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File #: 19-613 MEETING DATE: 5/20/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
Subiect:
Create a new Chief Assistant City Attorney position; Adopt Resolution No. 2019-36 amending
Non-Associated Salary Schedule for City Attorney and Chief Assistant City Attorney; Adopt
Resolution No. 2019-35 increasing the salary of the City Attorney; and, delegate authority to
execute employment agreements for Chief Assistant City Attorney
Statement of Issue:
Following the Strategic Planning Meeting earlier this year, wherein the City set goals for succession
planning, the City Attorney has identified an opportunity to modify the City Attorney's Office
organizational structure. The proposal is to add a new position of Chief Assistant City Attorney for a
Chief Trial Counsel position and retain the classification of Senior Trial Council as an unfunded
position. As City Council knows, the City Attorney's Office has two distinct divisions, i.e.,
advisory/government law, and, litigation and trials. Both divisions, critical to defending the City and
providing the best legal representation, would benefit from positions of high level leadership in both
divisions, including a new Chief Assistant City Attorney for the litigation and trials team.
To that end, the City Attorney is proposing to create and fund a new Chief Assistant City Attorney,
Chief Trial Counsel, to manage and oversee all trial matters, including management of all City trial
work, and trial attorneys. It is proposed that both Chief Assistant City Attorneys enter into amended,
updated, employment agreements with the City.
The City Attorney also takes this opportunity to adjust/set the Chief Assistant City Attorney class to a
slightly more competitive compensation. Currently, the Chief Assistant City Attorney compensation
range is $12,315.33 to $15,255.07/month.
The Non-Associated Resolution establishes compensation and benefits for non-associated
employees, including the position of City Attorney and Chief Assistant City Attorney. After a study of
comparable salaries, it is proposed that compensation for the position of City Attorney be
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File #: 19-613 MEETING DATE: 5/20/2019
$117.63/hour or $244,671.00/annum and Chief Assistant City Attorney be modified to a range of
$12,938.02 to $16,026.40/month. All other benefits will remain consistent with that contained within
the current NA Resolution.
It is also proposed as part of this RCA, that the City Attorney compensation be adjusted, not only to
account for the reduced compensation he initially voluntarily agreed to in 2014, but to reflect the
outstanding legal work that has been accomplished for the taxpayers over the last four and a half
years.
Financial Impact:
The proposed salary increases are absorbed into the City Attorney's Office regular annual budget,
which includes the City-wide budget cut of 1%. The 2018/2019 budget was $2,624,344 and with the
proposed increased salaries, the annual budget for 2019/2020 is $2,617,309.
Recommended Action:
A) Create a new Chief Assistant City Attorney position in the City Attorney's Office; and,
B) Adopt Resolution No. 2019-36, "A Resolution of the City Council of the City of Huntington Beach
Modifying Salary and Benefits for Non-Represented Employees by Changing the Compensation of
the Chief Assistant City Attorney Classification" amending Non-Associated Resolution 2016-50 Salary
Schedule for City Attorney and Chief Assistant City Attorney; and,
C) Adopt Resolution No. 2019-35, "A Resolution of the City Council of the City of Huntington Beach
Modifying Salary of the Elected City Attorney;" and,
D) Delegate authority to the City Manager/Interim City Manager and City Attorney to execute
employment agreements for the Chief Assistant City Attorneys.
Alternative Action(s):
Do not create another Chief Assistant City Attorney position in the City Attorney's Office.
Do not adopt Resolution No. 2019-36 amending Non-Associated Resolution 2016-50 Salary
Schedule Chief Assistant City Attorney.
Do not adopt Resolution No. 2019-35 adjusting the salary for the City Attorney.
Do not delegate authority to the City Manager/Interim City Manager and City Attorney to execute
employment agreements for the Chief Assistant City Attorneys
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File #: 19-613 MEETING DATE: 5/20/2019
Analysis:
It is proposed that the City Attorney's Office be restructured to have two Chief Assistant City Attorney
Positions. The current Chief Assistant City Attorney with a focus on government/advisory will remain
the same as the "Chief of Staff' to the City Attorney and in the absence of the City Attorney, perform
the duties of the City Attorney.
The new Chief Assistant City Attorney, Chief Trial Counsel, with a focus on litigation/trials will
supervise and oversee the operations of the litigation/trials division of the City Attorney's office and
manage the day-to-day activities of the team, to include direct supervision of attorneys and support
staff. This new position will also have more responsibility with regard to leadership and interfacing
with other city officials and city leaders.
In addition, it is proposed that the salary for the position of Chief Assistant City Attorney be increased
to a range of $12,938.02 to $16,026.40/month.
The City Attorney Michael Gates was elected in 2014. When he took the position, he volunteered to
receive compensation at a much lower rate than what his predecessor was making. As it is today,
Mr. Gates still earns approximately $10,000 per annum less than his predecessor made on the day
she left office in 2014. Moreover, the pay for the City Attorney position is "set" and "locked" by
Resolution of the City Council. Unlike nearly every other City Department Head, the City Attorney's
pay does not automatically progress up the City Council designated pay range. In fact, while other
city employees naturally get increases with the passage of time, the City Attorney's pay does not, it is
locked in place until the City Council takes action again.
Over the last four years the City Attorney has demonstrated exceptional leadership, great
management decision-making, exceptional legal skill and judgment; he implemented office-wide
efficiencies and eliminated waste. Under his leadership and through the work of the City Attorney's
Office over the past four and a half years, the City has saved over $100MM just in good, smart legal
work. As it is now, the City Attorney's Office of Huntington Beach is as good as any private sector law
firm of the same size and is now an example to many other cities, not to mention the City's relatively
new image of strong legal advocacy. It is proposed that the City Attorney compensation be
increased, not only to account for the reduced compensation he voluntarily agreed to, but to reflect
the outstanding legal work that has been accomplished for the taxpayers over the last four and a half
years.
The increases in compensation are net neutral to the City Attorney's Office budget.
Environmental Status:
N/A
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File #: 19-613 MEETING DATE: 5/20/2019
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Resolution No. 2019-35 "A Resolution of the City Council of the City of Huntington Beach
Modifying Salary of the Elected City Attorney"
2. Resolution No. 2019-36 "A Resolution of the City Council of the City of Huntington Beach
Modifying Salary and Benefits for Non-Represented Employees by Changing the
Compensation of the Chief Assistant City Attorney Classification"
3. Resolution No. 2016-50 "A Resolution of the City Council of the City of Huntington Beach
Modifying Salary and Benefits for Non-Represented Employees Including the Elected City
Attorney, City Clerk and City Treasurer"
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RESOLUTION NO. 2019-36
A RESOUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING SALARY AND BENEFITS FOR NON-REPRESENTED EMPLOYEES BY
CHANGING THE COMPENSATION OF THE CHIEF ASSISTANT CITY ATTORNEY
CLASSIFICATION
WHEREAS, the City Council of the City of Huntington Beach desires to modify the
salary and benefits for non-represented employees upon adoption of this resolution;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. Salaries and Benefits for Non-Represented employees shall be as reflected
in Exhibit"A", attached hereto and incorporated by this reference.
