Loading...
HomeMy WebLinkAboutBob Wingenroth - 2009-03-02/�, �P C.�c /� ,1,J Council/Agency Meeting Held: Deferred/Continued to: Ap 2 edZ ❑ onditionally rove ❑ D Wiwi City Irk' r ignat Council Meeting Date: 3/2/2009 Department ID Number: 09-03 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINI RATOR --7 %�// SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BOB WINGENROTH FOR THE POSITION OF FINANCE DIRECTOR Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: A national recruitment has been completed for the position of Finance Director. The City Administrator is recommending the appointment of Bob Wingenroth to the position. Funding Source: The position of Finance Director is a budgeted position in the Fiscal Year 2008/2009. No additional funding is required. Recommended Action: Motion to: 1. Approve the appointment of Bob Wingenroth to the position of Finance Director, and 2. Approve and authorize the City Administrator to execute the Employment Agreement between the City of Huntington Beach and Bob Wingenroth for the position of Finance Director. Alternative Action(s): Do not approve the appointment of Bob Wingenroth for the position of Finance Director. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/2/2009 DEPARTMENT ID NUMBER: 09-03 Analysis: On June 17, 2008, the position of Finance Director for the city of Huntington Beach became vacant with the retirement of the Director. Since that time, the position has been filled by the former director in an acting capacity while the recruitment for the position could be completed. The City retained the services of the firm Alliance Resource Consulting, Inc. to conduct the recruitment for the Finance Director. The recruitment resulted in 51 applicants for the position. The applications were screened and five of those candidates were invited to an interview panel. The City Administrator and Deputy City Administrator Emery conducted follow up interviews. As a result, they recommend City Council approval to appoint Bob Wingenroth to the position of Finance Director for the City of Huntington Beach effective April 22, 2009. The compensation is recommended at control point (mid point) of the salary range of Finance Director, $173,368 annually. Strategic Plan Goal: C-2 The Finance Director will play a key role in the providing quality public services with the highest professional standards to meet the needs of the community. Environmental Status: k"1V Attachment(s): -3- 2/20/2009 9:57 AM ATTACHMENT #1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BOB WINGENROTH Table of Contents Section Page 1 DUTIES 2 STATUS AND TERM 3 SALARY 4 OTHER BENEFITS 5 ADMINISTRATIVE LEAVE. 6 TERMINATION AND SEVERANCE PAY. 7 DISABILITY . 8 PERFORMANCE EVALUATION 9 PROFESSIONAL DEVELOPMENT. 10 FINANCIAL DISCLOSURE. 11 INDEMNIFICATION. 12 GENERAL PROVISIONS 1 2 2 3 3 3 5 5 5 6 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BOB WINGENROTH THIS AGREEMENT is entered into this A day of 200_�_ between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and Bob Wingenroth subsequently called "Wingenroth." WITNES SETH The City Administrator has been empowered to appoint and remove department heads, with approval of the City Council; and The City, through the City Administrator, desires to employ the services of Wingenroth as a department head, Director of Finance of the City of Huntington Beach; and It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Wingenroth; and It is the desire of the City to: (1) Secure and retain the services of Wingenroth and to provide inducement for him to remain in such employment; (2) To provide a means for terminating Wingenroth's service at such time as he may be unable fully to discharge his duties due to disability or when City may otherwise desire to terminate his employ; and Wingenroth desires to accept employment as Director of Finance of the City; NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. City agrees to employ Wingenroth as Director of Finance of the City to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as the City Administrator shall from time to time assign. Wingenroth 08-1899/WINGENROTH agreement I shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Wingenroth shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at -will employee of the City. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Wingenroth at any time, subject only to the provisions set forth in Section 6, paragraphs (a), (b) and (c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Wingenroth to resign at any time from his position with the City, subject only to the provisions set forth in Section 6, paragraph (d), of this Agreement. (d) Wingenroth agrees to remain in the exclusive employ of City for an indefinite period and shall neither accept other employment or become employed by any other employer without the prior written approval of the City Administrator until notice of resignation is given. The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self employment, however, shall not be construed to include occasional teaching, writing, consulting, or military reserve service performed on Wingenroth's time off, and with the advance approval of the City Administrator. SECTION 3. SALARY. City agrees to pay Wingenroth a base salary at the control point for Director of Finance (currently $83.35 per hour) for his services rendered pursuant to this Agreement. Wingenroth's base salary may be adjusted when necessary or convenient by the City Administrator within the salary range of the City's classification and compensation plan or resolutions or ordinances from time to time enacted that govern such compensation. SECTION 4. OTHER BENEFITS. 08-1899/WINGENROTH agreement 2 A. MOVING EXPENSES. CITY will reimburse EMPLOYEE his temporary rental housing expenses incurred prior to October 22, 2009, and reasonable moving expenses in an amount not to exceed $5,000. B. In addition to the foregoing benefits, Wingenroth shall also receive all such other benefits that are generally applicable to nonassociated employees (department heads) hired after December 27, 1997, as set forth in Huntington Beach City Council Resolution No. 2007-89, entitled "A Resolution Of The City Council Of The City Of Huntington Beach Modifying Salary And Benefits For Non -Represented Employees," a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. The benefits provided to Wingenroth pursuant to this section may be modified by City from time to time, upon adoption of a successor resolution. SECTION 5. ADMINISTRATIVE LEAVE. The City Administrator may place Wingenroth on Administrative Leave with full pay and benefits at any time during the term of this Agreement. SECTION 6. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the event the City Administrator terminates the employment of Wingenroth, and during such time that Wingenroth is willing and able to perform his duties under this Agreement, then City shall pay to Wingenroth a severance payment equal to salary payments which Wingenroth would have been receiving over a twelve week period at Wingenroth's current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of ninety (90) calendar days after the date of termination or the time Wingenroth secures health and medical insurance through attainment of comparable employment, the City shall maintain and pay for health, medical, disability, the continuation of retirement benefits and life insurance in such amounts and on such terms as have been received by Wingenroth and Wingenroth's dependents at the time of such termination; however, no other or additional benefits shall accrue during this ninety (90) calendar -day period. 