HomeMy WebLinkAboutDAN VILLELLA FINANCE DIRECTOR - 2006-02-21i
2006 FEB 13 PM 5: 31
CiTY OF
''3T ?4 C EE A C H
Council/Agency Meeting Held:
HUNTI?`
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
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Council Meeting Date: 2/21/2006
Departm ID Number:
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY C NCIL MEMBERS
SUBMITTED BY: D PENEL PE CULBRETH-GRA T, CITY ADMINISTRATOR
PREPARED BY: BOB HALL, DEPUTY CITY ADMINISTRATOR/CITY SERVIC
wvr-
SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND DAN VILLELLA AS THE FINANCE
DIRECTOR
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
The City Administrator is recommending the appointment of Dan Villella to the position of
Finance Director as required by the City Charter.
Funding Source:
Funds are available for this position in the current 2005/06 fiscal year budget.
Recommended Action: Motion to:
1. Approve the appointment of Dan Villella to the position of Finance Director, and
2. Approve and authorize the City Administrator to execute the Employment Agreement
between the City of Huntington Beach and Dan Villella for the position of Finance
Director.
Alternative Action(s):
Do not approve the appointment of Dan Villella for the position of Finance Director.
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REQUEST FOR
COUNCIL ACTIM
MEETING DATE: 2/21/2006
DEPARTMENT ID NUMBER:
Analysis:
On February 6, 2006, the City Council approved the reorganization of the duties associated
with the Treasurer's Office and the Finance Officer. In this restructure, the non -classified
position of Finance Director was approved to oversee operations for the Finance
Department. Previous to this action, on March 21, 2005, the Council approved changes
impacting overall city administration, which removed the position of Administrative Services
Director and allowed direct supervision of the Finance operation by the City Administrator.
This reporting allowed for an improved flow of financial data to the Administrator and for other
budget enhancements that were considered critical as a result of the state's cuts and
previous financial history of the city. In this change, the Finance Officer position was
reallocated from a mid -management classification to an executive classification in the
competitive service. A revision to the job description was implemented, and a new pay grade
was established to reflect the assignment of duties. Additionally, future changes to the
Finance Officer role were noted as probable, based on internal controls that were being
reviewed with the city's auditor and the City Treasurer.
The City Administrator proposes to fill the position of Finance Director with Dan Villella. Mr.
Villella has been performing all duties of the Finance Director position with the exception of
those transferred to the Finance Department with the February 6, 2006, action. Mr. Villella
possesses a Masters of Business Administration from California State University at Long
Beach, a Bachelor of Science, Business Administration, from the University of Southern
California, and holds the accreditation of Certified Public Accountant (CPA). With this
distinction, the City Administrator is seeking confirmation of the appointment of Dan Villella to
the position of Finance Director effective February 21, 2006. If approved, Mr. Villella will
become an at —will employee with an employment contact. The proposed contract provides
for the same benefits as common among all directors.
Environmental Status: Not applicable.
Attachment(s):
DADocuments and SettingsVogartyp\Local Settings\Temporary Internet Files\OLKC8\dan t.2.doc -2-
2/10/2006 3:04 PM
ATTACHMENT #1
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND DAN VILLELLA
THIS AGREEMENT is entered into this � day of , 2006, between
the City of Huntington Beach, a California municipal corporation, subsequently called "City,"
and Dan Villella, subsequently called "Department Head."
WITNESSETH
The City Administrator has been empowered to appoint and remove Department Heads,
with approval of the City Council; and
The City, through the City Administrator, desires to employ the services of Dan Villella
as a Department Head, Finance Director 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 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 Finance Director of the City;
NOW, THEREFORE, in consideration of the mutual covenants here contained, the
parties agree as follows:
SECTION 1. DUTIES. City agrees to employ Dan Villella as Finance Director 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
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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.
SECTION 3. SALARY. City agrees to pay Department Head for his services rendered
pursuant to this Agreement at Range 648, Step E 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
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employees (department heads) hired prior to 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:
(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
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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
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
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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 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.
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.
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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 ($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
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 ithWyMy dj, 2006.
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(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 WHEREOF, the City of Huntington Beach has caused this Agreement to
be signed and executed on its behalf by its City Administrator, and the Department Head has
signed and executed this Agreement, both in duplicate, the day and year first above written.
CITY OF HUNTINGTON BEACH: DEPARTMENT HEAD:
00,
ity Admi istrator Dan Villella
APPROVED AS TO FORM:
y Attorn
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DAN VILLELLA
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.
11 INDEMNIFICATION.
12 GENERAL PROVISIONS
Page
2
3
2
3
3
3
5
5
6
6
6
6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH MODIFYING SALARY
AND BENEFITS FOR NON -REPRESENTED EMPLOYEES
FOR THE PERIOD 1/1/05 THROUGH 12/31/06
WHEREAS, the City Council of the City of Huntington Beach desires to modify salary
and benefits for non -represented employees for January 1, 2005 through December 31, 2006,
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 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 _ day of _March , 200 5 .
REVIEWED AND APPROVED:.
APPROVED AS TO FORM:
City AdAiinistrator PtAtt+orhey �L� 3131 � h
INITIATED AND APPROVED:
CA
Director of Administrative Services
glfteso/non-rep-emp 2d13/7/05
EXHIBIT A
i�G,.3�ar. aV11J-L3
NON -ASSOCIATE PLOYEES PAY AND BENEFIT*SOLUTION
TABLE OF CONTENTS
EXHIBIT A NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS 3
SECTION I PAY 3
A. Salary Schedule 3
B. Direct Deposit 3
C. Education Reimbursement 3
D.
Shorthand Skill Pay
4
E.
Assigned Vehicle/Auto Allowance
4
l .
Department Heads
4
2.
Designated Division Heads
4
3_
Others
4
F.
Bilingual Skill
4
G.
Process Owner Assignment Pay
5
H.
Acting Assignment
5
SECTION H - HOURS OF WORKIOVERTIME/TIME OFF
5
A.
Designated FLSA Work Week
5
B.
