CC Resolution No. 12-122 City Attorney Employees' Compensation Program RESOLUTION NO. 12-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AMENDING RESOLUTION NO. 10-128 OF THE
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
WHEREAS, the City Council desires to amend the City Attorney Employees'
Compensation Program.
NOW, THEREFORE, BE IT RESOLVED that the City Attorney Employees'
Compensation Program be amended which is incorporated in this resolution by this
reference.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October, 2012 by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
6/rt t
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter
defined and designated as management employees in the City Attorney's office shall be eligible
for participation under the City Attorney Employees' Compensation Program as hereby adopted
by action of the City Council and as same may be amended or as otherwise modified from time
to time.
Eligibility for inclusion in this Compensation program is limited to persons holding
positions as management employees, as defined under section 2.52.290 of the Cupertino
Municipal Code, in the City Attorney's Office. These are designated by the Appointing
Authority and may be modified as circumstances warrant.
Although subject to change in accordance with provision of the Personnel Code, the
positions in the following classifications have been designated as city attorney employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Attorney
Assistant City Attorney
Deputy City Attorney
In the event of any inconsistency between the Compensation Program and any Employment
Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the City Council
July 1,2010
1
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated for services rendered to and on behalf of the City on the basis of equitably of pay
for duties and responsibilities assigned, meritorious service and comparability with similar work
in other public and private employment in the same labor market; all of which is contingent upon
the City's ability to pay consistent with its fiscal policies.
As rates of pay are developed through meet and confer processes subject to the underlying
provisions of the Pay Plan for administration purposes, so are those rates of pay included herein
as a part of this 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 Program for completeness of record.
The employees will receive a one-time 2.3% payout during the pay period subsequent to
the adoption of this agreement.
The City will contract for a total salary and benefits survey. Groups will meet and confer
regarding the results of the survey. The survey is for information only and will not cause any
automatic pay adjustments.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012
2
City of Cupertino
CITY ATTORNEY EMPLOYEES'COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall be
reimbursed or receive advances in accordance. with the schedules, terms and conditions as set
forth herein for attendance at conferences, meetings and training sessions as defined below
for each. It is the intent of this policy to encourage the continuing education and awareness
of said persons in the technical improvements and innovations in their fields of endeavor as
they apply to the City or to implement a City approved strategy for attracting and retaining
businesses in the City. One means of implementing this encouragement is through a formal
reimbursement and advance schedule for authorized attendance at such conferences, meetings
and training sessions.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which
may be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-
mile distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the
purpose of obtaining information of a work related nature to benefit the City's operations or
to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities.
3
III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the
lowest possible cost to the City for traveling on City business. For example, if paying for
parking at the airport is less expensive that paying for a taxi or airport shuttle, then the
employee should drive their car and park at the airport; or if renting a car is lower than taking
taxis at the out-of-town location, then a car should be rented; or air reservations should be
booked in advance to obtain discounted fares. The following procedures apply whether the
expense is being paid through a reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the
City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in
paragraph A. Eligible transportation costs include airfare (with coach fare being the
maximum), van or taxi service to and from the attendee's home and airport, destination or
airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or
rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at
the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the
vehicle is being used for getting to the destination. Government or group rates offered by a
provider of transportation must be used when available.
Reimbursement or advances for use of a personal automobile on City business within a local
area will not be made so as to supplement that already being paid to those persons receiving a
monthly mileage allowance.
D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity
defined in this policy will be reimbursed or advanced if the lodging and event occurs outside
of the local area. Not covered will be lodging expenses related to person(s) who are
accompanying the City member, but who themselves are not on City business. In this
instance, for example, the difference between single and multiple occupancy rates for a room
will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational activity,
City-paid lodging costs shall not exceed the maximum group rate published by the
conference or activity sponsor, providing that lodging at the group rate is available at the time
of booking. If the group rate at the conference hotel is not available, then the non-conference
lodging policy described in the next paragraph should be followed to find another comparable
hotel.
