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CC Resolution No. 9138 RESOLUTION NO. 9138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE UNREPRESENTED COMPENSATION PROGRAM. WHEREAS, the City Council desires to modifY the reimbursement schedule for eligible persons under the Unrepresented Compensation Program attendance at conferences, meetings and training sessions; and NOW, THEREFORE BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment "A" which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 5th day of July, 1994 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: Bautista, Burnett, Dean, Sorensen, Koppel NOES: None ABSENT: None ABSTAIN: None APPROVED: 181 Barbara Koppel Mayor, City of Cupertino ATTEST: 181 Kim M. Smith City Clerk UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM INDEX Category Policy No. Page PROGRAM PURPOSE AND DEFINITIONS FOR 1 1 ELIGIBILITY SCHEDULES OF PAY GRADES AND OTHER 2 3 SALARY RATES I POLICY 3 4 II DEFINITIONS 3 4 III REIMBURSEMENT SCHEDULE 3 5 IV ATIENDANCEAUTHORIZATION 3 6 V FUNDING 3 7 AUTOMOBILE ALLOWANCES AND MILEAGE 4 8 REIMBURSEMENTS ASSOCIATION MEMBERSHIPS AND 5 9 PROFESSIONAL PUBLICATIONS OVERTIME WORKED 6 10 HEALTH BENEFITS PLAN - EMPLOYER 7 11 CONTRIBUTION FLEXIBLE HOLIDAYS 8 12 LIFE AND LONG TERM DISABILITY INSURANCE 9 13 DEFERRED COMPENSATION 10 14 PUBLIC EMPLOYEES RETIREMENT SYSTEM 11 15 CONTRIBUTIONS DENTAL INSURANCE - EMPLOYER CONTRIBUTION 12 16 ADMINISTRATIVE LEAVE 13 17 City of Cupertino UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGffiILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented 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. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees fÌ'om represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded fÌ'om time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as 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 following positions have been designated as unrepresented positions: MANAGEMENT AND CONFIDENTIAL POSITIONS: Position No. Incumbent Position Title 210-102-01 910-103-01 410-104-01 510-105-01 710-106-01 Brown, D. Snyder, B. Dowling, S. Cowan, R. Viskovich, B. City Manager Director of Administrative Services Director of Parks & Recreation Director of Community Develop Director of Public Works 1 MANAGEMENT AND CONFIDENTIAL POSITIONS (continued) 810.223-01 610-224-01 420-218-01 430-218-01 440-218-01 450-218-01 460-218-01 520-215-01 530-210-01 710-603-01 730-602-01 730-602-02 460-602-01 750-607-01 740-605-01 460-605-01 740-604-01 720-219-01 210-220-01 820-310-01 310-318-01 610-506-01 210-509-01 710-508-01 510-508-01 810-508-01 310-508-01 410-508-01 710-512-01 Brown, B. Smith, K. Lamy, 1. McCarthy, D. Hanel, C. Snow, D. O'Dowd, M. Antonucci, J. Wordell, C. McKee, K. Mahan, D. Moore, 1. Alvarez, E. Davis, 1. Silva,R. Lomas, Jr., R. Subega, F. Grigg, G. Krey, D. Zauss, C. Thornton, L. Wolfe, R. Newman, L. Martin, S. Kelley, Y. Jimenez, M. Castillo, L. Lagergren, L. Vasques, S. General Services Manager City Clerk Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Building Official City Planner Public Works Superintendent Grounds Mtc. Supervisor Grounds Mtc. Supervisor Grounds Mtc. Supervisor Water Supervisor Facility Supervisor Facility Supervisor Street Supervisor Traffic Engineer Public Information Officer Personnel Technician Accounting Technician Deputy City Clerk Secretary to the City Manager Administrative Secretary Administrative Secretary Administrative Secretary Administrative Secretary Administrative Secretary Service Center Assistant Adopted by Action of the City Council, April 1, 1974 Revised 10/74 Revised 3/78 Revised 6/81 Revised 6/82 Revised 7/85 Revised 7/87 Revised 1/89 Revised 7/89 Revised 7/90 Revised 4/91 Revised 5/91 Revised 7/92 2 City of Cupertino UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM Policy NO.2 SCHEDULES OF PAY GRADES 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 and schedules of pay grades developed through meet and confer processes are subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay and schedule of pay grades 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. Adopted by Action of the City Council April 1, 1974 Revised 8/78 Revised 7/79 (pay plan) Revised 6/80 (pay plan) Revised 7/92 3 City of Cupertino UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM Policy NO.3 1. POLICY A. Management Personnel It is City of Cupertino policy that eligible persons, other than the City Manager, under this Compensation Program shall be reimbursed 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. One means of implementing this encouragement is through a formal reimbursement schedule for authorized attendance at such conferences, meetings and training sessions. B. Non-Management Personnel When authorized by a Department Head, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred being limited to authorized actual costs thereof II DEFINITIONS A. Budgetary Limitations Funding capability for payment toward or reimbursement of expenses incurred for attendance at conferences, meetings and training sessions shall be limited to the amount appropriated as a line item for each applicable amount. B. