HomeMy WebLinkAboutCULBRETH-GRAFT, PENELOPE - 2004-05-17' I tj*
AM 8: 46
Council/Agency Meeting Held: /� `o?O - Olii
Deferred/Continued to:
C�J'Qp roved ❑ Conditionally Approved ❑ Denied
V9Li�1TINIGi'G ` 0�f '
St'> City Clerk's Signature
Council Meeting Date: 11/20/2006
Department ID Number: CA06-37
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
((l13/ $ 6
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Approve Amendment to Agreement for Personal Services - City
Administrator Dr. Penelope Culbreth-Graft
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue: The City Council has requested the preparation of an amendment to
the City Administrator's employment agreement.
Funding Source: 10030101.51110
Recommended Action: Motion to: 1. Approve Amendment to Agreement for Personal
Services — City Administrator — Penelope Culbreth-Graft.
2. Authorize execution of the Amendment by the Mayor and City Clerk.
Alternative Action(s): Do not approve Amendment To Agreement For Personal
Services - City Administrator Dr. Penelope Culbreth-Graft
Analysis: The City Council has directed the preparation of an amendment to the City
Administrator's employment agreement. Approval of the amendment would provide a ten
percent (10%) salary increase and allow for the City Administrator to perform occasional
teaching duties on an adjunct faculty basis. All other terms and conditions of the City
Administrator's employment remain unchanged.
�-9
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 11/20/2006 DEPARTMENT ID NUMBER: CA06-37
Environmental Status: N/A
Attachment(s):
Amendment To Agreement For Personal Services - City
Administrator Dr. Penelope Culbreth-Graft
-2- 11/14/2006 8:17 AM
ATTACHMENT NO. 1
AMENDMENT TO
AGREEMENT FOR PERSONAL SERVICES - CITY ADMINISTRATOR
DR. PENELOPE CULBRETH-GRAFT
THIS AMENDMENT is entered into by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California, herein called "CITY," and DR.
PENELOPE CULBRETH-GRAFT, herein called "EMPLOYEE."
WHEREAS, CITY and EMPLOYEE are parties to that certain agreement dated May 17,
2004, entitled "Agreement For Personal Services — City Administrator Dr. Penelope Culbreth-
Graft," hereinafter referred to as the "Original Agreement;" and
The parties wish to amend the Original Agreement to provide for a salary adjustment for
EMPLOYEE and to allow EMPLOYEE to perform occasional teaching duties performed on an
adjunct faculty basis,
NOW, THEREFORE, it is agreed by CITY AND EMPLOYEE as follows:
1. AMENDMENT OF SECTION 1 ENTITLED "EMPLOYMENT"
Section 1 of the Original Agreement, entitled "Employment," is hereby amended
to read as follows:
1. EMPLOYMENT. CITY hereby agrees to employ EMPLOYEE
as City Administrator of the City of Huntington Beach to perform the functions
and duties specified in the City Charter, and to perform other legally permissible
duties and functions as the City Council shall from time to time assign.
EMPLOYEE is a Charter Officer and possesses the powers and is subject to the
limitations of the Charter, including Sections 400 and 401. EMPLOYEE will
accept no other employment during the term of this Agreement without the
express prior approval of the City Council of CITY; except, however that the term
"employment" as used in this paragraph shall not be construed to prohibit
occasional teaching duties performed on an adjunct faculty basis.
06-701/5904 1
2. AMENDMENT OF SECTION 3 ENTITLED "COMPENSATION"
Paragraph "A" of Section 3 of the Original Agreement, entitled "Compensation,"
is hereby amended to read as follows:
A. CITY agrees to pay EMPLOYEE a base annual salary of
$226,054.40, in installments at the same time as other employees of CITY are
paid. EMPLOYEE shall receive the same percentage salary adjustment, if any,
conferred upon the CITY'S Non -Associated Employees effective each succeeding
January 1.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their authorized officers on
EMPLOYEE:
Dr. Penel6pe Culbreth-Graft
November 20, .2006.
CITY:
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
Mayor
IML
ty, Clerk
APPROVED AS TO FORM:
City Attorney
DL
f-4-1
111,1106
06-701/5804 2
RCA ROUTING SHEET
INITIATING DEPARTMENT:
City Attorney
SUBJECT:
Approve AMENDMENT TO AGREEMENT FOR
PERSONAL SERVICES - CITY ADMINISTRATOR DR.
PENELOPE CULBRETH-GRAFT
COUNCIL MEETING DATE:
November 20, 2006
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
❑
Resolution (w/exhibits & legislative draft if applicable)
Attached
Not Applicable
❑
Tract Map, Location Map and/or other Exhibits
Attached
Not Applicable
❑
Contract/Agreement (w/exhibits if applicable)
Attached
Signed in full by the City Attorney
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
❑
Certificates of Insurance (Approved by the City Attorney)
Attached
El
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
Not Applicable
❑
Bonds (If applicable)
NAttached
ot 'cable
❑
Staff Report (If applicable)
Attached
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
Not Applicable
❑
Findings/Conditions for Approval and/or Denial
Attached
Not Applicable
❑
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Deputy City Administrator Initial
City Administrator Initial
City Clerk
RCA Author: PDA 06-701/5805
v`
10CITY OF HUNTINGTON BEA ri---
MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: CA 04-08
Council/Agency Meeting Held: -�5— O
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
.. Ci Cl rk' Sig t e
Council Meeting Date: May 17, 2004
Departme t I Number: CA 04-08
CITY OF HUNTINGTON BEACH
C
C=,
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR PRO TEM AND MEMBERS OF THE &Y
COUNCIL
SUBMITTED BY: CATHY GREEN, MAYORil "y
PREPARED BY: Peter Grant, Principal Administrative Analy�z�
SUBJECT: Agreement with Penelope Culbreth-Graft to serve as City
Administrator
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City Council approve a personal services agreement with
Dr. Penelope Culbreth-Graft to serve as City Administrator?
Funding Source: Sufficient funds exist in the City Administrator's budget, 10030101.
Recommended Action:
1. Approve the appointment of Dr. Penelope Culbreth-Graft as City Administrator; and
2. Authorize the Mayor and City Clerk to execute a personal services agreement
between the City of Huntington Beach and Dr. Penelope Culbreth-Graft.
Alternative Action(s):
1. Do not approve the agreement and provide appropriate direction.
Analysis:
The City Council has completed a nationwide recruitment for Huntington Beach's next City
Administrator and concluded contract negotiations with a final candidate, Dr. Penelope
Culbreth-Graft
c
H:\City Administrator Recruitment\RCA for Culbreth-Graft Contract.doc; -2t
5/10/2004 3:03 PM
0 REQUEST FOR ACTION •
MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: CA 04-08
Dr. Culbreth-Graft is currently employed as the Assistant City Manager in the City of
Riverside, California and has served in the same capacity in the cities of San Diego,
California and Tucson, Arizona. Dr. Culbreth-Graft has also worked as the City Manager of
Grover Beach, California and was the Tribal Government Manager for the Viejas Band of
Kumeyaay Indians in San Diego County. She has a Doctorate in Public Administration from
the University of La Verne, a Master's Degree in Public Administration from California State
University and Colleges Consortium, and a Bachelor's Degree in Political Science and a
Bachelor's Degree in Social Science from Cal State University, Pomona.