SECTION 2. The salary range for the Chief Assistant City Attorney shall be as
reflected in the Non-Associated Executive Management Salary Schedule—Exhibit 1.
SECTION 3. All other benefits and salary ranges established and reflected in the Non-
Associated Employees Pay and Benefits Resolution 2016-50, shall continue unless
modified by City Council action.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 20 th day of May ,
2019
Mayor
REVIEWED AND APPROVED INITIATED A APPROVED
Cit Manager C' Attorney ^,t,V
APPROVED �S-T' FORM:
City Attorney
19-7610/203973
keNO NO 201 - EXff I&T IIAII
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT A - NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT
PROVISION................................................................................................... 1
SECTIONI PAY.............................................................................................................. 1
A. SALARY SCHEDULE ................................................................................................. 1
B. DIRECT DEPOSIT..................................................................................................... 1
C. ASSIGNED VEHICLE/AUTO ALLOWANCE .................................................................... 1
1. Department Heads......................................................................................................................1
D. Deferred Compensation ...................................................................................... 1
SECTION II — HOURS OF WORK/OVERTIME/TIME OFF............................................. 1
A. EXECUTIVE LEAVE................................................................................................... 1
B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES........................................................ 2
1. 5/40 Work Schedule....................................................................................................................2
2. 9/80 Work Schedule....................................................................................................................2
3. Alternative Work Schedule..........................................................................................................2
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS...................................2
A. HEALTH INSURANCE................................................................................................ 2
1. Medical, Dental and Vision Insurance.........................................................................................2
2. City and Employee Paid Health Insurance .................................................................................2
3. Medical Cash Out........................................................................................................................5
4. Section 125 Plan.........................................................................................................................5
B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ............................... 6
C. LONG-TERM DISABILITY INSURANCE ......................................................................... 6
D. CITY-PAID PHYSICAL EXAMINATIONS ........................................................................ 6
E. MISCELLANEOUS..................................................................................................... 6
F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL
RETIREE SUBSIDY PLAN ................................................................................................. 6
G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ...................................................... 7
SECTION IV— RETIREMENT.........................................................................................7
A. BENEFITS............................................................................................................... 7
1. Self-Funded Supplemental Retirement Benefit ..........................................................................7
2. Medical Insurance for Retirees ...................................................................................................8
B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING............8
1. Miscellaneous Unit Members .....................................................................................................8
2. Safety Unit Members...................................................................................................................9
3. IRS Code 414(h)(2)..................................................................................................9
4. Pre-Retirement Optional Settlement 2 Death Benefit.................................................................9
5. Fourth Level of 1959 Survivor Benefits.......................................................................................9
6. VEBA Plan Requirements.........................................................................................................10
SECTION V— LEAVE BENEFITS ................................................................................ 11
Exhibit"A"to Non-Associated Resolution No.2016-50 i
759
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
A. GENERAL LEAVE................................................................................................... 11
1. Accrual ......................................................................................................................................11
2. Eligibility and Approval .............................................................................................................11
3. Leave Benefit Entitlements.......................................................................................................11
4. Conversion to Cash..................................................................................................................11
B. HOLIDAYS AND PAY PROVISIONS....................................................... .................... 12
C. SICK LEAVE.......................................................................................................... 12
1. Accrual ......................................................................................................................................12
2. Credit.........................................................................................................................-.............13
3. Usage........................................................................................................................................13
4. Payoff at Termination................................................................................................................13
D. BEREAVEMENT LEAVE ........................................................................................... 14
E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........................................ 14
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN.................................................. 14
SECTION VII - MISCELLANEOUS............................................................................... 14
A. COLLECTION OF PAYROLL OVERPAYMENTS............................................................. 14
B. UNIFORMS AND CALPERS REPORTING .................................................................. 15
EXHIBIT 1 - NON-ASSOCIATED SALARY SCHEDULE............................................. 16
EXHIBIT 2 - RETIREE MEDICAL PLAN ...................................................................... 17
EXHIBIT 3 - 9/80 WORK SCHEDULE..........................................................................21
EXHIBIT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION .............................23
Exhibit"A"to Non-Associated Resolution No.2016-50 ii
760
NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS
EXHIBIT A
SECTION I — PAY
A. Salary Schedule
1. All current Non-Associated employees shall receive the salaries as identified in Exhibit
1.
2. The City Council shall set the salaries of the elected executive management positions
identified in Exhibit 1, at any rate within the designated salary range.
3. The City Manager is authorized to set the salaries of the non-elected executive
management positions identified in Exhibit 1 at any rate at or below the control point of
the designated salary range. The City Manager is authorized to increase the salary by
any percentage not greater than 5% based upon performance at annual review and
market data. However, no salary for a new employee may be set above the control point
at any time without City Council approval.
B. Direct Deposit
All Non-Associated employees are required to utilize direct deposit of payroll checks.
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall
have the option of an assigned City vehicle or an auto allowance 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.
D. Deferred Compensation
Effective the beginning of the pay period following City Council approval of this resolution,
each employee covered by this resolution, including the City Attorney, City Clerk and City
Treasurer, shall receive a one-time deposit to the employee's 457 Deferred Compensation
account in the amount of$3,800.00.
1. This shall be a single, one-time only deposit. All appropriate Federal and State legal
mandates regarding the tax-treatment of this one-time deposit shall apply.
SECTION II — HOURS OF WORK/TIME OFF
A. Executive Leave
Non-Associated exempt employees shall not be eligible for overtime compensation. Exempt
department heads shall be credited with eighty (80) hours of executive leave per calendar
year.
Exhibit"A"to Non-Associated Resolution No. 2016-50 1 761
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
B. Flexible and Alternative Work Schedules
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday
through Friday each week with a one-hour lunch during each work shift, totaling a forty
(40) hours work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9)days
for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours
per day and working one (1) day for eight(8) hours (Friday), with a one-hour lunch during
each work shift, totaling forty (40) hours in each FLSA designated 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 Manager or designee.
3. Alternative Work Schedule
Non-associated employees may elect any alternative work schedule approved by the City
Manager or designee.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance
1. Medical, Dental and Vision Insurance
The City shall continue to make group medical, dental and vision benefits available 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 beginning of the first full pay period following the effective
date of coverage and pro-rated for coverage through the end of the month in
which employment was separated.
Exhibit"A"to Non-Associated Resolution No. 2016-50 2 762
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
i. Health Plan Employee and Employer Contributions Chart for Non-Associated/Non-
Safety Classifications in EXHIBIT 1 and Non-Associated/Safety Classifications in
EXHIBIT 2.
