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Home My WebLink About17-117 - Resolutions - APPROVING A SIDE LETTER AGREEMENT BETWEEN CITY AND EXEC MGMT GRP RESOLUTION NO. 17-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT GROUP WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Executive Management Group have met and conferred pursuant to the provisions of the Meyers-Milias- Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, representatives of the City and the Executive Management Group have agreed upon and presented to this City Council a Side Letter Agreement(see attached Side Letter Agreement) that Amends the Current Memorandum of Understanding effective July 1, 2015, to June 30, 2018, related to adding an additional year to the MOU. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter Agreement with the Executive Management Group is hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. Resolution No. 17-117— Page 1 of 2 PASSED APPROVED AND ADOPTED this 20th day of December 2017. L. nnis Michael, Ma or ATTE Linda . Tro n, City Clerk Services Director STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, LINDA A. TROYAN, City Clerk Services Director of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of December 2017. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 21 st day of December 2017 at Rancho Cucamonga, California. d A. Troyan, City Clerk Ser ' es Director Resolution No. 17-117— Page 2 of 2 P280 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT GROUP The City of Rancho Cucamonga("City")and the Executive Management Group have a Memorandum of Understanding("MOU") that commenced on July 1, 2015 and is set to end on June 30, 2018. The Parties now wish to enter into this new Side Letter of Agreement to memorialize the changes to Sections 1, 3,4, 5, 11, 13, 14, 15, 16, 18, 19, and 24 resulting in an additional year to the MOU and some additional benefits,a decrease in one salary range and an equivalent increase in one salary range as agreed to by both sides. The following sections shall amend and replace the corresponding sections currently in the MOU effective the first full pay period in July 2018,except for Section 1: Effective date, which is effective July 1,2018: SECTION 1: EFFECTIVE DATE The provisions of this memorandum of understanding are effective July 1, 2015 and shall continue for a four-year period, ending June 30 2019 th , 2018. SECTION 3: SALARY STRUCTURE D. The Executive Management Group requested the following salary adjustments to help address the disparity in pay between positions within the group: Reduce the current Director of Innovation and Technology maximum salary from$15,227 per month (Step 1707) to $14,485 per month (Step 1697), with a net difference of -$742 per month or approximately a-5% decrease. Increase the current City Clerk Services Director maximum salary from $10,686 (Step 1636) per month to $11,402 (Step 1649), with a net difference of $716 per month or approximately a 6.5% difference. As part of future budget processes, the Executive Management Group asks the City to consider increasing the salaries of the lowest paid Executive positions to further resolve parity among the Executive Team and bring the positions closer to market according to the most recent salary survey. SECTION 4: EXECUTIVE BENEFITS E. Executive Reimbursement The City shall provide up to $2000 each fiscal year to be applied to either Executive Physical or for Technology Reimbursement subject to the following conditions: • Executive Wellness Plan The City shall provide reimbursement for employee for an Executive Physical, and related approved expenses, up to a maximum amount of$2,000 per fiscal year. If the employee selects or requires Side Letter Agreement—Page 1 of 6 ATTACHMENT # 2 P281 additional services beyond the $2,000 per fiscal year amount, employee may receive reimbursement for additional approved expenses in an amount equivalent to any unspent funds remaining from employee's Executive Wellness Plan from the prior fiscal year. If no unspent funds remain from employee's Executive Wellness Plan from the prior fiscal year,employee may receive reimbursement for additional approved expenses as an advance against employee's next immediate fiscal year Executive Wellness Plan (1-year advance only). In no event shall any employee receive more than $4,000 total reimbursement for an Executive Physical, and related expenses, in one fiscal year. Approved providers, and a list of eligible reimbursable services, shall be determined by the Human Resources Department. • Technology Reimbursement The City shall provide reimbursement for employee to procure ancillary technology devices in support of their positions. Ancillary technology devices are defined by the following categories including the minimum replacement cycle for each device category Mobile Phone 2-year replacement cycle Tablet Device 3—year.replacement cycle PC or Laptop 3-year replacement cycle Printer 3-year replacement cycle The City will no longer provide employees a phone stipend or any ancillary technological devices other than a desktop or laptop computer for his/her workstation as is provided to most City-employees for their daily use. Devices procured under the reimbursement program must be made available for work related activities and enrolled in the City's Mobile Device Management program Devices may be used for personal use and are exclusive to the employee and not transferred to another user or owner during the replacement cycle SECTION 5: HEALTH INSURANCE B. CASH IN-LIEU PAYMENT Represented employees who had waived coverage under a City-paid medical insurance plan, and were receiving a cash in-lieu payment in the amount of$200 per month for single coverage or$300 per month for family coverage as of September 30, 2012, may continue to receive this cash in-lieu payment as long as they remain eligible. To be eligible, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim-a_.personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies C"tax family") have or will have minimum essential coverage through another source (other than coverage in the individual market whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The Mt-out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member