HomeMy WebLinkAboutClay Martin - 1999-07-06•
Council/Agency Meeting Held: 03-1-0 )
Deferred/Continued to:
)(Approved 0 Conditionally Approved ❑ Denied
Council Meeting Date: March 112001
W-1-G%y CleV
Signature
Department ID Number: AS 01-004
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION=
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS _--
SUBMITTED BY: RAY SILVER, City AdministratorX�-/ > '
PREPARED BY: RAY SILVER, City AdministratoregV t
SUBJECT: Approve Selection of the Director of Administrative Services
Statement of Issue, Funding Source, Recommended Action, Alternative Action{s), Analysis, Environmental Status, Attachments]
Statement of Issue: Should the City Council approve the appointment and transfer of
Clay Martin to the position of Director of Administrative Services?
Funding Source: This position is funded in the 2000/01 City General Fund Budget, Account
10035101-51100, Administrative Services Permanent Salaries.
Recommended Action: Motion to:
1. Approve the recommendation of the City Administrator to transfer Clay Martin
to the position of Director of Administrative Services.
2. Approve the contract for the position of Director of Administrative Services
and authorize the City Administrator and City Clerk to execute same.
Alternative Action(s): Do not appoint Clay Martin and direct staff to reopen the recruitment
for the Director of Administrative Services.
Analysis: The City's Human Resources Division has completed an extensive recruitment
process for a new Director of Administrative Services. The City received over forty-five
applications for this key position. The City Administrator screened all applications in an effort
to identify the top candidates to put through an oral board, which was conducted by the City.
Mr. Martin begin work as the permanent Administrative Services Director on March 19, 2001.
Mr. Martin's public service career began in Irvine, California where he worked as a Principal
Financial Analyst for four years and a Senior Management Analyst for 6 years. Mr. Martin
came to the City of Huntington Beach in the capacity of Director of Organizational
Effectiveness in ,duly of 1999 and has been serving as the interim Director of Administrative
Services since November 19, 2000. S/'
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REQUEST FOR COUNCIL ACAN
MEETING DATE: March 5, 2001
DEPARTMENT ID NUMBER: AS 01-004
He is a very experienced in coordination of citywide performance measurement efforts,
finance, budgeting, personnel matters and centralized purchasing and warehousing. He will
be an excellent addition to the organization and the community.
Environmental Status: Not applicable.
Attachments
RCA Author: Ray Silver
RCA Clay Martin's Appointment -2. 03/08101 4:39 PM
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ATTACHMENT #1
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HtiNTINGTON BEACH AND
CLAY MARTIN
Table of Contents
Section
1 DUTIES
2 STATUS AND TERM
3 SALARY
4 OTHER BENEFITS
5 ADMINISTRATIVE LEAVE.
6 TERMINATION AND SEVERANCE PAY.
7 DISABILITY .
S PERFORMANCE EVALUATION
9 PROFESSIONAL DEVELOPMENT.
10 FINANCIAL DISCLOSURE.
11 INDEMNIFICATION.
12 GENERAL PROVISIONS
Page
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CLAY MARTIN
THIS AGREEMENT is entered into this 19th day of March , 2001,
between the City of Huntington Beach, a municipal corporation, subsequently called "City," and
Clay Martin, subsequently called "Department Head."
WITNESSETH
The City Administrator has been empowered to appoint and remove Department Heads,
with approval of the Council; and
The City, through the City Administrator, desires to employ the services of Clay Martin
as a Department Head, Director of Administrative Services 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 that Department Head; and
It is the desire of the City to:
(1) Secure and retain the services of the Department Head and to provide inducement
for him to remain in such employment;
(2) To provide a means for terminating Department Head's service at such time as he
may be unable fully to discharge his duties due to disability or when City may other-vvise desire to
terminate his employ; and
Department Head desires to accept employment as Director of Administrative Services of
the City;
NOW, THEREFORE, in consideration ofthe mutual covenants here contained, the
parties agree as follows:
9TDA:2001 Aereemens: Vlarm - DAti
RLs 2001-0170
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SECTION 1. DUTIES. City agrees to employ Clay Martin as Director of
Administrative Services 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. The Department Head 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) The Department Head 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 the Department Head 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 tills Agreement shall prevent, limit, or otherwise interfere with the
right of the Department Head 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) Department Head 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 Department Head's time off, and with the advance approval of the City
Administrator.
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OTA-2001 Auce-nent;: Martin - DAS
RI-5 2001-.-O
3-9-01
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SECTION 3. SALARY. City agrees to pay Department Head for his services rendered
pursuant to this Agreement at Range 617, Step C 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. In addition to the foregoing benefits, Department
Head 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 Exhibit A, attached
hereto.
SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place the
Department Head 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 the Department Head, and during such time that Department Head
is willing and able to perform his duties under this Agreement, then, the City shall pay to the
Department Head a severance payment equal to salary payments which the Department Head
would have been receiving over a twelve week period at the Department Head'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 the Department Head 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 the Department Head and the
Department Head's dependents at the time of such termination; however, no other or additional
benefits shall accrue during this ninety- (90) calendar -day period.
(b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute
grounds to terminate the employment of the Department Head without severance pay:
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gf'DA:2001 Agreements: Martin - DAS
RI_S'_OG1-0170
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(1) a willful breach of this agreement or the willful and repeated
neglect by the Department Head to perform duties that he or she is
required to perform;
(ii) conviction of any criminal act relating to employment with the
City;
(iii) conviction of a felony.
(2) Prior to the time that the City Administrator terminates the Department
Head 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 the Department Head with written notice of
proposed termination which contains the reason and factual basis for such action. Within ten
days of such notice, the Department Head 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 the
Department Head may respond to the notice of proposed termination. At such meeting, the
Department Head 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 the City at any time during the term of this Agreement reduces the
salary of Department Head 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 the Department Head any nonsalary benefit customarily available to all Department
Heads, or in the event the Department Head resigns following a suggestion, whether formal or
informal, by the City Administrator that he or she resign, then, in those events, the Department
Head 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
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g:l'DA:200[ Agreements: Marlin - DAS
KE_S 'OGl -9170
3-9-01
P-J
terminated must be exercised by written notice from the Department Head 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 the Department Head exercises the option to be deemed terminated.
(d) In the event Department Head voluntarily resigns his position, the Department
Head shall give City written notice at least thirty (30) days prior to the last workday, unless the
City Administrator and Department Head otherwise agree. Unless there is agreement to the
contrary, if the Department Head fails to provide such notice to the City Administrator, any right
to accrued benefits for sick pay shall terminate.
(e) It is understood that after notice of termination in any form, Department Head 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 Department Head is totally disabled or otherwise
unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health,
he or she 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 the Department Head. If the Department Head is unable to return to work at
that time, City shall have the option to terminate the employment of the Department Head,
subject to the requirements imposed on the City by Section 6, paragraph (a).
SECTION & PERFORNIANCE EVALUATION. The City Administrator shall
review and evaluate in writing the performance of the Department Head at least once annually.
That review and evaluation shall be in accordance with specific criteria developed in consultation
with the Department Head and City Administrator. Those criteria may be added to or deleted
from as the City Administrator may from time to time determine, in consultation with the
Department Head.
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gTDA:2001 Agiceirc its Mai:in - DAS
R I-S 2001-0170
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SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay
for professional memberships normally accorded Department Heads. The Department Head shall
also receive paid leave, plus registration, travel and reasonable expenses for 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
established travel policies and procedures.
SECTION 10. FINAI\CIAL DISCLOSURE. The Department Head shall report to
the City Administrator any ownership interest in real property within the County of Orange,
excluding personal residence. Also, the Department Head shall report to the City Administrator
any financial interest greater than Ten Thousand Dollars (S10,000) in value in a firm doing work
for the City or from which the City intends to make a purchase. Such reporting shall be made in
writing by the Department Head 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, the Department Head 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 the City or from whom the City intends to make a purchase immediately
upon notice of the intended work or purchase.
SECTION 11. INDEMNIFICATION. City shall defend and indemnify the Department
Head 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 the Department Head's duties as an employee or officer of the City, other than an action
brought by the City against the Department Head, or an action filed against the City by the
Department Head. in addition, the City shall pay the reasonable expenses for the travel, lodging,
meals, and lost worktime of the Department Head should the Department Head be subject to
such, should an action be pending after termination of the Department Head. City shall be
responsible for and have authority to compromise and settle any action, with prior consultation
G
g:PD A:2001 Agreements:.Marrn - ❑AS
KLS 2001-0170
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with Department Head, and pay the amount of any settlement or judgment rendered on that
action. Department Head shall cooperate fully with the City in the settlement, compromise,
preparation of the defense, or trial of any such action.