EXHIBIT 1
2019 Health Premiums and Contributions
Effective 6/1/2019
Non-Associated/Non-Safety
Monthly Employer . Employee Employee
Plan Tier Monthly Monthly Bi-Weekly
Premium Contribution Contribution Contribution
Single 551.00 551.00 0.00 0.00
Kaiser Two-Party 1,188.00 1,174.36 13.64 6.30
Family 1,555.00 1,370.04 184.96 85.37
Single 733.00 733.00 0.00 0.00
Blue Shield HMO Two-Party 1,602.00 1,174.36 427.64 197.37
Family 2,072.00 1,370.04 701.96 323.98
Single 780.00 780.00 0.00 0.00
Blue Shield PPO Two-Party 1,649.00 1,335.78 313.22 144.56
Family 2,043.00 1,514.31 528.69 244.01
Single 56.00 45.02 10.98 5.07
Delta Dental PPO Two-Party 104.60 85.91 18.69 8.63
Family 137.90 122.18 15.72 7.26
Single 30.11 30.11 0.00 0.00
Delta Care HMO Two-Party 51.19 51.19 0.00 0.00
Family 78.29 78.29 0.00 0.00
Single 23.33 0.00 23.33 10.77
VSP Vision Two-Party 23.33 0.00 23.33 10.77
Family 23.33 0.00 23.33 10.77
Medical Opt-Out: $551.00 per month ($254.31 bi-weekly)
EXHIBIT 2
2019 Health Premiums and Contributions
Effective 6/1/2019
Non-Associated Safety
Monthly Employer Employee Employee
Plan Tier Monthly Monthly Bi-Weekly
Premium Contrib Contrib Contrib
Single 625.07 625.07 0.00 0.00
PERS Two-Party 1,250.14 974.36 275.78 127.28
Anthem HMO Select
Family 1,625.18 1,170.04 455.14 210.06
Exhibit"A"to Non-Associated Resolution No. 2016-50 3 763
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
PERS Single 830.89 640.76 190.13 87.75
Anthem HMO Two-Party 1,661.78 974.36 687.42 317.27
Traditional Family 2,160.31 1,170.04 990.27 457.05
Single 760.04 640.76 119.28 55.05
PERS Two-Party 1,520.08 974.36 545.72 251.87
Blue Shield Access+
Family 1,976.10 1,170.04 806.06 372.03
PERS Single 427.81 427.81 0.00 0.00
Health Net Salud y Two-Party 855.62 855.62 0.00 0.00
Mas Family 1,112.31 1,112.31 0.00 0.00
PERS Single 642.71 640.76 1.95 0.90
Health Net Two-Party 1,285.42 974.36 311.06 143.57
SmartCare Family 1,671.05 1,170.04 501.01 231.24
Single 628.63 628.63 0.00 0.00
PERS Kaiser Two-Party 1,257.26 974.36 282.90 130.57
Family 1,634.44 1,170.04 464.40 214.34
Single 646.65 640.76 5.89 2.72
PERS Two-Party 1,293.30 974.36 318.94 147.20
UnitedHealthcare
Family 1,681.29 1,170.04 511.25 235.96
Single 721.11 721.11 0.00 0.00
PERS Choice Two-Party 1,442.22 1,135.78 306.44 141.43
Family 1,874.89 1,314.31 560.58 258.73
Single 462.71 462.71 0.00 0.00
PERS Select Two-Party 925.42 925.42 0.00 0.00
Family 1,203.05 1,203.05 0.00 0.00
Single 907.29 750.48 156.81 72.37
PERS Care Two-Party 1,814.58 1,135.78 678.80 313.29
Family 2,358.95 1,314.31 1,044.64 482.14
Single 774.00 774.00 0.00 0.00
PORAC Two-Party 1,623.00 1,599.00 24.00 11.08
Family 2,076.00 1,989.00 87.00 40.15
Single 56.00 45.02 10.98 5.07
Delta Dental PPO Two-Party 104.60 85.91 18.69 8.63
Family 137.90 122.18 15.72 7.26
Single 30.11 30.11 0.00 0.00
Delta Care HMO Two-Party 51.19 51.19 0.00 0.00
Family 78.29 78.29 0.00 0.00
Single 23.33 0.00 23.33 10.77
VSP Vision Two-Party 23.33 0.00 23.33 10.77
Family 1 23.33 0.00 1 23.33 1 10.77
Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly)
CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly)
Employee and City Contributions subject to change as a result of contract negotiations
Exhibit"A"to Non-Associated Resolution No. 2016-50 4 764
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Other Southern California Region: Fresno, Imperial, Inyo, Kern, King, Madera, Riverside, Orange, San Diego,
San Luis Obispo, Santa Barbara, Tulare
ii. "Safety Member" Health Premiums — Employer Contribution
Employees that are classified as "safety member" by the California Public Employees'
Retirement System (CaIPERS) may have access to the medical plans offered by
CaIPERS as contracted by the City. In accordance with eligibility provisions, the Police
Chief and the Fire Chief may elect to enroll in the CaIPERS health insurance program
offered by the City.
The City's maximum monthly employer contributions for the CaIPERS health insurance program is
set forth in the current City of Huntington Beach Non-Associated Safety Health Premiums and
Contributions Chart. The amounts listed therein include the mandated Public Employees' Medical
and Hospital Care Act (PEMHCA) contribution.
iii. Employees shall not be entitled to the difference between the employer contribution
and the premiums for insurance plan(s) selected by the employee.
iv. Future 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) as outlined in sections i and
ii above.
The City agrees to increase the contribution toward monthly group medical up to $200
per plan, per tier, effective following City Council approval of this resolution.
The employee and employer contributions rates set forth in sections i and ii above
shall remain in effect in 2019 and beyond unless otherwise modified by a successor
Non-Associated Resolution. Employee and City Contributions subject to change as
a result of City Council approval.
The City's contribution caps for dental and vision in effect as of August 1, 2014 shall
not be increased.
The City's contribution caps will remain in place, even if premium increases result in
these additional costs being borne by the employee.
3. Medical Cash Out
If an employee is covered by a medical program outside of a City-provided program
(evidence of which must be supplied to Human Resources), the employee may elect to
discontinue City medical coverage and receive the monthly value of the City's
contribution to the lowest cost employee-only medical plan paid bi-weekly.
4. Section 125 Plan
Employees shall be eligible to participate in a City-approved Section 125 Flexible
Spending Account Plan the same as all other eligible employees, as provided by IRS
law. This plan allows employees to use pre-tax salary to pay for regular childcare, adult
dependent care and/or medical expenses.
Exhibit"A"to Non-Associated Resolution No. 2016-50 5 765
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
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 benefits for each incident of illness or injury after a waiting period of
thirty (30) calendar days during which the Non-Associated employee may use accumulated sick
leave, general leave, and executive leave pay. Subsequent to the thirty-(30) day waiting period,
the employee will be covered by an insurance plan paid for by the City providing sixty-six and
two-thirds percent (66 2/3%) of the first $12,500 of the employee's basic monthly earnings up to
a maximum monthly benefit of$8,332.50. The maximum benefit period for disability due to injury
or illness shall be to age sixty-five (65).
