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CC Resolution No. 5333 _ ~ ~ ~ ~ RESOLUTION N0. 5333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO INITIATING THE CONFIDENTIAL COMPENSATION PROGRAM WHEREAS, the City Council desires to modify the salary schedule for eligible persons under the Confidential Compensation Program; and WHEREAS, the Ci[y Council deaires [o increase the City's contribution toward group hospital and medicnl insurance [o $115.00 per month per eligible employee; and 4THEREAS, the City Council desires [o implement a personalized compensa- tion program for all eligible employees; and WHERFI~S, the City Council desires to increase the life insurance benefit ' to $25,000 for all eligible employees; NOW, THEREFORE, BE IT RESOLVED that the Confidential Compensation Program be adop[ed as shown in Attachment "A" which is incorporated in [his resolution by this reference. PASSID AND ADOPTED at a regular mee[ing of the Ci[y Council of the City of Cupertino this ~rd day of .t~ne , 1980 by [he following vote: Vote Members of [he City Council i AYES: Gat[o, Plungy, Sparks, Rogers I NOES: None ABSENT: None ~ I ABSTAIN: None ~ APPROVID : or, City of Cupert ATTEST: O~'ss~.+lt.~f.µr City erk ~ ~ City of Cupertino • CONFIDENTIAL COMPENSATION i'ROGRAM ~ Policy No. 1 . ~ ~ PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions nereinafter defined and designated as confidential shall be eligible for participation under the Confidential Compensation Program as hereby adop[ed by ac[ion of the City Council and as same may be amended or as otherwise modified from time [o time. It is the stated purpose of tl~is Confidential Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and o[t~er conditions of employmen[ through negotia[ion. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognitiom m~y be given. Eligibility for inclusion within tliis Confidential Compensation Program is limited to persons holding positions as confidential em- ployees. These are as designated by tlie Appointing Authority and may be modified as circumstances warran[. As defined under Section 2.52.290 of the Cupertino Municipal Code, a con- fidentlal employee is an employee who 1s privy to decisians of City management affecting employer-employee zelations. Although subject to change in nccordance with provision of the Personnel Code, the following posi[ions have been designaced as confidential positions: 210-008-01 Shields, J. Secretary to City Manager 220-709-01 Reasoner, M. Peraonnel Technician 220-007-01 Sontag, C. Secretary 230-009-01 Wolfe, R. Senior Clerk Stenographer (1/2 time) 410-007-01 Mattison, M. Secretary 510-007-01 Crissman, M. Secretary 520-007-01 Murakami, H. Secretary 710-007-01 Martin, S. Secretary 230-005-01 Campagna- Blaise, L. Deputy City Clerk 710-010-02 Orrock, J. 5enior Clerk Typist (Corp. Yard) Adopted by Action of the City Council June 23, 1980 ~ ~ ~ . City of Cupertino ' CONFIDENTIAL COMPENSATION PROGRAM ~ Policy No. 3 , " AUTOMOBILE ALLOWANCES AND DIILEAGE REIMIIURSEI(ENTS It is City of Cupertino policy that eligible persons under the Confidential Compensation Program shall be compensated fairly for the use of personal auto- motlve vehicles on City business. In many instances the use of personal vehicles is a condition of employmen[ due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason the following policies shall apply for automobile allowances and mileage reimburse- ments. Those persons who occasionally are required to use their personal auto- mobiles Eor Ci[y business shall be reimbursed for such use a[ an appropriate rate established by [he City Council. Submission of a reimbursement request must be approved by the department head. Those~persons who are tequired to use their personal vehicles for City business on a recurring and often basis shall, with the approval of the City Ftanager, be reimbursed at the ra[e of fifty dollars ($50.00) per month for a given number of miles to be determined by a schedule adopted by the Ci[y Council and at the es[ablished rate per mile; provided, however, that a record of all mileage for the use of personal automobiles on City business shall be filed as a prerequisite to any such reimbursement on forms provided. While recognition is given tha[ similar or modified automobile allowance and mileage reimbursemen[ schedules may be applicable to employees not eli- gible under the Confidential Compensa[ion Program, i[s inclusion as a policy under said Program is for completeness of record. Adop[ed by Action of the City Council June 23~ 1980 ~ ~ City of Cupertino , , CONFIDENTIAL COMPENSATION PROGRAM ' Policy No. 4 ~ COMPENSATORY TIME OFF ~ I[ is City of Cupertino policy that eligible persons under the Confiden- tial Compensa[ion Program shall be entitled to compensatory time off