Upon approval of this agreement, Dr. Culbreth-Graft will join Huntington Beach as City
Administrator on June 1, 2004.
Environmental Status: N/A
I 1 I Personal Services Agreement between the City of Huntington Beach
and Dr. Penelope Culbreth-Graft
RCA Author: Grant
H:\City Administrator Recruitment\RCA for Culbreth-Graft Contract.doc
5/10/2004 3:03 PM
•
•
ATTACHMENT 1
AGREEMENT FOR PERSONAL SERVICES - CITY ADMINISTRATOR
DR. PENELOPE CULBRETH-GRAFT
THIS AGREEMENT is entered into by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California, herein called "CITY," and DR.
PENELOPE CULBRETH-GRAFT, herein called "EMPLOYEE."
WITNESSETH
WHEREAS, it is the desire of CITY to retain the services of EMPLOYEE as City
Administrator; and
It is the desire of CITY to provide certain benefits, establish certain conditions of
employment and to set certain working conditions of EMPLOYEE; and
It is the desire of CITY to: (1) provide inducement for EMPLOYEE to continue as the
City Administrator and remain in CITY'S employment; (2) make possible full work productivity
by providing EMPLOYEE with assurances regarding her employment; and (3) provide an
equitable means for terminating EMPLOYEE'S services if that should occur.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES
HERETO AGREE AS FOLLOWS:
EMPLOYMENT. CITY hereby agrees to employ EMPLOYEE as City
Administrator of the City of Huntington Beach to perform the functions and duties specified in
the City Charter, and to perform other legally permissible duties and functions as the City
Council shall from time to time assign. EMPLOYEE is a Charter Officer and possesses the
powers and is subject to the limitations of the Charter, including Sections 400 and 401.
PDA:2004 Agreements: Culbreth-Graft 2004
EMPLOYEE will accept no other employment during the term of this Agreement without the
express prior approval of the City Council of CITY. EMPLOYEE may complete her
responsibilities related to her adjunct faculty role through June 30, 2004. No additional work in
her adjunct faculty role will occur after June 30, 2004, without the express prior approval of the
City Council of CITY.
2. TERM. EMPLOYEE'S first day of work pursuant to this Agreement shall
be June 1, 2004. This Agreement shall remain in effect until terminated by either party as
provided in Paragraph 8.
3. COMPENSATION.
A. CITY agrees to pay EMPLOYEE a base annual salary of $190,000, in
installments at the same time as other employees of CITY are paid. EMPLOYEE shall receive
the same percentage salary adjustment, if any, conferred upon the CITY'S Non -Associated
Employees effective each succeeding January 1.
B. In addition to the foregoing benefits, EMPLOYEE shall also receive all
such other benefits that are generally applicable to non -associated employees (department heads)
hired after December 27, 1997, as set forth in CITY'S Non -Associated Employee Benefits
Resolution, a copy of which is attached hereto as Attachment No. 1.
C. The CITY will pay an auto allowance of $600.00 per month as
reimbursement for the use of EMPLOYEE'S personal auto on CITY business. EMPLOYEE will
primarily use EMPLOYEE'S personal auto for CITY business, and will use CITY vehicles on an
exception basis only. This provision does not in any way restrict EMPLOYEE'S use of her
personal automobile for personal use. This auto allowance will increase only upon specific
Council action, or when department head auto allowances exceed $600.00 per month, in which
case EMPLOYEE'S auto allowance will be adjusted equally.
2
PDA:2004 Agreements: Culbreth-Graft 2004
•
The CITY will also provide a car cellular telephone and will pay the monthly
expenses incurred for CITY business; EMPLOYEE will reimburse the CITY for personal use.
D. BUSINESS EXPENSES. EMPLOYEE shall be reimbursed all
reasonable business expenses, with comprehensive administrative oversight in place.
E. MOVING EXPENSES. CITY will reimburse EMPLOYEE her
temporary rental housing expenses incurred prior to November 30, 2004, and reasonable moving
expenses in an amount not to exceed $15,000.
4. PERFORMANCE EVALUATION.
A. EMPLOYEE will be evaluated at least once annually by the Council on or
before her anniversary date. EMPLOYEE'S evaluation, at a minimum, will consist of written
comments submitted by each Councilmember and may include individual or joint meetings with
the Councilmembers. Said review and evaluation shall be in accordance with specific criteria
developed jointly by the City Council and EMPLOYEE. Said criteria maybe added to or
deleted from as the City Council may from time to time determine after consultation with
EMPLOYEE. The City Council shall provide an adequate opportunity for EMPLOYEE to
discuss her evaluation with the City Council.
B. Annually, the City Council and EMPLOYEE shall define, in writing, such
goals and performance objectives which they determine are necessary for the proper operation of
CITY. The goals and obligations must be attainable within the time limitations agreed to by
CITY and EMPLOYEE and within the fiscal constraints of the annual operating and capital
budgets and appropriations approved by CITY. Any unforeseen circumstances which may arise
which would affect the achievement of the goals and objectives shall be identified in the
consideration of EMPLOYEE'S annual evaluation and compensation.
3
PDA:2004 Agreements: Culbreth-Graft 2004
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C. The Council and/or EMPLOYEE may desire additional performance
evaluations between anniversary dates. Such evaluations shall be less formal without the
requirement of written comments or reports.
5. RETIREMENT. EMPLOYEE will be entitled to PERS Retirement Plan
benefits received by the CITY'S miscellaneous employees (non-public safety department heads),
and such benefits will comply with all PERS regulations.
6. GENERAL AND EXECUTIVE LEAVE. EMPLOYEE will be credited 160
hours of General Leave and 80 hours of Executive Leave upon her first day of employment.
Thereafter, EMPLOYEE shall accrue General Leave in accordance with the General Leave
accrual provisions applicable to department heads of CITY, and EMPLOYEE shall be credited
80 hours of Executive Leave on January I of each calendar year. Executive Leave must be used
in the same calendar year it is credited; unused Executive Leave may not be carried forward to
the next calendar year. EMPLOYEE shall provide all Councilmembers with reasonable notice
prior to taking two or more General or Executive leave days off.
7. PROFESSIONAL DEVELOPMENT EXPENSES.
A. CITY agrees to budget and to pay for the professional dues and
subscriptions necessary to EMPLOYEE'S participation in national, regional, state and local
associations and organizations necessary and desirable for her continued professional
participation, growth and advancement and for the good of the CITY.
B. CITY agrees to budget and to pay for the travel and subsistence expenses
of EMPLOYEE for professional and official travel, meetings and occasions adequate to continue
the professional development of EMPLOYEE and to adequately pursue necessary official and
other functions for CITY, including but not limited to the Annual Conference of the International
City Management Association, the League of California Cities, and such other national, regional,
4
PDA:2004 Agreements: Culbreth-Graft 2004
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u
state and local government groups and committees thereof on which EMPLOYEE serves as a
member. EMPLOYEE shall pay for all expenses of her spouse if he accompanies her on such
trips.
C. CITY agrees to budget and to pay for the travel and subsistence expenses
of EMPLOYEE for short courses, institutes and seminars that are necessary for EMPLOYEE'S
professional development and for the good of the CITY.
8. TERMINATION AND SEVERANCE PAY.
A. CITY may only terminate EMPLOYEE as provided at Section 400(d) of
the Charter of the City of Huntington Beach.