08-18991WINGENROTH agreement 3 (b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Wingenroth without severance pay: (i) a willful breach of this agreement or the willful and repeated neglect by Wingenroth to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with City; (iii) conviction of a felony. (2) Prior to the time that the City Administrator terminates Wingenroth without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Administrator shall provide Wingenroth with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, Wingenroth may request an opportunity to respond to the reasons and factual basis provided by the City Administrator. If such a request to respond is made, the City Administrator shall conduct a meeting, which may be informal in nature, at which Wingenroth may respond to the notice of proposed termination. At such meeting, Wingenroth may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Administrator as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as between the parties. (c) In the event City at any time during the term of this Agreement reduces the ti<ary of Wingenroth from its then current year level, except as part of an across-the-board reduction for all department heads of City, or in the event City refuses, following written notice, to extend to Wingenroth any nonsalary benefit customarily available to all department heads, or in the event Wingenroth resigns following a suggestion, whether formal or informal, by the City Administrator that he resign, then, in those events, Wingenroth may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in paragraph (a) above; provided that such option to be deemed terminated must be exercised by 08-1899/WINGENROTH agreement 4 written notice from Wingenroth to the City Administrator within ten (10) working days of notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the severance payment shall be calculated from the date Wingenroth exercises the option to be deemed terminated. (d) In the event Wingenroth voluntarily resigns his position, Wingenroth shall give City written notice at least sixty (60) days prior to the last workday, unless the City Administrator and Wingenroth otherwise agree. (e) It is understood that after notice of termination in any form, Wingenroth and City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 7. DISABILITY. If Wingenroth is totally disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, he shall be eligible for Disability Leave upon exhausting all accrued sick leave and vacation leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Administrator for a time period of up to three (3) months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Wingenroth. If Wingenroth is unable to return to work at that time, City shall have the option to terminate the employment of Wingenroth, subject to the requirements imposed on City by Section 6, paragraph (a). SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Wingenroth at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Wingenroth and the City Administrator. Those criteria may be added to or deleted from as the City Administrator may from time to time determine, in consultation with Wingenroth. SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for Wingenroth's professional memberships as normally accorded to department heads. Wingenroth shall also receive paid leave, plus registration, travel and reasonable expenses for 08-1899/WINGENROTH agreement 5 short courses, conferences and seminars that are necessary for his personal development and, in the judgment of the City Administrator, for the good of the City, and subject to budget limitations and to establihed travel policies and procedures. SECTION 10. FINANCIAL DISCLOSURE. Wingenroth shall report to the City Administrator any ownership interest in real property within the County of Orange, excluding personal residence. Also, Wingenroth shall report to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from which City intends to make a purchase. Such reporting shall be made in writing by Wingenroth to the City Administrator within ten (10) calendar days of the execution of this agreement and further within ten (10) calendar days of acquisition of that interest in real property. Additionally, Wingenroth shall report in writing to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from whom City intends to make a purchase immediately upon notice of the intended work or -purchase. SECTION 11. INDEMNIFICATION. City shall defend and indemnify Wingenroth against any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Wingenroth's duties as an employee or officer of City, other than an action brought by City against Wingenroth, or an action filed against City by Wingenroth. In addition, City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Wingenroth should Wingenroth be subject to such, should an action be pending after termination of Wingenroth. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Wingenroth, and pay the amount of any settlement or judgment rendered on that action. Wingenroth shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 12. GENERAL PROVISIONS. n (a) The text herein shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing April 22, 2009. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties herein. IN WITNESS THEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Administrator, and Wingenroth has signed and executed this Agreement, both in duplicate, the day and year first above winitten. jCity - in nistrator BOB WINGENROTH AUROVED AS TO FORM: ity Attorney 08-1899/WINGENROTH agreement 7 RESOLUTION NO. 2007-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS FOR NON -REPRESENTED EMPLOYEES WHEREAS, the City Council of the City of Huntington Beach desires to modify salary and benefits for non -represented employees upon adoption of this resolution, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. Salaries and benefits for non -represented employees shall be as reflected in EXHIBIT A. SECTION 2. Except as modified, existing benefits shall remain in effect. SECTION 3. Any resolution in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of December , 2007 REVIEWED AND APPROVED: LAO"\ Coy Admin trator X" 64k,_ Mayor APPROVED AS TO FORM: ffC ttorney INITIA. AND APPROVED: /f. Deputy City Administrator -City Services Exbibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT A- NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISION...................................................................................................1 SECTIONI PAY.......................................................................................................................1 A. SALARY Sc1 IEDULE....................................................... ..--- ........ ... ........ ............... ...... I ................. I ....... 1 B. DIRECTDEPOSIT....................................................