Res 08-017
RESOLUTION NO 08 - 017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
AMENDING AND EXTENDING THE SALARY AND BENEFIT PLAN FOR THE
MANAGEMENT, SUPERVISORY, PROFESSIONAL AND CONFIDENTIAL
EMPLOYEES OF THE CITY
WHEREAS, it is necessary to designate the salaries and benefits of the
management, supervisory, professional and confidential employees of the City of Poway;
and
WHEREAS, the salary and benefit plan adopted by Council on July 1,2004, expired
on December 31, 2007, and
WHEREAS, the City has considered the management, supervisory, professional
and confidential employees, and wishes to amend the salary and benefit plan, and
WHEREAS, it is desired to provide for a plan for a period of eighteen months,
effective January 1, 2008 and operating to June 30, 2009
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows.
1 The City of Poway Management, Supervisory, Professional and Confidential
Employees Salary and Benefit Plan shall be adopted for a period of eighteen
months, effective January 1,2008 and operating to June 30, 2009 The Plan
has been affixed to this resolution and marked Exhibit A.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting thereof this 1st day of April 2008
ATTEST
Resolution No 08- 017
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No 08-017 was duly adopted by the City Council at a
meeting of said City Council held on the 1 st day of April 2008, and that it was so adopted
by the following vote.
AYES EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT BOYACK
DISQUALIFIED' NONE
~I&~~
L. Diane Shea
City Clerk
SALARY AND BENEFIT PLAN
FOR THE
CITY OF POWAY
MANAGEMENT/CONFIDENTIAL GROUP
Effective January 1, 2008
Salary and..Elemifit Pian
(Management/Confidential Group)
Table of Contents
ARTICLE 1 SALARY 19
ARTICLE 2. LEAVES
1 Vacation
A. Groups 1-3 - Management.... 1-2
B Group 4 - Confidential........... 2-3
2. Executive Leave
A. Group 1 4
B Groups 2A and 2B 4
3. Sick Leave
A. Group 1 - Management 4-5
B Groups 2-4 - Management/Confidential 5-6
4 Holidays 7
5. Bereavement Leave 7-8
6 Benefit Days 8
7 Jury Duty 8
ARTICLE 3. PAYROLL AND WORK WEEK
A. Groups 1, 2A and 2B - Management 8-9
B. Groups 3 and 4 - Professional/Confidential 9-10
C Flexible Work Hours 10
ARTICLE 4 BENEFITS
1 Hospital and Medical - All Groups 10
2. Eye Care 10
3. Life Insurance 10
4 Deferred Compensation - All Groups 10-11
5. Long-Term Disability 11
A. Group 1 - Management........ 11
B Group 4 - Confidential 11-12
6 Workers' Compensation 12
7 Unemployment Insurance/SDI 12
8. Flexible Benefits Program 12-13
9. Part-Time Employee Benefits 13
ARTICLE 5. SPECIAL PAY
1 Tuition Reimbursement 13
2. Uniforms and Equipment 13
3. Acting Pay
A. Groups 1-3 - Management......... 14
B. Group 4 - Confidential 14
4 Physical Examinations 14
5 Travel Expenses
A. Group 1-2A - Management 14-15
B Groups 2B, 3 and 4 - Management/Confidential 15
ARTICLE 6 SERVICE
1 Transfers 15
2. Layoff and Reemployment (Groups 1-3 -- Management and
Group 4 -- Confidential) 15-16
3. Resignations 16
ARTICLE 7 RETIREMENT AND SOCIAL SECURITY 16-17
1 CalPERS 16-17
2. PARS 17-18
ARTICLE 8 PERSONNEL RULES 18
Article 2. Leaves
Section 1. Vacation
A. Groups 1-3 -- Manaqement
1 Computinq Vacation Leave
All employees in the management group, who have served for a minimum of six (6)
months of continuous service, shall be entitled to vacation leave with pay
For the purpose of computing annual vacation leave, a working day shall be
considered as 1/5 of the number of working or duty hours in the established
workweek.
Annual vacation leave shall be computed in accordance with the following schedule.
Years of
Continuous Employment Vacation Leave Credits
1 thru 5 120 hours per year or 4 615 hours per pay
period for 26 pay periods.
Alter 5 144 hours per year or 5.538 hours per pay
period for 26 pay periods.
Alter 10 180 hours per year or 6 923 hours per pay
period for 26 pay periods.
Alter 15 199.2 hours per year or 7 662 hours per pay
period for 26 pay periods.
2. Vacation Leave Accrual
Vacation time can be accumulated to a maximum of 200% of one year's eligibility
When an employee's vacation leave accrual reaches the maximum level, the
employee will stop accruing additional vacation leave until such time as the
employee uses vacation leave below the maximum level. At that time, the employee
will begin accruing additional leave from that point forward.
Employees who have reached maximum accrual can request a review by their
department Director in the event a vacation request is denied.