B. Should the Council choose to dismiss EMPLOYEE with less than 6
month's notice, CITY shall compensate EMPLOYEE with an amount equivalent to 6 months'
salary and benefits. Should EMPLOYEE voluntarily resign or be convicted of a felony or other
crime of moral turpitude, or otherwise be terminated for good cause, CITY will not be obligated
to pay any severance pay.
C. Should EMPLOYEE decide to terminate her employment with CITY, she
shall provide notice to the Council with at least 60 days' written notice.
9. INDEMNIFICATION. CITY shall defend, hold harmless and indemnify
EMPLOYEE against any tort, professional liability claim or demand or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of EMPLOYEE'S duties in accordance with the provisions of California
Government Code Section 825 and provide a defense in accordance with Government Code
Section 995. CITY may compromise and settle any such claim or suit and pay the amount of any
settlement or judgment rendered therefrom.
PDA:2004 Agreements: Culbreth-Graft 2004
•
•
10. BONDING. CITY shall bear the full costs of any fidelity or other bonds
required of EMPLOYEE under any law or ordinance.
11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
A. The City Council, in consultation with EMPLOYEE, shall fix any such
other terms and conditions of employment, as it may determine from time to time, relating to the
performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement, the City Charter or any other law.
B. All provisions of the City Charter and Municipal Code, and regulations
and rules of CITY relating to General and Executive Leave, retirement and pension system
contributions, holidays and other fringe benefits and working conditions as they now exist or
hereafter may be amended, also shall apply to EMPLOYEE as they would to non -associated
employees (department heads) of CITY in addition to said benefits enumerated specifically for
the benefit of EMPLOYEE except as herein provided.
C. Such other benefits as the City Council may authorize and grant in the
future shall be included within the terms of this Agreement as if specifically amended into this
Agreement.
12. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be personally served or shall be sufficiently given and deemed served upon the
other party if sent by United States Postal Service, first-class postage prepaid, and addressed as
follows:
TO CITY: TO EMPLOYEE:
City Clerk Dr. Penelope Culbreth-Graft
City of Huntington Beach City Administrator
2000 Main Street City of Huntington Beach
Huntington Beach, CA 92648 2000 Main Street
Huntington Beach, CA 92648
6
PDA:2004 Agreements: Culbreth-Graft 2004
Notices shall be deemed given as of the date of personal service or upon the date of
deposit in the course of transmission with the United States Postal Service.
13. GENERAL PROVISIONS.
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of EMPLOYEE.
C. This Agreement shall become effective upon execution.
D. If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and duly
executed on its behalf by its Mayor and its City Clerk, and EMPLOYEE has signed and executed
this Agreement, on/ , 2004.
EMPLOYEE: CITY OF HUNTINGTON BEACH,
a m icipal corporatio
Dr. enelope Culbreth-Gra
and
0
City Clerk �/w/•�
APPROVED AS TO FORM:
4Jennifer Grath, City Attorn
7
PDA:2004 Agreements: Culbreth-Graft 2004
ATTACHMENT
NON -ASSOCIATED EMPLOYEE BENEFITS RESOLUTION
TABLE OF CONTENTS
EXHIBIT A - NON -ASSOCIATED EMPLOYEES BENEFIT PROVISIONS 3
SECTION I — SPECIAL PAY
A. Education Reimbursement
B. Shorthand Skill Pay
C. Assigned Vehicle/Auto Allowance
1. Department Heads
2. Designated Division Heads
3. Others
3
3
3
3
3
4
D. City Paid Physical Examinations 4
E. Bilingual Skill 4
F. Process Owner Assignment Pay 4
SECTION If — HOURS OF WORK/OVERTIMEITIME OFF S
A. Compensatory Time/Administrative Leave/Executive Leave 5
B. Direct Deposit 5
C. Flexible and Alternative Work Schedules 5
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS 6
A.
Medical, Dental and Vision Insurance
6
B.
Life and Accidental Death and Dismemberment Insurance
11
C.
Long Term Disability Insurance
11
D.
Miscellaneous
11
E.
Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy
11
F.
Post-65 Supplemental Medicare Coverage
12
SECTION IV —RETIREMENT
A. Benefits
12
12
1.
Public Employees' Retirement System
12
2.
3.
Self -Funded Supplemental Retirement Benefit
Medical Insurance for Retirees
12
13
4.
5.
Two Percent (2%) at Age 55 Formula
Pre -Retirement Optional Settlement 2 Death Benefit
13
13
6.
Fourth Level of 1959 Survivor Benefits
13
B. Public Employees' Retirement System Reimbursement and Reporting
1. Employees' Contribution
SECTION V —LEAVE BENEFITS
13
13
14
A. General Leave 14
1. Accrual 14
2. Eli ibili1y and Approval 14
3. Family Sick Leave 14
4. Conversion to Cash 14
B. Holidays 15
2004 NA Resolution Final i 1/28/04 11:33 AM
a 0
C. Sick Leave 15
D. Bereavement Leave 17
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
17
1.
Minimum Eli ig bility for Benefits
18
2.
Disability Retirees
18
3.
Maximum Monthly Subsidy Payments
19
SECTION VII — RULES GOVERNING LAYOFF, RED UCTION IN LIEU OF LAYOFF
AND RE-EMPLOYMENT
20
A.
Part 1 - Layoff Procedures
20
1.
General Provisions:
20
2.
Service Credit:
20
3.
Transfer or Reduction to Vacancies in Lieu of Layoff:
21
4.
Order of Layoff:
21
5.
Notification of Employees:
22
B.
Part 2 - Bumping Rights
23
1.
Voluntary Reduction or Bumping in Lieu of Layoff:
23
2.
Reinstatement/Reemployment Lists
23
3.
Qualifications Appeal
23
4.
Qualifications Appeal Hearing:
24
C.
Part 3 - Reemployment _
24
1.
Reemployment:
24
2.
Status on Reemnlovment:
25
EXHIBIT B - NON -ASSOCIATED SALAR Y SCHEDULE 26
EXHIBIT C - RETIREE MEDICAL PLAN 27
EXHIBIT D - 9180 WORK SCHEDULE 30
2004 NA Resolution Final ii 2/9/2004 10:08 AM
9
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EXHIBIT A - NON -ASSOCIATED EMPLOYEES BENEFIT PROVISIONS
SECTION 1— SPECIAL PAY
A. Education Reimbursement
Upon approval of the Department Head and the Human Resources Manager,
permanent employees may be compensated for courses from accredited
educational institutions. Tuition reimbursement shall be limited to job related
courses or job related educational degree objectives and requires prior approval by
the Department Head and Human Resources Manager.
Education costs shall be reimbursed to permanent employees on the basis of a full
refund for tuition, books, parking (if a required fee) and any other required fees upon
presentation of receipts. However, the maximum reimbursement shall be not more
than one thousand five hundred dollars ($1,500) in any fiscal year period.
Reimbursements shall be made when the employee presents proof to the Human
Resources Manager that he/she has successfully completed the course with a
grade of "C" or better; or a "Pass" if taken for credit.
B. Shorthand Skill Pay
Effective December 21, 2002 the city shall end shorthand skill pay. All employees
receiving shorthand skill pay prior to December 21, 2002 shall continue to receive
shorthand skill pay. Those employees receiving shorthand skill pay have
successfully passed a shorthand skills test and receive additional compensation in
the amount of forty-six dollars and fifteen cents ($46.15) per bi-weekly pay period.