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name ofthe City or the individual. 4 C. Local Area A local area is that within an approximate 100 mile radius or two hours drive of the City. D. 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. E. 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 the enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. III REIMBURSEMENT SCHEDULE A. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. B. TransDortation When an expenditure is authorized or is eligible for reimbursement the City will pay transportation costs from the attendee's home to the destination and return on the basis of the costs for the nearest route by air at the air coach fare. Transportation costs also may include limousine or taxi service to and from the attendee's home and the airport or for airport or destination parking charges for personal automobiles so parked when such is used in lieu of travel by air. Use of a personal automobile for City business shall be reimbursed at a rate per mile then in effect for such use except in no case shall it exceed air coach fare. Requests for car rentals must have prior approval by the City Manager for reimbursement. Reimbursement 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 montWy mileage allowance. 5 C. Hotel Payments toward or reimbursement of hotel or lodging expenses is limited to the actual cost of the room. Such payments or reimbursements shall not be made for hotel or lodging expense when incurred within the local area. Exceptions to this requirement shall be for attendance at the Annual League of California Cities Conference and for those nights when attendance at other conferences, meetings and training sessions official functions would preclude the return to the City by the attendee within two hours after the end of the normal working day. D. Other EXDenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Costs of special luncheon or dinner meetings or other programs on the agenda and not covered by registration fees may be paid or reimbursed in addition to this daily allowance when approved by the City Manager. The authorized average daily rate of other expenses shall not exceed $50.00 for attendance at conferences, meetings, or training sessions. 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 City Manager. IV ATTENDANCE AUTHORIZATION A. Budgetarv Limitations Notwithstanding any attendance, authorization contained herein, reimbursement for expenses incurred or expenditures made relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. 6 B. Conference Attendance A Department Head and one designated assistant may attend a conference. Attendance by any other employee, management or non-management, may be authorized by the Department Head subject to such attendance being on the employee's own time (compensatory time off or vacation time) and with transportation and lodging being at the employee's own expense. The City May pay registration fees. C. Meetings any employee, management or non-management, may attend a meeting when authorized by the Department Head. D. Training Sessions Any employee, management or non-management, may attend a training session when authorized by the Department Head. V. FUNDING A. Appropriation Policv 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. There also will be an appropriation to the Department of Parks and Recreation each year to be used as payment toward or reimbursement of expenses incurred for its in-service training programs. Excluded rrom this funding capability is that amount to be determined each year and appropriated to the Personnel Division for costs incurred in training programs of a general nature and applicable to all employees. Revised 7/83 Revised 7/85 Revised 7/87 Revised 7/88 Revised 7/91 Revised 7/92 7 City of Cupertino UNREPRESENTED 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 request must be approved by the Department Head. An exception to the foregoing paragraph shall be for the City Manager, Department Heads, Recreation Supervisors, Traffic Engineer, Public Works Superintendent and Building Official. The salaries of those identified reflect an allowance for the use of personal automotive vehicles. The identified persons shall be eligible for reimbursement for travel which exceeds two hundred miles round trip. While recognition is given that similar or modified automobile allowances and mileage reimbursement schedules may be applicable to employees not eligible under this Compensation Program, its inclusion as a policy under said Program is for completeness of records. Adopted by Action of the City Council April 1, 11974 Revised 7/74,5/79,6/80,7/81 8/84, 7/87, 1/89, 7190 7/92 8 City of Cupertino UNREPRESENTED 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 is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Memberships in associations as sponsored by the City shall be limited to not more than one person for each association except as may otherwise be authorized by the City Manager in unusual cases. Anyone person may however, be eligible for sponsored membership in more than one association should such be considered warranted by the City Manager. 