4
Where lodging is necessary for an activity that is not related to a conference or other
organized educational activity, reimbursement or advances shall be limited to the actual cost
of the room at a group or government rate. In the event that a group or government rate is not
available, lodging rates that do not exceed the median price for lodging for that area and time
period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent
service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals related to authorized activities or events
shall be at the Internal Revenue Service per diem rate for meals and incidental expenses
for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General
Services Administration. The per diem shall be split among meals as reasonably desired
and reduced accordingly for less than full travel days. If per diem is claimed, no receipts
are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of
reasonableness, but receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity,
they shall be reimbursed or advanced for meals not provided by the activity, on a per
diem or actual cost basis. The per diem and actual cost rate shall follow the rules
described in the meals with no conference paragraph.
F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the
actual costs consistent with the application of reasonable standards.
Other reasonable expenses related to business purposes shall be paid consistent with this
policy.
No payments shall be made unless, where available, receipts are kept and submitted for all
expenses incurred. When receipts are not available, qualifying expenditures shall be
reimbursed upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard of reasonableness for the situation as may be defined by the Finance
Department.
G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not limited
to:
5
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on City-
related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa
treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic
citations; and
9. Personal losses incurred while on City business.
IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training
sessions shall not exceed the budgetary limitations.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions,
will be appropriated annually through the budget process.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance
to cover anticipated expenses while traveling or doing business on the City's behalf. Such
request for an advance should be submitted to their supervisor no less than seven days prior
to the need for the advance with the following information: 1) Purpose of the expenditure; 2)
The anticipated amount of the expenditure (for example, hotel rates, meal costs, and
transportation expenses); and 3) The dates of the expenditure. An accounting of expenses
and return of any unused advance must be reported to the City within 30 calendar days of the
6
employee's return on the expense report described in Section VII.
VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be
approved by their supervisor, on forms determined by the Finance Department, within 30
calendar days of an expense incurred, and accompanied by a business purpose for all
expenditures and a receipt for each non- per diem item.
Adopted by Action of the City Council
July 1, 2010
7
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated fairly for the use of personal automotive vehicles 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 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 mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City
business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the Department Head.
Employees in the following classifications shall be paid on a monthly basis the following
automobile allowance:
Classification Allowance
City Attorney 350.00
Employees receiving automobile allowance shall be eligible for reimbursement for travel
that exceeds two hundred miles round trip.
Adopted by Action of the City Council
July 1, 2010
8
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be entitled to City sponsored association memberships as well as receiving subscriptions to
professional and technical publications. Such sponsorship, however, shall be conditioned upon
the several factors as set forth below.
Each association for which membership s claimed must be directly related to the field of
endeavor of the person to be benefited.
Subscriptions to or purchase of professional and technical publications may be provided
at City expense when such have been authorized by the Department Head providing the subject
matter and material generally contained therein are related to municipal governmental operations.
Adopted by Action of the City Council
July 1, 2010
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess
of what otherwise would be considered as a normal work day or work week for other employees.
However, no deduction from leave balances are made when such an employee is absent for less
than a regular work day as long as the employee has his/her supervisor's approval. Nothing in
this policy precludes the alternative work schedule, which may include an absence of a full eight
hour day, when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
July 1, 2010
City of Cupertino
10
CITY ATTORNEY EMPLOYEES'COMPENSATION PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN- EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which employees in City Attorney Employee positions and their dependents may be
covered. The purpose of this program is to promote and preserve the health of employees and
their families through comprehensive health plans available only through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility
of the employee in these positions, the City shall contribute the amounts listed below towards the
premium or pay the full cost of the premium if less than the stated amounts. If the premium
amounts for any employee covered by this policy are less than the amounts listed below per
month, the difference between the premium amount and the stated amounts will be included in
the employee's gross pay. The City will not pay medical insurance cash back (excess of the
monthly premium less the cost of the medical coverage).
Medical Insurance Coverage Level City Contribution
Employee 702.00
Employee + 1 762.00
Employee +2 802.00
Adopted by Action of the City Council
July 1, 2010
11
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FLEXIBLE HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national
significance as holidays of the City without loss of pay or benefits. Recognizing the desirable
times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of
holidays for City Attorney Employees at such times as are convenient for each employee and
supervisor, when such policy is compatible with the workload and schedule of the City.