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3 Use of Vacation Time
The times at which an employee may jake vacation shall be determined by the
immediate supervisor with due regard for the wishes of the employee and particular
regard for the needs of the City Vacation leave in excess of thirty calendar days
shall be granted or not granted at the sole discretion of the City Manager
In the event one or more holidays fall within a vacation leave period, such holidays
shall not be charged as vacation leave, arid the vacation leave shall be extended
accordingly
4 Conversion of Accrued Vacation Leave
Annual conversion of a portion of accrued vacation to cash for Groups 1-3 is
permitted subject to the following guidelines:
a. Employee must have had at least three years of service in the prior 12 months
before conversion.
b. A maximum of five days (40 hours) per year may be converted on an hour-for-
hour basis, at the current rate of pay
c. Employee must have used at least two weeks (80 hours) of vacation time in
both the current and previous 12 months.
d. After conversion, the employee must have at least two weeks (80 hours)
remaining to his/her credit.
e. Requests for conversion by Group 1 employees shall be approved by the City
Manager Requests for conversion by Groups 2 and 3 employees shall be
approved by the Director of Administrative Services.
5 Payout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
B Group 4 -- Confidential
1 Computinq Vacation Leave
All employees in thiS group shall be entitled to vacation leave with pay except those
employees who have served less than six continuous months in the service of the
City
For the purposes of computing annual vacation leave, a working day shall be con-
sidered as 1/5 of the number of working or duty hours in the established workweek.
2
Annual vacation leave shall be computed in accordance with the following schedule:
Years of
Continuous Employment Vacation Leave Credits
1 through 5 years 96 hours per year or 3.692 hours per pay
period for 26 pay periods
After 5 years 120 hours per year or 4.615 hours per pay
period for 26 pay periods.
After 10 years 144 hours per year or 5.538 hours per pay
period for 26 pay periods.
Alter 15 years 168 hours per year or 6.462 hours per pay
period for 26 pay periods.
2. Vacation Leave Accrual
Vacation time can be accumulated to a maximum of 150% of one year's eligibility
When an employee's vacation leave accrual reaches the maximum level, the
employee will stop accruing additional vacation leave until such time as the
employee uses vacation leave below the maximum level. At that time, the employee
will begin accruing additional leave from that point forward.
Employees who have reached maximum accrual can request a review by their
department Director in the event a vacation request is denied.
3. Use of Vacation Leave
The times at which an employee may take vacation shall be determined by the
department Director with due regard for the wishes of the employee and particular
regard for the needs of the City
In the event one or more holidays fall within a vacation leave period, such holidays
shall not be charged as vacation leave, and the vacation leave shall be extended
accordingly
4 Payout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
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Section 2. Executive Leave
A. Group 1
Employees designated in this group shall be entitled to sixty-four (64) hours executive
leave each fiscal year If not taken during the fiscal year, any remaining executive leave
will be exchanged for compensation in the last full pay period of the fiscal year at the then
current rate of pay Executive. leave may not be carried over into the next fiscal year
Employees who terminate employment shall be paid in a lump sum for the value of unused
executive leave
B Groups 2A and 2B
Employees designated in this group shall be entitled to thirty-two (32) hours executive
leave each fiscal year If not taken during the fiscal year, any remaining executive leave
will be exchanged for compensation in the last full pay period of the fiscal year at the then
current rate of pay Executive leave may not be carried over into the next fiscal year
Employees who terminate employment shall be paid in a lump sum for the value of unused
executive leave.
Section 3. Sick Leave
A. Group 1 -- Manaqement
1 Sick Leave Accrual
In addition to Group 1, this sick leave policy shall apply to all employees in Groups 2
and 3 who were hired prior to July 1, 1990, and to those employees whose positions
or transfers to the management group were announced prior to July 1, 1990
Sick leave with pay may be granted to all probationary and regular employees within
the management group who are regularly employed in regular positions.
All management employees shall be granted sick leave with pay, up to a maximum
of sixty (60) calendar days per incident with no accumulation.
2. Notification
In order to receive compensation while absent on sick leave, the employee shall
notify his/her immediate supervisor prior to or within two hours after the time set for
the beginning of duties.
Certification by the employee's physician may be required in order to receive
compensation for sick leave over three (3) working days at one time, if an abuse of
sick leave is suspected or if an unusual pattern of use has been documented and the
employee has been counseled. This requirement is at the discretion of the
department Director
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3 Family Sick Leave
In the event of illness in the immediate family, an employee may use accrued sick
leave not to exceed forty-eight (48) hours in each fiscal year Immediate family shall
be designated as mother, father, spouse, domestic partner, brother, sister, and
children. Employee rnust notify supervisor in advance when such leave is being
taken and so note on his/her time card, as well as on a Request for Leave form. An
employee cannot use personal sick leave in place of Family Sick Leave.
B Groups 2-4 -- Manaqement and Confidential (Groups 2 and 3 hired after Auqust 1 ,1990)
1 Sick Leave Accrual
In addition to Group 4, this sick leave policy shall apply to all employees in Groups 2
and 3 hired after July 1, 1990, except as stated under Part A of this section.