in like amount for such time worked in excess of wha[ otherwise migh[ be considered as a normal workday or work week for other employees. Such "overtime" worked or canpensatory time taken off shall not be recorded for attendance or pay- roll purposes. Individuals occupying conffdential posi~ions are employed to perform ~ specific functions. In many cases the fulfillmen[ of a given function requires • effort without regard to regular working hours. Of[en these additional require- j men[s are cyclical and provide later opportunities for some relief from the extended work efforts. At such times when it is possible to do so, it is ex- pected tha[ [he affec[ed person and his supervisor mutually will agree as [o when compensatory time off vill be tuken. ' IC is the stated purpose of this policy to provide some periods of time for eligible employees to relax and become disassociated from the stresses of work and, in part, to offer recognition for the demands of required bu[ unrecorded "overtime". Adopted by Action of the Cicy Council June 23, 1980 I ~ ~ i City of Cuper[ino • , CONFIDENTIAL COMPENSATION PROGRAM Policy No. i . ~ ~ PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY I It is City of Cupertino policy that those cer[ain persons holding positions nereinafter defined and designated as confidential shall be eligible for participation under the Confidential Compensation Program as hereby adopted by action of the City Council and as same may be amended I or as otherwiae modified from time to time. ! It is the stated purpose of tliis Confidential Compensation Program to give recognition to and to differentiate [hose eligible employees from , represented employees who achieve economic gain and otl~er conditions of employmen[ through negotiation. It is the intent that through [his policy , and [hose which are adopted or as may be modified or rescinded from [ime to [ime such recognition may be given. ~ Eligibili[y for inclusion within this Confidential Compensation Program ' is limited to persons holding posi[ions as confidential em- ' ployees. These are as desisnated by tlie Appointing Authori[y and may be modified as circumstances varrant. As defined under Sec[ion 2.52.290 of the Cupertino Municipal Code, a con- ' fidential employee is an employee who is privy to decisions of City management affecting employer-employee relations. Although sub~ect to change in accordance with provision of the Personnel I Code, the following positions have been designated as confidential positions: 210-008-01 Shields, J. Secretary to City Manager 220-709-01 Reasoner, M. Personnel Technician ' 220-007-01 Sontag, C. Secretary ' 230-009-01 Wolfe, R. Senior Clerk Stenographer ; (1/2 time) 410-007-01 Mattison, M. Secretary 510-007-01 Criasman, M. Secretary 520-007-01 Murakami, H. Secretary 710-007-01 Martin, S. Secretary 230-005-01 Campagna- ' Blaise, L. Deputy City Clerk 710-010-02 Orrock, J. Senior Clerk Typist ' (Corp. Yard) Adopted by Action of the City Council June 23, 1980 ~ ~ City of Cupertino ~ ~ONFIDENTIAL COMPENSATION PROGRAM , Policy No. 2 ' SCHEDULES OF PAY GRADES i AND OTHER SALARY RATES ~ It is City of Cupertino policy that eligible persons under the Confiden- tial Compensation Program ahall be compensated for sezvices rendered to and on behalf of the City on [he basis of equitability of pay for duties and responsibilities assigned, meritorious aervice and comparability with similar work in other public and private employment in the same labor market; all of wnich is conringent upon the Ci[y's ability to pay consistent with i[s fiscal policies. As rates of pay and schedules of pay grades developed through meet and confer processes are aubject to the underlying provisions of the Pay Plan for administration purposes so are those rates of pay and scl~edule of pay grades included herein as a part of this Confidential Compensation ' Program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Pzogram for completeness of record. Adopted by Action of the City Council June 23, 1980 ~ ~ . City of Cupertino ' CONFIDENTIAL COMPENSATION PROGRAM Policy No. 3 . ' AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSII~(ENTS It is City of Cupertino policy that eligible persons under [he Confidential Compensation Program shall be compensated fairly for the use of personal au[o- motive vehiclea on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general traasportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason [he following policies shall apply for automobile allowances and milease reimburse- ments. Those persons who occasionally are required to use their personal auto- mobiles for City business shall be reimbursed for such use a[ an appropriate rate escablished by the City Council. Submission of a reimbursement request must be approved by