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R-7908 "" ~ . e RESOLUTION NUMBER 790B(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 com.pensation 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 members 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, Director of Cultural and Recreation Services, Director of Transportation, Fire Chief, - 1 - . , e . Police Chief, Director of Municipal Airport, and Director of Information Services. In addition, the city Manager's Off ice Administrator, Council Office Administrator, Senior Management Analysts, Management Analysts I and Risk Manager on the Ci ty 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. B. July 1989 Wage Adjustments. Effective July 2, 1989, the E-step salaries for the participants in the Executive pay Plan shall be adjusted by 5.1%. 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, 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 - 2 - . , e e compensatory time. However, the City Manager f 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 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. - 3 - e . 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 I s decision. The dec is ion 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 Municipal Code, and that denial of such payments does not constitute a demotion. F. Deferred Compensation. participants in the Executive Pay Plan who participate in the City'S Deferred Compensation Plan - 4 - e e shall receive from the City an amount equal to the amount that the employee is contributing toward the Deferred Compensation Plan, to a maximum of $200.00 per month. Effective July 1, 1989 on behalf of each participating employee for whom the city contributes $200 to the Deferred Compensation Plan, the city shall contribute an additional $125 per month to the Plan without regard to any increased contribution by the employee. 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. Participants in the Executive Pay Plan shall receive mental health insurance 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, 1989, the City agrees to pay up to a maximum of $310 per month towards the cost of medical insurance coverage for employees and eligible dependents provided that employees covered herein participate in - 5 - . . the city-offered medical insurance programs. The cost of medical insurance coverage will be set each July 1st 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, by the total number of employees enrolled in said medical plans as of July 1st. 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 Executi ve Pay Plan whose combined retirement age and years of City service equals or exceeds 70 shall be entitled to a city-paid medical insurance plan upon retirement. For eligible - 6 - e . 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. 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 of vacation beyond these limits in individual cases where the employee has been unable to use vacation due to work demands. 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. - 7 - e e 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 Executive Pay Plan may elect annually to receive a payoff at their base salary rate for unused sick leave as follows: - s - '" e e 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 a 1 11 2 7 2 10 3 6 3 9 4 5 4 a 5 4 5 7 6 3 6 6 7 2 7 5 a 1 a 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 and Library Non-Professionals MOU. All other participants in the Executive Pay Plan shall receive the following paid holidays: - 9 - e e 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. 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. T. 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 - 10 - e e 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. 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 e1T1ployee I s ti1T1e or on authorized vacation leave. SECTION 3 : This Resolution shall be effective for the period July 1, 1989 to June 30, 1990. - 11 - . . e e 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: ~ Vv\.. U-- ROBERT M. MYERS city Attorney (execreso) - 12 - . e Adopted and approved this 19th day of September, 1989. o e-May3~ I hereby certify that the foregoing Resolution No. 7908(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on September 19, 1989 by the following Council vote: Ayes: councilmembers: Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: '- ~ ~-~ - - :. t - - _ - r.Jj~~ : _ ,- ~ - City c.J#frk-- --~~