Sick leave with pay may be granted to all probationary and regular employees within
the unit who are regularly employed in regular, full-time positions
For the purposes of computing sick leave, a working day shall be considered as 1/5
ofthe number of working or duty hours in the established workweek.
One (1) day sick leave shall be accrued for each month of employment, for a total of
twelve (12) working days per year
Sick leave shall be granted to an employee only for actual working time off
Accumulation of sick leave shall be unlimited.
2. Notification
In order to receive compensation while absent on sick leave, the employee shall
notify his/her immediate supervisor or the department Director prior to or within two
hours after the time set for the beginning of duties.
Certification by the employee's physician may be required in order to receive
compensation for sick leave over three (3) working days at one time if an abuse of
sick leave is suspected or if an unusual pattern of use has been documented and the
employee has been counseled. This requirement is at the discretion of the
department Director
3. Familv Sick Leave
In the event of illness in the immediate family, an employee may use accrued sick
leave not to exceed forty-eight (48) hours in each fiscal year Immediate family
shall be designated as mother, father, spouse, domestic partner, brother, sister, and
children. Employee must notify supervisor in advance when such leave is being
taken and so note on time card, as well as on a Request for Leave form. An
employee cannot use personal sick leave in place of Family Sick Leave.
S
4 Annual Conversion of Sick Leave
In the last full pay period of the fiscal year, an employee who accrues sick leave may
convert sick leave to cash under the following conditions:
a. After conversion, employee must have a minimum balance of 168 hours of sick
leave.
b Employee has used 32 hours or less of sick leave in the immediately preceding
12 months.
c. Employee can convert 50% of the annual sick leave accrual, less sick leave
used in the immediately preceding 12 months, up to a maximum of 40 hours.
Sick leave use includes use of family sick leave.
Example: employee used 16 hours in preceding 12 months
96 hours of annual accrual x 50% = 48 hours
48 hours - 16 used = 32 hours converted to cash
5 Payout of Sick Leave
After five (5) years of continuous employment with the City, and upon termination or
retirement, an employee will receive compensation for unused sick leave
a. Upon retirement, employee will receive 50% of all sick leave hours accrued.
Calculations will be at the employee's rate of pay at the time of retirement and
will not exceed $5,000. Employees in Group 1 Management, or covered by that
sick leave plan, will also be covered by this provision. Their number of hours
will be calculated using one day a month accrual rate for each full month of
service, less the cumulative numbers hours of sick leave used during their
employment by the City
b. Upon leaving the employ of the City for other than retirement, employee will
receive 50% of all sick leave hours accrued. Calculations will be at the
employee's rate of pay at the time of termination and will not exceed $2,000
c. Upon the death of an employee, compensation for unused sick leave shall be at
the same rate as the retirement benefit. Payment shall be made to the
employee's designated beneficiary
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Section 4. Holidavs
A. Desiqnated Holidavs
The holidays for employees in the management/confidential group are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday-January
President's Day 3rd Monday-February
Memorial Day Last Monday-May
Independence Day July 4
Labor Day 1 st. Monday-September
Veteran's Day November 11
Thanksgiving Day 4th ThursdaycNovember
Day alter Thanksgiving Fourth Friday-November
Christmas Day December 25
Holidays falling on Sunday shall be observed on the following Monday Holidays falling on
Saturday shall be observed on the preceding Friday and shall be considered as the legal
hol iday
To be eligible for holiday pay, an employee must be in a paid status on the day before and
the day after a holiday
B Holiday Pav
For the purpose of computing holiday pay, a working day shall be considered as 115 of the
number of working or duty hours in the established workweek.
Employees in this unit shall be paid holiday pay, whether on or off duty on the holidays
above. If a Group 3 or 4 employee works on a holiday, he/she will also be compensated
for the hours worked at the Tate of two (2) times the employee's regular rate of pay
Section 5. Bereavement Leave
In the event of a death in the family, regular and probationary employees shall be eligible for up
to 5 days off with pay to attend the funeral or make funeral arrangements, subject to the
following provisions:
A. The relatives designated shall include father, mother, spouse, brother, sister, daughter,
son, grandparents, grandson, granddaughter, and brothers and sisters having one parent
in common. It also includes "in-law" relatives and those relationships generally called
"step" providing persons in such relationships have lived or have been raised in the family
home and have continued an active family relationship An employee may be eligible to
use bereavement leave for a person who has been living with the employee in the same
capacity as a spouse, provided the employee has previously notified the Human
Resources office in writing of the individual's name.
B Bereavement leave is not compensable when the employee is on leave of absence,
vacation, bona fide layoff, or for days falling outside the employee's regular work period.
7
C It is not chargeable against sick leave.
D All requests for paid bereavement leave shall be made in writing as soon as practical but
in no event later than the first day back to work, and shall be subject to approval of the
Human Resources Manager or designee.