•--.....................-----.................................................i C. ASSIGNED VEHICLE/AUTO ALLOWANcE...................... ........... ........................................................ 1 1. Department Heads ---•......... . ................. .._....... ..................... .............. ,............................................ ..1 SECTION I1- HOURS OF WORK/OVERTIME/TIME OFF ............................................ I A- ExEcurivE LEA�T.............................................................................................................................. I B. FLEXIBLE AND ALTERNATIVE WORD SO-iEDULES.........................................................................1 SECTION III -- HEALTH AND OTHER INSURANCE BENEFITS.................................2 A. HEALTHINSURANCE............................................................................................................................2 1. Medical, Dental and Vision Insurance ......... .................................................................................. ..........................2 2. City and Employee Paid Health Insurance ................... .................. _......._...... .............. .......................................... 2 3. Medical Cash Out ............................................... ........ _._-._................... ................. .........7 4. Section 125 Plan_ ............ .._......................... ----........_...............................---........._............_...............................-7 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT' INSURANCE.........................................7 C. LONG TERM DISABILITY INsi JRANc E...............................................................................................7 D. CITY PAID PHYSICAL EXAMINATIONS................•.............................................................................8 E. MISCELLANEOUS..................................................................................................................................8 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREESUBSIDY PLAN ............................................... ............................................. .......................... 8 G. POST-65 SUPPLEMENTAL. MEDICARE COVERAGE...........................................................................8 SECTION IV - RETIREMENT.............................................................................................9 A. BENEFITS...............................................................................................................................................9 1. Public Employees' Retirement System__ ...... ............. .................. ..... _ ........... ......... ......... ... _ .............. _3 2. Self -Funded Supplemental Retirement Benefit ..................... __............................................................. ................. 9 3. Medical Insurance for Retirees...._.............................................................................................................................9 4. 2.5 Percent at Age 55 Formula .... ..................................... ................... ............................... ___ ................ .......... ....9 5. Three Percent (3%) at Age 50 Formula .......................... ..... ................. ___ .... ..................... ......... .............. ......... ..10 6. Pre -Retirement Optional Settlement 2 Death Benefit.........................................................................................10 7. Fourth Level of 1959 Survivor Benefits ....... ..................................... ......_....._.............. .......... ......... ..................... 10 B. PUBL.IC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING....................10 1. Employees' Contribution.-•-------•............................................................................. ...................... .................... ...... 10 SECTION V - LEAVE BENEFITS......................................................................................10 A. GENERAL LEAVE................................................................ .......10 1. Accrual ....................................... ......................----•-----........_------------------------------------------------------------------ -----.... .._......10 2. Eligibility and Approval .................................. 3. Leave Benefit Entitlements ...........................................................................................................11 4. Conversion to Cash ........................ .............................................................................. .............................................. I I Non Associated Find 12-17-07 - Reso U Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION B. HOLIDAYS AND PAY PRovisioNs .............. _ ................................................................................... 12 C. SICK LEAVE ......................................................................................................................................... 12 1. Accmal ........ ....................................................... ........... _ ........................................... . ............................................. 12 2. Credit ................. ............. ......... I .... ...................... .... . .... 1-1 . ........................... ­_ ........... ......... __ ............... ........... 12 3. Usage .......... __ ...... _ ...... ............... ..................... - ................................................ . ...................................................... 12 4- Pay Off at Termination .......... .... .................... ................... .......................................................... 12 D. BEREAVEMENT LEAVE .................. _ ............. I ........... I ............... .................................................. 13 E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM......................................................13 SECTION VI — RETIREE SUBSIDY MEDICAL PLAN .....................................................13 SECTION VII - MISCELLANEOUS .................................................................................... 14 A. COLLECTION OF PAYROLL OVERPAYMENTS .................... ........ ................................................... 14 B. UNIFORMS AND CALPERS REPORTING......................................................................................... 14 EXHIBIT I - NON -ASSOCIATED SALARY SCHEDULE ................................................. 15 EXHIBIT 2 - RETIREE MEDICAL PLAN .......................................................................... 18 EXHIBIT 3 - 9/80 WORK SCHEDULE ............................................................................... 22 EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION .............................24 Non Associated Final 12-17-07 - Reso it Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS EXHIBIT A SECTION I — PAY A SalaKy Schedule 1. All current Non -Associated employees shall receive the salaries as identified in Exhibit 1, except for those elected employees identified in Exhibit 1. 