SECTION 12. GENERAL PROVISIONS.
(a) The text here shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing March 19 , 2001.
(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 here.
IN WITNESS, the City of Huntington Beach has caused this Agreement to be signed and
executed on its behalf by its City Administrator and duly attested by its City Clerk, and the
Department Head has signed and executed this Agreement, both in duplicate, the day and year
first above written.
THE CITY OF HU TINGTON BEACH:
By: (2w j.�1
Ray Si Ker, City Administrator
ATTEST:
By. dMWr i�CA�t/
City Clerk Qj� —Q1
gTDA:2001 Agreements: Manin - DAS
RLS 20o[-0170
3 9-01
By: r—( ?
y Martin
APPROVED AS TO FORM:
By: ,
City Attorney
3 _q,01
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Exhibit
a
Adk
EPO i PPO
10lJt-0f-N6tw0rx denetita paid at JCR)
_
Annual Deductible
None
None
$200 Single
$500 Famil
Choice of Providers
EPO network only
Your choice.
Health Net HMO network only.
Higher benefits paid
Referrals required for specialists
with PPO providers.
visits.
Office Visits
$5 Copay I 90% PPO
No charge
50% Out -of -Network
Preventive Medicine
No charge
No charge
$200 maximum benefit per ear
Inpatient Hospital
$150 Copay per day
90% PPO
No charge
Facility Charges
(days 1-4 then 100%
50% Out -of -Network
Emergency Services
$5 Copay
90% PPO
$35 copay (waived if admitted to hospital)
50% Out -of -Network
Inpatient Professional
No charge
i 90% PPO
No charge
Services
50% Out -of -Network
Surgery & Anesthetics
Outpatient Surgery
$5 Copay
90% PPO
No charge
50% Out -of -Network
Prescriptions
$5 Generic
$3 Generic
$8 Brand Name
$5 Brand Name
Durable Medical
$5 Copay
90% PPO
No charge
Equipment & Prosthesis
50% Out -of -Network
Mental Health Services
Services provided through MHN
Inpatient
No Charge (limited to 30 days per year, unless
Please see Summary of Benefits for MHN
for Severe Mental Illness)
Outpatient
No charge (Severe Mental Illness)
$30 Copay (Other Mental Illness & Chemical
Dependent Rehab. limited to 20 visits per year
Employee Assistance
5 free sessions per member
per 6 months
Program (EAP)
(other limitations
apply)
Annual Out -of -Pocket
None
$1,000 Single
$1,500 Single
Maximum
$2,000 Famil
$4,500 Family
Dependent Children
Eligible until age 23
i
Eligible until age 25
(if 50% dependent or full-time student)
(if 50% dependent or full-time student)
• e • .
I
Single
$261.01
.
$170.01
Two Party
$516.14
$372.51
Family (3 or more)
$631.94
$490.98
City contribution $261.01
$170.01
1. .. .-.• .-
•
NA 2001 Updated October 2000
a
DENTAL PLAN COMOAMSON FOR ELIGIBLE
EMPLOYE 'AND DEPENDENTS
Benefit
Delta Dental finde.nity)
SafeGuard (Pre -Paid)
DeltaCare (Prepaid)
Choice of Providers
Your Choice
Pre -selected SafeGuard
Pre -selected
dentists only_PMI
dentists only
Annual Deductible
$25 Single
None
None
$75 Family
Diagnostic & Preventive
85% of Usual, Customary
• Oral exams
& Reasonable (UCR)
Cost varies
No charge for covered
• X-rays I
fees
(see plan brochure)
services
• Cleanings_
Basic
• Oral surgery
I
Cost varies
No charge for covered
• Fillings
85% of UCR fees
(see plan brochure)
services
• Root Canals
• Gin ivectom
Major
• Crowns, Jackets, I
85% of UCR fees
Cost varies
No charge for covered
Inlays, Onl as
s
(see plan brochure)
services
Major
• Bridges
60% of UCR fees
Cost varies
No charge for covered
• Dentures
j (see plan brochure)
services
Orthodontia
60% of UCR fees
Cost varies
$500 Copay + start up
$3,000 Lifetime maximum
I (see plan brochure)
fees for normal 24 month
benefit
treatment
De endent Children
Eligible to a e 19 or age 23 if full-time student
Monthly cost of plan:
Single
$ 36.99
$ 16.20
$ 22.12
Two Party
$ 70.65
I
$ 29.16
$ 37.61
Famiil (3 or more
$100.37
$ 37.22
$ 57.51
Employee's cost:
Single
None
None
s None
Two Party
None
None
None
Family 3 or more
None
None
None
Single
$ 17.58
When using a VSP provider:
Two Party
$ 17.58
$10 Copay for exam, lenses and frames
Family 3 or more)
$ 17.58
once every 12 months.
Employee's costBenefits
are also available from non -network
Single
None
providers but your out-of-pocket costs will be greater.
Two Party
None
l Please see plan brochure for further information.
Familv (3 or more)
None
NA 2001 updated October 2000
NA -• • LIFE INSURANCE
PAID BY THE CITY
The Standard insurance $45,000 benefit
PAID BY THE EMPLOYEE
$25,000 benefit
Additional Group Life
You may purchase additional group life insurance for yourself.
The Standard Insurance
Evidence of good health is required if application is made after
the first 31 days of employment. Late enrollment is subject to
r approval by the insurance carrier.
Your cost per paycheck is $8.75
PAID BY THE EMPLOYEE
You may purchase additional life insurance for yourself and your
Optional Group Universal Life
dependents. Please refer to the plan brochure for rates and
Principal Financial Group
information. Please note that with the exception of new hires, all
other employees will be responsible for, but not necessarily
limited to, any underwriting charges associated with their
api2lication i.e. diagnostic testinq and examinations).
. ACCIDENTAL DEATH
& N AD:D
PAID BY THE CITY
Bankers Life & Casualty Company
$45,000 benefit
PAID BY THE EMPLOYEE
Benefit Amount
Your cost per paycheck
Bankers Life & Casualty Company
Employee I Souse Child ren
Employee j Family
25,000
12,500
2,500 $0.53 $0.75
50,000
25,000
5,000 $1.05 $1.50
75,000
37,500
7,500 $1.58 $2.25
100,000 50,000 10,000 $2.10 $3.00
You may select either "Employee" or "Family" plan. The family
fan includes coverage for vou. your spouse and child ren , if any.
. LONG TERM
DISABILITYINSURANCE
PAID BY THE CITY
Helps to provide you income when you are disabled and cannot
The Standard Insurance
work. Benefits begin on the 31s' day of disability (gist day for
Elected Department Meads). Pays 66 2/3% of your base pay to a
maximum of $12,500 monthly. Certain other benefits will reduce
your LTD payment (PERS, Workers' Comp., etc.) Benefits can
continue until age 65. Please see your certificate of coverage for
com lete details and policy exclusions.
OTHER IMPORTANT INFORMATION ABOUT YOUR COVERAGES
1. When does my coverage start? Your medical, dental and vision coverages begin on the first of the month
following 30 days of employment. City paid life, AD&D and LTD begin on your date of employment. Optional
life and AD&D begin the first of the month following your enrollment and/or approval by the insurance carrier.
2. COBRA At the time you terminate employment with the City, you have sixty (60) days to exercise your right to
continue group medical, dental and/or vision coverage under COBRA. Certain other events are also covered
under COBRA. Please review the COBRA Notice you received with your new hire packet.
3. Benefits subject to change as the result of the meet and confer process and, in the case of minor
modifications, as mandated by the insurance carrier(s).
4. Ineligible de endents You will be held financially responsible for premiums for dependents not removed from
all plans when such dependent becomes ineligible for coverages as determined by the specific plan document.
5. Section 125 Plan Effective 311/2000, employee contributions will be deducted on a pre-tax basis under the
City's IRC Section 125 plan. Employees may elect to participate in a pre-tax savings account for unreimbursed
medical and/or childcare expenses. Please refer to the plan's Summary Plan Description for important plan
rules. All contributions to the pre-tax spending account must be used in the year they are deducted. Federal
law does not allow monies to be carried over to the following year.
6. Disclaimer The information provided in this brochure is a comparison of select benefits only and serves as a
summary of coverages for your association. The plan documents take precedence over any discrepancies.
Benefits are subject to change as the result of the meet and confer process and, in the case of minor
modifications, as mandated by the insurance carrier(s). For detailed information about any of the benefits of
our plan(s), your rights, obligations or privileges under the plan(s), please refer to the plan documents, the
insurance carrier, or the Cit 's Human Resources Division.