Days and months refer to calendar days and months. Benefits under the plan are integrated with
sick leave, Worker's Compensation, Social Security and other non-private program benefits to
which the employee maybe 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 Human Resources Department.
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
Exhibit"A"to Non-Associated Resolution No. 2016-50 6 766
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
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 group medical insurance, the
retiree and their qualified dependents will have access to City-sponsored medical insurance plans
reinstated.
Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
G. Post-65 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 the City-
sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility
for this insurance.
SECTION IV— RETIREMENT
A. Benefits
1. Self-Funded Supplemental Retirement Benefit
In the event a Non-Associated employee member elects Option #1, #2, #2W, #3, #3W or
#4 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 as provided in California Government Code sections 21455, 21456,
21457, and 21548 as said referenced Government Code sections exist as of the date of
this agreement. This payment shall be made only to the member (Non-Associated
Exhibit"A"to Non-Associated Resolution No. 2016-50 7 767
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
employee), shall be payable by the City during the life of the member, and upon that
member's death, the City's obligation shall cease. Unless previously excluded by
employment or resolution, eligibility for this benefit is limited to employees hired before
December 27, 1997.
2. Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each Non Associated
employee shall be entitled to cause self, spouse and dependents to participate fully in
the City's group health insurance program at the equivalent of the City's group
premium rate in accordance with the provisions specified by Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at
employee's expense and upon terms, conditions and restrictions currently in effect.
b. As an alternative to the benefit described in paragraph IV.A.2.a above, the City will
provide a financial contribution towards the cost of retiree medical premiums as
described in Section VI.
B. Public Employees' Retirement System Contributions and Reporting
1. Miscellaneous Members
a. The City shall provide all miscellaneous employees described as "classic members
by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "2.5% at age 55 plan"
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (CalPERS), Section 21354 of the California
Government Code.
b. Miscellaneous bargaining unit "classic members" shall pay to CalPERS as part of the
required member retirement contribution eight percent (8%) of pensionable income.
This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two percent at age 62 (2% @ 62)
retirement formula set forth in Government Code section 7522.20.
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the members
Exhibit"A"to Non-Associated Resolution No. 2016-50 8 768
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
3) Effective January 1, 2013, "new" members as defined by PEPRA and determined
by CalPERS, shall contribute one half(50%) of the normal cost as established by
CalPERS.
2. Safety Members
a. The City shall provide all safety employees described as "classic" members by the
Public Employees' Pension Reform Act of 2013—"PEPRA"with that certain retirement
program commonly known and described as the "3% at age 50 plan" which is based
on the retirement formula as set forth in the California Public Employees' Retirement
System (CalPERS), Section 21362.2 of the California Government Code.
b. All safety employees described as "classic" members shall pay to CaIPERS as part of
the required member retirement contribution nine percent (9%) of pensionable
income. This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two and seven tenths percent at age 57
(2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d)
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of retirement, or some other 36 consecutive month period designated by the
member.
3) Effective January 1, 2013, "new" members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the normal cost, as
established by CalPERS.
3. IRS Code Section 414(h)(2)
The City has adopted the CaIPERS Resolution in accordance with IRS Code section
414(h)(2)to ensure that both the employee contribution and the City pickup of the required
member contribution are made on a pre-tax basis. However, ultimately, the tax status of
any benefit is determined by the law.
4. 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.
5. Fourth Level of 1959 Survivor Benefits
Exhibit"A"to Non-Associated Resolution No. 2016-50 9 769
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
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.
6. VEBA Plan Requirements
a. Eligibility Defined
Effective December 23, 2009, all eligible Unrepresented Management Employees
with 25 years of continuous service to the City of Huntington Beach will participate in
the Plan. An eligible employee is an employee who works twenty (20) or more hours
per week and receives benefits.
b. Employee Contributions
c. Leave Payout
Each eligible unrepresented management employee shall designate all leave payouts
to be rolled over to his/her.VEBA Plan account based on the established range upon
separation from City employment.
d. Participant Account
A separate account is maintained for each contributing eligible unrepresented
management employee, which documents the employee's contributions and
disbursements. Contributions to a VEBA plan account as well as any disbursements
to cover nonreimbursed, post-tax medical care expenses are both tax free. Eligible
benefits subject to reimbursement by the Plan shall be limited to long-term care
expenses and nonreimbursed medical premiums, co-pays, prescribed drug expenses
and other medical care costs as that term is defined by the Internal Revenue Code
Section 213.
e. Administrative Fees
Any Plan administrative fees will be deducted from interest on the total Plan
investments.
An eligible unrepresented management employee's Plan account is subject to a
monthly administrative fee for expenses related to recordkeeping, claims processing,
and claims reimbursement. The fee will first be deducted from interest on total plan
investments, and then deducted, if necessary,from the employee's individual account.
f. Dispute Resolution
This Resolution and any disputes arising under or in connection with this Resolution
shall not be subject to any dispute resolution procedures in the City's Personnel Rules,
nor shall this Resolution and any such dispute relating thereto be subject to the
jurisdiction of the City's Personnel Board for any reason whatsoever.
g. Indemnification
All Unrepresented Management Employees agree to indemnify and hold the City of
Huntington Beach harmless against any claims made of any nature and against any
suit instituted against the City arising from this Resolution, including, but not limited
Exhibit"A"to Non-Associated Resolution No. 2016-50 10 770
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
to, claims arising from an employee's participation in VEBA or from any salary
reduction initiated by the City for VEBA contributions.
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 Biweekly General Leave
Allowance 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. Employees shall not be permitted to take general
leave in excess of actual time earned. Employees shall not accrue general leave in excess
of six hundred forty (640) hours. Employees may not use their general leave to advance
their separation date on retirement or other separation from employment.
3. Leave Benefit Entitlements
The City shall comply with all State and Federal leave benefit entitlement laws. An eligible
employee on an approved leave shall be allowed to use applicable earned Sick Leave,
General Leave, or Executive Leave for family or personal health issues. For more
information on employee leave options contact the Human Resources Department.
4. Conversion to Cash
a. Pay Off at Termination
An employee shall be paid for unused general leave upon termination of employment
at which time such terminating employee shall receive compensation at their current
salary rate for all unused, earned general leave to which they are entitled up to and
including the effective date of their termination.
b. Conversion to Cash
Two times during each fiscal year, each permanent employee shall have the option to
convert into a cash payment or deferred compensation up to a total of one hundred-
Exhibit"A"to Non-Associated Resolution No. 2016-50 11 771
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
twenty (120) general leave benefit hours per fiscal year. The employee shall give
payroll two (2) weeks advance notice of their decision to exercise such option.
c. One Week Minimum Vacation Requirement
The City Manager 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 beginning of the pay period prior to the employee's last day of
employment.
B. Holidays and Pay Provisions
1. 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 falling on Saturday shall be observed the
preceding Friday.
C. Sick Leave
1. Accrual
No employee shall accrue sick leave.
