RESOLUTION NO. ____-2022
RESOLUTION OF THE FORT BRAGG CITY COUNCIL ESTABLISHING A
COMPENSATION PLAN AND TERMS AND CONDITIONS OF EMPLOYMENT FOR
EXEMPT AT-WILL EXECUTIVE CLASSIFICATIONS
WHEREAS, it is the desire of the Fort Bragg City Council to provide an adequate level of compensation and to enumerate benefits and conditions of employment for exempt, at-will, Executive classifications; and WHEREAS, exempt at-will Executive classifications covered by this Resolution are as follows: Community Development Director, Police Chief, Finance Director, and Public Works Director; and WHEREAS, it is noted that the Community Development Director and Finance Director classifications are not authorized in the FY 2022/23 Budget; and WHEREAS, exempt at-will Executive classifications are not part of the Personnel Merit System and do not receive consideration as provided for others in that system; and WHEREAS, exempt at-will Executive classifications are exempt from overtime under Fair Labor Standards Act section 13(a)(1); and WHEREAS, all classifications covered by this Resolution are at-will, serve at the pleasure of the City Manager, and can be terminated with or without notice or cause and with no rights of appeal; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fort Bragg does hereby establish a compensation plan and terms and conditions of employment for exempt at-will Executive classifications as follows:
SECTION 1.0 SALARY COMPENSATION
1.1 SALARY SCHEDULE EXEMPT AT WILL EXECUTIVE CLASSIFICATIONS Position
Annual Salary Range
Effective 1st full pay period in July 2022
1 Police Chief
$139,713 to $174,907
2 Community Development Director
$102,523 to $124,613
3 Public Works Director
$102,523 to $124,613
4 Finance Director/City Treasurer
$102,523 to $124,613
5 Assistant City Manager
$102,523 to $124,613
The salary ranges established for exempt, at-will Executive classifications incorporate the previously approved cost of living adjustments of 3%, effective July 4, 2022. In addition, a one-time payment of $1,500 will be included in the first full pay period following the adoption of this Resolution.
1.2 LONGEVITY PAY
Employees covered under this Resolution shall receive a new longevity benefit consisting of a $750 one-time payment after 10 years of employment, a $1,500 one-time payment after 15 years of employment; and a $2,000 one-time payment after 20 years of employment.
1.3 INITIATIVE MEASURE D, ORDINANCE 672
The salary provisions of Initiative Measure D, Ordinance 672 as adopted by the voters on November 4, 1986, are hereby recognized as the basic policy document governing the salary of the Police Chief covered in this Resolution.
The salary adjustments as provided for in Ordinance 672 shall be implemented as soon as possible after January 1 of each year, and before January 31, unless there is a discrepancy. In these instances, the discrepancy shall be resolved, and the salary adjustments shall be implemented no later than February 28.
SECTION 2.0 LEAVES OF ABSENCE (PAID AND UNPAID)
2.1 EXECUTIVE LEAVE
Each exempt at-will Executive employee shall receive 10 days (80 hours) of Executive Leave annually accrued in total as of January 1. Executive Leave for exempt, at-will Executive employees hired after January 1 will be prorated.
If the Leave is not used by December 31 of each year, the unused balance will not carry forward unless approval by the City Manager is requested and received before December 31. The City Manager may authorize a carry-over of the unused balance for up to 90 days past December 31. Any unused leave not taken within the 90-day extension period will be lost. Executive Leave must be taken as time off and is not compensable upon termination.
2.2 VACATION LEAVE
Accrual: All full-time, exempt, at-will Executive employees covered by this Resolution shall accrue vacation as follows:
120 hours annually for 1 to 10 years of service (i.e. 0-120 months of service); 160 hours annually for 10 to 15 years of service (i.e. 121-180 months of service); 200 hours annually for more than 15 years of service (i.e. more than 180 months of service).
Accumulation: Employees may accumulate up to 360 hours of vacation leave. The City Manager may authorize accrual of additional vacation hours in situations where vacation time cannot be authorized due to work demands.
Use: Vacation leave may be taken as it accrues. Accrued vacation time may be used, at a minimum, in blocks of one (1) hour or more. The date of vacation may be selected by the employee, but shall be approved by the City Manager, who shall consider the wishes of the employee and the needs of the Department.
Vacation Buy-Back: Once during each fiscal year, and subject to the approval of the City Manager, a maximum of 160 hours of vacation leave may be cashed in. At the time the cash-in option is exercised, the employee must retain a minimum of 80 hours of vacation leave. Cash-in requests must be made in writing to the City Manager.