2. The City Council shall set the salaries of the elected executive management positions identified in Exhibit 1, at any rate within the designated salary rartge. 3. The City Administrator is authorized to set the salaries of the non -elected executive management positions identified in Exhibit 1 at any rate at or below the control point of the designated salary range. The City Administrator is authorized to increase the salary by any percentage not greater than 5% based upon performance at annual review and market data; however, no salary for a new employee may be set above the control point at any time without Ciry Council appmvaL B. Direct Deposit All Non -Associated employees are required to utilize direct deposit of payroll checks. C. Assigned Vehicle/Auto Allowance Department I -leads Appointed Department Heads and the City Clerk, City Treasurer, and City Anomey shall have the option of an assigned city vehicle or an auto allowance in the amount of two hundred thirty dollars and seventy-seven cents ($230.77) per biweekly pay period plus reimbursement of out-of-town travel at the approved mileage rate. SECTION II -- HOURS OF WORK/ TIME OFF A Executive Leave Non -Associated exempt employees shall not be eligible for overtime compensation. Exempt department heads shall be credited with eighty (80) hours of executive leave per calendar year. B. FIexible and Alternative Worst Schedules 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week with a one -hour lunch during each work shift, totaling a forty (40) hours work week 2. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in each FLSA designated workweek The 9/80 work schedule shall not Non .Associated Final 12/17/07 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION reduce service to the public, departmental effectiveness, productivity and/or efficiency as detern3ined by the City Administrator or designee. 3. Alternative Work Schedule Non -associated employees may elect any alternative work schedule approved by the City Administrator or designee. SECTION III — HEALTH AND OTHER INSURANCE BENEFITS A- Health Insurance i. Medical. Dental and Vision Insurance The city shall continue to make available group medical, dental and vision benefits to all Non - Associated employees. 2. Ckyand Employee Paid Health Insurance The City and the employee shall pay for health insurance premiums for employees and qualified dependent(s) effective the first of the month following the employee's hire date. The employee payroll deduction for premium contributions shall be deducted on a pre-tax basis. Such deductions shall be aligned with the effective date of coverage and the ending date of coverage upon employment separation. The employee's payroll deduction amount shall begin no later than the beginning of the first full pay period following the effective date of coverage and pro -rated for coverage through the end of the month in which employment was separated. Non Associated Final 12-17-07 - Reso 2 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION i. Health Plan Employee and Employer Contributions Chart for Classifications in EXHIBIT I Employer Contributions effective January 16, 2007 - December 31, 2007 JA. ��.R _10 Wz� all? ✓V F�?-x_g t EE ONLY $352.29 $644.97 $463.20 $31634 $24,87 $5831 $2238 EE +1 $767.75 $1,383.42 $979.29 $692-78 $4229 $108.85 $22.38 EE + 2 OR MORE $993.82 $1,809.14 $1.213.63 $911.06 $64.67 $143.45 $22.38 'IE IMPWV� Nr wl- EF_ ONLY $301.43 $411.15 $411-15 $301.43 $24.15 $45.02 $18.46 FEE + 1 $611.06 $772,48 $772.48 $611.06 $41.07 $85.91 $18.46 EE + 2 OR MORE $792.20 $936.47 $936.47 $792.20 $62.90 $122.18 $18A6 alt AQ EE ONLY $50.86 $233.82 $52.05 $14.91 $0.72 $1329 $3.92 EE +1 $156.69 $610.94 $206.81 $81.72 $1.22 $22-94 $3.92 EE + 2 OR MORE $201.62 $872.67 $277.16 $118.86 $1.87 $21.27 $3.92 'y" ft 7T 0 N.'. WPr = EE ONLY $23.47 $107.92 $24,02 $6.88 $0.33 $6.13 $1.81 EE + 1 $72.32 $2 1.97 $95.45 $37.72 $0.56 $10.59 $1.81 EE + 2 OR MORE 1 $93.06 1 $402.77 $127,92 $54.86 $0.86 $9.82 $1.81 Non Associated FiYW 12-17- 07 - Reso Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2008 Health Premiums and Contributions Effective 1/112008— 12/31/2008 Non Associated Final 12- t7-07 - Reso Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION ii. "Safety Member" Health Premiums - Employer Contribution Employees that are classified as "safety member" by the California Public Employees' Retirement System (CalPERS) may have access to the medical plans offered by CaIPERS as contracted by the Cary. In accordance with eligibility provisions, the Police Grief and the Fire Chief may elect to enroll in the CalPERS health insurance program offered by the City. The (1y7s maximum monthly employer contributions for the CalPERS health insurance program is set forth in the chart below. The amounts listed below include the mandated Public Employees' Medical and Hospital Care Act (PEMHCA) contribution. Employer contribution rates effective,januaiy 16, 2007 -- December 31, 2007 ,�"�. .. :r3y"��t<:,Y _ :i}=�� ;::a'�w," ,;,.-^ -_�Ef-- - �;5y4;, ::'�"r:��' ,M;.s� ""«.e.7»;; �'p'` f�3'[x, "ti`:�--+:i'• "'"x',fr�s +�. _ :yifi - i <F -[- y ~.t:i_ A:.�,!c's.4 g's0!" A ,.n'"i- '.` _ �' -` -.l":' - _ e .,�� p�fr��e, `�, �E .}".•..: is 3. '� °.t,'tw _'�. �'. '� ?4'%`�. 9'! - .3zbi '&r _ �+�T 48'.` '� •. '-i'•'' �'�' Rif Yt Rs. :ry-T'_ r,p�rv, � � � �.ifi ,id�VS�: y;�„(,+.£;>�t; -. "i:... ,.:. `��°'J, r �':' _ _ EE ONLY $407.02 $731.40 $432.64 $439.00 $360.60 $24.87 $5831 $22.38 EE +1 $814.04 $1,462.80 $86528 $822-00 $721.20 $42.29 $108.85 $22.38 EE + 2 OR MORE $1,05825 $1,901.64 $1,124.96 $1,045.00 $937.56 $64.67 $143.45 $22.38 t f x 1?Elmr v#�;,� . rye 3FPMY - '!<ih-Y :Che� ,- -rz is I jk;, 3 a T� K C°r4'WF'•fnsh•Y�Y',.,;.$.•ose ' 'd EE ONLY $301.43 $411.15 $411.15 $411.15 $301.43 $24.15 $45.02 $18.46 EE +1 $61L06 $772.48 $772.48 $772.48 $611.06 $41.07 $85.91 $18.46 EE +2ORMORE $79220 $936.47 $936.47 $936.47 $792,20 $62.80 $122.18 $18.46 .. ~ F EE ONLY $10559Y $320.25Y $21.49 $27.85 $59.17 $0.72 $13.29 $3.92 EE +1 $202.98 $690.32 $92-80 $49.52 $110.14 $1.22 $22.94 $3.92 EE +2ORMORE $266.05 $965.17 $189.39 $108.53 $145-36 $1.87 $21.27 $3.92 4ti _ t p - i73i '' - n �'Z4 •" t '£ C , y.�y�. _ N' i�r�y ,��+ _ Rfr-kiJCJl'X,� l _:{:Y: =rS-�: t._'�i.' = - .. -1'L1W ERA PMI , t b"✓�'+-: "l .E�'c v.t- R b e,'dj h_`. .tsf `� :�. Ki Yi..'§ .�"lc �', sd;..A, �, ��-'s'. EE ONLY $48.73 $147.81 $9.92 $12.85 $27.31 $0.33 $6.13 $1.81 EE +1 $93.68 $318.61 $42.83 1 $22.86 $50.83 $0.56 $10.59 $1.81 EE + 2 OR MORE $122.79 $445.46 $86.95 1 $50.10 $67.09 $0.86 $%82 $L81 Noa Associated Final 12-17-07 - Reno 5 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION NA— Safety 2008 Health Premiums and Contributions -Effective 01/01/2008—12/31/2008 Non Associated Final 12-17-07 - Peso AMU NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION iii. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. iv. Future Premitums The City "caps" its contributions toward monthly group medical, dental and vision plan premiums by category (EE, EE + 1, and EE + 2 or more) as outlined in sections i and u above. The employee and employer contributions rates set forth in sections i and iii above shall remain in effect in 2009 and beyond unless otherwise modified by successor Non -Associated Resolution The City s contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. 