14. City Attorney bargaining groupOFFICE OF THE CITY MANAGER
CUPERTINO
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) i77-3212 • FAX: (408) 777-3366
SUMMARY
Agenda Item No.
SUBJECT AND ISS
Meeting Date: January 19, 2010_,
Adopt resolutions establishing a separate City Attorney bargaining group.
BACKGROUND
The City contacted Ca1PERS for direction regarding standard form implementing resolutions for
purposes of implementing Resolution 09-194 establishing a separate City Attorney bargaining
group including all attorney positions in the City Attorney's Office. Resolution 09-194 sought to
duplicate medical benefits program vesting requirements as currently provided to other City
employees, except the five year requirement of Cupertino service would be deemed satisfied for any
employee who has at least twenty-five years of Ca1PERS service with local government. The
purpose of that vesting exception was to attract attorneys with significant experience in local
government. Ca1PERS has informed the City th~.t the two options are to either implement the
existing plan which requires 10 to 20 years of Ca1PERS service and 5 years of Cupertino service or
the option under Government Code Section 22852 whereby the City states the dollar amount it will
contribute for the cost of health benefits plan enr~~llment. Under this option, there are no vesting
requirements. Only this option works to implement the terms and conditions of the City Attorney
Employment Contract adopted by the City Council on October 21, 2009.
Two Resolutions are attached as well as a red-lined version to clearly show the changes. The first
Resolution amends Resolution No. 07-069 and re;peals Resolution No. 09-194 so that they comply
with CaIPERS requirements. The second resolution is the CaIPERS implementing resolution which
was drafted and approved by Ca1PERS.
RECOMMENDATION
Adopt the attached Resolutions which implement the health benefits plan terms and conditions for
the City Attorney bargaining group.
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January 11, 2010
Approved for submission:
C~~
David W. Knapp
City Manager
Attachments: A-Proposed new City resolution No. 10- t;1 C
B-Red-lined City resolution No. 09-194
C - PERS Resolution
Page 2
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Attachment A
RESOLUTION NO. 10- U10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION NO. 07-069, UNREPRESENTED EMPLOYEES
COMPENSATION PROGRAM, REPF,ALING RESOLUTION NO. 09-194 AND
ESTABLISHING THE CITY ATTORNEY'S BARGAINING GROUP
WHEREAS, attorney positions are currently in the City of Cupertino Resolution 07-069,
Unrepresented Employees Compensation Program.
WHEREAS, a potential conflict of interest can be avoided by creating a separate
bargaining group for the attorney positions in the (:ity Attorney's office.
WHEREAS, the positions of City Attorney, Assistant City Attorney and Deputy City
Attorney will be moved to the new City Attorney €;roup.
WHEREAS, the City Council and Carol K~~rade have entered into an Employment
Contract establishing the terms and conditions of her employment as City Attorney for the City
of Cupertino.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. The City Attorney Group is hereby created and includes the positions of City Attorney,
Assistant City Attorney and Deputy City Attorney,
2. Resolution 07-069 is hereby amended to reallocate the classifications of City Attorney,
Assistant City Attorney and Deputy City Attorney to the City Attorney Group.
3. The salary and benefits of the members of the City Attorney Group are set forth as
follows:
a. Unless herein specified otherwise, the members of the City Attorney Group are
entitled to the benefits set forth in the Unrepresented Employees Compensation
Program.
b. The terms and conditions set forth in the Employment Contract, adopted by the
City Council on October 21, 2009 and any amendments thereto, by and between
the City of Cupertino and Carol Korade shall be given full force and effect and
are incorporated herein by this reference.
The medical benefits program for tl~e City Attorney Group shall be established
pursuant to Government Code secti~~n 22892, and the City Manager is directed to
begin the amendment process with the Ca1PERS Health Plan for members of the
Unit.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 19th day of January, 2010, by the following vote:
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Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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Attachment B
RESOLUTION NO. 1(-- U I~~ -~-w--~~-+
A RESOLUTION OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION NO. 07-069 :UNREPRESENTED EMPLOYEES
COMPENSATION PROGRAM, kl_t'1__L_1\i~ 1<L.~t_;t i _i~_~_~_~.~~ ,r;'_, + AND
ESTABLISHII~TG THE CITY ATTORNEY'S B.~kG:~I'~I_\G GROUP
WHEREAS, attorney positions are curremly in the City of Cupertino Resolution 07-069,
Unrepresented Employees Compensation Program.