KA 2001 updated October 2000
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY`CLERK
CONNIE BROCKWAY
CITY CLERK
CA L I FO R-N 1 A 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
R.EDEVELOPNIENT AGENCY OF THE CITY OF HUti"TIIGTON BEACH
DATE: J O
TO: 411 ATTENTION: -. f/g z �(,i,�U n
Name
DEPARTINTENT:
Street
REGARDING:
City, State, Zip
See Attached Action Agenda Item Date of Approval 71le /9
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk r
Attachments: Action Agenda Page Agreement
RCA
NAK jD ment RCA
�rJ.S
ha a Department • RCA
P &M /),/
Name Department RCA
Dame Department RCA
Risk Management Dept,
Bonds
Insurance
Deed
Other
Agmement
Insurance Other
Agreeme
Insurance Other
Agreement
Insurance Other
Agreement
Insurance Other
tnsurancc
Received by Name - Company Name - Date
G:Followuplcoverltr
(Telephone: 714-536-52271
r]
.DA-PK7.�5
�� cSlL Vc�
GtSY�«.5
Council/Agency Meeting Held. --I g
Def�e ed/Continued to:
Clerk's Signature
>B"Approved ❑ Con ' ' nally Approved ❑ D nied
Council Meeting Date: July 6, 1999
Department ID Number:
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS'
_
SUBMITTED BY:
RAY SILVER, City Administrator ate
w�r=�
PREPARED BY:
RAY SILVER, City Administrator foY
SUBJECT:
APPROVE SELECTION OF THE DIRECTOR OF
ORGANIZATIONAL EFFECTIVENESS
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments}
Statement of issue: City Council approval of the appointment of Clay Martin as Director of
Organizational Effectiveness.
Funding Source: This position is funded in the 1998/99 City General Fund Budget.
Recommended Action: Motion to:
1. Approve the recommendation of the City Administrator to hire Clay Martin as the Director
of Organizational Effectiveness.
2. Approve the contract for the position of Director of Organizational Effectiveness and
authorize the City Administrator and City Clerk to execute same.
AI ernative Actions :
1. Do not appoint Clay Martin and direct staff to reopen recruitment for the Director of
Organizational Effectiveness.
RRUEST FOR COUNCIL ACTI11
MEETING DATE: July 6, 1999 DEPARTMENT ID NUMBER:
Analysis: The city's Personnel Department has completed an extensive recruitment
process for a new Director of Organizational Effectiveness. In the City Budget for Fiscal Year
1998f99, the position of Director of Research and Organizational Development was added.
Since that time, the title has been changed to Director of Organizational Effectiveness. This
Director is responsible for instituting the best business practices into the day-to-day
operations of the city for years to come. Some of these best business practices include
process mapping/improvements, managed competition, and program performance
measurement. These are the same practices discussed with the city's Finance Board.
Huntington Beach is one of the few cities in California making this effort. It will assist in the
city's move to activity based costing and performance based budgeting. Use of these
practices will assist in providing the city staff with the best tools to maximize the city's
effectiveness in delivering the services and the results to the residents. The city received
over 40 applications for this key position. All applications were screened by the City
Administrator in an effort to identify the top candidates to put through an oral board which
was conducted by the city. Mr. Martin will begin work with the city of Huntington Beach on
Monday, July 19, 1999.
Mr. Martin's public service career has been in the city of Irvine, California where he serves as
the Principal Financial Analyst in the Administrative Services Division of the City Manager's
Department. He has worked for Irvine since 1990. He has extensive experience in process
mapping/improvement, managed competition, and performance measurements. The city of
Irvine is also in the process of converting over to a new information system and business
systems. He will be an excellent addition to the organization and the community.
Environmental Status: Not applicable.
Attachmentts):
RCA Author:
DOErca.doc -2- 06/23/99 3:19 PM
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CLAY MARTIN
Table of Contents
Section
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.
1 I INDEMNIFICATION.
12 GENERAL PROVISIONS
Page
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3
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3
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5
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CLAY MARTIN
THIS AGREEMENT is entered into this day of July 1999, between the City
of Huntington Beach, a municipal corporation, subsequently called "City," and Clay Martin,
subsequently called "Department Head."
WITNESSETH
The City Administrator has been empowered to appoint and remove Department Heads,
with approval of the Council; and
The City, through the City Administrator, desires to employ the services of Clay Martin
as a Department Head, Director of Organizational Effectiveness 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 that Department Head; and
It is the desire of the City to:
(1) Secure and retain the services of the Department Head and to provide inducement
for him to remain in such employment;
(2) To provide a means for terminating Department Head'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
Department Head desires to accept employment as Director of Organizational
Effectiveness of the City;
NOW, THEREFORE, in consideration of the mutual covenants here contained, the
parties agree as follows:
adl/Agreer'Mart[n
RIS 99-435 - (5122199
SECTION 1. DUTIES. City agrees to employ Clay Martin as Director of
Organizational Effectiveness 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. The Department Head 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) The Department Head 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 the Department Head 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 the Department Head 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) Department Head 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 Department Head's time off, and with the advance approval of the City
Administrator.
2
adliAgreeiManin
RLs 99435 - &22199
C]
•
SECTION 3. SALARY. City agrees to pay Department Head for his services rendered
pursuant to this Agreement at Range 564, Step C of City's classification and compensation
plan or resolutions or ordinances from time to time enacted that govern such compensation.
SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits; Department
Head. 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 Exhibit A, attached
hereto.
SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place the
Department Head 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 the Department Head, and during such time that Department Head
is willing and able to perform his duties under this Agreement, then, the City shall pay to the
Department Head a severance payment equal to salary payments which the Department Head
would have been receiving over a twelve week period at the Department Head'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 the Department Head 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 the Department Head and the
Department Head's dependents at the time of such termination; however, no other or additional
benefits shall accrue during this ninety- (90) calendar -day period.
(b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute
grounds to terminate the employment of the Department Head without severance pay:
3
adGAgree,'Martin
RLS 99435 - 6/22199
•
•
(i) a willful breach of this agreement or the willful and repeated
neglect by the Department Head to perform duties that he or she is
required to perform;
(ii) conviction of any criminal act relating to employment with the
City;
(iii) conviction of a felony.
(2) Prior to the time that the City Administrator terminates the Department
Head 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 the Department Head with written notice of
proposed termination which contains the reason and factual basis for such action. Within ten
days of such notice, the Department Head 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 the
Department Head may respond to the notice of proposed termination. At such meeting, the
Department Head 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 the City at any time during the term of this Agreement reduces the
salary of Department Head 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 the Department Head any nonsalary benefit customarily available to all Department
Heads, or in the event the Department Head resigns following a suggestion, whether formal or
informal, by the City Administrator that he or she resign, then, in those events, the Department
Head 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
4
adliAgree: Marlin
RLs 99-435 - 6122i99
terminated must be exercised by written notice from the Department Head 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 the Department Head exercises the option to be deemed terminated.
(d) In the event Department Head voluntarily resigns his position, the Department
Head shall give City written notice at least thirty (30) days prior to the last workday, unless the
City Administrator and Department Head otherwise agree. Unless there is agreement to the
contrary, if the Department Head fails to provide such notice to the City Administrator, any right
to accrued benefits for sick pay shall terminate.
(e) It is understood that after notice of termination in any form, Department Head 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 Department Head is totally disabled or otherwise
unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health,
he or she 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 the Department Head. If the Department Head is unable to return to work at
that time, City shall have the option to terminate the employment of the Department Head,
subject to the requirements imposed on the City by Section b, paragraph (a).
SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall
review and evaluate in writing the performance of the Department Head at least once annually.
That review and evaluation shall be in accordance with specific criteria developed in consultation
with the Department Head and City Administrator. Those criteria may be added to or deleted
from as the City Administrator may from time to time determine, in consultation with the
Department Head.
adVAgree.Wartin
RLS 99-435 - 6:122199
SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay
for professional memberships normally accorded Department Heads. The Department Head shall
also receive paid leave, plus registration, travel and reasonable expenses for 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
established travel policies and procedures.
SECTION 10. FINANCIAL DISCLOSURE. The Department Head shall report to
the City Administrator any ownership interest in real property within the County of Orange,
excluding personal residence. Also, the Department Head shall report to the City Administrator
any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work
for the City or from which the City intends to make a purchase. Such reporting shall be made in
writing by the Department Head 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, the Department Head shall report in writing to the City
Administrator any financial interest greater than Ten Thousand Dollars (S10,000) in value in a
firm doing work for the City or from whom the City intends to make a purchase immediately
upon notice of the intended work or purchase.