Exhibit"A"to Non-Associated Resolution No. 2016-50 12 772
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
2. Credit
Employees assigned to Non-Associated shall carry forward their sick leave balance and
shall no longer accrue sick leave credit.
3. Usage
Employees may use accrued sick leave for the same purposes for which it was used prior
to December 25, 1999. Sick leave shall not be used to extend absences due to work
related (industrial) injuries or illnesses, this provision shall be added to Personnel Rule
18.10.
4. Payoff at Termination
a. Non Associated employees with continuous service with the City since November 20,
1978, shall be entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by retirement,
employees shall be compensated at their then current rate of pay for seventy-five
percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty
percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a
maximum of seven hundred and twenty hours (720) of unused, accumulated sick
leave, except as provided in paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated at their then
current rate of pay for fifty percent (50%) of all unused accumulated sick leave, up to
a maximum of 720 hours of such accumulated sick leave.
b. Non-Associated employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary rate, for
twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and
for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours,
but not to exceed 720 hours, except as provided in paragraph V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non-Associated employee shall
be paid at termination for more than 720 hours of unused, accumulated sick lave.
However, employees may utilize accumulated sick leave on the basis of"last in, first
out," meaning that sick leave accumulated in excess of the maximum for payoff may
be utilized first for sick leave, as defined in Personnel Rule 18-8.
d. Non-Associated employees who had unused, accumulated sick leave in excess of
720 hours as of July 5, 1980, shall be compensated for such excess sick leave
remaining on termination under the formulas described in paragraphs V.C.5.a and b
above. In no event shall any employee be compensated upon termination for any
accumulated sick leave in excess of the "cap" established by this paragraph (i.e., 720
hours plus the amount over 720 hours existing on July 5, 1980). Employees may
continue to utilize sick leave accrued after that date in excess of such "cap" on a "last
in, first out" basis. To the extent that any such "capped" amount of excess sick leave
over 720 hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six
Exhibit"A"to Non-Associated Resolution No. 2016-50 13 773
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
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 4.
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
2. Employees hired on or after December 1, 2009, shall not be eligible for this benefit.
SECTION VII — MISCELLANEOUS
A. Collection of Payroll Overpayments
In the event that a payroll overpayment is discovered and verified, and considering all reasonable
factors including the length of time that the overpayment was made and if and when the employee
could have reasonably known about such overpayment, the City shall take action to collect from
the employee the amount of overpayment(s). Such collection shall be processed by payroll
deduction over a reasonable period of time considering the total amount of overpayment.
In the event the employee separates from employment during the collection period, the final
amount shall be deducted from the last payroll check of the employee. If applicable, the balance
due from the employee shall be communicated upon employment separation if the last payroll
check does not sufficiently cover the amount due the City.
It shall be the responsibility of the employee and the City to periodically monitor the accuracy of
compensation payments or reimbursements due to the possibility of a clerical oversight or error.
The City reserves the right to also collect compensation overpayments caused by or the result of
misinterpretation of a pay provision by non-authorized personnel. The interpretation of all pay
provisions shall be administered by the City Manager or designee and as adopted by the City
Council. Unauthorized compensation payments shall not constitute a past practice (1/03/05).
Exhibit"A"to Non-Associated Resolution No. 2016-50 14 774
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
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).
Exhibit"A"to Non-Associated Resolution No. 2016-50 15 775
NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE APRIL 01, 2019
Job No. Description Pay Starting Control High
Grade Point Point Point
EXECUTIVE MANAGEMENT
0591 ICity Manager I NA0591 NA NA 1 128.29
0029' *Interim City:Manager NA0029', 122.68'
DEPARTMENT HEADS
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0009 Director of Building &Safety NA0009 74.64 83.07 92.46
00 44 Director of Community Services NA0014 74.64 83.07 92.46
00 88 Director of Economic Development NA0008 74.64 83.07 92.46
0574 Director of Human Resources NA0574 74.64 83.07 92.46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80.82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
00 55 Fire Chief NA0015 85.82 95.51 106.31
0011 Police Chief NA0011 85.82 95.52 106.31
ELECTED OFFICIALS
0016 ICity Attorney NA0016 1 100.18 111.51 124.10
0017 ICity Clerk NA0017 69.94 77.85 86.66
ELECTED OFFICIALS PART-TIME
0018 1 City Treasurer- PART-TIME I NA0018 1 1 74.641 1 83.071 1 92.46
*Annual Salary Not to;Exceed$51,812,
CONTRACT NON-DEPARTMENT HEAD
Job No. Description Pay A B C D E
Grade
0593 Chief Assistant City Attorney NA0593 71.05 74.96 79.08 83.43 88.01
0699 Deputy Community Prosecutor NA0699 43.20 45.58 48.08 50.73 53.52
0840 Deputy Director of Community Dev NA0840 66.541 70.21 74.071 78.14 82.44
0650 Assistant Chief of Police NA0650 1 78.701 83.03 87.601 92.41 97.50
'Per Resolution 2019-21 adopted on 4/1/19 the compensation of Interim City Manager was established.
Exhibit"A"to Non-Associated Resolution No. 2016-50 16 776
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 2
RETIREE MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in an
amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous full
time City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement allowance
by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified downward
or cease during the lifetime of the retiree upon the occurrence of any one of the following:
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 reinstated at the time of his/her rehire in accordance with the City's Personnel Rules.
Employees hired on or after December 1, 2009 shall not be eligible for this benefit.
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. Marital Status — Married retirees eligible for benefits under the Retiree Medical
Subsidy Plan may each receive the benefit earned pursuant to Section 4 — Maximum
Exhibit"A"to Non-Associated Resolution No. 2016-50 17 777
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or
whether enrolled as a dependent on any City-sponsored medical plan.
a. In the case where a retiree is married to a City employee (active or retired)
who is not an unrepresented/non-associated employee or retiree, this
provision shall remain applicable.
b. This provision shall apply to State of California registered domestic partners
the same as married spouses.
4. 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 Subsidy
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
Exhibit"A"to Non-Associated Resolution No. 2016-50 18 778
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
MISCELLANEOUS PROVISIONS
A. Eligibility:
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 Human Resources 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. The Retiree Subsidy Medical Plan includes any medical plan offered by the City to
active and/or retired unrepresented/non-associated employees and retirees.
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. The Retiree Subsidy Medical Plan.
b. HMO.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Any other employee benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit
quarters of Social Security will receive Part A of Medicare at no cost. Those without
sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay
for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of
Medicare is paid for by the participant.
Exhibit"A"to Non-Associated Resolution No. 2016-50 19 779
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid
Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum
subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid 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," "Subsidies," and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-
payment of premium by means of a certified letter from Employee Benefits in
accordance with provisions of the Non-Associated 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.
Exhibit"A"to Non-Associated Resolution No. 2016-50 20 780
NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 3 - 9/80 WORK SCHEDULE
This work schedule is known as"9/80". The 9/80 work schedule is designed to be in compliance with
the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with
the current rules, practices and/or procedures regarding work schedules and leave plans, then the
rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two week
pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8)
hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA
work week. The 9/80 work schedule shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City Manager or designee.
