CITY OF EMERYVILLE/
MANAGEMENT OF EMERYVILLE SERVICES
AUTHORITY
COMPENSATION and BENEFITS PLAN
For
UNREPRESENTED EMPLOYEES
EFFECTIVE: March 2024
(Where conflicts exist, the provisions of this document supersedes those outlined in the City of Emeryville/MESA Personnel Rules and Regulations) Unrepresented Compensation and Benefit Plan
Amended March 2024
2 TABLE OF CONTENTS
SECTION I. CLASSIFICATIONS..............................................Error! Bookmark not defined.
SECTION II. COMPENSATION..................................................Error! Bookmark not defined.
SECTION III. BENEFITS............................................................Error! Bookmark not defined.
SECTION IV. PAID TIME OFF...................................................Error! Bookmark not defined.
APPENDIX A – MONTHLY WAGE SCHEDULE.....................Error! Bookmark not defined.
APPENDIX B – HOURLY WAGE SCHEDULE.........................Error! Bookmark not defined.
Unrepresented Compensation and Benefit Plan
Amended March 2024
3 SECTION I. CLASSIFICATIONS
The classifications that are participating in this Compensation and Benefit Plan for Unrepresented Employees are those identified below:
Department Heads Management
Assistant City Manager
Director of Human Resources
Human Resources Manager
Police Officer Trainees Temporary/Part-time
Police Officer Trainees Intern
Pool Manager
Public Service Employee
Recreation Leader
SECTION II. COMPENSATION
A. Compensation Policy
The City of Emeryville/MESA's (herein referred to as Employer) policy is to establish and maintain a general structure based on marketplace norms and internal job values with pay ranges. Salary ranges will be reviewed and updated as necessary based on marketplace survey data, internal relationships, and financial conditions.
B. Basic Plan Elements Structure
The compensation plan includes separate salary ranges for Department Heads, Management, Police Officer Trainees and temporary/seasonal unrepresented employees. Each salary range, which represents the range of what the Employer is willing to pay for the performance of a set of duties and responsibilities, is typically a 25% spread for non-exempt classifications, and a 35% spread for exempt classifications, from the minimum to the maximum rate. All unrepresented employees covered by this Compensation Plan will be paid a salary within the range, as determined by performance.
C. Cost of Living Adjustments for Department Head, Management and Police Officer Trainee Positions.
Effective the first full pay period following City Council approval of this agreement, all unrepresented Department Head, Management and Police Officer Trainee positions shall receive a salary increase of three and a half percent (3.5%).
In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three and a half percent (3.5%) salary increase (including all premium pays) for the period of July 1, 2023, through the implementation of the three and a half percent (3.5%) salary increase referenced above.
Unrepresented Compensation and Benefit Plan
Amended March 2024
4 Effective the first full pay period in July 2024 all unrepresented Department Head, Management and Police Officer Trainee positionsshall receive salary increase of three and a half percent (3.5%).
Effective the first full pay period in July 2025, all unrepresented Department Head, Management and Police Officer Trainee positionss shall receive salary increase of three and a half percent (3.5%).
D. Recruitment and Retention Adjustments for Department Head, Management and Police Officer Trainee Positions
Effective the first full pay period following City Council approval of this agreement, all unrepresented Department Head, Management and Police Officer Trainee positionsshall receive a recruitment/retention market adjustment increase of one and a half percent (1.5%).
In addition to the increase, the City will provide a one-time lump sum payment equivalent to the value of a one and a half percent (1.5%) salary increase (including all premium pays) for the period of July 1, 2023, through the implementation of the one and a half percent (1.5%) recruitment/retention market adjustment increase referenced above.
Effective the first full pay period in July 2024 all unrepresented Department Head, Management and Police Officer Trainee positions shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).
Effective the first full pay period in July 2025, all unrepresented Department Head, Management and Police Officer Trainee positions shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).
E. Cost of Living Adjustments for Temporary/Part-time classifications Effective the first full pay period following City Council approval of this agreement, the salary ranges for unrepresented temporary/part-time classifications shall be increased by five and six tenths percent (5.6%).