E Employees on a flex work schedule shall be compensated for a nine-hour day for paid
bereavement leave, up to a maximum of forty (40) hours.
Section 6. Benefit Days
In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each
employee who has completed an initial probationary period shall have available two (2) benefit
days off each fiscal year One of these days will be known as Cesar Chavez Day and will
remain as an unscheduled benefit day until 10 other cities in San Diego County close their
offices in observance of this day, at which time it shall be observed asa fixed holiday on the day
so designated. The times at which an employee may take a benefit day off shall be determined
by the department Director with due regard for the wishes of the employee and particular regard
for the needs of the City Benefit days shall be taken in 8-hour increments. Remuneration for a
benefit day shall be in accordance with the schedule of pay for one working day of vacation. If
not taken by the end of the last full pay period of the fiscal year, the benefit day(s) shall be
forfeited. Employees who terminate employment shall be paid in a lump sum for the value of all
unused benefit days.
Section 7. Jurv Duty
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated shall
be in accordance with City policy and the Personnel Rules.
Article 3. Payroll and Work Week
Regular paydays are designated as every other Friday for the two-week period ending the
previous Sunday In no event will the City advance pay, including pay for earned vacation,
without the prior written approval of.the City Manager
A. Groups 1. 2A and 2B -- Manaqement
1 It is recognized that employees in these groups may be required to work hours in
excess of 40 hours in a work week, and it is agreed that employees in this group shall
not be remunerated for such work beyond the current monthly salary rate of the
individual employee, but for the purposes of computing benefits, the regular number of
working or duty hours in a work week from Monday through Sunday is established at
40 hours for all full-time employees in the group
2. Chief Officers within the Safety Services Department (Director of Safety Services and
Fire Division Chief) will be provided supplemental compensation at a straight time
hourly rate, for hours worked outside of scheduled work hours when assigned to a
mutual aid incident and reimbursement funding is received by the City Payment will
occur upon City's receipt of reimbursement funds and at no time shall payment exceed
the reimbursement amount received by the City The City Manager must approve the
supplemental compensation
8
B Groups 3 and 4 -- Professional/Confidential
1 Work Week
The regular number of working or duty hours in a workweek from Monday through
Sunday is established at 40 hours for all full-time employees in the unit.
For employees regularly working less than 40 hours in one week, or designated as
part-time or temporary employees, the regular number of working or duty hours in a
work week shall be that number of hours for which they are scheduled to work.
2. Overtime
For full-time employees, unscheduled hours worked on Sundays and holidays shall
be paid at double the employee's rate of pay
Employees in this group shall be paid one and one-half (1-1/2) times their hourly rate
of pay for all hours worked in excess of an 8-hour day or a 40-hour workweek.
3 ComDensatorv Time Off (CTO)
The times at which an employee may take compensatory time shall be determined
by the department Director with due regard for the wishes of the employee and
particular regard for the needs of the City Compensatory time off, in lieu of
overtime, shall be taken as one and one-half (1-1/2) hours off for each overtime hour
worked. The maximum accumulation of compensatory time off shall be 80 hours;
however, the accumulation of hours shall be reduced to 40 hours at the end of the
fiscal year, and the employee shall be compensated for the excess. accumulation in a
cash payment.
Said cash payment may only occur as part of the final pay period of the fiscal year in
which the compensatory time off was accrued. In the event an employee accrues 80
hours of compensatory time in anyone fiscal year, the employee will be ineligible to
work overtime for compensatory time off for the remainder of that fiscal year and will
only be eligible for cash compensation for overtime worked for the remainder of the
fiscal year
4 CTO Carryover
Employees may request in writing to carryover compensatory time not to exceed 40
hours for a period of 90 days to be used for summer vacation purposes. Such
requests shall state the amount of compensatory time to be used in conjunction with
vacation time that is planned and approved for use within the 90-day period. The
request must be approved in writing by the department Director If the compensatory
time is not used within the 90-day period, it will automatically be paid out in cash at
the employee's rate of pay in effect the last full pay period of the immediately
preceding fiscal year
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C Flexible Work Hours
The City agrees to make available a fiexible work schedule. Work schedule and operating
conditions will be determined by the City to insure all necessary service can be maintained
without adverse impacts. Continuation of the program will be at the discretion of the City
Manager It is understood that it may not be possible to extend this schedule to all
operations of the City due to service needs.
Article 4. Benefits
Section 1. Hospital and Medical
Groups 1-4 -- Manaqement/Confidential
The first day of the month following date of hire, an employee, upon proper application and
acceptance, shall be covered by h!lalth and dental benefits with coverage as set forth from time
to time in the agreement between the City and the carrier(s).
Health benefit premiums for each employee shall be paid in full by the City
Dependents of each employee may also be covered by health benefit coverage, upon proper
application and acceptance. The cost of dependent coverage of the medical and dental plan
will be shared equally between the City and the employee The employee's share of the cost
will be made through payroll deduction. The parties to this Agreement agree to work with the
City Insurance Committee to keep the overall cost future premium increases to a minimum.