A. Forty (40) Hour FLSA Work Week
The actual FLSA workweek is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.). No
employee working the 9/80 work schedule will be able to flex their Friday start time nor the
time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All
employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA
workweek is 12:00 noon Friday.
B. Two Week Pay Period
The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14)
days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine
(9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours
equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for
the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which
is charged to work week two).
C. A/B Schedules
To continue to provide service to the public every Friday, employees are to be divided
between two schedules, known as the "A" schedule and the "B" schedule, based upon the
departmental needs. For identification purposes, the "A" schedule shall be known as the
schedule with a day off on the Friday in the middle of the pay period, or, "off on payday", the
"B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on
payday". An example is listed below:
AM PM "ABM I - AM P1UI
M T W Th F F , 5_ S M s T, ouW f� r F, F
A Schedule 4 4 - - 9 9 9 9 - - - 9 9 9 9 4 4
9 9 9 9 4 4 - - 9 9 9 9 - -
Exhibit"A"to Non-Associated Resolution No. 2016-50 21 781
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
D. A/B Schedule Changes
FLSA exempt employees may change A/B schedules at the beginning of any pay period with
supervisor or City Manager approval.
E. Emergencies
All employees on the 9/80 work schedule are subject to be called to work any time to meet
any and all emergencies or unusual conditions which, in the opinion of the City Manager, or
designee may require such service from any of said employees.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours
of eligible leave per workday shall be charged against the employee's leave balance or eight (8)
hours shall be charged if the day off is a Friday. All leaves 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. Executive Leave —As stated in the Non-Associated Resolution.
4. Bereavement Leave —As stated in the Non-Associated Resolution.
5. Holidays -As stated in the Non-Associated Resolution.
6. Jury Duty—The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday,
or Sunday, or on a City holiday, then the jury duty shall be considered the same as having
occurred during the employees day off work, therefore, the employee will receive no added
compensation.
Exhibit"A"to Non-Associated Resolution No. 2016-50 22 782
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge employees
who have been approved leave time to either return to work, long-term disability, or medical
retirement. Permanent employees who accrue vacation, general leave or compensatory time
may donate such leave to another permanent employee when a catastrophic illness or injury
befalls that employee or because the employee is needed to care for a seriously ill family
member. The leave-sharing Leave Donation Program is Citywide across all departments and
is intended to provide an additional benefit. Nothing in this program is intended to change
current policy and practice for use and/or accrual of vacation, general, or sick leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the
employee or an employee's family member.
Family Member- For the purposes of this policy, the definition of family member is that defined
in the Family Medical Leave Act (child, parent, spouse or domestic partner).
3. Eligible Leave
Accrued compensatory, vacation or general leave hours may be donated. The minimum
donation an employee may make is two (2) hours and the maximum is forty (40) hours.
4. 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;
• Is not receiving disability benefits or Workers' Compensation payments; and
• Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the amount necessary
to ensure continuation of the employee's regular salary during the employee's period of
approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours
donated will be converted into a dollar amount based on the hourly wage of the donor. The
dollar amount will then be 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 a Leave Donation Form to the Finance
Department (payroll).
Exhibit"A"to Non-Associated Resolution No. 2016-50 23 783
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
All donation forms submitted to payroll will be date stamped and used in order received for
each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of
time from donors. Any donation form submitted that is not needed will be returned to the
donor.
6. Other
Please contact the Human Resources Department with questions regarding employee
participation in this program.
Exhibit"A"to Non-Associated Resolution No. 2016-50 24 784
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Voluntary Catastrophic Leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated vacation, general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT:
• A Leave of absence in relation to a catastrophic illness or injury has been approved by my
Department; and
• 1 am not receiving disability benefits or Workers' Compensation payments.
'Name: (Please Print or Type: Last, First, MI)
i
i
Work Phone: `Department:
Job Title: _ Employee ID#: m
I
__l
Requester Signature: =Date:
,Department Director Signature of Support: Date:
i
Human Resources Department�Use Only
RP �r � �,; I,
Entl donation date will bridge to: - �_ p End donation date: §,
a
Long Term Disability _ fir' E
r
Medical Retirement beginning `
g Length of FN1LA leave ending ;
Return to Work
In
uan Resources Director Signature m Date sgneci H m !.
g
„
Please submit this form to the Human Resources Office for processing.
Exhibit"A"to Non-Associated Resolution No. 2016-50 25 785
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
Work Phone:
.Donor Job Title:
i
--z__ . _ _ , __m_ ___ _ _ __.__
',Type of Accrued Leave: Number of Hours I wish to Donate:
❑ Vacation Hours of Vacation
❑ Compensatory Time Hours of Compensatory Time
❑ General Leave Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this donation
will remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
Eligible recipient employee's name (Last, First, Ml): �� � �
-Donor Signature: _ 3Date:
Please submit to the Finance Department.
Exhibit"A"to Non-Associated Resolution No. 2016-50 26 786
RE50 AIO. AOM-39
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE JUNE 01,2019
Job No. Description Pay Starting Control High
Grade Point Point Point
EXECUTIVE MANAGEMENT
0591 ICity Manager NA0591 NA NA 128.29
0029 Interim City Manager NA0029 NA NA 122.68
DEPARTMENT HEADS
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0009 Director of Building&Safety NA0009 74.64 83.07 92.46
0014 Director of Community Services NA0014 74.64 83.07 92.46
0008 Director of Economic Development NA0008 74.64 83.07 92.46
0574 Director of Human Resources NA0574 74.64 83.07 92.46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80.82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
0015 Fire Chief NA0015 85.82 95.51 106.31
0011 Police Chief NA0011 85.82 95.52 106.31
ELECTED OFFICIALS
0016 City Attorney NA0016 1 100.18 111.511 1 124.10
0017 City Clerk NA0017 69.941 1 77.851 1 86.66
ELECTED OFFICIALS PART-TIME
0018 *City Treasurer-PART-TIME I NA0018 1 1 69.941 1 77.851 1 86.66
CONTRACT NON-DEPARTMENT HEAD
Job No. Description Pay A B C D E
Grade
0593 **Chief Assistant City Attorney NA0593 74.64 78.75 83.07 87.64 92.46
0699 Deputy Community Prosecutor NA0699 43.20 45.58 48.08 50.73 53.52
0840 Deputy Director of Community Dev NA0840 66.54 70.21 74.07 78.14 82.44
0650 Assistant Chief of Police NA0650 78.70 83.03 87.60 92.41 97.50
0900 1***Assistant Chief Financial Officer I NA0900 1 1 66.54 70.21 74.071 78.141 82.44
*Per Resolution 2019-33 adopted on 5/20/19 the compensation of City Treasurer was modified.