SECTION 11. INDEMNIFICATION. City shall defend and indemnify the Department
Head 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 the Department Head's duties as an employee or officer of the City, other than an action
brought by the City against the Department Head, or an action filed against the City by the
Department Head. In addition, the City shall pay the reasonable expenses for the travel, lodging,
meals, and lost worktime of the Department Head should the Department Head be subject to
such, should an action be pending after termination of the Department Head. City shall be
responsible for and have authority to compromise and settle any action, with prior consultation
6
adliAgree/Martin
RLS 99-435 - 6.122i99
•
• 6t/6iNA L
with Department Head, and pay the amount of any settlement or judgment rendered on that
action. Department Head shall cooperate fully with the City in the settlement, compromise,
preparation of the defense, or trial of any such action.
SECTION 12. GENERAL PROVISIONS.
(a) The text here shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing July 19, 1999.
(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 here.
IN WITNESS, the City of Huntington Beach has caused this Agreement to be signed and
executed on its behalf by its City Administrator and duly attested by its City Clerk, and the
Department Head has signed and executed this Agreement, both in duplicate, the day and year
first above written.
THE CITY OF HUNTINGTON BEACH:
By: 62e= r �'
Ray Si er, City Administrator
ATTEST:
-By: tiLQ.
City Clerk
7
adFAgree'Nartin
RIS 99-435 _6?22?99
By:
C Martin
APPROVED AS TO FORM:
By:
City Attorney
eF-ph'b' t- ';� 'I
RESOLUTION NO. 97-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTIItiGTON BEACH MODIFYING SALARY AND BENEFITS
FOR FISCAL YEARS 1997/98 AND 1998199
FOR NON -REPRESENTED EMPLOYEES
WHEREAS, the City Council of the City of Huntington Beach desires to modify
salary and benefits for non -represented employees for fiscal ,years 1997/98 and 1998/99,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1. Benefits for non -represented employees shall be modified as
reflected in Exhibit "A", effective as indicated.
SECTION 2. Salary for non -represented employees shall be modified as
reflected in Exhibit "B", effective as indicated.
SECTION 3. Except as modified, existing benefits shall remain in effect.
SECTION 4. 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 City of Huntington Beach
at a regular meeting thereof held on the 15th day of December , 1997.
ATTEST:
� 4t�'� -
City Clerk
REVIEWED AND APPROVED:
City Ad�rt nistrator
e4_f < A� -
Mayor
APPROVED AS TO FORM:
Z"-
City ttorne
rz 8 •�i �
INITIA
Deputy City Ai
Administrative
0 • (F ),h. b, t- 4 y
Res. No. 97-88
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, COWI E BROCKWAY, 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 the 15th day of December, 1997 by the
following vote:
AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo
NOES: None
ABSENT: Bauer
/Owx� &40M/xa� —
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
GlresoI uti1resbkpg/97-8 0
PTY OF ILINTINGTON BEACH,.
CLASSSPEcMcATION: ,
tR4
HUNTINGTON BEACH
TITLE: Director of Organizational Effectiveness DATE: January 12, 1999
DUTIES SUMMARY -- The fundamental reason for the existence of this classification is
to provide organizational development, communication and research services that meet
the identified needs of individual department and citywide change efforts and goals.
Areas of responsibility include process -mapping, research, training, legislative affairs,
grantsmanship and managed competition, to obtain optimum efficiency and economy of
operations.
DISTINGUISHING CHARACTERISTICS -- This position is a department head reporting
directly to the City Administrator, responsible for organizational development,
management and research programs. Incumbent must exercise considerable
independence of action and judgement in performing duties, which involve the
development, coordination, and implementation of organizational development and
change initiatives that assure city workforce is prepared to meet or exceed performance
goals.
EXAMPLES OF ESSENTIAL DUTIES -- Plans, develops and implements organization
policies and goals; conducts related research and needs analysis studies which result
in recommendations and implementation of appropriate action to assure organizational
effectiveness; oversees and coordinates the managed competition, process mapping
and improvements programs; develops methods/vehicles for improving internal
communications; serves as internal consultant with line management to provide
customized solutions for various departments; compiles data and analyzes past and
current year performance trends to prepare budgets and justify funds requested;
formulates training policies, programs and schedules, based on knowledge of identified
training needs, organizational processes, procedures or services; researches and
selects outside consultant trainer to conduct training in specific topics; coordinates and
evaluates training work performed by contractors and vendors; drafts applications and
proposals to submit to fund granting authorities such as government agencies and
foundations; coordinates citywide grantsmanship and intergovernmental relations effort;
confers with administrative personnel and reviews activity, and operating reports to
determine changes in programs or operations required; works with administrators,
department heads and managers to survey and assess employee development needs;
develops and maintains reporting systems to monitor departmental and employee
progress toward achieving organizational goals; develops employee motivational
programs; provides internal leadership consulting on employee and organizational
development; facilitates the alignment of individual development objectives and
organizational objectives; prepares reports and correspondence; performs other related
duties.
CITY OF HUNTINGTONBEACH
CLASS SPECIFICATION
ir<4
HUNTINGTON BEACH
TITLE: Director of organizational Effectiveness DATE: January 12, 1999
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may
add, modify, change or rescind work assignments as needed.
MINIMUM QUALIFICATIONS:
Knowledge of: The principles, methods and procedures utilized in;
organizational development, communication processes in complex
organizations, process mapping, professional ethics of group interaction and
interpersonal dynamics, organizational problem solving, conflict resolution,
management, supervision and research.
Ability to: Plan, organize, develop and implement comprehensive organization
and staff development programs; establish and maintain credibility with
employees, supervisors, and managers; model behavior that is consistent with
the organization values and basic principles; analyze problems and recommend
methods of resolution and change; perform the role of facilitator and effectively
utilize group dynamic skills and techniques; present information to groups in an
organized and timely manner; supervise the performance of in-house volunteers
and contract instructors; communicate effectively verbally and in writing; work
cooperatively with others.
Education: Bachelor's degree in public administration, public policy, business
administration, organizational development, industrial/organizational psychology
or related field. Master's degree and/or continuing education in a field related to
management or organizational development is preferred.
Experience: Five years as manager or supervisor in a local government
including working knowledge of organizational development tools,
intergovernmental relations and grantsmanship. Prior experience and proven
accomplishments in organizational development program design,
implementation and maintenance highly desirable.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task
questionnaires. Employee accommodations for physical or mental disabilities will be
considered on a case -by -case basis.
Job Specification Catalogue/Page Ref. 90 2 of 2 6/22/99 3:04 PM
C!' OF HUNTINGTON BEACI
MtETING DATE: December 16, 1997 DEPARTMENT ID NUMBER: 97-044
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Aip,5. City Cier s Signature
Council Meeting Date: December 15, 1997 Department ID Number:' 97-044
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUN*CERN
SUBMITTED BY: RAY SILVER, Acting City Administrator Q
PREPARED BY: ROBERT J'. FRANZ, Deputy City Administr
SUBJECT: APPROVE THE RESOLUTION TO MODEFITS
FOR NON -REPRESENTED EMPLOYEES CONTAINED IN
RESOLUTION NO. q?- V _.
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: To provide modifications to salary and benefits for Non -Represented
Employees.
Funding Source: 1997/98 and 1998/99 City Budget, as amended.
Recommended Action: 1. Approve the Resolution to Modify certain benefits for Non -
Represented Employees contained in Resolution No. 97-88
modifying Resolution No. 6567 and establishing benefits and salary
adjustments for Non -Represented employees
2. Appropriate $48, 806 to pay the increased salary and benefit
costs for 1997/98.
AItemative Action(s): Reject the proposed amendments to Resolution # 97 88 and maintain
current salary and benefit levels for Non -Represented employees.
Ands: Non -Represented employees including Department Heads and other
confidential employees of the City (a total of 36 employees) are not
represented by an employee organization. Benefits for these employees
were established initially by a resolution of the City Council and are
modified periodically as needed.
0029096.01 -2- 12/09197 9:34 AM
R#EST FOR COUNCIL ACTIOO
MEETING DATE: Decembe1 1997 DEPARTMENT ID NUMBER: 97-044 '
employees were established initially by a resolution of the City
Council and are modified periodically as needed.
Proposed modified salary and benefit changes -include the following:'
EXHIBIT A - BENEFIT PROVISIONS
1. Cost containment modifications to the City's Indemnity Medical
Plan involving prescription payments, outpatient surgery, second
surgeon's opinion and subsidized retiree medical as proposed in
Section IIIA.
2. Two tier the City's contribution toward medical insurance for
new employees at the highest HMO rate.
3. Limit the City's future contribution toward monthly health
insurance (medical, dental and vision) by category and plan at the
rate effective January 1,1999.
