputy City Manager and the Police Chief. E~ Hours of Work and Overtime. Participants in the Executive Pay Plan work during the normal business hours of the City and, in addition, devote whatever time is necessary to accomplish the work uf their offices without overtime compensation. Participants in the Executive Pay Plan may not accrua compensatory time. However, the City Manager's Office Admini~trator and the Council Office Administrator may receive overtime pay when work performed outside the normal business hours ~f the City is also clearly outside the scope of their assigned Departmental responsibilAties. F. 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 any fiscal year. Said evaluation shall ihclude an assessment of general management skills and specific accomplishments of each individual employee. The City Manager or his designee shall 4 . . meet with each individual employee to discuss the evaluation anc shall establish mutually agreed upon performance criteria upon which the following year's evaluation shall be based. The oral evaluation shall be followed by written evaluation within ten (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 payment of one percent (1%) to ten percent (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 late~ than 30 days following the-date of the evaluation. Said 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 tu exceed 4.5% 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, in the opinion of the City Manager, no cash payment is warranted by an employee's performance, the employee shall have the opportunity to present, within ten days of notification that no payment is due, additional information that might alter the City Manager's 5 . . 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 Chart~r and Section 2l05E of the Municipal Code, and that denial of such payments does not constitute a demotion. G. Deferred Compensation. Participants in the Executive Pay Plan who participate in the City's Deferred Compensation Plan shall receive from the City an amount equal to the amount that the emploYeE is contributing toward the Deterred Compensation Plan, to a maximum of $75.00 per month. H. Annual Physical Exam. Participants in the Executive Pay Plan shall receive an annual physical examination at City expense. I. Mental Health Insurance. Participants in the Executive Pay Plan shall receive mental health insurance coverage at City expense. J. 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 180 day elimination period. 6 . . K. Health and Dental ~nsurance. The City shall pay the full premium of existing fee for service or health maintenance organization (HMO) coverage for participants in the Executive Pay Plan and eligible dependents. In Fiscal year 1985-86, the City may raise the fee for service deductible to a maximum of $200 per individual family member and may require that the employee contribute the difference in premium between co-payment HMO's and non-copayment HMO's. L. Management Leave. Participants in the Executive Pay Plan shall receive six management leave days 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 thirty days from the end of the fiscal year in which the leav~ days were earned but unused. M. Vacation Leave. Participants in the Executive Pay Plan shall receive vacation leave as provided in Section 21048 of the Municipal Code, provided, however, that the City Manager may authorize the accrual of vacation beyond the limits of Section 21048 in individual cases where the employee has been unable to use vacation due to work demands. N. Sick Leave. Participants in the Executive Pay Plan shall earn sick leave as follows: (1) Upon completion of six months of service, six days. 7 . . (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 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 Service Sick Leave Days Sick Leave Days Used In Fiscal Year Days PayabJ.e Used In Fiscal Year Days 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 a 4 9 or more 0 9 3 10 2 11 1 12 or more 0 A maximum accrual limit of one-hundred and thirty ( 130 ) days of sick leave is applicable to any employee who has elected payoff at any time during his or her employment. O. Holidays. The Director of Transportation shall receive those paid holidays prb\ided for the employees of the Transportation Department. The City Librarian Shall receive those paid hol~~ays provided for the Library Guild and Library Non-Professionals. All other participants in the Executive Pay Plan shall receive the following paid holidays: a . . New Year's Day Martin Luther King's Lincoln's Birthday Washington's B~rthday Memorial Day Independence Day Labor Day Thanksgiving Day January 1 January 15 February 12 Third Monday in February Last Monday in May July 4 First Monday in September 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 Birthday P. 9yerpayment 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 noti f ies 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 methGd 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 warr~nt. SECTION 3. This resolution shall be ef~tive for the period from July I, 1983, to June 30, 1986. Effective July 1, 1986, this resolution shall be deemed repealed and of no further force and effect. SECTION 4. Resolution Number 6590 (CCS) and Resolution Number 6742 (eeS) are hereby repealled. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. 9 . APPROVED AS TO FORM: f'~~ do ~..a-"l ,- ~ .,,,..~";:, 'fttft.~~fJJ1~t,. ROBERT M. MYERS City Attorney . 10 ! . . OF September ADOPTED AND APPROVED THIS , 1 983 . 27th , DAY ~~ MAYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6753 ._WAS DULY ADOPTED BY THE CITY COUNCIL QF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON September 27, AYES: NOES: ABSENT: ABSTAIN: . 1983 BY THE FOLLOWING COUNCIL VOTE: COUNCILMEMBERS: Conn, Epste~nt Press, Jennings, Reed, Zane and Mayor Edwards COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None ATTEST: /) '/r /0L/J"-" , ~_1 /(XU~ .~. CITY CLERK