Shorthand skills will not be required for positions classified as Executive Assistant,
Administrative Assistant, and Administrative Secretary (Confidential).
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer and City
Attorney shall have the option of an assigned city vehicle or an auto
allowance of two hundred thirty dollars and seventy-seven cents ($230.77)
per bi-weekly pay period plus reimbursement of 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 one hundred sixty one dollars and fifty-four cents
($161.54) per bi-weekly pay period plus reimbursement for out-of-town travel
at the approved mileage rate.
2004 NA Resolution Final 3 1/28/04 11:33 AM
•
3. Others
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.
D. City Paid Physical Examinations
Non -Associated employees shall be provided, once every two years, with a city paid
physical examination comparable to the current class physical examination or
reimbursed the amount authorized for said physical examination. No more than
one-half of the eligible employees shall receive examinations in 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:
A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress
EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis
and stool test for blood.
E. Bilingual Skill
Permanent employees who are required by their Department Head to use Spanish,
Vietnamese, or Sign Language skills as part of their job assignment, shall be paid
an additional five -percent (5%) of their base hourly rate in addition to their regular bi-
weekly salary. Permanent employees may accept assignments utilizing bilingual
skills in other languages on a short-term assignment with approval by the City
Administrator. Such employees shall receive the additional five percent (5%) for
every bi-weekly pay period that the assignment is in effect. In order to be eligible for
said compensation, employee's language proficiency will be tested and certified by
the Human Resources Manager or designee.
F. Process Owner Assignment Pay
Those employees performing assignments designated by the city as "process
owner" assignments shall receive premium pay equal to ten percent (10%) of the
employee's base hourly rate.
Process owner assignments are designated by the employee's department head
and approved by the City Administrator or his designee. Designated employees are
responsible for JDEdwards applications setup, design, troubleshooting and training.
Process owners have system coordination responsibilities as distinguished from
users of the system.
2004 NA Resolution Final 4 2/9/2004 10:08 AM
0
SECTION II — HOURS OF WORK/OVERTIME/TIME OFF
A. Compensatory Time/Administrative Leave/Executive Leave
Non -Associated "non-exempt" employees shall receive overtime pay or
compensatory time for hours worked over forty (40) hours in a work week at time
and one half of the employee's Fair Labor Standards Act (FLSA) regular rate of pay.
The employee's supervisor shall determine if employee receives overtime pay or
compensatory time. The employee's supervisor shall approve the scheduling of
compensatory time used. Once per fiscal year an employee may cash out up to
sixty (60) hours of compensatory time. The employee shall give payroll two (2)
weeks advance notice of their decision to exercise such option.
Non -Associated "Exempt" employees shall not be eligible for overtime
compensation. —"Exempt" Non -Associated employees, other than department heads,
shall be credited with (40) hours of administrative leave upon working 40 hours
beyond their normal work schedule in each calendar year. Department heads may
grant additional administrative leave to "Exempt" Non -Associated employees who
work more than 75 hours of overtime per year. "Exempt" department heads shall be
credited with 80 hours of administrative leave per year.
B. Direct Deposit
All Non -Associated employees are required to utilize direct deposit of payroll
checks.
C. Flexible and Alternative Work Schedules
Effective February 1, 2003, with supervisor and Department Head approval, Non -
Associated civic center (city hall and police department) employees may flex regular
scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex schedules
shall not reduce service to the public, departmental effectiveness, productivity
and/or efficiency as determined by the City Administrator or designee.
Effective February 1, 2003 all employees will be required to take a one -hour lunch
break each work shift regardless of work schedule.
Effective February 1, 2003, Non -Associated civic center (city hall and police
department) employees will have the option of working a 5/40 or 9/80 work schedule
with supervisor and Department Head approval. In order to maintain service to the
public, departmental effectiveness, productivity and/or efficiency a Department Head
may assign an employee a different work schedule that is in compliance with the
requirements of the Fair Labor Standards Act (FLSA) with City Administrator
approval.
5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour
days Monday through Friday each week with a one -hour lunch during each
work shift, totaling a forty (40) hours work week.
2004 NA Resolution Final 5 2/9/2004 10:08 AM
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit D, shall be defined as working
nine (9) days for eighty (80) hours in a two week pay period by working eight
(8) days at nine (9) hours per day and working one (1) day for eight (8) hours
(Friday), with a one -hour lunch during each work shift, totaling forty (40)
hours in each FLSA work week. The 9/80 work schedule shall not reduce
service to the public, departmental effectiveness, productivity and/or
efficiency as determined by the City Administrator or designee.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A. Medical, Dental and Vision Insurance
1) Medical, Dental and Vision Insurance
The city shall continue to make available group medical, dental and vision
benefits to all Non -Associated employees.
2) City Paid Medical. Dental, and Vision Insurance — Employee and
Dependents
The city will assume payment, subject to the limitations set forth in
Article III.A.3 for employees and dependents medical, dental, and vision
insurance effective the first of the month following one complete calendar
month of employment.
2004 NA Resolution Final 6 2/9/2004 10:08 AM
•
3) Year 2004 Health and Other Insurance Benefit Premiums, Employer
Contribution, and Employee Contribution
a. Monthly Premiums
January 1, 2004 through March 31, 2004.
City
Plan
POS
Health
Net
HMO
EE
$481.40
$312.76
$51.18
$24.38
$18.07
EE + 1
951.96
685.31
97.86
41.46
18.07
EE + 2 or more
1,165.54
903.25
138.83
63.40
18.07
Effective April 1, 2004 the City Plan POS and Health Net HMO
will not be available to Non -Associated employees.
April 1, 2004 through December 31, 2004.
Blue Shield
High Option
90/10 PPO
Blue Shield
Low Option
80/20 PPO
EE
$366.21
$322.32
$253.46
$270.75
EE + 1
802.01
705.88
555.06
592.94
EE + 2 or more
1 1,047.37
1 921.84
1 724.87
1 779.76
Delta =
Dental
(PPO)
Delta
Dental
(HMO)
EE
$51.18
$24.38
$18.07
EE + 1
1 97.86
41.46
18.07
EE + 2' or more 1
138.83
1 63.40
1 18.07
b. Employer Contribution
The City's maximum monthly employer contribution for health
and other insurance premiums are set forth in the charts below.
The City Administrator is authorized to modify the City's
maximum monthly employer contribution (e.g. the "employer
contribution" described below in the chart for April 1, 2004
through December 31, 2004), to reflect changes necessary to
make the City's maximum monthly employer contribution the
same as the "employer contribution" or "cap" provided to
another represented employee association in the City.
2004 NA Resolution Final 7 2/9/2004 10:08 AM
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9
The change to the City's maximum monthly employer
contribution will become effective the beginning of the pay
period after the City Administrator changes the monthly
maximum monthly employer contribution. The City
Administrator's authorization to modify the City's maximum
monthly employer contribution shall expire at 12:00 p.m. on
Friday, July 2, 2004.
January 1, 2004 through March 31, 2004.
City
Health
Plan
Net
POS
HMO
EE
$429.93
$330.19
$42.88
$23.00
$17.58
EE + 1
758.41
611.67
81.82
39.11
17.58
EE +2 or more
907.50
776.34
116.36
59.81
17.58
April 1, 2004 through December 31, 2004.