4. Two Her the Supplemental Retirement Benefit (Section IV A.2.)
by exempting all new employees hired after December 27, 1997,
from eligibility for this benefit.
5. Limit vacation accrual to 400 hours.
5. Provide five percent (50/a) special pay for Non -Represented
employees that use their bilingual skills in their job assignment.
EXHIBIT B - SALARY SCHEDULE
1. Provide a two percent (2%) general increase in the salary.schedule
for non -elected unit employees, effective December 27,1997.
2. Provide a two percent (2%) general increase in the salary schedule
for non -elected unit employees, effective December 28,1998.
Environmental Status: None
0029096.01 13- 12/10197 8:53 AM
REINEST FOR COUNCIL ACTIO
MEETING DATE: December 15, 1997 DEPARTMENT NUMBER: 97-044
Attachment(s):
0029096.01
-4-
12/10/97 8:53 AM
s
RESOLUTION NO. 97-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS
FOR FISCAL YEARS 1997/98 AND 1998/99
FOR NON -REPRESENTED EMPLOYEES
WHEREAS, the City Council of the City of Huntington Beach desires to modify
salary and benefits for non -represented employees for fiscal years 1997/98 and 1998/99,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1. Benefits for non -represented employees shall be modified as
reflected in Exhibit "A", effective as indicated.
SECTION 2. Salary for non -represented employees shall be modified as
reflected in Exhibit "B", effective as indicated.
SECTION 3. Except as modified, existing benefits shall remain in effect.
SECTION 4. 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 15th day of December , 1997.
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City Adr9histrator
Zoe
Mayor
APPROVED AS TO FORM:
&t
City Attorney 12 -97
It. •r•f? zi
Deputy City Adr
Administrative S
Res. No. 97-98
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF.HUNTINGTON BEACH )
I, CONNI<E BROCKWAY, 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 an
regular meeting thereof held on the 15th day of December, 1997 by the following
vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
City Clerk and ex-officio rk of the
City Council of the City of Huntington
Beach, California
G/resoluti/resbkpg/97-90
NOAEXHIBIT A
SSOCIATED EMPLOYEES
BENEFIT PROVISIONS
SECTION I - SPECIAL PAY
A. Education Reimbursement - Education costs shall be reimbursed to non -associated employees on
the basis of full refund for tuition, fees, books and supplies if related to job. Approval by the
Department Head and Deputy City Administrator/Administrative Servicesfor non -department
head persorinel, and approval of City Administrator for Department Heads is required prior to
incurring any costs. Refund shall be made when the employee presents proof to the Deputy City
Administrator/Administrative Services that he/she has paid such costs and received a passing
r
grade and that the job relatedness of the course was pre -approved by both the Department Head
and the Deputy City Administrator/Administrative Services.
B. ShQr1hg13Skill Pay - Employees who have successfully passed a shorthand skills test and who
are required to use shorthand regularly in their jobs shall receive additional compensation in the
amount of one hundred dollars ($100) per month. Shorthand skill may be required for selected
positions classified as Executive Assistant, Administrative Assistant, and Administrative
Secretary (Confidential).
C. Assigned Vehicle/Aujo Allowance
1. De,,rnartment Heads - Appointed Department Heads and the City Clerk, City Treasurer
and City Attorney shall have the option of an assigned city vehicle or an automobile
allowance of four hundred dollars ($400) per month plus reimbursement for out -of --town
travel at the approved mileage rate.
2. Designated Division Heads - Non Associated employees who were Division Heads
assigned a city vehicle as of July 2, 1983 shall have the option of an assigned city
vehicle or an automobile allowance of three hundred fifty dollars ($350) per month plus
reimbursement for out-of-town travel at the approved mileage rate.
3. Qthgrs - Non Associated employees who are regularly required to travel to perform
official city business but do not have an assigned vehicle or automobile allowance shall
be provided with a vehicle for such business.
C
D. - Non -Associated employees sh provided once every two
years with a city paid p ical examination comparable to the curt lass physical examination
or reimbursed the amount authorized for said physical examination. No more than one-half of
the eligible employees shall receive examinations in any one fiscal year. Department Heads
shall be required to take the scheduled physical examination. Said exam shall be comprehensive
in nature and shall include:
1. A complete medical history, physical exam and review of results by a physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool
test for blood.
E. Employees that utilize their bilingual skill as part of their job assignment shall be paid an
additional five percent (5%) over their regular monthly salary upon certification as to their
language proficiency by the Personnel Director.
SECTION II - HOURS OF WORK/OVERTME/TME OFF
Non -Associated employees shall not be eligible for overtime compensation. However, Non -Associated
employees designated as "non-exempt" (NE) may be granted paid or compensatory time off at time and
one half for hours worked over 40 hours in a work week. Any time off for sick leave during a work week
does not constitute hours worked and such time shall be counted toward the calculation of hours worked.
Time off for "exempt" nort-associated employees may be granted by their respective department heads, or
in the case of an appointed department head, by the City Administrator.
SECTION III - HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance
I. Medical
a. The CITY shall continue to provide group medical benefits to all non associated
employees with coverage and other benefits comparable to the group medical plan
currently in effect. The City Administrator is authorized to modify the benefits
described in this Section to reflect changes necessary to make benefits comparable to
those benefits provided other managers in the CITY.
b. The coverage and benefits provided under the CITY Self -Insured and Self -Administered
Indemnity Plan, as provided in the Employee Health Plan Document, shall be modified
as follows:
1. Prescription Payments - Employees shall be required to obtain the generic drug
when available unless his/her physician specifically stipulates a brand name
drug. The employee would be paying, in addition to the co -payment, the
difference between the generic and the brand name cost.
2
2. Surgery - Plan to pay ninety percent ( for PPO providers and
seven rcent (70%) for non-PPO providers usual, customary and
reasonable charges after the deductible is met. This applies to outpatient
surgical facilities, outpatient services in a hospital, surgeons, anesthesiologists
and all pre -admission testing.
3. Elimil]ation of Mandatory Second SlIrgeon's Qpjnion Procedures - The Plan
shall require the attending physician call OCPPO on all proposed, elective
surgeries for a determination of second surgical opinion requirements. OCPPO
Will have the authority to waive or require a second surgical opinion. _OCPPO
will provide the patient with a list of Board Certified surgeons in the same
specialty. The charges for the second surgical consultant will continue to be
paid at one hundred percent (I00%) and not subject to the deductible.
4, bsidiZCd Retiree Medical - Benefits to be paid at the rate of ninety percent
(90%) for PPG's and seventy percent (70%) for non-PPO's.
_��
1) The CITY will assume payment, subject to the Iimitations set forth in Section
III.A.1.c.2-3. below, for dependent medical insurance effective the first of the
month following the month during which the Non -Associated employee completes
six (6) months of full time continuous service with the CITY. For purposes of
determining continuous service, there shall be no accrual of hours for the period of
time an employee is on a non -pay status for a complete pay period. _
2)
Effective January 1, 1998, the City shall pay medical, dental and vision insurance
premiums by category and plan as follows:
Monthly
City
Health =
Pact scare
Delta
Delta :
Safeguard
VSP ......
n :....:::Net....:.:.
$
:Dental .:
.:: Care::- ...
- ..,.:...
:.(Vslon}::.
Employee
01<1y
$238.62
$153.26
$150.21
$34.59
$21.48
$18.56
$17.10
Employee
+ One
477.26
335.53
329.14
66.07
36.51
33.41
17.10
Employee
+ Family
595.47
440.99
433.82
93.86
55.83
42.64
17.10
Effective January 1, 1999, the City shall contribute toward medical, dental and
vision insurance premiums by category and plan at the rate effective on that date
for employees hired prior to December 27, 1997.
3
MWArm. ME
Effective January 1, 1997, the City's' contribution toward medical insurance
premiums shall be no more than the rate set for (1) employee only, (2) employee
plus one, or (3) employee plus family in either of the HMO plans offered by the
City. Should the employee elect to be covered by the City plan, he/she shall pay
an amount equal to the highest HMO rate in the category of coverage selected by
the employee. The employee shall pay the difference.
The City's contribution toward dental and vision insurance shall be:
iYlonthly
Delta
Delta {afeg
Suard
YSP
.:
Premium
(Vision) .
Employee
Only
$34.59
$21.48
$18.56
$17.10
Employee +
One
66.07
36.51
33.41
17.10
Employee
+ Family
93.86
55.83
42.64
17.10
Effective January 1, 1999, the City shall contribute toward dental and vision
insurance premiums by category and plan at the rate effective on that date for
employees hired on or after December 27, 1997.