does not have such alternative coverage or if the conditions in this paragraph are not otherwise satisfied . proof of eiher-Faedieal insuranee eover-age and must have No other represented employees shall be eligible for this benefit. Side Letter Agreement—Page 2 of 6 ATTACHMENT # 2 P282 Employees not receiving cash in-lieu as of September 30,2012,may still waive coverage by providing the proof of insurance and signed waive-as noted above, but will not receive a cash in-lieu payment. C. AFFORDABLE CARE ACT(ACA) REOPENER The City may reopen negotiations on the issue of health insurance benefits to address changes to or the elimination of the ACA and in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including but not limited to a revenue ruling regulation or other guidance)or skate agency,or a ruling by a court of competent jurisdiction These negotiations will not result in a reduction in the amount the City provides for employee health coverage SECTION 11: BEREAVEMENT LEAVE When a death occurs in the family of a full time employee, the employee shall be granted up to 80 hours of five (5) bereavement leave drys with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner,employee's parents, employee's grandparents, employee's children, employee's siblings,—e+ employee's grandchildren, employee's great-grandchildren employee's greatrg and-parents, employee's spouse or domestic partner's parents,employee's spouse or domestic partner's grandparents,brother-in-law,sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, employee's spouse or domestic partner'sgreat-grandchildren, employee's spouse or domestic partner'srg eat- randparents,or a blood relative residing with employee.The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code Section 297). SECTION 13: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. In order to compete for talented Executive Staff, the City Manager may provide an accrual rate for new Executive Management Group covered employees up to the equivalent of a ten-year employee upon hire.This is important as many experienced candidates have significant time in the public sector and might have to begin at a much lower accrual rate than they receive at their current Agency. Length of Service Hours Aeera ,a Annual Hours, in Years Per Pay Dar; ,.7 AeefHed 4- 3.077 50 2 3.461 90 -3 3.846 400 4 4,230 44-0 5 4:613 120 5:000 4-30 9 5.384 440 4-0 5.769 }-50 11 13 6.153 4.60 44 6:635 478 4-5+ 6.923 4$0 Side Letter Agreement—Page 3 of 6 ATTACHMENT # 2 P283 Length of Service Hours Accrued Annual Hours In Years Per Pay Period Accrued 1-3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 1113 _ 6.153 160 14 6.538 _ 170 15-19 6.923 180 20+ 7.692 200 SECTION 14: VACATION BUYBACK boughtThe City will pFevide the tetal cash value of up to 120 heuFs of vaeation leave annually, that may be tr hours of aeeFued vaeation subsequent to any payfHent of vaeation buy 4,:-- wish to buy baek vaeation must request payment of fiet less than 40�eur-s and not, Fner-e than 120 hours. Annually, at the employee's written request, the City will "buy back," the total cash value of up to 200 hours of previously earned vacation leave. This buyback shall occur twice annually, in April and November. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time.Employees who wish to sell back vacation must request payment of not less than 20 hours and not more than 200 hours in a calendar year. SECTION 15: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. The City shall provide eligible employees with leave of absence due to family and personal health purposes as provided by the U.S. Family and Medical Leave Act("FMLA;29 U.S.C. section 2601 et seq.) and the California Family Rights Act ("CFRA'; California Government Code section 12945.2). The City's FMLAICFRA policy is incorporated herein by reference.The City shall also provide leave of absence for reasons covered by FMLA relating to covered relationships who are members of the military pursuant to the 2008 amendments to FMLA contained in the National Defense Authorization Act. Should the City suspect that there is an abuse of sick leave by the employee the City may require that the employee submit to Human Resources a_physician's certificate to support the absence. SECTION 16: SICK LEAVE BUYBACK Employees who terminate their City employment after 5 years of continuous service and have at least 50% of five yeaFs of siek leave aeer-ued on the beeks upon termination can Side Letter Agreement— Page 4 of 6 ATTACHMENT # 2 P284 sell 120 hours of accrued sick leave back to the City. SECTION 18: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees up to four months natal and adoption leave for the birth or adoption of a child including the paid leave as outlined below; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 1.2945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. SECTION 19: NATAL AND ADOPTION LEAVE WITH PAY Employees are granted up to 80 hours 2-days natal and adoption leave with pay for the birth or adoption of a child, however, use of the 80 paid hours twe does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 80 hours 2 days must be charged to sick leave, vacation compensatory or floating holiday time. SECTION 24: TUITION REIMBURSEMENT FOR APPROVED COLLEGEJUNIVERSITY COURSES F. CERTIFICATIONS AND RECERTIFICATIONS: The City will pay for the cost of an required certifications or recertification required of employees to maintain their positions. Required certifications must be outlined in an employee's specification classification. Deputy City Managers with the approval of the City Manager can add to but not eliminate certifications and recertifications that Departments will cover the costs for employees to maintain. Any additions by a Deputy City Manager must be applied equally to all employees in that classification. For The City of Rancho Cucamonga: For the Executive Management Group: John R. Gillison Darryl Polk City Manager Executive Management Group Representative Date Date Elisa Cox Executive Management Group Representative Date Side Letter Agreement— Page 5 of 6 ATTACHMENT # 2 P285 Duly approved and adopted by the City Council at a public meeting this date of_, December 2017. City Clerk Side Letter Agreement—Page 6 of 6 ATTACHMENT # 2