3. Medical Cash Out If an employee is covered by a medical program outside of a city provided program (evidence of which must be supplied to Human Resources), they may elect to discontinue city medical coverage and receive one -hundred forty six dollars, ($146.00) bi-weekly. 4. Section 125 Plan Employees shall be eligible to participate in a City approved Section 125 Flexible Spending Account Plan the same as all other eligible employees, as provided by IRS law. This plan allows employees to tine pre-tax saiaryto payfor regular childcare, adult dependent care and/or medical expenses. B. Life and Accidental Death and Dismemberment Insurance Each Non -Associated employee shall be provided with $50,000 life insurance and $50,000 accidental death and dismemberment insurance paid for by the city. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the city's current providers. Evidence of insurability is contingent upon total participation in additional amounts. C. Long _Term Disabi i1ylnsurance This program provides for each incident of illness or injury, a waiting period of thirty (30) calendar days during which the Non -Associated employee may use accumulated sick leave, general leave, executive leave pay. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance purr paid for by the city providing sixty six and two-thirds percent (66 2/3%) of the first $12,500 of the employee's basic monthly earnings up to a max-itmu n monthly benefit of $8,332.50. The maximum benefit period for disabilitydue to injury or illness shall be to age sixty-five (65). Days and months refer to calendar days and months- Benefits under the plan are integrated with sick leave, Worker's Compensation, Social Security and other non -private program benefits to which the employee may be entitled. Disability is defined as: "The inability to peomall qf the duties of reg&r o= adm d W yin and then0er the inability to &Wge in any ar pkywr or oaxoua,; for uhioi he/she is fir& ly mason cf ahi ba; training or expen;?,,m " Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Survivor's benefits continue the plan payment for three (3) months beyond death. A copy of the plan is on file in the Htunan Resources Department. Non Associated Final 12-17-07 - Reso Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. City Paid Physical Examinations Non -Associated employees shall be provided, once every two years, with a city paid physical examination comparable to the current pre -placement class physical examination or reimbursed the amount authorized for said physical examination. No more than one-half of the eligible employees shall receive examinations in anyone fiscal year. Said exam shall be comprehensive in nature and shall include: 1. A complete medical history, physical exam and review of results by physician. 2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG. 4. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool test for blood. E. Miscellaneous When a Non -Associated employee is on a leave of absence without pay for reason of medical disability, the city shall maintain the city paid insurance premiums during the period the employee is in a non -pay status for the length of said leave, not to exceed twenty-four (24) months. F. Retiree Medical Coverage for Retirees Not Eligible for the Oty Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004 and are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the aty's Retiree Subsidy Medical Plan may choose to participate in Cary sponsored medical insurance plans until the first of the month in which they turn age sbayfive (65). The retiree shall pay the full premium for City sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowmice from the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City sponsored medical insurance upon retirement permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in city sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to city sponsored medical insurance plans reinstated - Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). G. Post-65 Suppl&mental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the Oty and a health insurance provider. Non Associated Final 12-17-07 - Reso Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION A retiree or qualified dependent must choose to participate in City sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty five (65). The retiree shall pay the full premium to participate in City sponsored medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any Citysubsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in Oty sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. SECTION IV— RETIREMENT A Benefits 1, Public Employees' Retirement System Non -Associated employees shall be entitled to retirement benefits appropriate to his/her class as defined in the contract between the Board of Administration, Public Employees' Retirement System and the City Council of the Cary of Huntington Beach. 2. Self -Funded Supplemental Retirement Benefit In the event a Non -Associated employee member elects Option # 2 (Section 21456) or Option # 3 (Section 21457) of the Public Employees' Retirement Law, the city shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member (Non -Associated employee), shall be payable by the city during the life of the member, and upon that member's death, the city's obligation shall cease. Unless previously excluded by employment or resolution, eligibility for this benefit is limited to employees hired before December 27,1997. 3. Medical Insurance for Retirees a. Upon retirement, whether service or disability connected, each Non Associated employee shall be entitled to cause self, spouse and dependents to participate fully in the city's group health insurance program at the equivalent of the city's group premium rate in accordance with the provisions specified by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at employee's expense and upon terms, conditions and restrictions currently in effect. b. As an alternative to the benefit described in paragraph IV.A.3.a above, the city will provide a financial contribution towards the cost of retiree medical premiums as described in Section VI. 4. PERS 2.5% g 55 If all other affected units agree, and subject to a formal ratification vote conducted by PERS, the City shall implement PERS 2.5% @ 55 retirement formula, effective as soon as possible. Effective the beginning of the fast pay period following implementation through December 26, 2008, the employees shall pay all of the additional costs to implement 2.5% Q 55 retirement formula Nor! Associated Final 12-17-07 - Reso Exhibit "A" Resolution No. 2007-69 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Effective December 27, 2008 and thereafter, the employees shall pay two and one -quarter percent (2.25%) of the employee share of PERS. 5. Three Percent 3%) at Awe 50 Formula Non -Associated employees classified as "safety' employees are covered by the three percent at age 50 formula (3% @ 50) as identified in Section 21362.2 of the California Government Gode. 6. Pre -Retirement Optional Settlement 2 Death Benefit Non -Associated employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as identified in Section 21548 of the California Government Code