2. Dental
The CITY shall provide an indemnity dental insurance plan comparable to Delta Dental Plan
4729 and a prepaid dental plan comparable to Delta Care Plan 0039.
3. ORtical
The CITY shall provide a Vision Care Plan effective January 1, 1989 for employees and their
dependents.
B. Life and Accidental Death and Dismemberment Insurance
Each non -associated employee under age sixty-five (65) shall be provided with $45,000 life insurance
and $45,000 accidental death and dismemberment insurance paid for by the CITY. Each employee shall
have the option, at his/her own expense, to purchase an additional amount of life insurance in the amount
of $25,000 and accidental death and dismemberment insurance in the amount of $25,000, $50,000 or
$100,000. Evidence of insurability is contingent upon total participation in additional amounts.
C. Long Term Disability Insurance
This program provides for each incident of illness or injury, a waiting period of sixty (60) calendar days,
during which the non -associated employee may use accumulated sick leave and vacation pay.
Subsequent to the sixty (60) day waiting period, the employee will be covered by an insurance plan paid
for by the CITY providing sixty six and two-thirds percent (66 2/3%) of the first $10,000 of the
employee's basic monthly earnings up to a maximum monthly benefit of $6,666.67.
The maximum benefit period for disability due to injury or illness shall be to age sixty-five (65).
n
Days and months refer to ca&r days and months. Benefits under than 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 perform all of the duties of regular
occupation during two years and thereafter the inability to engage in any employment or occupation for
which he is fitted by reason of education, training or experience." Rehabilitation benefits are provided in
the event the individual, due to disability, must engage in. other occupation. Survivor's benefits continues
to plan payment for three months beyond death. A copy of the plan is on file in the Administrative
Services Department.
D. 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.
V
5
SE0I0N 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 City of
Huntington Beach.
2. eI.f Funded Supplemental -Retirement Benefit - In the. event a Non -Associated 'employee
member elects Option #2 (Section 21333) or Option 43 (Section 21334) 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.
a. Upon retirement, whether service or disability connected, each non -associated employee
shall be entitled to cause himself or herself, 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 COBRA (Federal Law). 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 VI.A.3.a, above, the City will
provide a financial contribution towards the cost of retiree medical premiums as
described in Section VII.
C. Retired employees exercising either option (per paragraphs a. or b. above) may cause
any premiums not paid by the CITY to be paid for retiree medical insurance out of any
available funds due and owing them for unused sick leave benefits upon retirement,
provided; however, that whenever any such retired employee does not have any such
available funds with which to cause the premiums to be paid, he or she shall have the
opportunity to provide the CITY with sufficient funds to pay 'the premiums. At
retirement, the sick leave hours remaining may, at the employee's option, be converted to
a dollar figure and an estimate shall be provided by the CITY to the retired employee as
to the approximate number of months the group insurance can be paid by such sick leave
dollars. The calculation of such sick leave dollars shall be in accordance with Section
V.C.2. The CITY shall notify any retired employee whose funds available for unused
sick leave benefits are about to be exhausted of such fact in writing by certified mail,
return receipt requested, at the retired employee's most recent address of record with the
CITY no later than three (3) months prior to the date upon which there will not be
sufficient funds to pay premiums. It shall be the individual retiree's responsibility either
to insure that there are sufficient sick leave dollars available to pay premiums or to make
premium payments at least one (1) month in advance to continue the group insurance in
6
effect. If, fol ing exhaustion of sick leave funds, a r employee fails to provide
the CITY witlWicient additional funds to pay premiuW,ie CITY shall have the right '
to notify said retired employee in the manner prescribed above that it intends to cause his
or her coverage to be terminated for non-payment of premiums, and the further right to ,
terminate such coverage if such default has not been cured within thirty five (35) days
after mailing such notice. Any retired employee electing to obtain such. -medical
insurance coverage after retirement shall have the further option to terminate such
coverage following the provision of thirty (30) days written notice to the CITY,
whereupon any funds due and owing him or her'for unused sick leave benefits that have.
not been exhausted to pay these health insurance premiums shall be paid in an'lump sum,
to the retired employee within thirty (30) days following receipt by the CITY of such
� notice; provided, however, that once such retired employee elects to terminate such
coverage, he or she shall be precluded from securing it at a later date at the group rate.
B. Public Employees' Retirement System Reimbursement and Reporting
1, Fmployees' Contribution -Non-Associated employees shall be reimbursed once every two weeks
(2) 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. The above PERS pickup is not base salary but is done pursuant to section
414 (h) (2) of the Internal Revenue Code.
7
SECOON V -LEAVE BENEFITS •
A. Vacation
1. Accrual - Vacation leave for non associated employees shall be accrued as follows:
Years of Service
Vacation Allowance
First through Fourth Year
112 hours
Fifth through Ninth Year
136 hours
Tenth through Fourteenth Year
160 hours
Fifteenth Year and Thereafter
192 hours
2. Eligqbility jind Permission - Accrued vacation 'may be taken after six (6) months' service.
Vacation (and sick leave) accrued time are to be computed from hiring date anniversary. Non -
Associated employees shall not be permitted to take a vacation in excess of actual time earned.
Effective December 31, 1999, Non Associated employees shall not accrue vacation in excess of
four hundred hours (400). Employees that have accrued more'than four hundred hours (400)
shall be permitted a one time buy down of vacation in excess of four hundred hours (400)
through December 31, 1999. Employees may not use their vacation to advance their separation
date on retirement or other separation from employment.
i
a. Cash Advance - Upon one (1) week written notification to the Chief of Administrative
Services, an employee shall be entitled to receive his/her earned vacation pay, less
deductions, in advance, prior to his regularly scheduled annual vacation. Such advances
are limited to one during each employee's anniversary year.
b. Pau Off_ at -Termination - An employee shall be paid for unused vacation upon
termination of employment at which time such terminating employee shall receive
compensation at his/her current salary rate for all unused, earned vacation to which
lie/she is entitled up to and including the effective date of his/her termination provided,
however, that there shall be no compensation for unused vacation hours accrued in
excess of 400 hours except as provided in V. A.2 above.
C. t Qnversion to Cash - Once 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
eighty hours (80) of vacation benefits. The employee shall give two (2) weeks advance
notice of his or her decision to exercise such option.
8
r.4
M1
Holidays - The folloAk are paid holidays: •
1. New Year's Day
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 (July 4)
6. Labor day (first Monday in September)
7. .. Veteran's Day (November 11 Unless designated as a different date by:City_Council)
8. Thanksgiving Day.(fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
11. 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.
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. Famil Sick ,Leave - Sick leave may be used for an absence due to illness of the employee's
spouse or child when the employee's presence is required at home, provided that such absences
shall be limited to five (5) days per calendar year.
2. 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
(75%) 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.2.d. below.
Upon termination for any other reason, employees shall be compensated at their then
current rate of pay for fifty (50%) 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, 1978 shall be entitled to the
following sick leave payoff plan:
Z
Upon terming , all employees shall be paid, at thei en current salary rate, for
twenty-five pint (25%) of unused, earned sick IeaveW80 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.A.3.b.4. below.
C. Except as provided in paragraph V.C.2.d. below, no non associated employee shall be
paid at termination for more than 720 hours of unused, accumulated sick leave.
However, employees may utilize accumulates 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 under the formulas described in paragraphs V.C.2.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 compensabee amount shall be correspondingly reduced.
(Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980,
employee has 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 hours.)
Bereavement Leave
Non -Associated employees shall be entitled to bereavement leave not to exceed three (3) working days
per calendar year in case of death in the immediate family. "Immediate family" is defined as father,
stepfather, mother, stepmother, sisters, brothers, stepsisters, stepbrothers, mother-in-Iaw, father-in-law,
spouse, children, stepchildren and grandparents of the employee or spouse.
10
SECTION VI WTIREE SUBSIDY MEDICA�
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 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. Following official separation from the City the employee is granted a retirement allowance by
r 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 any one of the following:
1. During any period the retired employee is eligible to receive or receives health insurance
coverage at the expense of another employer, the payment will be suspended. "Another
'A employer" as used herein means private employer or public employer or the employer of
a spouse. As a condition of being eligible to receive the premium contribution as set
forth in this plan, the City shall have the right to require any retiree to annually certify
that the retiree is not receiving or eligible to receive any such health insurance benefits
from another employer.. If it is later discovered that a misrepresentation has occurred,
the retiree will be responsible for reimbursement of those amounts inappropriately
expended and the retirees' eligibility to receive further benefits will cease.
2. 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 Part A 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. Upon receipt by the City that a retiree does not qualify for
paid Part A Medicare, the City shall reimburse the retiree for his/her premium costs to be
enrolled in Part A Medicare.
