R-8094
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RESOLUTION NUMBER 80941CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE EXECUTIVE PAY PLAN
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WHEREAS, the Executive Pay Plan adopted by
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 limited 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, Dir"ctor of Cultural and
Recreation services, Director of Transportation, Fire Chief,
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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 Management 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
City 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
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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
Director of General Services
Director of Transportation
Police Chief
Director of community & Economic Development
Director of Planning
Director of Personnel
Director of Municipal Airport
Director of Information Services
City Manager Office Administrator
Council Office Administrator
City Clerk
5,0%
2.0%
2.0%
2.0%
5.0%
10.0%
2.0%
6,0%
3.0%
5.0%
5,0%
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 Act, work during normal business hours of the city and,
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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 payment 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 evaluation. said
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payments shall be regarded as one time bonuses and shall not
become part of the employee's base sali:t.ry. 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 alte.rnative
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
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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
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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 "composite" monthly insurance premium
derived by dividing the total monthly premium for all medical
plans offered by the City, except the PERS PORAC 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
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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. Participant3 in the Executi ve 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,
0, vacation Leave, Participants in the Executive Pay Plan
shall receive vacation leave as provided in Section 2l04H 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 of vacation beyond these limits
in individual cases where the employee has been unable to use
vacation due to work demands,
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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
2104I of the Municipal Code except that participants in the
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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
spouse,
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
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and Library Non-Professionals MOU, 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.
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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 half 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 active
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 employeets 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 wi th the City for at
least one year (twelve months) following 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
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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.
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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 city'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's 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:
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ROBERT M. MYERS
city Attorney
(execreso)
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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:
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