Section 2. Eye Care
The City will provide an eye care plan. The City shall pay 100% of the premium for the
employee and dependent coverage.
Section 3. Life Insurance
Groups 1-4 -- Manaqement/Confidential
The first day of the month following date of hire, an employee, upon proper application and
acceptance by the insurance carrier, shall be covered under a group life insurance plan for the
amount of one and one half times annual income ($15,000 minimum).
The City pays 100% of the premium.
Section 4. Deferred Compensation - All Groups
In addition to the City's existing 457 deferred compensation plan, the City will provide a 401 (a)
Deferred Compensation Plan. The City shall contribute to the 401 (a) Deferred Compensation
Plan on behalf of the employees as follows: $129.31 per Group 1 employee per biweekly pay
period, $106.23 per Group 2A employee per biweekly pay period, $8777 per Group 2B
employee per pay period, and $69.21 per Group 3 and Group 4 employees per biweekly pay
period. Employees shall be entitled to receive credits for their 401 accounts only alter the
completion of each full pay period. Only full-time employees shall be eligible for this benefit and
shall have the following vesting rights to the contributions made to the plan. Employees hired
on or before June 30, 2004, shall be fully vested alter the completion of one year of City service.
10
Employees hired on or after July 1,2004, shall be vested as follows:
From date of hire until second anniversary - 0% of accumulated value
Second anniversary of employment - 20% of the accumulated value
Third anniversary of employment - 40% of the accumulated value
Fourth anniversary of employment -60% of the accumulated value
Filth anniversary of employment - 80% of the accumulated value
Sixth anniversary of employment - 100% of the accumulated value
Employees may make other contributions to the plan as provided for in the plan and in
accordance with applicable federal and state laws.
Section 5. Lonq-Term Disability Income Insurance
This employee benefit provides for the payment of a monthly income benefit payment for those
covered employees totally disabled by injury or sickness as determined by the insurer
A. Group 1 -- Manaqement
This benefit shall apply to all employees in Groups 2 and 3 who were hired prior to July 1,
1990, and to those employees whose positions or transfers to the management group
were announced prior to July 1, 1990
The monthly benefit provided under this coverage will be 66-2/3% of the employee's
monthly earnings to a maximum of $10,900 per month. The insurance carrier is
responsible for calculating the exact benefit amount, based on each individual's income
status.
The insurance carrier for this coverage requires a 60-day waiting period from the first day
of the disability to the beginning of the monthly benefit payment period.
Monthly benefits are paid, with certain exceptions, as explained in the certificate of
insurance, until the recovery from the injury or sickness or until the employee reaches age
65.
The City pays 100% of the premium.
B. Group 4 - Confidential
This benefit shall also apply to all employees in Groups 2 and 3 hired alter July 1, 1990,
except as stated under Part A of this section.
The monthly benefit provided under this coverage will be 66-2/3% of the employee's
monthly earnings to a maximum of $9,500 per month. The insurance carrier is responsible
for calculating the exact benefit amount, based on each individual's income status.
The insurance carrier for this coverage requires a 30-day waiting period from the first day
of the disability to the beginning of the monthly benefit payment period.
Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance
handbook, until the recovery from the injury or sickness or until the employee reaches age
65.
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The City pays 100% of the premium.
An employee may use sick leave and vacation to supplement coverage under this benefit
up to, but not in excess of, 100% of his/her regular rate of pay
Section 6. Workers' Compensation Insurance
All employees in the group (regular, temporary and part-time) are covered by Workers'
Compensation Insurance from the date of employment. Premiums will be paid by .the City
Any employee shall, upon receiving a work-sustained injury, report the incident immediately to
his department Director
The filing of the accident report as required by'the Workers' Compensation Insurance Fund shall
be the responsibility of the employee's supervisor
An employee of the City who is or may be entitled to temporary disability indemnity under
Division 4 or Division 4.5 of the Labor Code shall receive any accumulated sick leave or
accumulated vacation for such absence. The City shall decrease the charge of sick leave or
vacation in the amount of temporary disability payment received so that the employee shall not
receive payment in excess of full salary or wage.
If the employee does not wish to use accumulated sick leave or accumulated vacation, the
employee shall notify the City within five (5) days alter the injury is reported to the City After
the five (5) days, the employee's accumulation shall be used until the date the employee notifies
the City in writing that he/she no longer wishes to use the accumulations. When computing sick
leave or vacation under this policy, the employee shall be given credit for any holidays that
occur during the period of absence hereunder
The employee is, nevertheless, entitled to medical, surgical, and hospital treatment as provided
in the Labor Code When the employee-s accumulated sick leave or vacation, or both, are
exhausted, the employee will still receive disability indemnity for which he/she is otherwise
entitled.