Blue Shield
High Option
90/10 PPO
Blue' Shield
Low Option
80/20 PPO'
EE
$373.77
$373.77
$274.03
$274.03
EE + 1
702.25
702.25
555.51
555.51
EE + 2 or more
851.34
851.34
720.18
720.18
In no event shall the employee be entitled to the difference
between the employer contribution and the premiums for
insurance plan(s) selected by the employee.
2004 NA Resolution Final 8 2/9/2004 10:08 AM
c. Employee Contributions
Employee contributions to health and other insurance plans will
be taken on a pre-tax basis. The employee paid contributions
translate to the following on a monthly basis:
January 1, 2004 through March 31, 2004:
City
Health
Plan
Net
POS
HMO
EE
$51.47
$0.00
$8.30
$1.38
$0.49
EE + 1
193.55
73.64
16.04
2.35
0.49
EE + 2 or more
258.04
126.91
22.47
3.59
0.49
April 1, 2004 through December 31, 2004:
Blue Shield
High Option
90/10 PPO
Blue Shield
Low Option
80/20 PPO
EE
$0.00
$0.00
$0.00
$0.00
EE + 1
99.76
3.63
0.00
37.43
EE + 2 or more
196.03
1 70.50
1 4.69
1 59.58
Monthly
Employee'
Contribution
EE $8.30 $1.38 $0.49
EE,+ 1 16.04 2.35 0.49
EE + 2 or more 22.47 3.59 0.49
2004 NA Resolution Final 9 2/9/2004 10:08 AM
The employee paid contributions translate to the following on a
bi-weekly(per paycheck) basis:
,January 1, 2004 through March 31, 2004:
City
Health
Plan
Net
POS'
HMO
EE
$23.76
$0.00
$3.83
$0.64
$0.23
EE + 1
89.33
33.99
7.40
1.08
0.23
EE + 2' or more
119.10
58.57
10.37
1.66
0.23
April 1, 2004 through December 31, 2004:
Blue Shield
High Option
90/10 PPO"
Blue Shield
Low Option
80/20 PPO
EE
$0.00
$0.00
$0.00
$0.00
EE + 1
46.04
1.68
0.00
17.28
EE + 2 or more
90.48
32.54
2.16
27.50
Bi-Weekly
Employee
Contribution
EE $3.83 $0.64 $0.23
EE + 1 7.40 1.08 0.23
rEE+2ormore 10.37 1.66 0.23
d. Future Premiums - The City "caps" its employer contributions
toward monthly group medical, dental and vision plan premiums, by
category (EE, EE + 1, and EE + 2 or more) and plan, at the rate in
effect April 1, 2004 for the year ending December 31, 2004.
4) Medical Cash Out -If an employee is covered by a medical program
outside of a city -provided program (evidence of which must be supplied to
the Administrative Services Department Employee Benefits), they may
elect to discontinue city medical coverage and receive ninety-two dollars
and thirty-one cents ($92.31) bi-weekly to deposit into their Deferred
Compensation account or any other pre-tax program offered by the city.
5) Section 125 Plan - This plan allows employees to use pre-tax salary to
pay for regular childcare, adult dependent care and/or medical expenses.
2004 NA Resolution Final 10 2/9/2004 10:08 AM
B. Life and Accidental Death and Dismemberment Insurance
Each Non -Associated employee 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 additional
amounts of life insurance and accidental death and dismemberment insurance to
the extent provided by the city's current providers. Evidence of insurability is
contingent upon total participation in additional amounts.
C. Long Term Disability Insurance
This program provides for each incident of illness or injury, a waiting period of
thirty (30) calendar days during which the Non -Associated employee may use
accumulated sick leave, general leave, compensatory time off, administrative leave,
executive leave pay. Subsequent to the thirty (30) 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 $12,500 of the employee's basic monthly
earnings up to a maximum monthly benefit of $8,332.50.
The maximum benefit period for disability due to injury or illness shall be to age
sixty-five (65).
Days and months refer to calendar days and months. Benefits under the plan are
integrated with sick leave, Worker's Compensation, Social Security and other non -
private program benefits to which the employee may be entitled. Disability is
defined as: "The inability to 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/she 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 continue the plan payment for
three (3) 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.
E. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree
Subsidy Plan
Employees who retire from the City after January 1, 2004 and are granted a
retirement allowance by the California Public Employees' Retirement System and
are not eligible for the City's Retiree Subsidy Medical Plan may choose to
participate in City sponsored medical insurance plans until the first of the month in
which they turn age sixty-five (65).
The retiree shall pay the full premium for City sponsored medical insurance for
themselves and/or qualified dependents without any City subsidy.
2004 NA Resolution Final 11 2/9/2004 10:08 AM
Employees who retire from the City and receive a retirement allowance from the
California Public Employees' Retirement System and are not eligible for the City's
Retiree Subsidy Medical Plan and choose not to participate in City sponsored
medical insurance upon retirement permanently lose eligibility for this insurance.
However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan
chooses not to participate in city sponsored medical insurance plans because the
retiree has access to other group medical insurance, and subsequently loses
eligibility for that group medical insurance, the retiree and their qualified dependents
will have access to city sponsored medical insurance plans reinstated.
Eligibility for Retiree Medical Coverage terminates the first of the month in which the
retiree or qualified dependent turns age sixty-five (65).
F. Post-65 Supplemental Medicare Coverage
Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1,
2004 and all future retirees who meet the criteria to participate in City sponsored
medical insurance, with or without the Retiree Medical Subsidy Plan, may
participate in City sponsored medical insurance plans that are supplemental to
Medicare, after a contract is in place between the City and a health insurance
provider.
A retiree or qualified dependent must choose to participate in City sponsored
medical insurance plans that are supplemental to Medicare beginning the first of the
month in which the retiree or qualified dependent turns age sixty-five (65).
The retiree shall pay the full premium to participate in City sponsored medical
insurance plans that are supplemental to Medicare for themselves or qualified
dependents without any City subsidy.
Retirees or qualified dependents, upon turning age 65, who choose not to
participate in City sponsored medical insurance plans that are supplemental to
Medicare permanently lose eligibility for this insurance.
SECTION IV — RETIREMENT
A. Benefits
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. Self -Funded Supplemental Retirement Benefit
In the event a Non -Associated employee member elects Option #2
(Section 21456) or Option #3 (Section 21457) of the Public Employees'
Retirement Law, the city shall pay the difference between such elected option
and the unmodified allowance which the member would have received for his
2004 NA Resolution Final 12 2/9/2004 10:08 AM
or her life alone. This payment shall be made only to the member (Non -
Associated employee), shall be payable by the city during the life of the
member, and upon that member's death, the city's obligation shall cease.
Unless previously excluded by employment or resolution, eligibility for this
benefit is limited to employees hired before December 27, 1997.
3. Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each Non -
Associated employee shall be entitled to cause self, spouse and
dependents to participate fully in the city's group health insurance
program at the equivalent of the city's group premium rate in accordance
with the provisions specified by Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA). Such participation shall be at
employee's expense and upon terms, conditions and restrictions currently
in effect.
b. As an alternative to the benefit described in paragraph IV.A.3.a above, the
city will provide a financial contribution towards the cost of retiree medical
premiums as described in Section VI.