**Per Resolution 2019-36 adopted on 5/20/19,the compensation for Chief Assistant City Attorney was modified.
***Per Resolution 2019-37 adopted on 5/20/19 the position of Assistant Chief Financial Officer was established.
Res. No. 2019-36
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on May 20, 2019 by the following vote:
AYES: Brenden, Semeta, Peterson, Posey, Hardy
NOES: None
ABSENT: Carr, Delgleize
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
RESOLUTION NO. 2019-35
A RESOUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING SALARY OF THE ELECTED CITY ATTORNEY
WHEREAS, the City Council of the City of Huntington Beach desires to modify the
salary of the Elected City Attorney upon adoption of this resolution;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. The Salary of the Elected City Attorney as reflected in the salary range
contained in the Non-Associated Executive Management Salary Schedule "Exhibit "A",
attached hereto and incorporated by this reference is increased to $117.63 per hour or
$244,671 annually.
SECTION 2. Any existing provisions in conflict with the for-goi_Rg, "D y l?-1i10"'Ite
action or resolution of the City Council, are hereby repealed.
SECTION 3. All other benefits and salary ranges established and reflected in the Non-
Associated Employees Pay and Benefits Resolution in effect, shall continue unless
modified by City Council action.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 20th day of May , 2019.
Mayor
REVIEWED AND APPROVED INITIATED AND-
,APPROVED
Ca'vl"
ity Manager City ttorney
APPROVED
l�
Ciit Attorney
19-7616/204089
RF-Sa[.uTionl N0. Z014)-35
EXHIBIT A
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE JUNE 01,2019
Job No. Description Pay Starting ControlI FHigh
Grade Point Point Point
EXECUTIVE MANAGEMENT
0591 I City Manager NA0591 NA
0029 Interim City Manager NA0029 NA :EMM
NA NA
DEPARTMENT HEADS
0592 Assistant City Manager NA0592
0009 Director of Building&Safety NA0009 85.82 95.51 106.32
0014 Director of Community Services NA0 114 74.64 83.07 92.46
0008 Director of Economic Development NA0008 74.64 83.07 92.46
0574 Director of Human Resources 74.64 83.07 92.46
NA0574 74.64 83.07 92.46
0479 Chief Information Officer NA0479
0007 Director of Library Services NA0007 69.94 77.85 86.46
0589 Community Development Director NA0589 69 94 77.85 00.13
0010 Director of Public Works 80.82 89.97 100.13
NA0010 gp•82 gg•g7 100.13
0518 Chief Financial Officer NA0518
H001 Fire Chief 80.82 89.97 100.13
NA0015 8582 95.51 106.31
Police Chief NA0011
85.82 95.52 106.31
ELECTED OFFICIALS
0016 IUItyAttorney NA0016
0017 jUltyClerk 100.18 111.51 EQ666
NA001
ELECTED OFFICIALS PART-TIME
0018 *City Treasurer-PART-TIME NA0018
69.94 77.85 86.66
CONTRACT NON-DEPARTMENT HEAD
Job No. Description Pay
Grade A B C D E
0593 **Chief Assistant City Attorney _NA
0593 74.64 78.75 83.07 87.64 92.46
0699 Deputy Community Prosecutor NA0699
52
0840 Deputy Director of Community Dev NA0840 43.20 70.21 74.08 78.14 82.44
66.54 70.21 74.07 78.14 82.44 0650 Assistant Chief of Police NA0650 78.70 83.03 87.60 92.41 97.50
0900 ***Assistant Chief Financial Officer NA0900
66.54 70.21 74.07 78.14 82.44
*Per Resolution 2019-33 adopted on 5/20/19 the compensation of City Treasurer was modified.
**Per Resolution 2019-36 adopted on 5J20/19,the compensation for Chief Assistant City Attorney was modified.
***Per Resolution 2019-37 adopted on 5/20/19 the position of Assistant Chief Financial Officer was established.
Res. No. 2019-35
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on May 20, 2019 by the following vote:
AYES: Brenden, Semeta, Peterson, Posey, Hardy
NOES: None
ABSENT: Carr, Delgleize
RECUSE: None
City Clerl and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
� 1 •
CI'T'Y ATTORNEY
PROPOSAL
May 20, 2019 City Council Meeting Agenda:
Administrative Item #38
CITY ATTORNEY PROPOSAL
3-Part Proposal:
1. "Succession Planning" - Approve creation of
another Chief Assistant City Attorney Position,
promote Senior Trial Counsel.
2. Approve the Proposed Amendment to the Salary of
Chief Assistant City Attorney Position.
3. Approve the Proposed Amendment to the Salary of
the City Attorney.
� 1 •
RECAP - NEW APPROACH/PHILOSOPHY
• Since elected to Office in 2014, Office of the City Attorney has undergone
dramatic and substantial change.
• Ushered in a private sector approach to our work and legal representation,
to operations within the department, and overall effectiveness.
• Placed new emphasis on high quality Attorney Work Product,hard work, and
great results, e.g., "if we cannot frame it,put it on a wall and be proud of it, it
does not leave the office."
• Placed new emphasis on taking cases to trial,not settling.
• Placed new emphasis with doing much more, with far less.
• The Office is now very organized,processes are streamlined,productivity is
way up, and morale is much higher-and the results prove it!
RECAP - REORGANIZATION TO DATE
In 2014, the City Attorney's Office
• Had 14 full-time, part-time staff members
• Had no Prosecutor, Office did not prosecute crimes
• Outsourced much of its civil defense legal work to outside firms
Since 2014, Significant Changes to the Organization/Office
• Cut/Down to 11 full-time staff members,which includes adding Prosecutor
• Did not Refill Positions that were not absolutely necessary (4, +1, total)
• Promoted one Legal Assistant to Senior Legal Assistant
• Upgraded one Senior Deputy to Senior Trial Counsel (new) Classification
• Added an entirely new Community Prosecutor Program
• Office now handling nearly-all civil defense legal work in-house
� 1 •
RECAP - INCREASED PRODUCTIVITY
• High Quality Work Product -"if we cannot frame it, put it on a
wall and be proud of it, it does not leave the office."
• Efficiency, Reduced Delivery Times - the time to conduct legal
research and produce legal opinions/reviews now at an average
of 2.5 weeks, down from 3 months turnaround back in 2014.
• Longer Hours - Higher level attorneys now work an average of
50-60 hrs/wk, not including substantially more hours for trials.
• More Productive Weeks - Ended furlough Fridays, now work 5
days/wk every week; No more automatic "overtime."
RECAP - INCREASED EFFECTIVENESS
• Added Community Prosecutor Program- 2017, added in-house Prosecutor
to file criminal cases from arrests by our HBPD. Prosecutor handling over
300 cases at a time, obtaining great results and addressing the crimes that
impact quality of life to our businesses and residents.
','-`,-*This month,won the ACCOC Golden Hub Award for Innovation.
• Upgraded a Senior Deputy to Senior Trial Counsel -2017, to meet the
increasing demands for high level trial skill/experience in handling high
profile complex cases, such as multiple $20MM police shooting cases,
complex contract disputes, personal injury cases, etc. Hired Brian Williams.