SECTION III. BENEFITS
A. Group Health and Welfare Benefits (for Department Head, Management and Police Officer Trainee Classifications only)
1. Medical Benefit
The Employer shall continue to contract with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical benefits for eligible active employees, eligible retired employees and eligible survivors of retired employees.
The Employer shall provide a contribution to the flexible benefits plan (Section 125 Cafeteria Plan) for each full-time active employee in regular or probationary Unrepresented Compensation and Benefit Plan
Amended March 2024
5 status enrolled in one of the CalPERS medical insurance plans offered by the Employer in accordance with Government Code Section 22892.
Effective the first full pay period following Council approval, the Employer will pay 90% of the selected plan premium, which includes the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).
Effective the first full pay period following Council approval, the employee will pay 10% of the selected plan premium which shall be withheld from the employee's salary by the Employer on a pretax basis.
2. Medical In-Lieu/Alternate Benefit
Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section III of this Compensation and Benefits Plan under the following terms. Eligibility for receipt of alternative benefits is restricted to those employees for whom no Employer contribution is made towards premiums for group medical insurance because of coverage said employees have from a source other than the Employer. Written proof of said coverage is required by the Employer. Employer Contribution.
The Employer shall contribute ninety percent (90%) of the Kaiser - Region 1, single party premium per month for alternate benefits for eligible full-time employees who select medical-in-lieu/alternate benefits.
Available Benefits. Contributions made by the Employer may be applied by the employee to one or both of the following options:
1. A supplement to the employee's monthly salary. State and Federal taxes will be withheld on any monies applied to this option.
2. Contribution to the Deferred Compensation Plan currently in effect for represented employees, as governed by IRS regulations, must be made on an after-tax contribution basis.
3. Dental Benefit
The Employer shall purchase and pay the full cost of coverage for employee and eligible dependent up to the family level. The Employer reserves the right to provide dental care benefits under a plan or through a carrier of its choice.
Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing dental care benefits for employees; or through a program of self-insurance.
4. Vision Benefit
The Employer shall pay the full cost of coverage for employee and eligible dependent up to the family level under the Vision Service Plan (VSP). The Employer reserves the right to provide vision care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing vision care benefits for employees; or through a program of Unrepresented Compensation and Benefit Plan
Amended March 2024
6 self-insurance.
5. Reservation of Rights
The Employer reserves the right to provide medical, dental or vision care benefits under a program other than that offered through the CalPERS or other existing benefit arrangements at any time during the term of this Plan. Alternate coverage may be provided through a consortium of public agencies or private Employers which may be formed for the purpose of providing medical, dental and vision care benefits for employees; or through a program of self-insurance.
If, at anytime, the Employer reaches an agreement with the recognized employee organizations for the City’s miscellaneous represented employees, whereby premium caps are set at a rate higher than those listed above, the Employer agrees to revisit the medical plan premium share arrangement for unrepresented employees provided for in this Compensation and Benefits Plan document.
6. Health Care Legislation.
In the event that either the State of California or the federal government produces legislation which requires a change in the benefits provided under this Plan, or imposes an employee or an Employer contribution requirement toward the cost of such benefits, Employer shall have the right to adjust its contributions so that its total contribution is no greater than is required under this Plan and shall have a duty to provide any benefits lost through such legislation through a supplemental health plan. In the event that the cost of such additional benefits exceeds the total Employer contribution required by this Plan, employees will be informed of alternative plan design which conforms with the legislation and any necessary adjustments in contribution levels for both Employer and the employees covered hereunder.
7. Employee Assistance Program
Employees are eligible to participate in a free, confidential counseling and referral service designed to help them or members of their immediate household resolve personal problems that may be interfering with work and home life. The plan provides a set number of visits per year, at no cost to the employee or eligible family members.