Compensatory Time/Administrative Leave/Executive Leave
6
C.
Flexible and Alternative Work Schedules
6
SECTION III —HEALTH AND OTHER INSURANCE BENEFITS
7
A.
Health Insurance
7
1.
Medical, Dental and Vision Insurance
7
2.
City and Employee Paid Health Insurance
7
3.
Medical Cash Out
10
4.
Section 125 Plan
I 1
B.
Life and Accidental Death and Dismemberment Insurance
11
C.
Long Term Disability Insurance
11
D.
City Paid Physical Examinations
12
E.
Miscellaneous
12
F.
Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy
12
G.
Post-65 Supplemental Medicare Coverage
13
H.
Increase in Annual Maximum Benefit for Dental PPO Plan
13
SECTION IV— RETIREMENT
13
A.
Benefits
13
1.
Public Employees' Retirement System
13
2.
Self -Funded Supplemental Retirement Benefit
13
3.
Medical Insurance for Retirees
14
4.
Health Savings Account for Post Retirement Health Insurance
14
5.
Two Percent (2%) at Age 55 Formula
14
6.
Three Percent (3%) at Age 50 Formula
14
2005 - 06 NA Resolution Final 3-8-05 v1
1/28/04 11:33 AM
1
7. Pre -Retirement Optional Settlement 2 Death Benefit
14
8. Fourth Level of 1959 Survivor Benefits
14
B. Public Employees' Retirement System Reimbursement and Reporting
14
1. Employees' Contribution
14
SECTION V - LEA VE BENEFITS
15
A. General Leave
15
1. Accrual
15
2. Eligibility and Approval
15
3. Leave Benefit Entitlements
15
4. Conversion to Cash
15
B. Holidays and Pay Provisions
16
C. Sick Leave
17
1. Accrual
17
2. Credit
17
3. Usage
17
4. Pay Off at Termination
17
D. Bereavement Leave
18
E. Voluntary Catastrophic Leave Donation Program
18
SECTION VI- RETIREE SVBSIDYMEDICAL PLAN
19
SECTION VII - RULES GOVERNING LA YOFF, RED UCTION IN LIEU OF LAYOFF
AND RE-EMPLOYMENT
19
A. Part 1- Layoff Procedures
19
1. General Provisions:
19
2. Service Credit:
19
3. Transfer or Reduction to Vacancies in Lieu of Layoff:
20
4. Order of Layoff:
21
5. Notification of Employees:
21
B. Part 2 - Bumping Rights
22
1. Voluntary Reduction or Bumping in Lieu of Layoff:
22
2. Reinstatement/Reemployment Lists
22
3. Qualifications Appeal
23
4. Qualifications Appeal Hearing:
23
C. Part 3 - Reemployment
23
1. Reemployment:
23
2. Status on.Reemploytnent:
24
SECTION VIII - MISCELLANEOUS
25
A. Collection of Payroll Overpayments
25
B. Uniforms and CalPERS Reporting
25
EXHIBIT B - NON -ASSOCIATED SALARY SCHED ULE
26
EXHIBIT C - RETIREE MEDICAL PLAN 28
EXHIBIT D - 9180 WORK SCHEDULE 33
EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION 35
2005 - 06 NA Resolution Final 3-8-05 v1 ii
EXHIBIT A
NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
SECTION I — PAY
A. Salary Schedule
1. Effective the first full pay period following City Council adoption of the Non -
Associated Resolution, all current Non -Associated employees shall receive a
four percent (4%) wage increase.
2. Effective the first full pay period following City Council adoption of the Non -
Associated Resolution, all current Non -Associated employees shall receive a
lump sum retroactive payment for the pay period beginning September 25, 2004
through the pay period ending date that includes the date of City Council
adoption. This lump sum payment shall be calculated as follows: Employee's
pay grade/step in effect on September 25, 2004 (per Exhibit A) multiplied by
eighty (80) hours (bi-weekly), multiplied by the number of bi-weekly pay periods
between September 25, 2004 and the date of City Council adoption, and
multiplied by four -percent (4%).
3. Effective September 24, 2005, all Non -Associated employees on payroll shall
receive a four percent (4%) wage increase.
Effected classification titles are set forth in Exhibit B attached hereto and
incorporated herein by this reference.
B. Direct Deposit
All Non -Associated employees are required to utilize direct deposit of payroll
checks.
C. Education Reimbursement
Upon approval of the Department Head and the Human Resources. Manager,
permanent employees may be compensated for courses from accredited
educational and vocational 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.
2005 - 06 NA Resolution Final 3-8-05 v1 3 1/28/04 11.33 AM
aIw. s - s.vvJ-A. Y
D. 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).
E. 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
in the amount 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 in the amount of 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. Effective September 24, 2005, the
auto allowance shall be increased to two hundred seven dollars and sixty-nine
cents ($207.69) bi-weekly.
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.
F. 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. The special pay shall be
effective the first full pay period following certification as verified to the
Department Head in writing by the Human resources Manager or designee.
2005 - 06 NA Resolution Final 3-"5 A 4
G. Process Owner Assignment Pay
Those employees performing assignments designated by the city as "process
owner" assignments shall receive 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 designee. Designated employees
are responsible for JD Edwards applications setup, design, troubleshooting and
training. Process owners have system coordination responsibilities as
distinguished from users of the system.
H. Acting Assignment
If a permanent employee is formally assigned to work in a higher classification on a
temporary basis for greater than three (3) consecutive weeks, the employee shall
be compensated at a rate which is at least five and one-half percent (5 1 /2%)
above their pay step, but such pay increase shall not be greater than ten percent
(10%) and not to exceed the top step of the pay range for all hours worked in the
higher classification:
In the event a non-exempt employee is assigned to act in a classification that is
exempt from overtime, the employee shall retain all special pays of their permanent
non-exempt classification and shall receive compensation for hours worked over'
forty (40) hours in the designated Federal Labor Standards Act (FLSA) work week
on a hour for hour basis. Such pay shall be paid to the employee or credited to
compensatory time as approved by the Department Head or designee. In the event
of a permanent promotion or transfer to an FLSA exempt classification, all
compensatory time shall be cashed out prior to the promotion or transfer at the
employee's current FLSA regular rate of pay in the non-exempt classification.