• Added Robust Externship Program- Each Summer,Fall, and Spring Term,
our office has 3-4 law school interns- developed great relationships with
UCI Law School, Chapman Law School, UCLA Law School, and Pepperdine
Law School.
1 1 •
RECAP - INCREASED EFFECTIVENESS
• Case Load Results - Since 2014, closed out cases at a faster pace, i.e., over
past 4 years, closed 88 active and high profile lawsuits with plaintiffs'
demands totaling millions of dollars.
• Substantial Progress- in shutting down illegal businesses
• Lawsuit Results- have won many difficult and high profile cases including
those protecting the rights of our City Council to exercise local control
over the community and make decisions for the City with regard to
Municipal Affairs, e.g., Defending the City's:
1. Charter/Constitutional authority over our Police Department,
2. Charter/Constitutional authority to plan/zone,
3. Charter/Constitutional authority to hold at-large elections,etc.
-Office is currently better than any private sector law firm of the same size*
SENIOR TRIAL COUNSEL
The Upgraded Senior Trial Counsel Position-Added Brian Williams...
• Past experience includes representing the OCSD, over 20 jury trials, held
in high esteem by attorney peers and by State and Federal judges.
• Increasingly Prominent Role in our Office.
• Managing 2-3 other Associate Litigators, and oversees Prosecutor.
• Taking complex and high profile cases to trial,State and Federal.
• Approximately 3-5 lengthy trials each year.
• Routinely working 60+ hours each week, at least 90 hours each week when
preparing for, and trying, cases. This includes late nights and weekends.
• Has not had any pay increase since hire in February 2017 ($14,400/month);
no bonuses; no overtime pay.
1 1 •
PART 1 OF PROPOSAL
To promote the Senior Trial Counsel to
classification of Chief Assistant City Attorney
ORG CHART & RECLASSIFICATION
Currently Proposed Amendment
City Attorney City Attorney
Chief Assistant City Attorney Chief Assistant Chief Assistant
City Attorney City Attorney
Senior Trial
Counsel v.. Associate Associate Community
Researcher Litigator Prosecutor
Associate Associate Community
Researcher Litigator Prosecutor Associate Associate
Researcher Litigator
Associate Associate —
Researcher Litigator Senior Legal
Assistant
Senior Legal
Assistant Legal Assistant Legal Assistant
Legal Assistant Legal Assistant
1 � •
PART 2 OF PROPOSAL
To Amend the Salary/Compensation of the
Chief Assistant City Attorney Position
PROPOSED SALARY & COMPARISON
CHIEF ASSISTANT CITY ATTORNEY
Proposed New Salary: range $12,938.02 to $16,026.40/month
Rank Chief Assistant City Attorney Monthly Base Salary Maximum
1 City of Palo Alto(11)(68k) $21,132.80
2 City of Glendale(11)(200k) $19,151.83
3 City of Oakland(27)(425k) $18,723.00
4 City of Pasadena (138k) $18,128.97
5 City of Burbank(24)(104k) $17,920.59
6 City of Anaheim (26)(350k) $17,721.00
7 City of Riverside(325k) $16,589.00
8 City of Santa Rosa (15)(175k) $16,251.17
9 City of San Bernardino(15)(216k) $16,112.00
10 City of Santa Ana(14)(330k) $16,091.00
City of Huntington Bch NEW $16,026.40 ($771.33 increase)
11 City of Huntington Bch(11)(200k) $15,255.07
Comparison:Study Conducted by COH8 Human Resources
1 1 •
PART 3 OF PROPOSAL
To Amend the Salary/Compensation
of the City Attorney
PROPOSED SALARY & COMPARISON
CITY ATTORNEY
Proposed New: $117.63/hour or$244,671.00/annum
Rank City Attorney Annual Salary
1 City of Santa Monica(25)(92k) $317,808
2 City of Anaheim(26)(350k) $271,675
3 City of Redondo Beach(11)(68k) $270,180
4 City of Santa Ana (14)(330k) $270,000
5 City of Long Beach (28)(470k) $268,194
6 City of Glendale(11)(200k) $245,312
7 City of Newport Beach (5)(86k) $245,500
City of Huntington Bch NEW $244 671 1
8 City of Huntington Bch(11)(200k) $219,825
When elected in 2014, 1 was asked to recommend a salary to propose to the City Council
for approval at the December 2014 Council Meeting. Because 1 was newly elected, 1 requested
that my salary be set to an amount less than the($227,386)salary of my predecessor.
BUDGET IMPACT OF PROPOSALS
Worked with the City Manager's Office and the Finance Department. After Budget Analysis
by Finance Department,determined that there is no budget impact to the City Attorney's
Office budget with aforementioned proposals-2019/20 Budget,including 1% reduction
FY 2019/20
Expenditure Obiect Account Pro used
City Attorney
PERSONNEL SERVICES
Salaries,Permanent 1,S31,13
Salaries.TemporarV
Salaries,Ovciumc
Leave Pay Outs
Benefits 901 35 2019/20 Budget down
PERSONNEL SERVICES 2,432,49
OPERATING EXPENSES from last year at
E ui mentandSu lies 2400 $2,625,866
I airs and Maintenance
Conferences and Traminq 250
Professional Services 117,86
Other Contract Services 22,45
Rental Expense
Ex enso Allowances 18,00
Other Ex enses
OPERATING EXPENSES 184.81
EXPENDITURES
otal 2,617,309
BUDGET IMPACT OF PROPOSALS
Worked with the City Manager's Office and the Finance Department. After Budget Analysis
by Finance Department,determined that there is no budget impact to the City Attorney's
Office budget with aforementioned proposals-2019/20 Budget,including 1% reduction
FY 2019/20
Expenditure Object Account Proposed
City Attorney
PERSONNEL SERVICES
Salaries.Permanent 1,531,13
Salaries Tem ora
Salaries Overtime
Leave Pa Outs
Benefits 901,356
PERSONNEL SERVICES 2,432.492
OPERATING EXPENSES
Equipment and Supplies 24,00
Re airs and Maintenance
Conferences and Training 2,50 14
Professional Services 117 86
2019/20 Budget Other Contract Services 2245
g Rental Ex ense
down from last Ex ense Allowances 18,00
Other Expenses
year at $2,625,866 OPERATING EXPENSES 189817
EXPENDITURES
otal—includin I red— 1 2 617 309
1 � •
CITY ATTORNEY PROPOSAL
3-Part Proposal:
1. Approve creation of another Chief Assistant City
Attorney Position, promote Senior Trial Counsel.
2. Approve the Proposed Amendment to the Salary of
Chief Assistant City Attorney Position.
3. Approve the Proposed Amendment to the Salary of
the City Attorney.
Proposals do not increase the bottom line of the City
Attorney Office Budget.
CITY ATTORNEY PROPOSAL
May 20, 2019 Agenda:
Administrative Item #38
QUESTIONS