B. Miscellaneous Benefits (for Department Head and Management and Classifications only)
1. Life Insurance
The Employer shall pay the entire cost of providing each regular and probationary full-time employee with group term life insurance equal to the individual's annual base salary (rounded to the next highest $1,000). This policy will include Accidental Death & Dismemberment coverage, and the right of conversion at the time of termination from employment to a form of permanent coverage without medical restrictions, to the extent allowable by the insurance carrier and the law.
The payment for such converted coverage shall be the sole responsibility of the individual electing such coverage.
Unrepresented Compensation and Benefit Plan
Amended March 2024
7 For Permanent Part-Time employees, the Employer shall provide group term life insurance in an amount equivalent to the employee’s annualized salary, rounded to the nearest $1,000.
2. Flexible Spending (FSA) and Dependent Care (DCAP) Accounts Employer agrees to allow employees to designate a specific amount of salary, consistent with applicable public law, to be redirected each month to pay for Health Care and Dependent care costs on a pre-tax basis. The Employer will reimburse such employee on a monthly basis for health care and dependent care from such redirected funds, upon presentation to the designated third-party administrator of a claim and receipt for services rendered. Any unused funds will be administered in accordance with applicable Federal law. Federal law limits the circumstances under which an employee may elect benefits and change an election under the Flexible Benefits Plan.
3. Participation in the California Government Voluntary Employee Benefits Association (CALGOVEBA)
All employees in Department Head, and Management positions will participate in the CalGOVEBA ("VEBA") 501(C)9 Trust pursuant to the agreement attached as Exhibit B and may be amended from time to time pursuant to the requirements of such agreement. Participation will be subject to and governed by all IRS requirements applicable to the VEBA and employees will be subject to the provisions of such agreement as may be revised.
4. Retired Employees Health Benefits
The Employer shall contribute $32.20 each month on behalf of each eligible retired employee. Employees who retired prior to January 1, 1981 are eligible for medical benefits only. Employees who retired between January 1, 1981 and January 1, 1984 inclusive are eligible for Medical and Dental benefits only.
Employees who retire subsequent to January 1, 1984, are eligible for maximum medical, dental and vision care benefits in the amounts below:
Medical Dental Vision
Retiree $16.00 $20.00 $5.00
Retiree + One Dependent $16.00 $35.00 $8.68
Retiree + Two or more Dependents $16.00 $46.06 $8.68
As required by Government Code Section 22892, the City’s contribution toward medical benefits only shall increase as follows:
$157.00 per month for calendar year 2024.
The increases in the City’s mandatory contributions rate shall remain in effect only as long as required by law. For future calendar years, the City’s mandatory contributions shall be adjusted annually by the CalPERS board to reflect any change in the medical care component of the Consumer Price Index, and rounded to the nearest dollar.
Unrepresented Compensation and Benefit Plan
Amended March 2024
8 Retired employees who qualify for the Federal Government Medicare Benefits are eligible for Medicare Supplemental coverage only and may not elect any other medical insurance benefit. They remain eligible for dental and vision care benefits as provided herein.
Retiree Supplement Account
For employees hired prior to July 1, 2002, the Employer shall establish a Retiree Supplemental Benefit Account on behalf of each retiree that provides the following retiree benefits paid by Employer:
Medical Dental Vision
Retiree $153.00 $20.00 $5.00
Retiree + One Dependent $286.00 $35.00 $8.68
Retiree + Two or more Dependents $363.00 $46.00 $8.68
For employees hired on or after July 1, 2002, the Employer shall establish a Retiree Supplemental Benefit Account on behalf of each retiree with eleven (11) or more years of service. The combination of the Employer’s minimum Employer contribution and Retiree Supplemental Benefit Account shall not exceed the follows:
Medical Dental Vision
Retiree $153.00 $20.00 $ 5.00
Retiree + One Dependent $286.00 $35.00 $8.68
Retiree + Two or more Dependents $363.00 $46.06 $8.68
Additionally, in order to be eligible for this benefit, the employee's effective date of retirement must occur within one hundred twenty (120) days of the effective date of their separation from employment with the Employer and they must be enrolled in a medical, dental and vision care plan offered by the Employer. The surviving spouse of a retired employee who qualifies to receive these benefits is also entitled to receive the benefits in the event (a) they were designated by the employee prior to the employee's retirement, to receive a survivor benefit under the California Public Employees' Retirement System (CalPERS) plan, and (b) they are receiving said survivor benefit, and (c) they are a member of a medical, dental and vision plan offered by the Employer of Emeryville. In the event a retired employee has designated more than one survivor who satisfies the above criteria, benefit payments made pursuant to this Section shall not exceed the monthly amount recited above for all such eligible survivors of the employee.