Acting assignments are not intended to exceed six months, unless extraordinary
circumstances warrant an extension as recommended and approved by the Human
Resources Manager. Under no circumstances shall an acting assignment exceed
one year nor shall it be considered a reclassification or a promotion.
SECTION 11- HOURS OF WORK/OVERTIME/TIME OFF
A. Designated FLSA Work Week
For payroll purposes, each non-exempt employee shall be assigned a designated
FLSA work week for the calculation of overtime. This designated FLSA work week
shall not change unless extraordinary circumstances require a change in the
employee's regular work schedule due to operational need. A change in the
designated FLSA workweek shall be recol"nmended by the Department Head and
approved by the Human Resources Manager.
2005 - 06 NA Resolution Final 3-M5 v1 5
B. 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 designated work
week at time and one half (1 'h) of the employee's 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. Non -Associated exempt employees, other than department
heads, shall be credited with forty (40) hours of administrative leave upon
working forty (40) hours beyond their normal work schedule in each calendar
year. Department heads may grant additional administrative leave. to Non -
Associated exempt employees who- work more than seventy. -five (75) hours of
overtime per year.
Exempt department heads shall be credited with eighty (80) hours of executive
leave per year.
C. Flexible and Alternative Work Schedules
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.
All employees will be required to take a one -hour lunch break each work shift
regardless of work schedule.
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.
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days
Monday through Friday each week with a one -hour lunch during each work shift,
totaling a forty (40) hours work week. k,
2005 - 06 NA Resolution Final 3-8-05 A 6
rc3- a"v- d4WJ-L3
9
2.9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit Q, 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
(F(day), with a one -hour lunch during each work shift, totaling forty (40) hours in
each FLSA designated 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. Health Insurance
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 and Employee Paid Health Insurance
The City and the employee shall pay for health insurance -premiums for
employees and qualified dependent(s) effective the first of the month following
the employee's hire date. The employee payroll deduction for premium
contributions shall be deducted on a pre-tax basis. Such deductions shall be
aligned with the effective date of coverage and the ending date of coverage upon
employment separation. The employee's payroll deduction amount shall begin
no later than the first full pay period following the effective date of coverage and
pro -rated for coverage through the end of the month in which employment was
separated.
i. Monthly Health Premiums
Employer Contribution and Employee Contribution - effective January 1,
2005 through December 31, 2005:
V Fk C
(•9t`S'C a•3 �
�c' r. }
T .�
�
....a .:: .._v.. nod .<...... .. r':
`+a ,x.:� .,.. ..
- x._.,i.fi.,�'i�'s..
?"L':�.'x!L ..a,S .:. .:..a, :,.��,
- •- -' �.: x,
$410.16
$361.00
$277.54
$255.29
*`.
$898.25
$741.17
$607.79
$559.09
. ..,y.
~Ef= *ir moret
$1,173.05
$967.93
$793.73
$735.25
2005 - 06 NA Resolution Final 348-05 v1
•
$4
$24-38
$23.13
.75
$90.33
$41.46
$23.13
$124.73
$63-40
$23.13
ii. Employer Contribution
The City "caps" its contribution for health and other insurance premiums as
set forth in the charts below - effective January 1, 2005 through December
31, 2005:
N
$42.88
$23.00
$17.58
81
$ 82
$39.11
$17.58
$116.36
$59.81
$17.58
In no event shall the employee be entitled to the difference between the
employer contribution and the premiums for health insurance plan(s)
selected by the employee.
iii. Employee Contributions
The employee paid contributions translate to the following on a monthly
basis - effective January 1, 2005 through December 31, 2005:
BF I-d
MY Ot
I Will.
-B
M.-
Gol
Ot
$36-39
$0.00
$3.51
$0.00
T!,
$196.00
�38.92
$52.28
$3.58
Eir or more
$321.71
$116.59
$73.55
$15.07
2005 - 06 NA Resolution Final 3-M5 v1 8
i
Ices.110- LUWS-23
_pA _s.T�
.y� 5•..� .. f
...
�� � X F �_.
.may,
�.cx ry
�
..C'-3:E`s
�.� +mod•
+_��•:
�'` K.} t . >'�r
$1.38
$5.55
F ,r $4.87
�w
$8.51
$2.35
$5.55
$8.37
$3.59
$5.55
The employee paid contributions translate to the following on a bi-weekly
(per paycheck) basis - effective January 1, 2005 through December 31,
2005:
R V-1
R.
a as NO
x
IN
xi
�V
2005 - 06 NA Resolution Final 3-8-05 v1 9
• r
iv. "Safety Member" Health Premiums — Employer Contribution
Employees that are classified as "safety member" by the Califomia Public
Employees' Retirement System (CaIPERS) may have access to the
medical plans offered by CalPERS as contracted by the City. In
accordance with eligibility provisions, the Police Chief and the Fire Chief
may elect to enroll in the CalPERS health insurance program offered by
the City.
The City's maximum monthly employer contributions for the CalPERS
health insurance program is set forth in the chart below. The amounts
listed below include the mandated Public Employees' Medical and Hospital
Care Act (PEMHCA) contribution. Effective January 1, 2005 through
December 31, 2005:
PERS
PERSCARE
PERSCHOICE
PORAC
PERS
Delta
Delta
VSP
BS
KAISER
Dental
Dental
HMO
(PPO)
(HMO)
Vision
EE
$274.03
$373.77
$373.77
$373.77
$274.03
$42.88
$23.00
$17.58
EE +
1
$555.51
$702.25
''
$702.25
$702.25
$555.51
$81.82
$39.11
$17.58
EE +
2 or
$720.18
$851.34
$851.34
$851.34
$720.18
$116.36
$59.81
$17.58
more
The employee shall not be entitled to the difference between the employer
contribution and the premiums for insurance plan(s) selected by the
employee.
v. Future Premiums
The City "caps" its contributions toward monthly group medical, dental and
vision plan premiums by category (EE, EE + 1, and EE + 2 or more) and
plan at the year 2005 level
Until the City Council adopts a successor Non -Associated Resolution, the
City's 2005 contribution caps will remain in place in 2006 and beyond, even
if premium increases result in these additional costs being borne by the
employee.