4. Two Percent (2%) at Age 55 Formula
Non -Associated miscellaneous employees shall be covered by the two
percent at age 55 formula (2% @ 55) as identified in Section 21354.
5. Pre -Retirement Optional Settlement 2 Death Benefit
Non -Associated employees shall be covered by the Pre -Retirement Optional
Settlement 2 Death Benefit as identified in Section 21548 when approved by
the City Council
6. Fourth Level of 1959 Survivor Benefits
Non -Associated employees shall be covered by the Fourth Level of the 1959
Survivor Benefit as identified in Section 21574 when approved by the City
Council.
B. Public Employees' Retirement System Reimbursement and Reporting
Employees' Contribution
Non -Associated employees shall be reimbursed bi-weekly in an amount
equal to 7% of the employee's base salary (9% for safety employees) as a
pickup of the employee's contribution or portion of such contribution to the
Public Employees' Retirement System (PERS). The above PERS pickup is
not base salary but is done pursuant to Section 14(h)(2) of the Internal
Revenue Code.
2004 NA Resolution Final 13 2/9/2004 10:08 AM
SECTION V — LEAVE BENEFITS
A. General Leave
Accrual
Employees will accrue General Leave at the accrual rates outlined below.
General leave may be used for any purpose, including vacation, sick leave,
and personal leave.
General leave for non -associated employees shall be accrued as follows:
Years of Service General Allowance
First through Fourth Year
176 hours
Fifth through Ninth Year
200 hours
Tenth through Fourteenth Year
224 hours
Fifteenth Year and Thereafter
256 hours
2. Eligibility and Approval
General leave must be pre -approved except for illness, injury or family
sickness, which may require a physician's statement for approval. Accrued
general leave may not be taken prior to six (6) months' service except for
illness, injury or family sickness. General leave accrued time is to be
computed from hiring date anniversary. Members shall not be permitted to
take general leave in excess of actual time earned. Members shall not
accrue general leave in excess of six hundred forty (640) hours. Employees
may not use their general leave to advance their separation date on
retirement or other separation from employment.
3. Family Sick Leave
As required by law, employees will be allowed to use up to one-half of their
annual General Leave accrual for family sick leave, pursuant to the
provisions of California Family Code Section 297, et. seq.
The city will provide family and medical care leave for eligible employees that
meet all requirements of State and Federal law. Rights and obligations are
set forth in the Department of Labor Regulations implementing the Family
Medical Leave Act (FMLA), and the regulations of the California Fair
Employment and Housing Commission implementing the California Family
Rights Act (CFRA).
4. Conversion to Cash
a. Pay Off at Termination — An employee shall be paid for unused general
leave upon termination of employment at which time such terminating
employee shall receive compensation at their current salary rate for all
unused, earned general leave to which they are entitled up to and
including the effective date of their termination.
2004 NA Resolution Final 14 2/9/2004 10:08 AM
a •
b. Conversion to Cash — Two times during each fiscal year, each permanent
employee shall have the option to convert into a cash payment or
deferred compensation up to a total of one hundred -twenty (120) of
general leave benefits per fiscal year. The employee shall give payroll
two (2) weeks advance notice of their decision to exercise such option.
c. One Week Minimum Vacation Requirement
The City Administrator may require certain positions which handle money
or transfer funds to take a minimum of one week, (i.e., five consecutive
work days) paid vacation each calendar year.
B. Holidays
The following are paid eight (8) hour 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)
8. Thanksgiving Day (fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
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
Accrual — No employee shall accrue sick leave.
2. Credit — Employees assigned to Non -Associated shall carry forward their sick
leave balance and shall no longer accrue sick leave credit.
3. Usage — Employees may use accrued sick leave for the same purposes for
which it was used prior to December 25, 1999. Sick leave shall not be used
to extend absences due to work related (industrial) injuries or illnesses, this
provision shall be added to Personnel Rule 18.10.
4. Family Sick Leave — The city will provide family and medical care leave for
eligible employees that meet all requirements of State and Federal law.
2004 NA Resolution Final 15 2/9/2004 10:08 AM
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Rights and obligations are set forth in the Department of Labor Regulations
implementing the Family Medical Leave Act (FMLA), and the regulations of
the California Fair Employment and Housing Commission implementing the
California family Rights Act (CFRA).
5. 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.5.d below.
Upon termination for any other reason, employees shall be compensated
at their then current rate of pay for fifty percent (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:
Upon termination, all employees shall be paid, at their then current salary
rate, for twenty-five percent (25%) of unused, earned sick leave to 480
hours accrued, and for thirty-five percent (35%) of all unused, earned sick
leave in excess of 480 hours, but not to exceed 720 hours, except as
provided in paragraph V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non -Associated
employee shall be paid at termination for more than 720 hours of unused,
accumulated sick lave. However, employees may utilize accumulated
sick leave on the basis of "last in, first out," meaning that sick leave
accumulated in excess of the maximum for payoff may be utilized first for
sick leave, as defined in Personnel Rule 18-8.
d. Non -Associated employees who had unused, accumulated sick leave in
excess of 720 hours as of July 5, 1980, shall be compensated for such
excess sick leave remaining on termination under the formulas described
in paragraphs V.C.5.a and b above. In no event shall any employee be
compensated upon termination for any accumulated sick leave in excess
of the "cap" established by this paragraph (i.e., 720 hours plus the amount
over 720 hours existing on July 5, 1980). Employees may continue to
utilize sick leave accrued after that date in excess of such "cap" on a "last
in, first out" basis. To the extent that any such "capped" amount of excess
2004 NA Resolution Final 16 2/9/2004 10:08 AM
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sick leave over 720 hours is utilized, the maximum compensable amount
shall be correspondingly reduced. (Example: Employee had 1,000 hours
accumulated. Six months after July 5, 1980, employee had accumulated
another 48 hours. Employee is then sick for 120 hours. Employee's
maximum sick leave "cap" for compensation at termination is now reduced
by 72 hours to 928.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24)
hours in each instance of death in the immediate family. Immediate family is
defined as father, mother, sister, brother, spouse, children, grandfather,
grandmother, stepfather, stepmother, step grandfather, step grandmother,
grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the
employee is the legal guardian.
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the city shall be entitled to participate in the city
sponsored medical insurance plans 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 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:
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 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 retiree's eligibility to receive
further benefits will cease.
2004 NA Resolution Final 17 2/9/2004 10:08 AM
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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
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.
3. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would
be eligible to receive if he/she were retired at the time of death, shall
be paid on behalf of the spouse or family for a period not to exceed
twelve (12) months.
D. Schedule of Benefits
Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits
begin 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 of $121. Payments shall be in accordance with the stipulations
and conditions, which exist for all retirees. Payment shall not exceed dollar
amount, which is equal to the full cost of premium for employee only.
2004 NA Resolution Final 18 2/9/2004 10:08 AM
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3. Maximum Monthly Subsidy Payments
All retirees, including those retired as a result of disability whose number of
years of service prior to retirement exceeds ten (10) years, shall be entitled to
maximum monthly payment of premiums by the city for each year of
completed city service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service
Subsidy
10
$121
11
136
12
151
13
166
14
181
15
196
16
211
17
226
18
241
19
256
20
271
21
286
22
300
23
315
24
330
25
344
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.