3. In the event the Federal Government or State Government mandates an employer -funded
health plan or program for retirees, or mandates that the City make contributions toward
a health plan (either private or public) for retirees, the City's contribution rate as set forth
in this plan shall first be applied to the mandatory plan. If there is any excess, that
excess may be applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance necessary for such coverage, if any.
4. 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
11
death, shall bed on behalf of the spouse or family for�eriod not to exceed twelve
(12) months.
1.Minimum ElWbility fQr Bentfits, - With the exception of an industrial disability
retirement, eligibility for benefits begins after an employee has completed ten (10) years
of continuous 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.
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.
3. All retirees, including those retired as a result of disability whose number of years of
service prior to retirement exceeds ten (10), shall be entitled to maximum monthly
payment of premiums by the City for each year of �QMDlejcd City service as follows:
12
Maximum Monthly Payment
for
Retirements After:
10
$121
11
136
12
I51
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
Note: The above 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.
13
SECTION VIII -RULES WVERNING LAYOFF, RED�ION IN LIEU OF
LAiWF AND REEMPLOYMENT
The following procedures shall not apply to Department Heads and the Assistant City Administrator,
Part 1. Layoff Procedure
1. Whenever it is.necessary because of lack of work or funds to reduce.the staff of a City
department, -employees may be laid off pursuant to these rules.
2. Whenever an employee is to be separated from the competitive service because the tasks
assigned are to be eliminated or substantially changed due to management -initiated
changes, including but not limited to automation or other technological changes, it is the
policy of the City that steps be taken by the Personnel Division on an interdepartmental
basis to assist such employee in locating, preparing to qualify for, and being placed in
other positions in the competitive service. This shall not be construed as a restriction on
the City government in effecting economies or in making organizational or other
changes to increase efficiency.
3. A department shall reduce staff by identifying which positions within the department are
to be eliminated.
4. The employee who has the least City-wide service credit in the class within the
department shall have City-wide transfer rights in the class pursuant to Part 1., Section
3., Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the occupational
series pursuant to Fart 2., Bumping Rights.
5. If a deadline within this procedure falls on a day the City Hall is closed, the deadline
shall be the next day City Hall is open.
I. Service credit means total time of full-time continuous service within the City at the time
the layoff is initiated, including probation, paid leave or military [eave. Permanent part-
time employees earn service credit on a pro rata basis.
2. Except as required by law, leaves of absence without pay shall not earn service credit.
3. As between two or more employees who have the same amount of service credit, the
employee who has the least amount of service in class sliall be deemed to be the least
senior employee.
I . In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least
amount of service credit in the class designated for staff reduction within a department
subject to the following:
a. The employee has the necessary qualifications to perform the duties of the
position.
b. The employee shall be given the opportunity, in order of service credit, to accept
a transfer to a vacant position in the same class within the City, provided the
employee has the necessary qualifications to perform the duties of the position.
C. If no position in the same class is vacant, the employee shall be given the
opportunity, in order of service credit, to transfer to the position in the same
class that is held by an incumbent in another department with the least amount of
service credit whose position the employee has the necessary qualifications to
perform.
14
D.
d. If an Coyee(s) is not eligible for transfer witt1he employee's class, the
employee shall be offered, in order of service credit, a reduction to a vacant
position in the next lower class within the City in the occupational series in lieu
of layoff provided the employee has the necessary qualifications to perform the
duties of the position.
e. If the employee refuses to accept a transfer or reduction pursuant to A. or B.,
above, the employee shall be laid off.
f. If the employee(s) in the class with the least amount of service credit is in the
position(s) .to be eliminated or displaced by transfer, -the employee shall be
offered bumping rights, pursuant to Part 2. :
g. Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3., Reemployment.
Prior to implementing a layoff, vacant positions that are authorized to be filled shall be
identified by City-wide occupational series. If the employee refuses to accept a position
pursuant to Section 3., above, the employee shall be laid off.
No promotional probationary employee or permanent employee within a class in the
department -shall be laid off until all temporary, non -permanent part-time and non
promotional probationary employees in the class are laid off. Permanent employees
whose positions have been eliminated may exercise City-wide bumping rights to a lower
class in the occupational series pursuant to Part 2.
When a position in a class and/or occupational series is eliminated, any employee in the
class who is on authorized leave of absence or is holding a temporary acting position in
another class shall be included for determining order of service credit and be subject to
these layoff procedures as if the employee was in his or her permanent position.
15
J
1. The Personnel Division shall give written notice of layoff to the employee by personal
service or by sending it by certified mail to the last known mailing address at least
fifteen (15) calendar days prior to the effective date of the layoff. Normally notices will
be served on employees personally at work.
2. Layoff notices may be initially issued to all employees who may be subject to layoff as a
result of employees exercising voluntary reduction/bumping rights.
3. The notice of layoff shall include the reason for the layoff, the effective date of the
layoff, the employee's hire date and the employee's service credit ranking. The notice
shall also include the employee's right to bump the person in a lower class .with the least
service credit within the occupational series provided the employee possesses the
necessary qualifications to successfully perform the duties in the lower class and the
employee has more service credit than the incumbent in the lower class.
4. The written layoff notice given to an employee shall include notice that he or she has
seven (7) calendar days from the date of personal service, or date of delivery of mail if
certified, to notify the Personnel Director in writing if the employee intends to exercise
the employee's bumping rights, if any, pursuant to Part 2., Bumping Rights.
5. Whenever practicable, any employee with the least amount of service credit in a lower
class within an occupational series which is identified for work force reduction shall also
be given written notice that such employee may be bumped pursuant to Part 2. This
notice shall include the items referred to in C., above.
6. If an employee disagrees with the City's computation of service credit or listed date of
hire, the employee shall notify the Personnel Director as soon as possible but in no case
later than five (5) calendar days after the personal service or certified mail delivery.
Disputes regarding date of hire or service credit shall be jointly reviewed by the
Personnel Director and the employee and/or the employee's representative as soon as
possible, but in no case later than five (5) calendar days from the date the employee
notifies the Personnel Director of the dispute. - Within five (5) calendar days after the
dispute is reviewed, the employee shall be notified in writing of the decision.
16
Part 2. Bumping Rights 0 0
A. Voluntary Reduction or Bumping in Lieu of Layoff
1. A promotional probationary employee or permanent employee who receives a layoff
notice may request a reduction to a position in a lower class within the occupational
series provided the employee possesses the necessary qualifications to perform the duties
of the position.
2. Employees electing reduction under A. above, shall be reduced to a position authorized
to be filled in a lower class within.the employee's occupational series. The -employee
_r may reduce to a lower class in his/her occupational series by 1) filling a vacancy in that'
class, or 2) if no vacancy exists, displacing the employee in the class with the least
service credit, whose position the employee has the necessary qualifications to perform.
A displaced employee shall have bumping rights.
3. An employee who receives a layoff notice must exercise bumping rights within seven (7)
calendar days of receipt of the notice as specified in Part 1. Failure to respond within the
time limit shall result in a reputable presumption that the employee does not intend to
exercise any right of reduction or bumping to a lower class. The employee must carry
the burden of proof to show that the employee's failure to respond within the time limits
was reasonable. If the employee establishes that failure to respond within the time limit
was reasonable, to the Personnel Director's satisfaction, the employee shall be permitted
to exercise bumping rights but shall not be reinstated to a paid position until the
employee to be bumped has vacated the position. if the employee disagrees with the
Personnel Director's decision, the employee may appeal pursuant to the provisions of
Sections 3 and 4 below.
B. ReinstaterridnYR-eemployment Lists
Any employee who takes a reduction to a position in a lower class within the occupational series f
in lieu of Iayoff shall be placed on the reinstatement/reemployment list pursuant to Part 3.
�= Reemployment.
C. Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class within the occupational
series on the basis that the employee does not possess the necessary qualifications to successfully
perform the duties of the Iower position may appeal the decision. The appeal shall be filed with
the Personnel Director within five (5) calendar days of the employee's receipt of written notice
of the decision and reason(s) for denial. The employee's appeal shall be in writing and shall
include supporting facts or documents supporting the appeal.
I. Upon receipt of an appeal, the Personnel Director shall contact a mediator from the
California State Mediation and Conciliation Service to schedule a hearing within two (2)
weeks after receipt of the appeal. If the California State Mediation and Conciliation
Service is not available within that time frame, the parties shall mutually select a person
who is available within the time frame. If the California State Mediation and
Conciliation Service and the person mutually selected are not available within the time
frame, the parties shall select the earliest date either is available to conduct the hearing.