Eligible employees are those who retire from the Employer for service or disability and who have been employed continuously by the Employer.
5. Long Term Disability Insurance
The Employer shall provide, at no cost to full-time active regular employees, longterm disability (LTD) insurance with a benefit of 60% of the employee’s monthly salary, up to a benefit cap of $10,000 per month, less any other income.
Unrepresented Compensation and Benefit Plan
Amended March 2024
9 6. Technology Stipend
An eligible employee who is required by the Employer to use a mobile communications device (e.g. cellular phone) in the course of their regular duties and who is not provided with such a device by the City for such use may apply for and prospectively be paid a payment of forty dollars ($40) per month to partially offset the employee’s cost of providing and using their personal device for City business. The payments will commence prospectively not later than the first of the month following their supervisor’s receipt of the employee’s application. To qualify for the payment, the employee must sign and submit a Cellular Phone Authorization Form to their supervisor for processing and an acknowledgement that the employee has an affirmative duty to provide the employer, at the employer’s request, with all records on the device pertaining to City business.
City rules concerning conduct related to the use of communications devices that apply to the use of City-owned communications devices will apply equally to the use of the employee’s personal device for City business. The City Manager or their designee will review approved applications not less than annually for the purpose of identifying employees that no longer qualify for a monthly stipend, and ensuring that such stipends are terminated.
7. 457 Deferred Compensation Contribution
Department Heads and Management positions shall have deposited into their 457 Deferred Compensation account a flat amount of twenty-five dollars ($25) in the first full pay period following each full month of employment. To be eligible for the City contribution, the employee must be enrolled in the Employer City 457 Deferred Compensation Plan on the date of payment and must have been in a paid status for all of the month prior to the date of payment.
C. Miscellaneous Benefits (for Department Head Classifications only)
1. Automobile Allowance and/or Uncompensated Expense
Department Head classifications whose duties require the regular use of their personal vehicle, may be authorized a maximum payment of $275 per month.
Retirement
The Employer will contract with the California Public Employee Retirement System (“CalPERS”) for the “2% at 60” benefit formula, with a three (3) highest years compensation base for pension calculation, for eligible employees who are employed in classifications deemed eligible by CalPERS to participate in the CalPERS “miscellaneous” pension benefit system.
Unrepresented employees participating in the CalPERS miscellaneous pension benefit system will pay seven percent (7%) of their CalPERSable wages toward the CalPERS employee contribution.
Employee contributions made directly toward the CalPERS employee contribution Unrepresented Compensation and Benefit Plan
Amended March 2024
10 for services rendered shall be made on a pre-tax basis to the extent permitted under Internal Revenue Code Section 414(h). The Employer will not treat employer contributions toward the CalPERS employee contribution as compensation subject to income tax withholding unless required to do so by applicable local, state or federal law. Each employee shall be solely and personally responsible for any Federal, State or local tax liability of the employee that may arise out of the implementation of this section or any penalty that may be imposed therefore.
Effective January 1, 2013, newly hired employees that are considered “new members” in accordance with the Public Employee Pension Reform Act (PEPRA) will be enrolled under the CalPERS Miscellaneous Employee 2% @ 62 retirement formula plan (average of highest three (3) years compensation earnable and Level III Survivor Benefits plan), in accordance with applicable law and PEPRA. Employees enrolled in the 2% @ 62 shall contribute to the CalPERS each pay period one half the normal cost which is currently eight and a quarter (8.25%) of “PERSable” compensation toward the CalPERS employee contribution rate.