2004 NA Resolution Final 19 2/9/2004 10:08 AM
SECTION VII — RULES GOVERNING LAYOFF, REDUCTION IN LIEU
OF LAYOFF AND RE-EMPLOYMENT
The following procedures shall not apply to Department Heads and the Assistant City
Administrator.
A. Part 1 - Layoff Procedures
1. General Provisions:
a.) 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.
b. 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 Human Resources 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.
c. A department shall reduce staff by identifying which positions within the
department are to be eliminated.
d. 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 Part 2, Bumping Rights.
e. 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.
2. Service Credit:
a. 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 leave. Permanent part-time employees earn service credit on a
pro rata basis.
b. Except as required by law, leaves of absence without pay shall not earn
service credit.
c. 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
shall be deemed to be the least senior employee.
2004 NA Resolution Final 20 2/9/2004 10:08 AM
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3. Transfer or Reduction to Vacancies in Lieu of Layoff:
a. 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:
1) The employee has the necessary qualifications to perform the duties
of the position.
2) 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.
3) 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.
a) If an employee(s) is not eligible for transfer within the
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.
b) If the employee refuses to accept a transfer or reduction
pursuant to A. or B., above, the employee shall be laid off.
c) 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.
d) 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.
4. Order of Layoff:
a. Prior to implementing a layoff, vacant positions that are authorized to be
filled shall be identified by citywide occupational series. If the employee
refuses to accept a position pursuant to Section 3., above, the employee
shall be laid off.
2004 NA Resolution Final 21 2/9/2004 10:08 AM
b. 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 citywide bumping rights to a lower class in the occupational
series pursuant to Part 2.
c. 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.
5. Notification of Employees:
a. The Human Resources 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) days prior to the effective date
of the layoff. Normally notices will be served on employees personally at
work.
b. 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.
c. 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.
d. 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 Human Resources
Manager in writing if the employee intends to exercise the employee's
bumping rights, if any, pursuant to Part 2., Bumping Rights.
e. Whenever practicable, any employee with the least amount of service
credit in a lower class within an occupational series which is identified for
workforce 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 3., above.
f. If an employee disagrees with the city's computation of service credit or
listed date of hire, the employee shall notify the Human Resources
Manager as soon as possible but in no case later than five (5) calendar
days after the personal service or certified mail delivery. Disputes
2004 NA Resolution Final 22 2/9/2004 10:08 AM
regarding date of hire or service credit shall be jointly reviewed by the
Human Resources Manager 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 Human Resources
Manager of the dispute. Within five (5) calendar days after the dispute is
reviewed, the employee shall be notified in writing of the decision.
B. Part 2 - Bumping Rights
Voluntary Reduction or Bumping in Lieu of Layoff:
a. 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.
b. 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 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.
c. 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 Human Resources
Manager'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 Human Resources Manager's decision, the employee
may appeal pursuant to the provisions of Sections 3 and 4 below.
2. Reinstatement/Reemployment Lists
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 pursuant to Part 3. Reemployment
3. 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 lower
position may appeal the decision. The appeal shall be filed with the Human
Resources Manager within five (5) calendar days of the employee's receipt of
2004 NA Resolution Final 23 2/9/2004 10:08 AM
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.
4. Qualifications Appeal Hearing:
a. Upon receipt of an appeal, the Human Resources Manager 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) workdays 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.
b. Appeal hearings shall be limited to two (2) hours, except as otherwise
agreed by the parties or directed by the hearing officer.
c. 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.
C. Part 3 -Reemployment
Reemployment:
a. 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.
b. Names of persons placed on the reemployment lists shall remain on the
list for two (2) years from the date of layoff or reduction.
c. 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.
d. 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.
2004 NA Resolution Final 24 2/9/2004 10:08 AM
9 0
Any employee who is dismissed from the city service for cause shall have
his or her name removed from all reemployment lists.
e. Reemployment lists shall be available affected employees upon
reasonable request.
f. Qualifications appeals involving reemployment rights shall be resolved in
the same manner as that identified in Part 2., Section 4.
2. Status on Reemployment:
a. Persons re-employed from layoff within a two (2) year period from the
date of layoff shall receive the following considerations and benefits:
1) Service credit held upon layoff shall be restored, but no credit shall
be added for the period of layoff.
2) Prior service credit shall be counted toward sick leave and vacation
accruals.
3) Employees may cash in sick leave upon layoff or at any after
layoff in the manner and amount set forth in existing Non -Associated
Employees Benefit Provision. Sick leave shall be paid to an
employee when the reemployment list(s) expire(s), if not previously
paid.
4) 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.
5) 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.
6) The probationary status of the employee shall resume if incomplete.
b. 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
2004 NA Resolution Final 25 2/9/2004 10:08 AM
i
EXHIBIT B - NON -ASSOCIATED SALARY SCHEDULE
As of December 20, 2003
,.
0466
,WIT
Non -Exempt
Administrative Secretary NA
413
17.10
18.04
19.03
20.08
21.18
0279
Non -Exempt
Personnel Assistant
414
17.18
18.13
19.13
20.18
21.29
0447
Non -Exempt
Payroll Technician
420
17.73
18.70
19.73
20.81
21.95
0446
Non -Exempt
Payroll Technician, Sr
439
19.48
20.55
21.68
22.87
24.13
0278
Non -Exempt
Administrative Assistant
442 119.76
20.85 1
22.00
23.21
24.49
0061
Non -Exempt
Executive Assistant
470
22.73
23.98 1
25.30
26.69
28.16
0005
Exempt
Administrative Analyst NA
497
26.01
27.44
28.95
30.54
32.22
0453
Exempt
Personnel Analyst
499
26.27
27.71
29.23
30.84
32.54
0443
Exempt
Payroll Analyst
505
27.06
28.55
30.12
31.78
33.53
0063
Exempt
Admin Analyst, Sr NA
525
29.91
31.55
33.28
35.11
37.04
0064
Exempt
Budget Analyst, Sr
525
29.91
31.55
33.28
1 35.11
37.04
0464
Exempt
Personnel Analyst, Senior
525
29.91
31.55
33.28
35.11
37.04
0062
Exempt
Admin Analyst, Principal NA
544
32.88
34.69
36.60
38.61
40.73
0060
Exempt
Personnel Analyst Principal
544
32.88
34.69
36.60
38.61
40.73
0054
Exempt
Risk Manager
576
38.58
40.70
42.94
45.30
47.79
0006
Exempt
Human Resources Manager
593
41.98
44.29
46.73
49.30
52.01
0055
Exempt
Finance Officer
597
42.82
45.18
1 47.66
50.28
1 53.05
0078
Exempt
Assistant City Attorney
614
46.62
49.18
51.89
54.74
1 57.75
0004
Exempt
Director of Comm &Sec Pro'
592
41.77
44.07
46.49
49.05
51.75
0012
Exempt
Director of Orq Effectiveness
592
41.77
44.07
46.49
49.05
51.75
0007
Exempt
Director of Library Services
611
45.92
48.45
51.11
53.92
56.89
0009
Exempt
Director of Building & Safety
622
48.51
51.18
54.00
56.97
60.10
0013
Exempt
Director of Admin Services
629
50.24
53.00
55.92
59.00
62.24
0014
Exempt
Director of Community Services
629
50.24
53.00
55.92
59.00
1 62.24
0008
Exempt
Director of Econ Development
629
50.24
53.00
55.92
59.00
62.24
0000
Exempt
Director of Information Services
629
50.24
53.00
55.92
59.00
62.24
0021
Exempt
Director of Planning
629
50.24
53.00
55.92
59.00
62.24
0010
Exempt
Director of Public Works
645
54.42
57.41
60.57
63.90
67.41
0015
1 Exempt
lFire Chief
653
56.63
59.74
63.03
66.50
70.16
0011
Exempt
1police Chief
653
t56.631
59.74
1 63.03
66.50
70.16
0020
Exempt
lAssistant City Administrator
1 658
158.071
61.26
1 64.63
68.18
71.93
2004 NA Resolution Final 26 2/9/2004 10:08 AM
0 •
EXHIBIT C - RETIREE MEDICAL PLAN
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following
retirement date.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Employee Benefits 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 in -patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,500 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 Exhibit C.A.4.a
above.