If an employee is receiving Workers' Compensation and not actively on the payroll, the City shall
collect from the employee the employee's costs of insurance, and the City shall pay the
employer's costs of insurance. During such leave, no contributions shall be made to the
retirement plan.
Section 7 Unemployment Insurance/State Disability Insurance
The City does not participate in the State Disability Insurance program.
Section 8. Flexible Benefits Proqram
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statues in
order to provide employees the greatest possible tax benefit.
Included in the Flexible Benefits Program, hereinalter the "Program," are reimbursement
accounts for medical and dental plan deductibles and co-payments, orthodontia, hearing exams
and aids, vision care, and other health care expenses not covered by existing medical and
dental coverage.
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Additional elements of the Program may include reimbursement accounts consisting of
child/dependent care, before and after school care, long-term disability and other viable options.
Section 9. Part-Time Employee Benefits
Employees working less than full time will have their benefits pro rated to the ratio of the hours
they work to 2,080 hours.
Article 5. Special Pay
Section 1. Tuition Reimbursement
The actual cost paid for tuition, books and required technical supplies and equipment, to a
maximum of $1 ,500 per fiscal year per employee, will be refunded to all regular City employees
for professional and technical courses in accredited educational institutions provided that:
A. The employee has received at least a satisfactory rating on his/her last performance
report.
B The subject matter of the course relates directly to and contributes toward the
performance of the employee's position with the City
C. The employee must submit a Request for Refund of Tuition and Cost of Books form to the
department Director and Human Resources within three (3) weeks after the beginning of
the class.
D Before receiving reimbursement the employee shall furnish detailed proof of payment and
shall provide evidence that he/she has completed the course with a grade of "C" or'better
in undergraduate work or a'grade of "B" in graduate work. A grade of "C" or better will ,be
accepted for graduate work from institutions where an average grade of "C" is acceptable
for graduation. A "pass" will be accepted for classes where a pass/fail grading system is
used.
Section 2. Uniforms and Equipment
The City will provide and maintain all uniforms that are required by the City for management
employees in Public Works, Safety Services, and Community Services. Employees of Public
Works, Development Services, and Community Services, who are required to wear safety
shoes, will be reimbursed a maximum of $170 per fiscal year
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Section 3. Actinq Pay
A. Groups 1-3 -- Manaqement
An employee acting for an uninterrupted period of thirty (30) or more calendar days in a
higher classification or rank, will be compensated at the rate of pay for that higher
classification or rank alter the expiration of thirty (30) calendar days. This provision does
not apply to bona fide education, training and development, job enlargement, or job
enrichment.
B. Group 4 - Confidential
1 Full Responsibility:
An employee specifically assigned on a temporary basis to the full range of duties of a
higher level position in which there is no appointed incumbent or in which the
incumbent is on paid or unpaid leave shall be compensated at the "A" step rate of pay
for the higher level position if the service in such position exceeds fifteen (15)
consecutive working days. Payment shall be retroactive to the first day of such
services. The full range of duties of the higher level position shall be specifically
assigned in writing by the department Director or designee on a form provided by the
City Under no circumstance shall the rate of compensation be less than five percent
(5%) above the employee's current rate of pay
2. Partial Responsibility:
An employee specifically assigned to perform a portion of the duties of a higher level
position for filteen (15) or more consecutive working days shall have the increased
pay level determined by the City Manager in relation to the degree of the additional
responsibility the employee is asked to assume. In no event shall the pay be more
than five percent (5%). The assignment shall be in writing by the department Director
or designee on a form provided by the City
3. At the conclusion of such an assignment, the employee shall be restored to his/her
former classification regardless of the time involved. The employee may also be
considered for promotion to the higher position on a regular status if it were deemed
by the City to be vacant. This provision shall not apply to bona fide education, training
and development, job enlargement or enrichment. The employee will be notified in
advance as to the nature of this assignment.
Section 4. Phvsical Examinations
Physical examinations required by the City as a condition of employment or continued
employment shall be paid for by the City
Section 5. Travel Expenses
A. Group 1-2A -- Manaqement
An automobile allowance in lieu of mileage shall be allocated in the amount of $375 and
$200 per month for personnel in Groups 1 and 2A, respectively The automobile allowance
is not applicable to employees who have been assigned a City vehicle. The City Manager
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may grant a $200 per month auto allowance.to employees outside Groups 1 and 2A when,
in his/her best judgment. it serves the City The City Manager may at his/her discretion
increase the $200 per month auto allowance by a maximum of $100 based upon
excessive driving requirements for an individual position.
B Groups 2B, 3 and 4- Manaqement/Confidential
1 Prior approval of the department Director and final approval of the City Manager shall
be required prior to reimbursement for travel expenses.
2. Employees using their own vehicle on approved City business travel will be
reimbursed at the approved IRS reimbursement rate.
3. Employees on approved official business away from the City will be reimbursed for
actual and necessary expenses incurred.
4 In order to be reimbursed, employees must include original receipts for all expenses
with the reimbursement claim form.