Employees occupying these positions shall be provided 20 hours per calendar year as
non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up
to two times their annual accrual.
Adopted by Action of the City Council
July 1, 2010
12
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
LIFE AND LONG TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for City
Attorney Employees that will mitigate the personal and family financial hardships resulting from
continuing disability that prevents an employee from performing gainfully in his or her
occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in
an amount of two and one half times the employee's annual salary to a maximum of
$250,000.00.
Adopted by Action of the City Council
July 1, 2010
13
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and
reasonable retirement security for City Attorney employees for services performed for the City.
The City participates in the California Public Employees' Retirement System (PERS) and
deferred compensation plans have been established. Both the employee and employer may make
contributions 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 individual employees, thereby increasing the ability, to
attract and retain competent attorney employees.
The City shall maintain and administer means by which employees in these positions may
defer portions of their current earnings for future utilization. Usage of such plans shall be subject
to such agreements, rules and procedures as are necessary to properly administer each plan.
Employee contributions to such plans may be made in such amounts as felt proper and necessary
to the employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of the City Council
July 1, 2010
14
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
The City has a Ca1PERS 2.7% @ 55 retirement formula. The City agrees to pay the employee's
contribution rate to Ca1PERS not to exceed 6.0% of applicable salary and each employee agrees
to pay 2.0% of applicable salary. The City agrees to pay the employer's contribution rate to the
Public Employees Retirement System
The City will be contracting with Ca1PERS for a 2.0% @60 retirement formula for those
employees hired after January 1, 2013. The City agrees to pay the employee's contribution rate to
Ca1PERS not to exceed 5.0% of applicable salary and each employee agrees to pay 2.0% of
applicable salary. The City agrees to pay the employer's contributioin rate to the Public
Employees Retirement System.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012
15
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE- EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which
employees in City Attorney Employee positions and their dependents may be covered. The
purpose of this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $78.26 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with Personnel Rules of the City and the provisions of the contract for such
insurance between the City and carrier or carriers.
Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012
16
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The City Attorney shall receive forty (40) hours of administrative leave with pay per year.
Other City Attorney employees exempt from the provisions of the Fair Labor Standards Act shall
receive twenty-four (24) hours of administrative leave with pay per year.
Employees may accumulate administrative leave hours up to their annual accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each
calendar year.
Adopted by Action of the City Council
July 1, 2010
17
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for
the benefit of City Attorney Employees and their eligible dependents. The purpose of this
program is to provide professional assistance and counseling concerning financial, legal, pre-
retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
18
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
PUBLIC SERVICE CREDIT—VACATION ACCUMULATION
The City Attorney and staff attorneys shall earn vacation hours under the same vacation
accumulation schedule as all other employees. Credit shall be provided for previous public
sector service time on a year-for-year basis as to annual vacation accumulation for the City
Attorney only. Credit shall only be given for completed years of service. Public service credit
shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have
the responsibility of providing certification as to previous public sector service.
Adopted by Action of the City Council
July 1, 2010
19
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the City Attorney pursuant to Resolution No. 99-
070 as amended.
Adopted by Action of the City Council
July 1, 2010
20
City of Cupertino
CITY ATTORNEY EMPLOYEES' COMPENSATION PROGRAM
Policy No. 17
VISION INSURANCE—EMPLOYER CONTREBUTION
It is the policy of the City of Cupertino to provide vision insurance under which
employees and their dependents may be covered. The purpose of this program is to promote and
preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $14.94 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with the provisions of the contract between the City and carrier or carriers
providing vision insurance coverage,
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012
21
City of Cupertino
Listing of City Attorney Classifications by
Salary Rate or Pay Grades
Effective July 1, 2012
22
CITY OF CUPERTINO
EXEMPT POSITIONS
EFFECTIVE JULY 1, 2012
The salaries, wages or rates of pay for those attorney employees whose positions are exempt
under the provisions of the Cupertino Municipal Code, are set forth below. Only the City
Council can modify these rates.
Exempt Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $18,403
Management Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant City Attorney $1:L,099 $11,654 $12,236 $12,848 $13,491
23