3. Medical Cash Out
If an employee is covered by a medical program .outside of a city provided
program (evidence of which must be supplied to 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.
2005 - 06 NA Resolution Final 3-8-05 v1 10
I%v. &VVZ)-LJ
4. Section 125 Plan
This plan allows employees to use pre-tax salary to pay for regular childcare,
adult dependent care and/or medical expenses-
B. Life and Accidental Death and Dismemberment Insurance
Each Non -Associated employee shall be provided with $50,000 life insurance
and $50,000 accidental death and dismemberment insurance paid for by the city.
Each employee shall have the option, at his/her own expense, to purchase
additional amounts of life insurance and accidental death and dismemberment
insurance to the extent provided by the city's current providers. Evidence of
insurability is contingent upon total participation in additional amounts.
C. Long Term 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 (66 213%) 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.
2005 - 06 NA Resolution Final 3-8-05 v1 11
a�v... ... a.VV✓-IrJ
D. City Paid Physical Examinations
Non -Associated employees shall be provided, once every two years, with a city
paid physical examination comparable to the current pre -placement class
physical examination or reimbursed the amount authorized for said physical
examination. No more than one-half of the eligible employees shall receive
examinations in any one fiscal year. Said exam shall be comprehensive in
nature and shall include:
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress
EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis
and stool test for blood.
E. Miscellaneous
When a Non -Associated employee is on a leave of absence without pay for
reason of medical disability, the city shall maintain the city paid insurance
premiums during the period the employee is in a non -pay status for the length of
said leave, not to exceed twenty-four (24) months.
F. Retiree Medical Coverage for Retirees Not Eligible for the 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.
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 gtoup medical insurance, the retiree and
their qualified dependents will have access to city sponsored medical insurance
plans reinstated.
2005 - 06 NA Resolution Final 3-8-05 A 12
Ica. tIv. GVVJ-L,j
Eligibility for Retiree Medical Coverage terminates the first of the month in which
the retiree or qualified dependent turns age sixty-five (65).
G. Post-65 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.
H. Increase in Annual Maximum Benefit for Dental PPO Plan
Effective January 1, 2005, the Dental PPO plan maximum annual benefit shall
increase from $1,000 to $2,000.
SECTION IV — RETIREMENT
A. Benefits
1. Public Employees' Retirement System
Non -Associated employees shall be entitled to retirement benefits appropriate to
his/her class as defined in the contract between the Board of Administration,
Public Employees' Retirement System and the City Council of the 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 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
2005 - 06 NA Resolution Final 3-"5 v1 13
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
specked 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. Health Savings Account for Post Retirement Health Insurance
As soon as practicable, the City shall implement a qualified health savings
account plan for the purpose of allowing employees to voluntarily fund post
medical retirement health premiums.
5. Two Percent (2%) at Age 55 Formula
Non -Associated _ employees classified as "miscellaneous" employees are -
covered by the two percent at age 55 formula (2% @ 55) as identified in Section
21354 of the California Government Code.
6. Three Percent (3%) at Age 50 Formula
Non -Associated employees classified as "safety" employees are covered by the
three percent at age 50 formula (3% @ 50) as identified in Section 21362.2 of
the California Government Code.
7. Pre -Retirement Optional Settlement 2 Death Benefit
Non -Associated employees shall be covered by the Pre -Retirement Optional
Settlement 2 Death Benefit as identified in Section 21548 of the California
Government Code when approved by the City Council.
8. 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 of the California Government
Code.
B. Public Employees' Retirement System Reimbursement and Reporting
1. 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'
2005 - 06 NA Resolution Final 3-8-05 v1 14
Retirement System (PERS). The above PERS pickup is not base salary but is
done pursuant to Section 14(hx2) of the Internal Revenue Code...
SECTION V — LEAVE BENEFITS
A. General Leave
1. Accrual
Employees will accrue General Leave at the accrual rates outlined below.
General leave may be used for any purpose, including vacation, sick leave, and
personal leave.
General leave for non -associated employees shall be accrued as follows:
Years of Service
Annual General
Leave Allowance
Biweekly General
Leave Allowance
First through Fourth Year
176 hours
6.77
Fifth through Ninth Year
200 hours
7.69
Tenth through Fourteenth Year
224 hours
8.62
Fifteenth Year and Thereafter
256 hours
9.85
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. General leave accrued
time is to be computed from hiring date anniversary. Members shall not be
permitted to take general leave in excess of actual time earned. Members shall
not accrue general leave in excess of six hundred forty (640) hours. Employees
may not use their general leave to advance their separation date on retirement or
other separation from employment.
3. Leave Benefit Entitlements
The City shall comply with all State and Federal leave benefit entitlement laws.
An eligible employee on an approved leave shall be allowed to use applicable
earned Sick Leave, General Leave, Compensatory Time, Administrative Leave or
Executive Leave for serious and non -serious family or personal health issues.
For more information on employee leave options contact the Human Resources
Division.
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
2005 - 06 NA Resolution Final 3-8-05 v1 15
AGJ. 111V. &VVJ-GJ
general leave to which they are entitled up to and including the effective date
of their termination.
b. Conversion to Cash — Two times during each fiscal year, each permanent
employee shall have the option to convert into a cash payment or deferred
compensation up to a total of one hundred twenty (120) 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.
d. Deferred Compensation Contribution at Time of Separation
The value of any unused earned leave benefits may be transferred to
deferred compensation at separation (including retirement), but only
during the time that the employee is actively employed with the City.
The latest opportunity for such transfer must be the pay period prior to
the employee's last day of employment.