5 Advances of travel expenses may be allowed at the sole discretion of the City
Manager
Article 6. Service
Section 1. Transfers
An employee transferring from this group to a recognized employee unit shall maintain all pay
and benefits accrued in this group, and upon the effective date of transfer therealter be
governed by the provisions of any policy and/or agreement in effect for such other recognized
employee unit.
Section 2. Layoff and Reemployment
Groups 1_3 -- Manaqement and Group 4 -- Confidential
The City may abolish any position or employment and the employee may be laid off without
taking disciplinary action and without the right of appeal.
Whenever it becomes necessary to reduce the number of employees in any classification, the
order of the layoff shall be as follows:
In order of seniority, the employee with the shortest service in total City service in the affected
classification shall be laid off first
A. In the event of two (2) or more employees having identical total City service seniority, the
order of the layoff will be determined by length of continuous service in the affected
classification.
B Whenever two (2) or more employees have identical service in the affected classification,
the order of the layoff shall be determined by the City Manager on the basis of
15
performance.
C Employees to be laid off in a particular classification have the right to demote to a lower
classification to a position previously held with the City for which the employee meets the
minimum qualifications, is capable of performing the essential functions of the position,
and has City seniority over other employees in the lower classification. This will also apply
to employees to be laid off in a particular classification who have demoted from a higher
classification due to non-disciplinary reasons. Such employees shall be placed on the
seniority list for the higher classification provided they still meet the minimum
qualifications, are capable of performing the essential functions of the position, and have
City seniority over other employees in the higher classification.
D The name of each laid-off employee shall be placed on a reemployment list for a period of
12 months in reverse order of the layoff Employees who are laid off who have received
two out of three consecutive annual performance evaluations which are rated below
standards or needs improvement will be placed at the bottom of the reemployment list in
reverse order of the layoff.
Section 3. Resiqnations
Groups 1-4 -- Manaqement/Confidential
An employee in this group wishing to resign in good standing shall file with the City Manager a
written resignation stating the effective date and reasons for resignation at least fourteen (14)
calendar days prior to the effective date of resignation.
The City will pay an employee for all hours worked on the next regular payday after resignation,
and thereafter will pay all accumulated reimbursable benefits as early as feasible
An employee who has resigned with a good record will be given preferential consideration for
rehire if a position is available. Decision to rehire is at the discretion of the City, and the
employee will not reestablish rights and/or benefits lost at the time of resignation.
An employee with five (5) years service, who resigns in good standing and is reemployed within
a two (2) year period to the same or equal position previously held, shall be eligible to earn and
use vacation, sick leave, and other benefits to which they are otherwise entitled as if there had
been no break in service.
Article 7. Retirement and Social Security
Section 1. CalPERS
The City will provide retirement benefits through the Public Employees' Retirement System
(CaIPERS). The City does not participate in the Social Security' System, except as required by
law
The City will pay seven percent (7%) of the employee's contribution into the CalPERS in
addition to the normal employer's contribution. The seven (7%) percent payment shall be made
to CalPERS in the name of the employee to be credited to the employee's account with
CaIPERS.
The City shall make available under its contract with CalPERS the following provisions:
1 the Third Level 1959 Survivors Benefits;
16
2. the retirement option known as 2%at55 formula;
3. the One Year Final Compensation option; and
4 the Employer Paid Member Contribution (EPMC) option for employees in Group 1
and Group 2A, for which the City will pay and report 100% of the value.
Section 2. PARS
Upon retirement from the City concurrent with retirement under CaIPERS, the City also provides
a supplemental retirement benefit through the Public Agency Retirement System (PARS) to
non-safety members of Groups 1-4 When combined with CaIPERS, this is equivalent to the
2.7% at 55 formula retirement benefit. For employees hired on or after March 28, 2008, this
benefit shall only apply to years of service with the City of Pow,ay For employees hired before
March 28, 2008, this benefit applies to Poway and all prior CalPERS or reciprocal service with
previous public agencies.
The PARS supplemental benefit applies as follows.
1 Non-Safety Group 1
a. is at least 55 years of age, and
b. has completed at least 5 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 5 years
of service with the City
2. Non Safety Group 1
a. was an employee of the City on or before March 28, 2008,
b is at least 50 years of age, and
c. has completed at least 20 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 20
years of service with the City
3 Non-Safety Groups 2-3'
a. is at least 55 years of age, and
b. has completed at least 10 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 10
years of service with the City
4 Group 4 if hired before March 28, 2008'
a. is at least 55 years of age, and
b has completed at least 10 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 10