when approved by the City Council, 7. Fourth Level of 1959 Survivor Benefits Non -Associated employees shall be covered bythe Fourth Level of the 1959 Survivor Benefit as identified in Section 21574 of the California Government Gode. B. Public Employees' Retirement System Reimbursement and Reporting Employees' Contribution Non -Associated employees shall be reimbursed bi-weekly in an amount equal to 7% of the employee's base salary (9% for safety employees) as a pickup of the employee's contribution or portion of such contribution to the Public Employees' Retirement System (PERS). The above PERS pickup u not base salary but is done pursuant to Section 14(h)(2) of the Internal Revenue Code. SECTION V—LEAVE BENEFITS A. General Leave 1. Accrual Employees will accrue General Leave at the accrual rates outlined below. General leave may be used for any purpose, including vacation, sick leave, and personal leave. General leave for non -associated employees shall be accrued as follows: Years of Service Annual General Leave Allowance Biweekly General Leave Allowance First through Fourth Year 176 hours 6J7 Fifth through Ninth Year 200 hours 7.69 Tenth through Fourteenth Year 224 bouts 8.62 Fifteenth Year and Thereafter Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2. Elipibi:Vand Approval General leave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approvaL General leave accrued time is to be computed from hiring date anniversary. Members shall not be permitted to take general leave in excess of actual time earned. Members shall not accrue general leave in excess of six hundred forty (640) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. 3. Leave Benefit Entitlements The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use applicable earned Sick Leave, General Leave, or Executive Leave for family or personal health issues. For more information on employee leave options contact the Human Resources Department. 4. Conversion to Cash a. Pay Off at Termination An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive compensation at their current salary rate for all unused, earned general leave to which they are entitled up to and including the effective date of their termination. b. Conversion to Cash Two times during each fiscal year, each permanent employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred -twenty (120) general leave benefit hours per fiscal year. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. C. One WeekMinirnum Vacation Requirement The City Administrator may require certain positions which handle money or transfer funds to take a minimum of one week, (i.e., five consecutive work days) paid vacation each calendar year. d- Deferred Compe sation Contribution at Time of Separation The value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the beginning of the pay period prior to the employee's last day of employment. Non Associated Final 12-17-07 - Reso it Exhibit "A" Resolution No. NON -ASSOCIATED EMPLOYEES PAY .AND BENEFITS RESOLUTION B. Holidays and Pay Provisions L Non -Associated employees shall receive the following legal holidays as of the first pay period following adoption of the Non -Associated Resolution paid in full per the employee's regularly scheduled work shift: (1) New Year's Day (January 1) (2) Martin Luther King Day (third Monday in january) (3) Presidents Day (third Monday in February) (4) Memorial Day (last Monday in May) (5) Independence Day Guly4) (6) Labor Day (first Monday in September) (7) Veteran's Day (November 11) (8) Thanksgiving Day (fourth Thursday in November) (9) The Friday after Thanksgiving (10) Christmas Day (December 25) 2. Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. 3- For Civic Center holiday closure purposes, holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. C. Sick Leave 1. Accrual No employee shall accrue sick leave. 2. Caedit Employees assigned to Non -Associated shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to December 25, 1999. Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses, this provision shall be added to Personnel Rule 18.10. 4. Pay Off at Termination a. Non Associated employees with continuous service with the city since November 20, 1978 shall be entitled to the following sick leave payoff plan: At involuntary termination by reason of disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five percent (751116) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of seven hundred and twenty hours (720) of unused, accumulated sick leave, except as provided in paragraph V.C.5.d below. Non Associated Final 12-17-Q7- Re -so 12 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Upon termination for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (K%) of all unused accumulated sick leave, up to a maximum of 720 hours of such accumulated sick leave. b. Non -Associated employees hired after November 20, 1979 shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current salary rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours, except as provided in paragraph V.C2.c below. C. Except as provided in paragraph V.C5.d below, no Non -Associated employee shall be paid at terrairlation for more than 720 hours of unused, accumulated sick lave. However, employees may utilize accumulated sick leave on the basis of "last in, first out," meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. d. Non -Associated employees who had unused, accumulated sick leave in excess of 720 hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination tinder the formulas described in paragraphs V.C.5.a and b above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the "cap" established by this paragraph (i.e., 720 hours plus the amount over 720 hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis. To the extent that any such "capped" amount of excess sick leave over 720 hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980, employee had accumulated another 48 hours. Employee is then sick for 120 hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced by 72 hours to 928) D. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed twenty four (24) hours in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. E. Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need. The program is outlined in Exhibit 6. SECTION VI —RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the city shall be entitled to participate in the city sponsored medical insurance plans in accordance with the Retiree Subsidy Medical Plan as outlined in Exhibit 4. Non Associated Final 12-17-07 - lteso 13 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION VII — MISCELLANEOUS A Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City shall take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice (1/03/05). B. Uniforms and CAPERS Reporting The City provides uniforms to active duty employees in the classifications of Police Chief and Fire Chief. These employees are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. The City will report to the California Public Employees' Retirement System (Ca1PERS) the average annual cost of uniforms as special eornpensation for each eligible employee in accordance with Title 2, California Code of Regulations, Section 571(a)(5). Non Associated Final 12-17-07 - Reso 14 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE January 16, 2007 job Type Descri tion Pay Grade 1/16/07 Starting Point Control Point High Point 0510 Deputy City -Administrator 703 $72.68 $80.90 $40.04 0009 Director of Buildin &Safe 681 $65.12 $72.48 $80.68 0014 Director of Community Services 697 $70.53 $78.50 $8738 0008 Dixector of Econ Development 681 $65.12 $72.48 $80.68 0574 Director of Human Resources 681 $65.12 $72.48 $80.68 0479 Director of Info Services 682 $65.12 $72.48 $80.68 0007 Director of Li§rag Services 668 $61.03 $67.93 $75.61 0021 Director of Planning 682 $65.12 $72.48 $80.68 0010 Director of Public Works 697 $70.53 $78.50 $8738 0518 Finance Director 647 $70.53 $78.50 $8738 0015 Fire Chief 709 $74.88 $83.35 $92.77 0011 Police lief 709 $74.88 $83.35 $92.77 0016 Ci Attorne 740 $87.41 $97.29 $108.29 0017 City Clerk 668 $61.03 $67.93 $75.61 0018 Ci Treasurer 681 $65.12 $72.48 $80.68 0007 Director of Library Services 668 $61.03 $67.93 $75.61 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE December29, 2007 Non Associated Final 12117107 16 job Type Description Pay Grade 12/29/07 Starting Point Control Point HighPoint 0510 Depury Ciry Administrator 709 $74.88 $83.35 $92.77 0009 Director of Buildin & Safety 687 $67.11 $74.69 $83.13 0014 Director of Cnmmuni Services 703 $72.68 $80.90 $90.04 008 Director of Econ Development 687 $67.1I $74.69 $83.13 0574 Director of Human Resources 687 $67.11 $74.69 $83.13 DirectorfInfoServices687$67.11$74.69$83.13 DirectorofLibraryServices674$62.89$70.04$77.91 r DirectorofPlaning687$67.11$74.69$83.13DirectorofPublictYlorlu703$72.68$80.9D$90.04 Finance Director 703 $72.68 $80.90 $90.04 OOiS Fire Chief 715 $77.17 $85.89 $95.59 0011 Police Chief 715 $77.17 $85.89 $95.59 0016 City Attarne 746 $90.07 $100.25 $11158_ V 0017 Ci clerk 674 $62.89 _ $70.00 $77.9i 0018 City Treasurer 687 $67.11 $74.69 $83.13 Exhibit "A" Resolution No_ 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE December27, 2008 Ikon Associated Final 12.17-07 - Reso 17 job Type Description Pay Grade 12/27/08 Starting Point Control Point High Point 0510 Deputy City Ad►rurustrator 715 $77.17 $85.89 $95.59 0009 Director of Build &Safety 693 $69.15 $76.96 $85.66 0014 Director of Communi Services 709 $74.88 $83.35 $92.77 04$ Direttor of Econ Development 693 $69.25 $7b96 $85.66 0574 Director of Human Resources 693 $69.15 $76.96 $85.66 0479 Director of Info Services 693 $69.15 $76.96 $85.66 0007 i ector of Library Services 680 $64.80 $72.12 $80.28 0021 Director of P€ 693 $69.15 $76.96 $85.66 0010 Director of Public Works 709 $74.88 $83.35 $92.77 0518 Finance Director 709 $74.88 $83.35 $92.77 0015 Fire Chief 721 $79.51 $88.49 $9850 OOl 1 Police Chief 721 $79.51 $88.4R $98.50 0016 Ca Artorne 752 �$92,87 $10330 $114.97 0017 City Clerk 680 $64.80 $72.12 $80.28 J 0018 Ca Treasurer 693 $69.15 $76.96 $85.66 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXI-IIBIT 2 RETIREE MEDICAL. PLAN An employee who has retired from the city shall be entitled to participate in the city sponsored medical insurance plans and the city shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided - A. At the time of retirement the employee has a minimum of ten (10) years of continuous full time city service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the city; and C FoRowing official separation from the city, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The city's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of anyone of the following: On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the city's obligation to pay monthly premiums may be adjusted downward or eliminated - Benefit coverage at age 65 under the city s medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. D. Schedule of Benefits 1. Minimum Eligibility for Benefits Vrth the exception of an industrial disability retirement, eligibility for benefits begins after an employee has completed ten (10) years of continuous full time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the city's Personnel Rules. 2. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. Non Associated Final 12-17-07 - Reso 18 Exhibit "A" Resohttion Nn_ 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 3_ Maximurn Monthly SubsidyPayrnents Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status_ However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of disability whose number of years of service prior to retirement, exceeds ten (10) years of continuous full time service, shall be entitled to maximum monthly payment of premiums by the city for each year of completed city service as follows: Maximum Monthly Payment for Retirements After. Years of Service Subs 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Non Associated Final 12-17-07 - Reso 19 ..A„ NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION MISCELLANEOUS PROVISIONS A Ugib hW. 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The Administrative Services Department shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. B. Benefits: 1. Retiree Subsidy Medical Plan includes Managed Health Network (lVI N, Prescription Card System (PCS), Orange County Foundation for Medical Care (OCE;MC) and Medical Stop Loss insurance. 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. G Su sidles. 1. 'I1ie subsidy payments will pay for. a. Retiree Subsidy Medical Plan. b. HMO. c. Pan A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for- a, Part B Medicare. b. Regular City Employee Indemnity Plan. c. Any other employee benefit plan. d. Any other commercially available benefit plan. e. Medicare supplements D. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Pan A of Medicare if the individual elects to take Medicare. In all cases, Pan B of Medicare is paid for by the participant. Non Associated Finn! 12-17-07 - Reso 20 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Pan A of Medicare and his/her spouse is not eligible for paid Pan A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Pan A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply. a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first_ 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. c. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under "Benefits," "Subsidies," and "Medicare" for those retirees/dependents not eligible for paid Pan A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from Employee Benefits in accordance with provisions Of the Non -Associated Resolution. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. Non Associated Final 12-17-07 - Reso 21 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 3 - 9/80 WORK SCHEDULE This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day; and working one (1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in each FLSA work week The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Administrator or designee. A- Forty (49) Hour FLSA Work Week The actual FLSA workweek is from Friday at mid -shift (p.m.) to Friday at raid -shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12.00 p.n-L to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 am. on their Fridayworked. The start of the FLSA workweek is 12.00 noon Friday. B. Two NVeekPayPeriod The pay period for employees starts Friday mid -shift (p.m.) and continues for fourteen (14) days until Friday mid -shift (a-m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for the arn. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). G A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the "A" schedule and the "B" schedule, based upon the departmental needs. For idenrification purposes, the "A" schedule shall be known as the schedule with a day off on the Friday in the middle of the payperiod, or, "off on payday", the `B" schedule shall have the first Friday (p.m) and the last Friday (am.) off, or "working on payday'. An example is listed below:awl Non Associated Final 12/17/07 22 MMMMIii-0 ooar000, �oo�sr� oasooEaois a Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. A/B Schedule Charges FZSA exempt employees may change A/B schedules at the beginning of any pay period with supervisor or City Administrator approval. E. Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shah continue under the current accrual, eligibility, request and approval requirements. 1. General Leave — As stated in the Non -Associated Resolution. 2. Sick Leave — As stated in the Non -Associated Resolution. 3. Executive Leave — As stated in the Non -Associated Resolution. 4. Bereavement Leave — As stated in the Non -Associated Resolution. 5. Holidays - As stated in the Non -Associated Resolution. 6. jury Duty— The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered the same as having occurred during the employees day off work, therefore, the employee will receive no added compensation. Non Associated Final 12-17-07 - Reso 23 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1. P�upose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either, return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Otywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligib?� ' Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee wino: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be convened into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Division (payroll). Non Associated Final 12- t7-07 - Reso 24 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION All donation forms submitted to payToll will be date stamped and used in order received for each bi- weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. b. Other Please contact the Human Resources Department with questions regarding employee participation in this program Non Associated Final 12-17-07 - Reso 25 Exhibit "A" Resolution No. 2007-89 NON -.ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voltrrttary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and • I am not receiving disability benefits or Workers' Compensation payments. ame: (Please Prim or Tjpo Las4 Fin4 MI) orkPhone: Department: ob Title: �- Em loyee ID# : Requester Signature: i _ partn�ent Director Signature of Support: ::ivy' ° �T„_TS�,."; ,_,=:^'s,•�c.?n ' ' -u"C�:-yo6� - - — i� - - — — -- - - - 's •;2;� myA ���'�...t:a +rny.,��. ,R•i, �='a:': �;• �- p� 'i.. g� �• i#iir �. � �'. - ..i.• ,�,, s;a �4„� _ �'�.4m r�'z �'f�'_'es��.'�'ri'i. ��u'' �_:�.c n�, �g"�Z'�;��yu:.i��+?��� 'N'�,.z�: . £�° `F � •^ ~ fF n '}`"fL ``' r�E � yam'`"` $rs �.`4" '�,+:�gd .Q ra ��r .c ��i` �y�"�a..a _ p '�' �,rt=-. "y i''. '5���$.. ?, a S � � ✓s= yj' z�..- fie' �."yi'. �ii3.��h�a-.'��v''rcv`cs�` azer'��'��`'c'r �,.'3te�a,:;�5���'-E��.;,'�'^�:Y':°..[Y v'k.'-F:a`t'��g�✓..��3'�F i."?:.ai v:�^fis�'.�:a. 5 Y$Mt'f '•YCf �".�_j?!d(^��.': �-} 'F'"4��rr ;.7'... V�„,` :` _ +..-.x..: a`5'=,� .c. WI82— 'i�a•.j,=.�"r": "33..-. .,,r . . Please submit this form to the Human Resources Department Non Associated Final 12-17-07 - Reso 26 Exhibit "A" Resolution No. 2007-89 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete nor Name: (Anse Prbi or Tye Luse; First, MI) ork P_11on_c.*_ rorkPlione: fonorJob Title: ype of Accrued Leave: lNumber of Hours I wish to Donate: Vacation acaton Hours of Vacation Compensatory Eme Hours of Compensatory Time f-I General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for. T qlible recipient pient employee's name (Last, First, NU)-- Al ronor Signature: bat Please submit to the Human Resources Department. Non Associated Final 12-17-07 - Reso 27 Res. No. 2007-89 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on December 17, 2007 by the following vote: .OYES: Bohr, Coerper, Green, Carchio NOES: Hansen, Hardy, Cook ABSENT: None ABSTAIN: None Ny Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT rl ®b Wingenroth EDUCATIONAL BACKGROUND Master of Business Administration - Business Administration - 1991 Arizona State University; Tempe, AZ Bachelor of Science - Accounting - 1983 Arizona State University; Tempe, AZ CERTIFICATION Certified Public Accountant - AZ SUMMARY OF EXPERIENCE 2005 to Present City of Phoenix, AZ (Population: 1,500,000) Finance Finance Director Lead a diverse team of 300 people conducting the City's financial reporting, payroll, procurement, real estate, sales tax, debt, investment, and treasury programs. Our department budget is $27.3 million annually. 1999 to 2005 City of Phoenix, AZ (Population: 1,500,000) Finance City Auditor Led a diverse team of 30 people conducting financial, computer, rate and fee, program evaluation, and facilitation projects Citywide. Our department budget was about $3 million annually. 1990 to 1999 City of Phoenix, AZ (Population: 1,500,000) Finance Deputy City Auditor Led a team of 5 people in the evaluation of city programs which included the development of results oriented performance measures. 1986 to 1990 City of Phoenix, AZ (Population: 1,500,000) Hearing Officer Decided disputes between Phoenix residents and Phoenix departments in the areas of sales tax and water utilities. Performed various audits of city programs. 1985 to 1986 City of Phoenix, AZ (Population: 1,500,000) Finance License Administrator Led a team of 30 people involved in licensing, inspecting, and collecting sales taxes from Phoenix businesses. Conducted sales tax audits of Phoenix businesses. 1980 to 1985 City of Phoenix, AZ (Population:,1,500,000) Finance Tax Auditor 1978 to 1980 Mitchell-Dyman Accounting (Phoenix, AZ) Junior Accountant Prepared monthly accounting records for private businesses, prepared tax returns. OTHER QUALIFICATIONS Organization Involvement Bond Oversight Committee, Phoenix Elementary School District (current) Salvation Army, Southwest Division, Advisory Board (current) Current Board member for several Phoenix programs involving New Market Tax Credits, Employee's Retirement System, and the Downtown Phoenix Hotel Site Council, Washington Elementary School District (2004-5) Past Board member of the Chris Town YMCA, 1996 Volunteer of the Year, Youth sports coach for 13 years Chair of 1999 City of Phoenix United Way Community Service Fund Drive RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT COUNCIL MEETING DATE: March 2, 2009 RCA ATTACHMENTS . � STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached No t Applicable Commission, Board or Committee Report (If applicable) Attached Not Applicable JEEJ Findings/Conditions for Approval and/or Denial Attached Not Applicable EXPLANATION FOR MISSATTACHMENTS REVIEWED � � RETURNED F.O�Rw AR®ED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) (; 4 ) City Clerk ( ) EXPLANATION ®. RETURN 01F]TEIM: (Below Space For City ;Clerk's Use Only) RCA Author: Emery