B. Holidays and Pay Provisions
1. Permanent full-time Non -Associated employees shall receive the following
legal holidays as of the first pay period following adoption of the Non -
Associated Resolution paid in full per the employee's regularly scheduled
work shift:
(1) New Year's Day (January 1)
(2) Martin Luther King Day (third Monday in January)
(3) Presidents Day (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (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)
2. Any day declared by the President of the United States to be a national holiday
or by the Governor of the State of California to be a state holiday and adopted as
an employee holiday by the City Council of the City of Huntington Beach.
3. For Civic Center holiday closure purposes, holidays which fall on Sunday shall
be observed the following Monday, and those failing on Saturday shall be
observed the preceding Friday.
2005 - 06 NA Resolution Final 3-8-05 A 16
u
sNv. ZVV'-L3
4. A permanent half-time (1/2) or three quarter -time (3/4) Non -Associated employee
shall have the holiday paid as time off with a pro -rated amount of. four (4) or six
(6) hours, respectively.
5. In the event a Non -Associated "non-exempt" employee is assigned to work on
the day of the holiday recognized by the City, whether it is or is not the
employee's regularly scheduled work day the employee shall have the holiday
paid at the straight time rate unless FLSA overtime provisions apply.
6. In the event that a Non -Associated "exempt" employee is required to work on the
holiday recognized by the City, the holiday hours shall be credited to the
employee's general leave bank. Approval of this transaction shall be handled by
the Department Head or designee in the payroll period that includes the holiday
worked.
7. If a holiday falls on a Non -Associated employee's scheduled day off and with
approval from the Department Head or designee, the employee may take
another day off during the same work week as the holiday or opt to be credited
with general leave the number of hours of the employee's regularly scheduled
work shift. ..
C. Sick Leave
1. Accrual — No employee shall accrue sick leave.
2. Credit — Employees assigned to Non -Associated shall cant' forward their sick
leave balance and shall no longer accrue sick leave credit.
3. Usage — Employees may use accrued sick leave for the same purposes for
which it was used prior to December 25, 1999. Sick leave shall not be used to
extend absences due to work related (industrial) injuries or illnesses, this
provision shall be added to Personnel Rule 18.10.
4. Pay Off at Termination
a. Non Associated employees with continuous service with the city since
November 20, 1978 shall be entitled to the following sick leave payoff plan_
At involuntary termination by reason of disability, or by death, or by
retirement, employees shall be compensated at their then current rate of pay
for seventy-five percent (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
2005 - 06 NA Resolution Final 3-8-05 A 17
i�v✓. a .v. rVVJ—t/J
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 mole 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 sick leave
over 720 hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours
accumulated. Six months after July 5, 1980, employee had accumulated
another 48 hours. Employee is then sick for 120 hours. Employee's
maximum sick leave "cap" for compensation at termination is now reduced
by 72 hours to 928.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24)
hours in each instance of death in the immediate family. Immediate family is
defined as father, mother, sister, brother, spouse, children, grandfather,
grandmother, stepfather, stepmother, step grandfather, step grandmother,
grandchildren, stepsisters, stepbrothers, mother-in-law; father-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the
employee is the legal guardian.
E. Voluntary Catastrophic Leave Donation Program
Under certain conditions, an employee may donate leave time to another employee
in need. The program is outlined in Exhibit E.
2005 - 06 NA Resolution Final 3-8-05 v1 18
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the city shall be entitled to participate in the city
sponsored medical insurance plans in accordance with the Retiree Subsidy Medical Plan
as outlined in Exhibit C.
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
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.
2005 - 06 NA Resolution Final 3-"5 v1 19
JMVb. 1 \ V. 4 V V T-LJ
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.
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 Gass 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/re-employment list(s) pursuant to Part 3., Re-
employment.
2005 - 06 NA Resolution Final 3-8-05 v1 20
Res. No. 200--23
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.
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 wasAn 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 employe, 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
2005 - 06 NA Resolution Final 3-"5 v1 21
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 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
1. 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/Re-employment 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/re-
employment list pursuant to Part 3. Re-employment
2005 - 06 NA Resolution Final 3-"5 v1 22
•
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 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 Heart
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 Re -Employment
1. Re -Employment:
a. Employees who are laid off or reduced to avoid layoff shall have their names
placed upon a re-employment 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 re-employment lists shall remain on the list for
two (2) years from the date of layoff or reduction. .
c. Vacancies shall be filled from the re-erployment list for a class, starting at the
top of the list, providing that the person meets the necessary qualifications for
the position.
2005 - 06 NA Resolution Final 3-8-05 v1 23
d. Names of persons are to be removed from the re-employment 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 re-employment lists.
e. Re-employment lists shall be available affected employees upon reasonable
request.
f. Qualifications appeals involving re-employment rights shall be resolved in the
same manner as that identified in Part 2., Section 4.
2. Status on Re -Employment:
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 time after layoff in
the manner and amount set forth in existing Non -Associated employee
benefit provisions. Sick leave shall be paid to an employee when the re-
employment 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 re-employment.
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.
2005 - 06 NA Resolution Final 3-8-05 v1 24
xes. 1,40. LVv,-L3
SECTION Vill — MISCELLANEOUS
A. Collection of Payroll Overpayments
In the event that a payroll overpayment is discovered and verified, and considering all
reasonable factors including the length of time that the overpayment was made and if
and when the employee could have reasonably known about such overpayment, the
City shall take action to collect from the employee the amount of overpayment(s). Such
collection shall be processed by payroll deduction over a reasonable period of time
considering the total amount of overpayment.
In the event the employee separates from employment during the collection period, the
final amount shall be deducted from the last payroll check of the employee. If
applicable, the balance due from the employee shWI be communicated upon
employment separation if the last payroll check does not sufficiently cover the amount
due the City.
It shall be the responsibility of the employee and the City to periodically monitor the
accuracy of compensation payments or reimbursements due to the possibility of a
clerical oversight or .errQr. The City reserves the right to also collect compensation
overpayments caused by or the result of misinterpretation of a pay provision by non -
authorized personnel. The interpretation of all pay provisions shall be administered by
the City Administrator or designee and as adopted by the City Council. Unauthorized
compensation payments shall not constitute a past practice (1/03105).