the department head. Those~persons who are tequired to use their personal vehicles for City business on a recurring and often basis shall, with the approval of [he City Manager, be reimbursed at the ra[e of fifty dollars ($50.00) per month for a given number of miles [o be determined by a schedule adop[ed by the City Council and at the es[ablished rate per mile; provided, however, that a record of all mileage for the use of personal automobiles on City business shall be filed as a prerequisi[e to any such reimbursement on forms provided. While recognition is given [hat similar or modified automobile allowance and mileage reimbursement schedules may be applicable to employees not eli- gible under the Confidential Compensa[ion Program, its inclusion as a policy under said Program is for completeness of record. Adopted by Action of the City Council June 23, 1980 ~ ~ Schedule for Vehicle Mileage Reimbursement , Consianer Price Index Vehicle Cost No. of Miles/Month ' Private Transportation Per Mile for $50 Reimbursement ~ 170.4 15.7C 300 ' 173.6 16.0 300 179.1 16.5 300 184.5 17.0 300 190.0 17.5 300 i 195.3 18.0 275 I 200.7 18.5 250 206.2 19.0 250. 211.6 19.5 250 ' 217.1 20.0 250 221.5 20.5 225 228.0 21.0 225 233.3 21.5 225 238.7 ' 22.0 225 244.2 22.5 200 249.6 23.0 200 255.1 23.5 200 260.5 24.0 200 266.0 24.5 200 271.3 25.0 200 ~ ~ City of Cupertino , CONFIDENTIAL COMPENSATION PROGRAM ' Policy No. 4 COMPENSATORY TIME OFF It is City of Cupertino policy that eligible persons under the Confiden- tial Compensation Program shall be entitled to compensatory time off in like amount for such time worked in excess of what otherwise might be considered as a normal workday or vork week for other employees. Such "overtime" worked or canpensatory time taken off shall not be recorded for attendance or pay- roll purposes. Individuals occupying confidential posi~ions are employed to perform specific functions. In many cases the fulfillmen[ of a given function requires effort without regard to regular working hours. Often [hese additional require- ments are cyclical and provide later opportunities for some relief from the extended work efforts. At such times when it is possible to do so, i[ is ex- pected that the affec[ed person and his supervisor mutually will agree as [o when compensatory time off will be taken. ~ I[ is the stated purpose of [his policy [o provide some periods of time for eligible employees to relax and become disassocia[ed from the stresses of work and. in part, to offer recognition for the demands of required but unrecorded "over[ime". Adopted by Action of the City Council June 23, 1980 ~ ~ ' City of Cupertino CONFIDENTIAL COMPENSATION PROGRAM , Policy No. 5 ' HEALTH BENEFIT PLANS - EMPLOYER CONTRIBUTION ~ It is the policy of the City of Cupertino to pzovide group hospital and medical insurance under which employees in Confidential positions and their dependents may be covered. The purpose of this pro- gram is to promote and preserve the health of employeea and their families through comprehensive health plans available only tbrougii employer spon- sorship. Although the premium cost for the insurance provided remnins the ultimate ~ responsibility of the employee in a Confidential position, the I City shall contribute an amount of $115.00 per employee per mon[h towards I the premium or pay the full cost of the premium if less than tiiis amount. If premium amounts for any employee covered by this policy are less than $115.00 per month, the difference between the premium amount and $115.00 will be contribu[ed by the Ci[y [o a deferred compensation account in the ~i employee~s name in accordance with Policy No. 9 of this plan and the regula- [ions of the compensation deferment program of the City. Enrollment in [he plan or plans made available pursuant to this policy sliall be in accordance , with Personnel Rules of the City and the provisions of the contract for auch ! insurance between Che City and carrier or carriers. Adopted by Action , of the City Council June 23, 1980 ~ ~ City of Cupertino , CONFIDENTIAL COMPENSATION PROCRAt~f ' Policy t~o. 6 , ~ FLEXIBLE HOLIDAYS I[ is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City withou[ loss of pay or benefits. Recognizing the desirable continuance of municipal services by confidential employees reaulting fran scheduling of occasional holidays at variable times throughout the year, i[ is the policy of the City of Cupertino to provide days off in lieu of holidays for confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of ti~e City. Employees occupying confidential positions shall be provided two days per calendar year as a non-work day with full pay and benefits in addition to those holidays set forth in Section 8.1 of the Rules on Conditions of Fm- ployment. .For payroll