2. Severance
Employees in “at-will” positions, as defined in the Personnel Rules and Relations for the Employer, are eligible for severance pay, equivalent to one (1) week pay for every year of service, up to a maximum of eight (8) weeks of pay, when released from employment for non-disciplinary reasons.
Severance pay shall be calculated on the basis of employee's regular straight time (hourly equivalent) rate at the time of separation, shall be paid in a lump sum, and shall not be counted as time worked for the purpose of qualifying for employment benefits.
4. Health and Wellness
Eligible employees may participate in city-sponsored activities at the Emeryville Center for Community Life (ECCL) at the posted Emeryville City resident rate as established, revised, and implemented from time to time at the discretion of the Employer.
IV. PAID TIME OFF
1. Vacation (for Department Heads and Management Classifications only) An employee shall accrue vacation leave from the date of the employee's regular appointment by the Employer, each month at the rates enumerated below. Except that the City Manager has sole authorization to credit new employees with additional week(s) per year for relevant service with a prior employer. Such accrual and credit may not exceed two (2) times the annual rate of accrual. For the purpose of determining the amount of vacation entitlement, an employment year is defined as the period of one (1) year from the anniversary date of such appointment by the Employer.
Unrepresented Compensation and Benefit Plan
Amended March 2024
11 Employees hired prior to July 1, 1998:
0 to 9 years: Fifteen (15) days per year
10 to 20 years: Twenty (20) days per year
21+ years: Twenty-five (25) days per year
Employees hired after July 1, 1998:
0 to 4 years: Ten (10) days per year
5 to 9 years: Fifteen (15) days per year
10 to 20 years: Twenty (20) days per year
20+ years: Twenty-five (25) days per year
Regular Part-Time Employees
Regular part-time employees appointed to at least a 50% time status position, shall be eligible to accrue prorated vacation leave hours based on the budgeted full-time equivalent status of the position held. For example, an employee in a budgeted 75% full-time equivalent position would be eligible to accrue vacation leave at 75% of a full-time employee’s accrual level with the same years of service.
2. Sick Leave
a. Sick Leave (for Department Heads and Management Classifications only) Unrepresented employees (regular and probationary) shall accrue prorated sick leave at equivalent to the budgeted full-time equivalent status of the position held.
For example, an employee in a budgeted 75% full-time equivalent position would be eligible to accrue sick leave at 75% of a full-time employee with the same years of service.
All regular, non-probationary employees hired before January 1, 2014, regardless of service length, shall be entitled to payment for that portion of unused sick leave earned but unused, at the time of separation, to a payment at the rate of sixty percent (60%) up to a maximum of one hundred twenty (120) days, provided the employee separates from the MESA in good standing. For the purpose of this provision, “good standing” is defined as retirement, layoff, or in the case of resignation, the employee has provided at least two (2) weeks notice prior to separation. Separation that occurs because of a disciplinary reason is not separation in good standing and therefore none of these provisions apply.
Payment for Unused Sick Leave. For employees hired on or after January 1, 2014, payment of sick leave will be granted to full time regular, non-probationary employees with at least ten (10) years of continuous service. Such employees shall be entitled to payment for that portion of unused sick leave earned but unused, at the time of separation, to a payment at the rate of thirty percent (30%) up to a maximum of one hundred twenty (120) days, provided the employee separates from the MESA in good standing. For the purpose of this provision, “good standing” is defined as retirement, layoff, or in the case of resignation, the employee has provided at least two (2) weeks’ notice prior to separation. Separation that occurs because of a disciplinary reason is not separation in good standing and therefore none of these provisions apply.
Unrepresented Compensation and Benefit Plan
Amended March 2024
12 Upon retirement from the MESA for service or disability, a full-time employee may convert accrued but unused sick leave to additional service credit as provided in the MESA's contract with the Public Employees' Retirement System. b. Sick Leave for Police Officer Trainees and Temporary/Part-time Classifications only)
The Employer will provide sick leave in accordance with the California Paid Sick Leave requirements.