B. Uniforms and CalPERS Reporting
The City provides uniforms to active duty employees in the classifications of Police
Chief and Fire Chief. These employees are required to wear a standard uniform for
appearance, uniformity, and public recognition purposes.
The City will report to the California Public Employees' Retirement System (CaIPERS)
the average annual cost of uniforms as special compensation for each eligible
employee in accordance with Title 2, California Code of Regulations, Section 571(a)(5).
2005 - 06 NA Resolution Final 3-8-05 v1 25
Ices. 140. 211115-23
EXHIBIT B
NON -ASSOCIATED SALARY SCHEDULE
Effective September 25, 2004
Job
Type
Description
Pay
Grade
A
B
C
D
E
466
Administrative SecretarY NA
421
$17.81
.$18.79
$19.82
$20.91
$22.06
279
Personnel Assistant
422
$17.89
$18.87
$19.911
$21.01
$22.17
0447
Payroll Technician
428
$18.43
$19.44
$20.51
$21.64
$22.83
0446
Senior Payroll Technician
447
$20
$21.36
$22.54
$23.78
$25.09
0278
Administrative Assistant
450
$20.57
$21.70
$22.89
$24.15
$25.48
0061 lExecubve
Assistant
478
$23.65
$24.95
$26.3
$27-77
$29.30
Analyst NA
505
$27.0
$28.55
$30.1
$31.78
$33.5
Personnel Analyst
507
$27.34
$28.84
$30.43
$32.1
$33.87
rdmin
Pa oll Anal st
513
$28.17
$29.7
$31.35
$33.0
$34.89
0630443
Admin Analyst Sr NA
533
$31.12
$32.83
$34.64
$36.55
$38.56
064
Budget Analyst Senior
533
$31.12
$32.83
$34.64
$36.
$38.56
0464
Personnel Analyst Senior
533
$31.12
$32.83
$34.64
$36.55
$38.56
2
Admin Analyst Principal NA"
552
$34.22
$36.10
$38.09
$40.18
$42.39
iO471
Community Relations Officer
552
$34.22
$36.10
$38.09
$40.18
$42.3
OMIPersonnel
Analyst Principal
552
$34.22
$36.101
$38.09
$40.18
$42.39
0054
Risk Manager
584
$40.14
$42.35
$44.681
$47.14
$49.73
0012
Director of Org Effectiveness
600
$43.48
$45.87
$48.39
$51.0
$53.86
006
Human Resources Manager
601
$43.70
$46.10
$48.64
$51.31
$54-1
0055
Finance Officer
605
$44.56
$47.01
$49.60
$52.32
$55.21
0484
Sr Deputy City Att /Liti ator
613
1 $46.38
$48.93
$51.62
$54.46
$57.46
0007
Director of Library Services
619
$47.78
$50.41
$53.181
$56.11
$59.20
0078
Assistant City Attorney
622
$48.51
$51.18
$54.001
$56.97
$60.1
0009
Director of Building & Safety
630
$50.49
$53.27
$56.201
$59.29
$62.55
13
Director of Admin Services
637
1 $52.28
$55.16
$58.191
$61.39
$64.77
0014
irector of Community Services
637
$52.28
$55.16
$58.19
$61.39
$64.77
0008
Director of Econ Development
637
$52.28
$55.16
$58.1
$61-39
$64.77
0479
Director of Info Services
637
$52.28
$55.16
$58.19
$61.3
$64.77
0021
Director of Planning
637
$52.2
$55A6
$58.19
$61.
$64.77
010
Director of Public Works
653
$56.63
$59.74
$63.031
$66.50
$70.1
0015
Fire Chief
661
$58.93
$62.17
$65.59
$69.20
$73.01
0011
Police Chief
661
$58.93
$62.17
$65.59
$69.20
$73.01
0020
Assistant City Administrator
666
$60.43
$63.75
$67.26
$70.96
$74.86
2005 - 06 NA Resolution Final 34&-05 A 26
v.vim �VVJ-YJ
C:; i 0`
HWN111111C 0� 1 8E_'ACH, CA
EXHIBIT B 2005 MAR 1 I P 3. 5 U
NON -ASSOCIATED SALARY SCHEDULE
EFFECTIVE September 24, 2005
Job
Description
Pay
Grade
9125/05
A
B
C
D
E
66
Administrative Secretary NA
429
$18.52
$19.54
$20.61
$21.74
$22.94
0279
Personnel Assistant
430
$18.61
$19.63
$20.71
$21.85
$23.05
0447 IPayroll
Technician
436
$19.19
$20.25
$21.36
$22.53
$23.77
6
Senior Payroll Technician
455
$21.10
$22.26
$23.481
$24.77
$26.1
278
Administrative Assistant
458
$21.41
$22.59
$23.8N
$25.14
$26.52
0061
Executive Assistant
486
$24.621
$25.97
$27.401
$28.91
$30.50
0005
Admin Analyst NA
513
$28.17
$29.72
$31.35
$33.07
. $34.89
53
Personnel Analyst
515
$28.45
$30.01
$31.66
$33.40
$35.2
3
Payroll Analyst
521
$29.33
$30.94
$32.64
$34.43
$36.32
0063
Admin Analyst Sr NA
541
$32.40
$34.18
$36.06
$38.04
$40.13
Budget Analyst Senior
541
$32.40
$34.18
$36.06
$38.04
$40.13
464
Personnel Analyst Senior
541
$32.40
$34.18
$36.06
$38.04
$40.1
2
jAdmin Analyst Principal NA
560
$35.61
$37.57
$39.64
$41.82
$44.12
0471
Community Relations Officer
560
$35.61
$37.57
$39.64
$41.82
$44.12
Personnel Analyst Principal
560
1 $35.61
$37.57
$39.64
$41.82
$44.12
54
Risk Manager
592
$41.77
$44.07
$46.491
$49.05
$51.7
0012
Director of Org Effectiveness
608
$45.24
$47.73
$50.36
$53.13
$56.05
006
Human Resources Manager
609
$45.47
$47.97
$50.61
$53.39
$56.33
056
Finance Officer
613
$46.38
$48.93
$51.62
$54.46
$57.46
0484
Sr Deputy City Atty/Litigator
621
1 $48.27
$50.93
$53.73
$56.68
$59.80
0007
Director of Library Services
627
$49.73
$52.47
$55.361
$58.41
$61.62
078[Assistant
City Attorney
630
$50.49
$53.27
$56.20
$59.2
$62.55
009
IDirector of Building & Safety
638
$52.54
$55.43
$58.48
$61.70
$65.09
0013
113irector of Admin Services
645
$54.42
$57.41
$60.57
$63.90
$67.41
0014
Director of Community Services
645
$54.42
$57.41
$60.57
$63.90
$67.4.1
8
Director of Econ Development
645
$54.42
$57.41
$60.571
$63.90
$67.41
79
Director of Info Services
645
$54.42
$57.41
$60.57
$63.90
$67.41
0021
Director of Planning
645
$54.42
$57.41
$60.57
$63.90
$67.41
0010
Director of Public Works
661
$58.93
$62.17
$65.59
$69.20
$73.01
0015
Fire Chief
669
$61.34
$64.71
$68.27
$72.03
$75.9
0011
Police Chief
669
$61.341
$64.711
$68.271
$72.03
$75.99
0020
Assistant City Administrator
674
$62.891
$66.35
$70:00
$73.85
$77.91
Oct C4 2
cr
2005 - 06 NA Resoiu6on Final 3-8-05 v1 27
•
EXHIBIT C
RETIREE MEDICAL PLAN
An employee who has retired from the city shall be entitled to participate in the city
sponsored medical insurance plans and the city shall contribute toward monthly premiums
for coverage in an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of
continuous full time city service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the city; and