The parties shall split the cost, if any, of the hearing officer. In addition, the parties shall
meet within three (3) work days to attempt to resolve the dispute. If the dispute remains
unresolved, the parties shall endeavor in good faith to submit to the hearing officer a
statement of all agreed upon facts relevant to the hearing.
17
2. Appeal hearinalI be limited to two (2) hours, exceotherwise agreed by the
parties or dircd§Wby the hearing officer.
3. The hearing officer shall attempt to resolve the dispute by mutual agreement if possible.
If no agreement is reached, the hearing officer shall render a decision at the conclusion
of the hearing which shall be final and binding.
PART 3. REEMPLOYMENT
0 10 0 :rtti't1�'i • Z u - s
1. Employees who are laid off or reduced to avoid layoff shall have their names placed
upon a reemployment list, for each class in the occupational series, in seniority order at
or below the level of the class from which laid off or reduced.
2. Names of persons placed on the reemployment lists shall remain on the list for two (2)
years from the date of layoff or reduction.
3. Vacancies shall be filled from the reemployment list for a class, starting at the top of the
list, providing that the person meets the necessary qualifications for the position.
4. Names of persons are to be removed from the reemployment list for a class if on two (2)
occasions they decline an offer of employment or on two (2) occasions fail to respond to
offers of employment in a particular class within five (5) calendar days of receipt of
written notice of an offer. Any employee who is dismissed from the City service for
cause shall have his or her name removed from all reemployment lists.
5. Reemployment lists shall be available to HBMEA and affected employees upon
reasonable request.
6. Qualifications appeals involving reemployment rights shall be resolved in the same
manner as that identified in Part 2., Section 4.
1. Persons reemployed from layoff within a two (2) year period from the date of layoff
shall receive the following considerations and benefits: ,
a) Service credit held Upon layoff shall be restored, but no credit shall be added for
the period of layoff.
b) Prior service credit shall be counted toward sick Ieave and vacation accruals.
c) Employees may cash in sick leave upon layoff or at any time after layoff in the
spanner and amount set forth in existing Memoranda of Understanding for that
employee's unit. Sick leave shall be paid to an employee when the
reemployment list(s) expire(s), if not previously paid.
d) Upon reinstatement the employee may have his or her sick leave re -credited by
repayment to the City the cashed amount. Sick leave accumulation of less than
480 hours shall be restored upon reemployment.
e) The employee shall be returned to the salary step of the classification held at the
time of the layoff and credited with the time previously served at that step prior
to being laid off.
f) The probationary status of the employee shall resume if incomplete.
2. Employees who have reduced to avoid layoff and are returned within two (2) years to
their former class shall be placed at the salary step of the class they held at the time of
reduction and have their merit increase eligibility date recalculated.
18
CITJWF HUNTINGTON BEACH •
demnity Health Plan
Employees and Retirees
(January 1, 1998)
Deductible Per Person
Maximum Per Family
Maximum Out -of -Pocket
Expenses (Excludes Deductible)
Per Person/Per Family
$150 / $450
$1,000 / 2,000
$200 / $500
$1,500 / 3,000
* This summary list only those benefits provisions that differ between active and
subsidized Retiree Plans. The Employee Health Plan document should be consulted for
detailed questions about specific benefits. Benefits are subject to modification through
the meet and confer process.
Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be
entitled to benefits of the program chosen.
19
•
•
ATTACHMENT #3
NorEXHIBIT B
sociated Salary Schedule
Effective December 27, 1997
S#eW
C)Eassif cafYon Range A B D E
>v Administrative Assistant
Assistant City Administrator
Budget Analyst Senior
Deputy City Administrator/Admin. Svcs
Deputy City Administrator
Director Community Development
Director Community Services
Director Economic Development
Director Library Services
Director Public Works
Executive Assistant
Fire Chief
Management Assistant
Personnel Analyst/Principal
Personnel Assistant
Personnel Director
Police Chief
398
2752
2903
3062
3230
3409
617
8200
865I
9127
9630
10,160
485
4246
4480
4726
4986
5260
589
7132
7524
7938
8375
8836
535
5449
5749
6064
6397
6749
589
7132
7524
7938
8375
8836
589
7132
7524
7938
8375
8836
589
7132
7524
7938
8375
8836
560
6172
6512
6870
7248
7647
597
7422
7831
8261
8715
9195,
430
3225
3402
3589
3787
3995
597
7422
7831
8261
8715
9195
443
3444
3633
3832
4043
4265
493
4418
4660
4917
5187
5473
369
2378
2508
2646
2792
2946
535
5449
5749
6064
6397
6749'
605
7723
8148
8597
9070
9569
23
NORAEXHIBIT B •
SSociated Salary Schedule
Effective December 28, 1998
teps
Classtficahon Ran e A B C D E
v.:......., ::........
Administrative Assistant
402
2808
2962
3125
3296
3478
Assistant City Administrator
621
8366
8827
9313
9824
10,365
Budget Analyst Senior
489
4331
4569
4820
5085
5364
Deputy City Administrator/Admin. Svcs.
593
7276
7676
8099
8545
9015
Deputy City Administrator
539
5560
5865
6188
6527
6886
Director Community Development
593
7276
7676
8099
8545
9015
Director Community Services
593
7276
7676
8099
8545
9015
Director Economic Development
593
7276
7676
8099
8545
9015
'irector Library Services
,j/ 564
6295
6642.
7007
7392
7800
Director Public Works
/r• 60I
7574
7990
8430
8893
9382-
Executive Assistant
434
3293
3473
3664
3865
4078
Fire Chief
601
7574
7990
8430
8893
9382
Management Assistant
447
3510
3702
3906
4121
4348
Personnel Analyst/Principal
497
4508
4756
5018
5293
5584
Personnel Assistant
373
2428
2561
2702
2851
3009
Personnel Director
539
5560
5.865
6188
6527
6886
Police Chief
609
7881
8314
8772
9254
9763
A3 0
S�&3
24
ATTACHMENT #4
EXHIBIT C •
Miscellaneous Provisions
of the
Retiree Subsidy Medical Plan
Eligibility:
1. The effective start-up date of .the Retiree Subsidy Medical Plan (80% PIan) 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. Personnel
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.
4. When a retiree is eligible for medical plan coverage at the expense of another employer due to
post -retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse
must take that coverage regardless of benefit level and shall be deleted from any City Plan
coverage. Exceptions to this requirement are limited to the following:
a) A retiree is not required to enroll in such 'other" medical plan coverage if there is
significant disparity between the benefits provided by the "other" medical plan and the
Retiree Subsidy Medical Plan as defined below. "Significant disparity" means coverage
available under the 'other" medical plan is restrictive or limited in one or more of the
following ways:
1. No inpatient hospitalization coverage.
2. No major medical benefits.
3. Annual deductible is $1,000 or greater per person.
4. Major medical benefits are paid at 60% or less of covered expenses.
b) The Risk Manager will have the authority to provide additional exceptions following
review of the 'other" medical plan policy. Exceptions will be made only if the 'other"
medical plan benefit provisions are comparable to the guidelines under "B" above. _
c) Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical PIan will be coordinated
with the "other" medical plan as the primary carrier.
2. The City shall have the right to require any retiree to provide a copy of the
"other" medical plan policy for review by the Risk manager.
5. When a retiree becomes eligible for other group coverage and then becomes no longer eligible,
he/she may have the subsidy reinstated and regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy Medical Plan or they may
choose to exercise COBRA rights along with the retiree.
20
7.When a retiree becomes 6540 has eligible dependents under 65, s ependents are eligible to
exercise COBRA righ
8.When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered.
Benefits:
I. Retiree Subsidy Medical . Plan includes California Psychological . Health : Plane (CPHP)'
Prescription Card System (PCS), Orange County Preferred Provider Organization (OCPPO) 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.
Subsidies:
. 1. The subsidy payments will pay for:
a) Retiree Subsidy Medical Plan
b) HealthNet
c) Family Health Plan (FHP)
d) - Part 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
3. Employees who retire on or after the following dates shall be eligible for the subsidy based on
years of completed service with the City:
October 1, 1987 - MEO, MEA, POA, MSOA, FA, PMA
July 1, 1988 - Non -Represented
Retirees who retire prior to the above dates are not eligible for any subsidy benefit.
Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited 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 Part A of Medicare if
the individual elects to take Medicare. In all cases Part B of Medicare is paid for by the
participant.
21
2. When a retiree and hr spouse are both age 65 or over, and r is eligible for paid Part A
of Medicare, the su shall pay for Part A for each of th or the maximum subsidy,
whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible
for paid Part 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 Part A only.
Cancellation:
_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 the 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 Part 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 Personnel in accordance with provisions of the
Memorandums of Understanding.
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.
22