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 April 1, 1974 Revised 7/92 9 City of Cupertino UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM Policy NO.6 OVERTIME WORKED Management and Confidential 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. Nothing in this policy precludes the flexible work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same work week. Adopted by Action of the City Council April 1, 1974 Revised 6180, 7/91, 7/92 10 City of Cupertino UNREPRESENTED 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 Management and Confidential 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 an amount of $405.00 per employee per months towards the premium or pay the full cost of the premium if less than this amount. If the premium amounts for any employee covered by this policy are less than $405.00 per month, the difference between the premium amount and $405.00 will be contributed by the City to a deferred compensation account in the employee's name in accordance with Policy No. 10 of this plan and the regulations of the compensation deferment program of the City. 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 the City Council September 16, 1974 Revised 7/75 7/77 7/79 6/81 7/83 7/81 7/89 7/91 7/76 8/78 6/80 6/82 7/84 7/88 7/90 7/92 11 City of Cupertino UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM Policy NO.8 FLEXIBLE HOLIDAYS It the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of payor 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 management and confidential 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 a non-work time with full pay and benefits in addition to those holidays set forth in Section 8.1 of the rules on Conditions of Employment. For payroll purposes, each such in-lieu-of time off shall be recorded as holiday leave. Adopted by Action of the City council July 7, 1975 Revised 6/80 6/89 7/92 12 City of Cupertino UNREPRESENTED 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 Management and Confidential 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 a amount of two and one half times the employee's annual salary to a maximum of$250,000.00. Employees occupying umepresented 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 programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76 6/80 6/81 6/82 6/92 13 City of Cupertino UNREPRESENTED 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 management and confidential employees for services performed for the City. The City participates in State and Federal retirement systems and deferred compensation plans have been established. Both the employee and employer may make contributions rrom 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 management and confidential 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 made pursuant to Unrepresented Employees Compensation Plan policies numbers 7 or 10, or in such other form as determined desirable land proper by the City Council Adopted by Action of the City Council July 7, 1975 Revised 6/80 7/87 7/92 14 City of Cupertino UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM Policy No. 11 PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRIBUTION It is the policy of the City of Cupertino pay the eligible employee's contribution rate to the Public Employees Retirement System not to exceed seven percent (7%) of the applicable salary. Adopted by Action of the City Council June, 1981 Revised 6/87 6/89 7/90 7/91 7/92 15 City of Cupertino UNREPRESENTED 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 Management and Confidential positions and t heir 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 $59.97 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 the City Council July I, 1983 Revised 7/87 7/88 7/89 7/90 7/91 7/92 16 City of Cupertino UNREPRESENTED EMPLOYEES COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE Department Heads and the City Manager shall receive sixteen (16) hours of administrative leave with pay. The administrative leave must be taken prior to the end of the second pay period in June of each fiscal year. If the leave time is not taken, it will be converted to a cash- payment to be received the 1 st pay period in July. This leave time is not included in the vacation accrual schedule in the Rules and Conditions on Employment. Adopted by Action of the City Council July, 1988 Revised 7/92 17