C. 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 followings
1. On the first of the month in which a retiree or dependent reaches age
65 or on the date the retiree or dependent can first apply and become
eligible, automatically or voluntarily, for medical coverage under
Medicare (whether or not such application is made) the city's obligation
to pay monthly premiums may be adjusted downward or eliminated.
Benefit coverage at age 65 under the city's medical plans shall be
governed by applicable plan document.
2. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would
be eligible to receive if he/she were retired at the time of death; shall
be paid on behalf of the spouse or family for a period not to exceed
twelve (12) months.
D. Schedule of Benefits
1. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits
begins after -an employee has completed ten .(10) years of continuous full
time service with the City of Huntington Beach. Said service must be
continuous unless prior service is rginstated at the time of his/her rehire in
accordance with the city's Personnel Rules.
2005 - 06 NA Resolution Final 3-8-05 v1 28
sue..... � - -vv A.J
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.
3. Maximum Monthly Subsidy Payments
Payment amounts may be reduced each month as dependent eligibility
ceases due to death, divorce or loss of dependent child status. However,
the amount shall not be reduced if such reduction would cause insufficient
funds needed to pay the full premium for the employee and the remaining
dependents. In the event no reduction occurs and the remaining benefit
premium is not sufficient to pay the premium amount for the employee and
the eligible dependents, said needed excess premium amount shall be paid
by the employee.
All retirees, including those retired as a result of disability whose number of
years of service prior to retirement, exceeds ten (10) years of continuous full
time service, shall be entitled to maximum monthly payment of premiums by
the city for each year of completed city service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Subsidy
$121
136
151
166
181
196
211
226
241
256
271
286
300
315
330
344
2005 - 06 NA Resolution Final 3-M5 v1
29
nca. iw. wvrLJ
e
MISCELLANEOUS PROVISIONS
A. Eli ibili
1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following
retirement date.
2. A retiree may change plans, add dependents, etc., during annual
open: enrollment. The Administrative Services Department shall
notify covered retirees of this opportunity each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are
actual years of completed service with the City of Huntington Beach.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network
(MHN), Prescription Card System (PCS), Orange County Foundation
for Medical Care (OCFMC) 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.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. HMO.
c. Part A of Medicare for those retirees not eligible for paid PartA.
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
2005 - 06 NA Resolution Final 3-M5 v1 30
— a . v —W W-F-A.J
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
Medicare if the individual elects to take Medicare. In all cases, Part B
of Medicare is paid for by the participant.
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:
1. For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply: .
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will
be eliminated on the first day of the month in which the retiree
reaches age 65. If such retiree was covering dependents under
the Plan, dependents will be eligible for COBRA continuation
benefits effective as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of
the following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the
event such dependent reaches age 65 prior to the retiree
reaching age 65.
c. At age 65 retirees are eligible to make application for Medicare.
Upon being considered "eligible to make application," whether or
not application has been made for Medicare, the Retiree Subsidy
Medical Plan will be eliminated.
2. See provisions under "Benefits," "Supsidies," and "Medicare" for -those
retirees/dependents not eligible for paid Part A of Medicare.
2005 - 06 NA Resolution Final 3-8-05 A 31
nq. sw. GVV,-L3
3. Retiree Subsidy Medical Plan and COBRA participants shall be
notified of non-payment of premium by means of a certified letter from
Employee Benefits in accordance with provisions of the Non -
Associated Resolution.
4. A retiree who fails to pay premiums due for coverage and is in arrears
for sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
2005 - 06 NA Resolution Final 3-8-05 v1
32
Res. No. 2005-23
EXHIBIT D 9/80 WORK SCHEDULE
This work schedule is -known as "9/80". The 9/80 work schedule 'is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event
that there is a conflict with the current rules, practices and/or procedures regarding work
schedules and leave plans, then the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a
two week pay period by working eight (8) days at nine (9) hours per day and working one
(1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling
forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service
to the public, departmental effectiveness, productivity and/or efficiency as determined by
the City Administrator or designee.
A. Forty (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 4:00 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:
. - 0 000�0000 C-oE�0000 0
- . - a aaaoe�en o�aEe��ea e�
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.