years of service with the City
5 Group 4 if hired on or after March 28, 2008.
a. is at least 55 years of age, and
b has completed at least 20 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 20
years of service with the City
Article 8. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of the
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City of Poway
M:\O.I,ector\personnel\Np.goliations 2007\Mantlfjemenl-Confi<lential\Solary onli Benefits 2008.r.nCA
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SALARY SCHEDULE IN PREPARATION PHASE
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Corrected
April 8, 2008
ORDINANCE NO 624
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
ADDING CHAPTER 1226 TO THE POWAY MUNICIPAL CODE
TO RESTRICT AUTOMOBILE DEALERSHips FROM THE
USE OF STREETS FOR VEHICLE DELIVERY
WHEREAS. transport trucks that load or unload automobiles, trucks, or other
vehicles on public streets .for delivery to, or shipment from, auto dealerships block traffic
and create traffic hazards which endanger the health and safety of the motoring public
and pedestrians, and
WHEREAS, automobile dealerships are commercial operations which, except as
otherwise authorized by law, are required by Title 17 of the Poway Municipal Code
to confine their commercial activities to private property zoned for commercial activity;
and
WHEREAS, it is not reasonably necessary for automobile dealerships to accept
delivery of yehicles from automobile transport trucks, or to authorize the loading of
vehicles onto such trucks, while stopped or parked on a City street becaUse the City of
Poway owns and provides a lot within the City to automobile dealerships as a place to
load, unload, and store vehicles, and
WHEREAS, the City purchased the lot, caused improvements to be made
thereto, and provides the lot to the dealerships in the City for the principal purpose of
eliminating the dealerships' need to load and unload vehicles in the right-of-way of City
streets, and
WHEREAS, several automobile dealerships in the City have formed an
association and leased that lot for the purpose of eliminating street loading and
unloading of vehicles, and increasing vehicle inventories within the City; and
WHEREAS, loading and unloading facilities are available at that lot for all
dealerships, whether or not they are members of the association, and whether they sell
new or used vehicles, and
WHEREAS, the General Managers of automobile dealerships control the
operations on the dealership premises and have the power and authority to prohibit
dealership employees from receiving onto the premises, or shipping from the premises,
automobiles which have been unloaded from, or will be loaded onto, transport trucks
stopped in the right-of-way of City streets, and
WHEREAS, California Constitution Article XI, Section 7 authorizes the City to
make and enforce within its limits all local, police, sanitary and other ordinances not in
conflict with general laws
Ordinance No 624
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS
Section 1: Chapter 12.26 is hereby added to the Poway Municipal Code to read as
follows.
Chapter 12.26
AUTOMOBILE DELIVERIES
12.26.010 Definitions
A. For purposes of this Chapter, "automobile" means any vehicle
commonly known as an automobile, car, or pickup truck.
B For purposes of this Chapter, "General Manager" means a person,
regardless of the job title or description, who has discretionary powers to
organize, direct, carry on, or control the operations of the automobile
dealership, including, but not limited to, the loading and unloading of
automobiles of the dealership
12.26.020 Prohibition
A. No General Manager of an automobile dealership shall allow,
permit, or authorize the receipt onto the automobile dealership's premises of
an automobile which has been unloaded in the right-of-way of a public or
private street from a truck which has the capacity to transport more than one
such automobile
B No General Manager of an automobile dealership shall allow or
authorize the shipment from the automobile dealership's premises of an
automobile which will be loaded in the right-of-way of a public or private
street onto a truck which has the capacity to transport more than one such
automobile
12.26;030 Exceptions
Nothing in Section 12.26020 shall prohibit the loading or unloading of
automobiles wholly within the boundaries of the privately-owned premises of
an automobile dealership or wholly within the boundaries of an automobile
storage lot approved by the City for such purpose
Ordinance No 624
Page 3
12.26.040 Designation of General Manager
Within thirty ,(30) days of the effective date of this Ordinance, the pwner of
each automobile dealership located within the city limits of the City of Poway
shall file with the Code Compliance Officer of the City the name of the
General Manager of the dealership, and shall, within thirty (30) days of the
employment of a different General Manager thereafter, file with the Code
Compliance Officer of the City the name of that General Manager
12.26.040 Violations
A violation of Section 12.26 020 shall not require that the General Manager
have actual knowledge of the circumstances of the loading or unloading of
any particular automobile A violation of any provision of this Chapter or a
failure to comply with any mandatory requirement of this Chapter is subject
to prosecution in accordance with Chapters 1 08 and 1 10 of this Code and
may be enforced through injunctive relief against the owner or General
Manager of the dealership
Section 2: If any portion of this Ordinance is determined to be unconstitutional or
othervvise contrary to law, that portion will be severed, and the remainder will continue in
full force and effect.
EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after the
date of its passage Before the expiration of fifteen (15) days after its passage, it shall
be published once with the names of members voting for and against it in the Poway
News Chieftain, a newspaper of general circulation published in the City of Poway
Ordinance No 624
Page 4
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 28th day of June 2005, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 19th day of July 2005, by the following roll
call vote
AYES EMERY, HIGGINSON. CAFAGNA
NOES NONE
ABSENT BOYACK, REXFORD
DISQUALIFIED' NONE
Michael P Cafagna, Mayor
ATTEST
Penny Riley, Deputy City Clerk