Sick Leave For Immediate Family Care
(a) Definition of Immediate Family. Immediate family is defined as employee's parents, spouse, domestic partner, children, brother, sister, foster child, ward of the court, grandparents, legal guardian, grandchildren, parents of employee's spouse, any person living in employee's household as a family member. (b) Entitlement. An employee may use accrued sick leave in accordance with state requirements and guidelines. At the Employer's request, the employee will provide satisfactory evidence of the facts justifying such absence.
3. Bereavement Leave
Time off for a death in the immediate family will be granted for up to a maximum of five (5) days; up to 35 or 40 hours based on work week. Reasonable proof of death may be required to qualify an employee for bereavement leave. 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 schedule.
4. Administrative Leave
At the discretion of the City Manager, unrepresented exempt employees shall be granted ten (10) days of Administrative Leave. Procedures governing the granting and use of Administrative Leave are provided in the City’s Administrative Instruction Manual or the Personnel Rules.
An employee may elect in advance to cash out up to ten (10) days of unused administrative leave at their base rate of pay at time of payment each fiscal year. The Employer may establish and modify the timeframe and deadline for advance election of administrative leave cash out to ensure that such leave is not subject to immediate taxation as income under state or federal law at the time it is credited to the employee.
Eligible employees shall have administrative leave balances automatically cashed out at the end of the fiscal year. In no event will administrative leave be carried forward to the next fiscal year.
Unrepresented Compensation and Benefit Plan
Amended March 2024
13 Eligible employees may use accrued Administrative Leave with advance scheduling approval of their respective supervisor. Employees who separate from employment with the MESA shall be paid any unused administrative leave up to ten (10) days, upon separation.
5. Holidays
The following holidays shall be observed by the Employer. The Employer’s offices will be closed on these days except as otherwise provided by the department head. 1) New Years’ Day (January 1)
2) Martin Luther King, Jr. Birthday (3rd Monday in January) 3) Presidents’ Day (3rd Monday in February)
4) Memorial Day (last Monday in May)
5) Juneteenth (June 19)
6) Independence Day (July 4)
7) Labor Day (1st Monday in September)
8) Columbus Day (2nd Monday in October)
9) Veterans’ Day (November 11)
10) Thanksgiving Day (4th Thursday in November)
11) Day after Thanksgiving
12) Christmas Day (December 25)
The Employer’s Administrative Instruction 1114 shall govern the terms and manner of holiday observance and compensation.
Eligible employees shall be granted three (3) floating holidays each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year.
Unrepresented Compensation and Benefit Plan
Amended March 2024
14 APPENDIX A – MONTHLY WAGE SCHEDULE
Effective March 16, 2024
Job Code Job Classification Step A Top Step
1135 Assistant City Manager 15,534 20,971
1095 Director, Human
Resources
14,544 19,636
1090 Human Resources
Manager
11,696 16,259
1250 Police Officer Trainee 6,214 6,523
Effective first full pay period in July 2024
Job Code Job Classification Step A Top Step
1135 Assistant City Manager 16,310 22,019
1095 Director, Human
Resources
15,271 20,618
1090 Human Resources
Manager
12,281 17,072
1250 Police Officer Trainee 6,525 6,849
Effective first full pay period in July 2025
Job Code Job Classification Step A Top Step
1135 Assistant City Manager 17,126 23,120
1095 Director, Human
Resources
16,034 21,649
1090 Human Resources
Manager
12,895 17,926
1250 Police Officer Trainee 6,851 7,191
Unrepresented Compensation and Benefit Plan
Amended March 2024
15 APPENDIX B – HOURLY WAGE SCHEDULE
Effective March 16, 2024
Job Code Job Classification Step A Range Top Step
1560 Pool Manager Minimum Wage - 38.59
1590 Recreation Leader Minimum Wage - 29.93
1730 Intern Minimum Wage - 40.42
1795 Public Service Employee Minimum Wage - 138.17