2005 - 06 NA Resolution Final 348-05 A 33
1 F
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.
1. Overtime Compensation — As stated in the Non -Associated Resolution.
2. Compensatory Time — As stated in 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 the Non -Associated Resolution.
2. Sick Leave — As stated in the Non -Associated Resolution.
3. Administrative Leave — As stated in the Non -Associated Resolution.
4. Executive Leave — As stated in the Non -Associated Resolution.
5. Bereavement Leave — As stated in the Non -Associated Resolution.
6. Holidays - As stated in the Non -Associated Resolution.
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.
2005 - 06 NA Resolution Final 348-05 A 34
aw.�. > •v. .+vvsbJ
EXHIBIT E
Voluntary Catastrophic Leave Donation
Program Guidelines
PURPOSE
The purpose of the voluntary catastrophic leave donation program is to bridge
employees who have exhausted all paid leave accruals to either, return to
work, long term disability, or medical retirement. Permanent employees who
accrue vacation, general leave or compensatory time may donate such leave
to another permanent employee when a catastrophic illness or injury befalls
that employee or because the employee is needed to care for a seriously ill
family member. The leave sharing program is city-wide across all
departments and is intended to provide an additional benefit. Nothing in this
program is intended to change current policy and practice for use and/or
accrual of vacation, generallor sick leave.
DEFINITIONS
Catastrophic Illness or Iniury
A serious debilitating illness or injury which incapacitates the employee or an
employee's family member and which causes a loss of income due to the.
employee having exhausted all paid leave accruals.
Eligible Leave
Accrued compensatory, vacation or general leave credits may be donated.
The minimum donation an employee may make is two (2) hours and the
maximum is forty (40) hours.
Family Member
For the purposes of this policy, the definition of family member is that
defined in the Family Medical Leave Act (child, parent, spouse or
domestic partner).
ELIGIBILITY
Permanent employees who accrue vacation or general leave may donate
such hours to eligible recipients. Compensatory time accrued may also be
donated. An eligible recipient is an employee who
• Accrues vacation or general leave
• Has exhausted all paid leave accruals and is not receiving disability
benefits or Workers' Compensation payments; and
• Requests donated leave
2005 - 06 NA Resolution Final 3-"5 A 35
10
I
0. 0
TRANSFER OF LEAVE
The maximum donation credited to a recipient's leave account shall be the
amount necessary to ensure continuation of the employee's regular salary
during the employee's period of approved catastrophic leave. Donations will
be voluntary, confidential, and irrevocable. Hours donated will be converted
into a dollar amount, based on the hourly wage of the donor. The dollar
amount will then be converted into accrued hours, based on the recipient's
hourly wage.
An employee needing leave will complete a Leave Donation Request Form
and submit it to the Department Director for approval. The Department
Director will forward the form to Human Resources for processing. Human
Resources, working with the department, will send out the request for leave
donations.
Employees wanting to make donations will submit an Authorization for
Donation to the Human Resources division (payroll).
All donation forms submitted to payroll will be date stamped and used in
order received for each bi weekly pay period. Any donation form submitted
that is not needed will be returned to the donor.
OTHER
Please contact the Human Resources Division, at 374-1567 if you have
questions regarding staff participation in this program. .
2005 - 06 NA Resolution Final 348-05 A 36
•
Voluntary Catastrophic Leave Donation Program
Leave Request Form
According to the provisions of the Leave Donation Program, I hereby request donated
vacation, general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT:
• A leave of absence in relation to a catastrophic illness or injury has been approved by
my department;
• 1 have, or soon will, exhaust all of my sick leave, vacation, general, administrative,
executive and compensatory time accruals; and
• 1 am not receiving disability benefits or Workers' Compensation payments.
Please return to Human Resources Division, Department of Administrative
Services for processing.
2005 - 06 NA Resolution Final 3-8-05 A 37
Res. No. 2005-23
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, the duly elected, qualified City Clerk of the City
of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 21st day of
March, 2005 by the following vote:
AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook
NOES: Sullivan
ABSENT: None
ABSTAIN: None
Ci klerk and ex-officio #erk of the
City Council of the City of
Huntington Beach, California
•
ATTACHMENT #2
•
DAN T. VILLELLA, CPA
RESUME
Present Position: Finance Officer. City of Huntington Beach
Education: University of Southern California
Bachelor of Science, Business Administration
California State University at Long Beach
Masters of Business Administration
Professional Organizations: American Institute of Certified Public Accountants
California Society of Certified Public Accountants
Government Finance Officers Association
California Society of Municipal Finance Officers
Professional Experience: City of Huntington Beach
Hired in 1979. Currently administer all of the City's
Accounting, Revenue Forecasting and Budget
Preparation. Serve as Acting Director of Administrative
Services Department during all absences of the
Department Head. Other areas of responsibility have
included the administration and supervision of the Real
Estate and Purchasing/Central Services Divisions.
Appointed by the Huntington Beach City Council to
serve as Acting City Treasurer (from
December 29, 1995 until March 27, 1996) until the
recruitment for an interim City Treasurer could be
completed.
County of Los Anaeles
Employed in the Auditor Controller's Office from 1972
through 1978. Performed management audits of
various County operations such as hospitals and
Department of Social Services. Performed financial
audits of Special Districts, such as the County Fire
Department (Fire Protection District). Performed audits
of entities contracting with the County of Los Angeles.
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
ADMINISTRATION
SUBJECT:
APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN
THE CITY AND DAN VILLELLA AS THE FINANCE
DIRECTOR
COUNCIL MEETING DATE:
February 21, 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 Attomey)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
❑
Certificates of Insurance (Approved by the City Attomey)
Attached
❑
Not Applicable
❑
Fiscal Impact Statement (Unbudget, over $5,000)
Attached
❑
Not Applicable
❑
Bonds (If applicable)
Attached
Not Applicable
❑
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
Assistant City Administrator Initial
City Administrator Initial
)
City Clerk
® 1
(Below Space For City Clerk's Use Only)
RCA Author: I. Youssefieh