purposes, each such in-lieu-of day off shall be re- corded as a holiday. Adopted by Action of the City Council June 23, 1980 ~ ~ ~ I ~ ~ City of Cuper[ino . ~ CONFIDENTIAL COMPENSATION PROGRAM ~ ' Policy No. 7 . • LIFE AND LONG-TERM DISABILITY INSURANCE 't It is the policy of the City of Cupertino to make available group insurance for Confidential employeea that will mitigate the personal and family financial hardships resulting from continuing disability tha[ prevents an employee from performing gainfully in his or her occupation. I It is further the policy of the City of Cupertino [o provide life insurance , benefits in an amount of $25,000 for confiden[ial employees. I ~ Employees occupying Confidential positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost;of premiums for these lnsurances shall be paid by the City for such employees. I ( Adopted by Ac[ian ~ of the Ci[y Council June 23, 19$0 ~ ~ 1 i i ~ I i ~ ~ City of Cupertino . CONFIDENTIAL COFiPENSATJON PROGRAt~t Policy No. 8 PERSONALIZED COMPENSATION Recognizing [he individual preferences and uniqueness of each employee covered by the Confidentiul Compensation Program, it is the policy of the City of Cupertino to provide a certain sum per month that may be applied to the ctedit of eligible employees in the form and mannez preferred by each employee. This program of personalized and flexible compensation results from the need to main[ain parity with the compe[itive labor marke[ and to assure [ha[ internal pay relationships are no[ distorted between management employees nnd employees bargaining over conditions of employment, while recognizing the advantages of [ailoring compensation [o the varie[y of individual circums[ance. Each employee designated as confidential by the Appointing Authority shall receive payment or equivalent direct compensation for services performed'in the amoun[ of fif[y dollars ($50.00) per mon[h, which shall be provided in [hat form and manner selected by each employee which is consistent with [he legal restraincs placed upon the City, the administrative limi[ations of the personnel program and the administrative rules and guidelines set forth by the City Manager [o administer this policy. The compensation provided through this policy is not intended to substitute for the base monthly salnry provided by the pay plan, but as a supplemental benefit comprising a portion of [he total compensation. It may be u[ilized to supplement City contributions toward City- sponsored benefit plans, to provide ndditional training or development of principal benefit to the individual, or in such ocher combina[ions of the fore- going or other varie[ies of compensation, including direc[ paymen[ after with- holdings, as best serves each Confidential employee's circumstance. All expendi[ures and transactions made pursuant to this policy are sub,ject to the prior approval of the City tlanager or his designated representative. Adopted by Action of the City Council June 23, 1980 ~ ~ City of Cupertino CONFIDENTIAL COMPENSATION PROGRAM Procedural and Adminis[ra[ive Supplement to Policy No. 8 • Personalized Compensation The following procedural and administrative rules and regula[ions are those under which the program of personalized compensation will be admin- istered. In the event that further clarification is needed as to the inten[ of the program or tha[ some modificct[ion is required in these rules and regula- tions such shall be as set forth in writing by either [he Appointing Authority (City Manager) or the Peraonnel Officer. 1. The payment or equivalent direct compensa[ion for services performed (allowance) under Policy No. 8 is effective with the month of July, 1980. For each succeeding month, [he referred to allowance will be credited to the account of each eligible managemen[ employee on the first of each month of assure proper disbursement as required during that month. 2. Said monthly allowances will be disbursed on authorization of the City's personnel office only after having received from the employee a written designation as to [he mann¢r of disbursement. Such written designations shall have the approval of the City Manager and the Personnel Officer to be valid. 3. Written designations as to the manner of disbursement of allowances may be changed or modified from time to time; providing, however, that a completely new designation shall be prepared and filed ahenever any change or modifica[ion is made. This should not be more often than once each quar[er. 4. All written designa[ions shall be on forms provided by the personnel office for that purpose. 