WHEREAS, a potential conflict of interes~: can be avoided by creating a separate
bargaining group for the attorney positions in the City Attorney's office.
WHEREAS, the positions of City Attorne.~. Assistant City Attorney and Deputy City
Attorney will be moved to the ne«~ City Attorney Group.
WHEREAS, the City Council and Carol Korade have entered into an Employment
Contract establishing the terms and conditions of lel• employment as City Attorney for the City
of Cupertino.
NOW, THEREFORE, 1T IS HEREBY RESOLVED AS FOLLO«~S:
1. The City Attorney Group is hereby created and includes the positions of City Attorney.
Assistant City Attorney and Deputy City Attorne}'.
2. Resolution 07-069 is hereby amended to reallocate the classifications of City Attorney.
Assistant City Attorney and Deputy City Attorney to the City Attorney Group.
3. The salary and benefits of the members of the City Attorney Group are set forth as
follows:
a. Unless herein specified otherwise, the members of the City Attorney Group are
entitled to the benefits set forth in the Unrepresented Employees Compensation
Program.
b. The terms and conditions set forth in the Employment Contract, adopted by the
City Council on October 21, 2009 and any amendments thereto, by and bet«~een
the City of Cupertino and Carol Korade. shall be given full force and effect and
are incorporated herein by this reference.
c. The medical benefits program for the City Attorney Group shall be established
pursuant to Government Code sect on 22892, and the City Manager is directed to
begin the amendment process with the Ca1PERS Health Plan for members of the
r rr •i-T~L'^t c ~?~: ? c yT. .: ~ a : 1 _ - . +':.. `~ _ c~ ~ T -=rrt - isz~ ~~ : ~ ~ ~-,=:;-. ~ ~ 7.,
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PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this lyth u~~~__:~; J.~nuur~._'U1~_1__ _ ~ -~, by the
following vote:
Vote Members of the City Council
APES: .. , , .._ ~ .... - . .. - -
NOES: ~~
ABSENT: r
ABSTAIN:
ATTEST: APPROVED:
City Clerk
Ma}'or, City of Cupertino
~_
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RESOLUTION ELECTING TO BE SUBJECT TO ~ ~~;,~ ~~l ~
PUBLIC EMPLOYEES' MEDICAL. AND HOSPITAL CARE ACT
ANC-
FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT AT OR GREATER
THAN THAT PRESCRIBED BY SECTION 22892(b)(1) OF THE GOVERNMENT CODE
WHEREAS, (1) Government Code Section 22922(a) provides the benefits of the Public
Employees' Medical and Hospital Care Act to employees and annuitants
of local agencies contracting with the Public Employees' Retirement
System on proper application by a local agency; and
WHEREAS, (2) Section 22892(a) of the Act ~~rovides that a local contracting agency shall
fix the amount of the employer's contribution; and
WHEREAS, (3) City of Cupertino, hereinafter referred to as Public Agency, is a local
agency contracting with the Public Employees' Retirement System; and
WHEREAS, (4) The Public Agency desires to obtain for its employees and annuitants the
benefit of the Act and to accept the liabilities and obligations of an
employer under the Act and FZegulations; now, therefore, be it
RESOLVED, (a) That the Public Agency elect, and it does hereby elect, to be subject to the
provisions of the Act; and be it further
RESOLVED, (b) That the employer's contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan or plans up to
a maximum of:
Contribution
Code Bargaining Unit Per Month
005 City Attorney Group $702.00 Employee;
$762.00 Employee +1;
$802.00 Employee +2
And that the contributions for employees and annuitants shall be in
addition to those amounts contributed by the Public Agency for
administrative fees and to the Contingency Reserve Fund; and be it
further
RESOLVED, (c) That City of Cupertino has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (d) That the executive body appcint and direct, and it does hereby appoint
and direct, Carol Atwood to file with the Board of Administration of the
Public Employees' Retirement System a verified copy of this Resolution,
and to perform on behalf of s~~id Public Agency all functions required of it
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NEW PERS ALL GROUP EQUAL Revision July 2009
under the Act and Regulations of the Board of Administration; and be it
further
RESOLVED, (e)
That coverage under the Act be effective on March 1, 2010.
Adopted at a regular/special meeting of the
at
20
Signed:
Attest:
this day of
(President, Chairman, etc.)
(Secretary or appropriate officer)
NEW PERS ALL GROUP EQUAL Revision July 2009