2004 NA Resolution Final 27 2/9/2004 10:08 AM
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical
Plan 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 the 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.
7. When a retiree becomes 65 and has eligible dependents under 65,
said dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse
is not covered.
B. Subsidies:
1. The subsidy payments will pay for:
a. City sponsored medical insurance plans.
b. 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. Any other employee benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of
Medicare at no cost. Those without sufficient credited quarters are still
eligible for Medicare at age 65, but will have to pay for Part A of
2004 NA Resolution Final 28 2/9/2004 10:08 AM
Medicare if the individual elects to take Medicare. In all cases, the
participant pays for Part B of Medicare.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for
each of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid 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.
E. 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 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 "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
Employee Benefits in accordance with provisions of the Non -
Associated Employees Benefit Resolution.
4. A retiree who fails to pay premiums due for coverage and is in arrears
for sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
2004 NA Resolution Final 29 2/9/2004 10:08 AM
EXHIBIT D - 9180 WORK SCHEDULE
This work schedule is known as "9/80". The 9/80 work schedule is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event
that there is a conflict with the current rules, practices and/or procedures regarding work
schedules and leave plans, then the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a
two week pay period by working eight (8) days at nine (9) hours per day and working one
(1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling
forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service
to the public, departmental effectiveness, productivity and/or efficiency as determined by
the City Administrator or designee.
A. Forty (40) Hour FLSA Work Week — The actual FLSA workweek is from Friday at
mid -shift (p.m.) to Friday at mid -shift (a.m.). No employee working the 9/80 work
schedule will be able to flex their Friday start time nor the time they take their lunch
break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work
shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA
workweek is 12:00 noon Friday.
B. Two Week Pay Period — The pay period for employees starts Friday mid -shift (p.m.)
and continues for fourteen (14) days until Friday mid -shift (a.m.). During this
period, each week is made up of four (4) nine (9) hour work days (thirty-six (36)
hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours
in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which
is charged to work week one and four (4) hours for the p.m. shift, which is charged
to work week two).
C. A/B Schedules — To continue to provide service to the public every Friday,
employees are to be divided between two schedules, known as the "A" schedule
and the "B" schedule, based upon the departmental needs. For identification
purposes, the "A" schedule shall be known as the schedule with a day off on the
Friday in the middle of the pay period, or, "off on payday the "B" schedule shall
have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday".
An example is listed below:
i . - . o oov0000e ooa00000 o�
- . - a aaa0000e o-a0000a a
D. A/B Schedule Changes FLSA non-exempt employees cannot change schedules
without prior approval of their supervisor, Department Head, and the Human
Resources Manager or designee. The purpose of this authorization is to review the
impact on overtime. FLSA exempt employees may change A/B schedules at the
beginning of any pay period with supervisor and Department Head approval.
2004 NA Resolution Final 30 2/9/2004 10:08 AM
•
E. Emergencies — All employees on the 9/80 work schedule are subject to be called to
work any time to meet any and all emergencies or unusual conditions which, in the
opinion of the City Administrator, Department Head or designee may require such
service from any of said employees.
OVERTIME DEFINED
FLSA Non -Exempt Employees — All non-exempt employees under the 9/80 work schedule
shall earn overtime for all hours worked after the first forty (40) hours in an FLSA work
week (Friday 12:00:00 p.m. to Friday 11:59:59 a.m.) as required under FLSA. Employees
are required to obtain supervisor authorization prior to working any overtime.
Overtime Compensation — As stated in Section ILA of the Non -Associated
Resolution.
2. Compensatory Time — As stated in Section ILA of the Non -Associated Resolution.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine
(9) hours of eligible leave per workday shall be charged against the employee's leave
balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall
continue under the current accrual, eligibility, request and approval requirements.
1. General Leave — As stated in Section V.A of the Non -Associated Resolution.
2. Sick Leave — As stated in Section V.0 of the Non -Associated Resolution.
3. Administrative Leave — As stated in Section ILA of the Non -Associated Resolution
4. Executive Leave — As stated in Section ILA of the Non -Associated Resolution.
5. Bereavement Leave As stated in Section V.D of the Non -Associated Resolution.
6. Holidays -
a. For a recognized city holiday, eight (8) hours, as stated in Section V.B, are
earned for each holiday. For the charging of hours on a scheduled holiday,
the employee must use eight (8) hours of holiday time off and one (1) hour
from the employees General Leave, Compensatory Time, Administrative
Leave, or Executive Leave banks for a nine (9) hour workday charge or eight
(8) hours holiday time off for a Friday.
b. If a holiday falls on an FLSA non-exempt employee's Friday off, the
employee must then take the work shift before or after the holiday off with
supervisor and Department Head approval. If the employee cannot take the
work shift before or after the holiday off the employee will be granted eight (8)
hours of general leave.
2004 NA Resolution Final 31 2/9/2004 10:08 AM
•
c. If a holiday falls on an FLSA exempt employee's Friday off, the employee
must then take the work shift before or after the holiday off with supervisor
and Department Head approval.
7. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however, if
an FLSA exempt employee is called to serve on jury duty during a normal Friday off,
Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered the
same as having occurred during the employees day off work, therefore, the employee
will receive no added compensation.
2004 NA Resolution Final 32 2/9/2004 10:08 AM
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
City Council
SUBJECT:
Contract for City Administrator
COUNCIL MEETING DATE:
May 17, 2004
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator (Initial)
City Clerk
RCA Author: Grant
Notices shall be deemed given as of the date of personal service or upon the�ddie of
deposit in the course of transmission with the United States Postal Service.
13. GENERAL PROVISIONS.
A. The text herein shall constitute the entire Agr ment between the parties.
B. This Agreement shall be binding upon inure to the benefit of the heirs
at law and executors of EMPLOYEE.
C. This Agreement shall become e ective upon execution.
D. If any provision, or any pouffon thereof, contained in this Agreement is
held unconstitutional, invalid or /Yhas
e remainder of this Agreement, or portion
thereof, shall be deemed severablfected and shall remain in full force and effect.
IN WITNESS WHEREOsed this Agreement to be signed and duly
executed on its behalf by its Maylerk, and EMPLOYEE has signed and executed
this Agreement, on
EMPLOYEE:
Dr. Penelop ulbreth-Graft
VED AS TO FORM:
Jennifer McGrath, City Attorney
3
7
PDA:2004 Agreements: Culbreth-Graft 2004
, 2004.
CITY OF HUNTINGTON BEACH,
a municipal corporation
and
Mayor
City Clerk