5. Allowances, whether in whole amounts or unused portions, may be accumulated from month [o monch but vill be disbursed as a direct cash payment upon request and au[omatically during the month of December so as to clear all such credits prior to the end of the calendar year. 6. Direct cash payments will be subject to normal payroll vith- holdings. For other than direct cash payments, any question of tax liability is a matter between [he employee and the appropriate agency. 7. A1l direct cash payments made under tl~is Policy No. g will be by check which is processed separately from normal payroll - activities. ~ ~ 8. The accoun[ing for all records [o be maintained under this . Policy No. 8 shall be performed by the personnel office in ' such manner as to provide a detailed s[atus report to each employee of his account as of June 20 and December 31 of each • year. 9. Surmnaries of status reports referred to nbove shall be public record and provided to members of the City Council and to other interested persons on request. Specific designations by individual employees are not public records and shall remain us a par[ of the confidential personnel record. 10. All disbursements made under this Policy No. g shall be to the ' employee or to a designated third par[y pursuant to a City sponsored program. Eligibility for direct cash payments to [hird par[y entities is contingent upon submission by the em- ployee of documentary evidence to substantiate acceptability for City sponsorship; i.e. a doc[ors cer[ificate prescribing membership in a health main[enance facility, course iden[ifi- cation and tuition cost for furtherance of educational achieve- ment, etc. 11. Any additional co'sts to the City generated by the form, manner or processing of an account not applicable to other management employees will be borne by the affected employee. 12. Reques[s by management employees for new programs under [his Policy or for modification to existing programs shall bc sub- mitted in writing to the Personnel Officer who with the City Manager and with such other assistance as they may deem appro- priate will evaluace the requests for acceptability under etandards for City aponsorship. These standards shall include but may not be limited to the following: a. Availability for participation by all confiden- [ial employees on a voluntary basis. b. Beneficiality [o the health, education or welfare of the employee and results of which will have a probability of having an affirma- tive effect on work performance. c. Costs of administra[ion and processing being compa[ible with those of other similar types of approved programs. 13. The City reserves the right unilaterally to make disbursements in direct cash payment to the employee vhen written designations are rejected as being unacceptable, failure of the employee to make a timely designa[ion, cancellation of program previously under City sponsorship or for other good and sufficienc reasons. 14. Programs under City sponsorship at the eEfec[ive da[e of this Policy No. 8 and for vhich written substantia[ion for meeting ~ ~ standards need not be submit[ed when designations of disburse- ments are made are as follows; provided, however, [hat such are subject to change or modifica[on at future dates. a. Direct cash payment to the employee b. Increase the City's contribution toward the premium for group hospitalization and medical insurance. c. Purchase of additional credits in the Public Employees' Re[irement System through increased ~ employee con[ributions. d. Defermen[ of payments under a deferred compen- i sation plan. 15. In no instance shall disbursements in excess of [he accoun[ ~ balance be made in anticipation of fu[ure credits to an em- I ployee's account under this policy or against the credi[ of ~I present or future payroll earnings. ~ ~ City of Cupertino , CONFIDENTIAL COMPENSATION PROGRAM ' Policy No. 9 • ~ DEFERRED COr~ENSATION It is the policy of tne City of Cupertino to provide equicable current ' compensation and reasonable retirement security for confidential employees for services performed for the City. The City partici- i pates in Sta[e and Federal retirement systems and deferred compensation i plans have been established. Botii tiie employee and employer may make con- tributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individ~al employees, thereby increasing the ability to attract and retain compe[ent confidential employees. The City shall maintain and administer means by which employees in confi- , dential positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agree- ments, rules and procedures as are necessary to properly administer each plan. ~ Employee contributions to such plans may be made in such amounts as fel[ proper and necessary to the employee. Employer contributions shall be made pursuant to Confidential Compensa[ion Plan policies numbers 5 or 8, or in such other form as determined desirable and proper by [he City Council. Adopted by Action of [he City Council June 23, 1980