2.3 HOLIDAYS
All exempt at-will Executive employees shall receive 12 designated paid holidays per year and one floating holiday per year to be observed during each fiscal year (July 1-June 30). Specified holidays are as follows:
January 1 (New Year's Day)
3rd Monday in January (Martin Luther King Jr. Day)
3rd Monday in February (Presidents Day)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
1st Monday in September (Labor Day)
2nd Monday in October (Indigenous Peoples’ Day)
November 11 (Veterans Day)
4th Thursday in November (Thanksgiving)
Friday after Thanksgiving
December 24 (Christmas Eve)
December 25 (Christmas Day)
In addition, any day proclaimed by the Governor and recognized by the City Council as a public holiday, day of mourning or day of thanksgiving shall be provided as a holiday.
One “floating holiday” may be taken as time off only, with advanced approval by the Department Head or City Manager and scheduled with due regard to the wishes of the employee and convenience of the City. Floating holidays, defined as eight hours, may not be carried forward from one fiscal year to the next and must be used no later than the last regularly scheduled pay date prior to June 30th of each fiscal year. Unused floating holidays are deemed to be lost, if not used, at the end of each fiscal year or upon termination of employment. A new employee hired after January 1st in any fiscal year shall be entitled to not more than half of the applicable floating holiday entitlement for the balance of the fiscal year. Floating holiday time may not be exchanged for actual compensation under any circumstances.
Holiday Leave shall be administered as provided for in Section 15.2.10 of the City of Fort Bragg Personnel Rules and Regulations.
2.4 SICK LEAVE AND FAMILY AND MEDICAL LEAVE
Accrual: All exempt at-will Executive employees shall accrue sick leave at a rate of eight (8) hours per month beginning at the commencement of employment and sick Leave may be accrued with no maximum limit.
Personal Use: Sick leave may be used as it is accrued. It is to be used for illness or injury and may not be used to supplement days off.
Family Care Use: Accrued sick leave may be used for care of children, siblings and parents, (be they natural, adoptive, step or foster of the employee or their current spouse or domestic partner), or spouse or domestic partner, to a maximum of eighty (80) hours in the calendar year of January 1 through December 31. It is further provided that an additional forty (40) hours of accrued sick Leave per calendar year may be used for such care in unusual or emergency cases with the approval of the City Manager.
D. Documentation: Employees must follow departmental policies for requesting/documenting use of sick Leave and a physician's certification may be required at the discretion of the City Manager for absences of three consecutive work days or more.
E. Conversion:
Sick leave accrued in excess of eight hundred (800) hours may be converted to vacation on the basis of three (3) hours of vacation time for each ten (10) hours of sick leave accrued and converted.
Up to 25% of sick leave accrued in excess of one thousand (1,000) hours may be converted to vacation on the basis of one (1) hour of vacation time for each one (1) hour of sick leave accrued and converted.
Conversions may be made once in each calendar year, and must be approved by the City Manager before December 31.
Eligibility: To be eligible an employee must be a regular full-time employee at the time of the request.
No conversion of sick leave shall be allowed for any employee who is discharged for cause.
F. Transfer: An employee may transfer accrued sick Leave to another employee in cases of emergency, subject to review and approval by the City Manager pursuant to Section 18 of the Personnel Rules and Regulations.
G. Compensation on Separation: Upon separation after two or more years of service, an employee shall be paid 30% of unused, accrued sick Leave. Such compensation is not applicable if an employee is discharged for cause.
H. Family and Medical Leave: Executive employees shall be entitled to leave as provided for in the Family and Medical Leave Act (FMLA) of 1993 and the California Family Rights Act (CFRA) as per Section 16 of the Personnel Rules and Regulations.
I. Fitness for Duty Examinations: City will pay mileage for personal car use to and from the out-of-town location of the city requested examination based on the same criteria as for other travel reimbursements.
2.5 BEREAVEMENT LEAVE
When a death occurs in an employee's immediate family (see Section 15.2.6 of the Personnel Rules and Regulations for definition of "immediate family"), the employee shall be granted necessary time off of up to three consecutive work days, with compensation, for the purpose of attending the funeral and/or to personal affairs. In the event of unusual travel time requirements, the City Manager may approve up to a total of five workdays. Proof of relationship and/or death may be required.
2.6 JURY DUTY
Any employee summoned to serve on jury duty during an on-duty day shall be entitled to leave of absence with full pay for such period of time as he/she may be required to attend the court in response to such summons. The employee may retain such payment as may be allowed for travel, lodging and meal expenses. The employee shall not be required to submit to the City compensation received from the court for jury duty in order to receive full pay and expenses referenced above.
2.7 LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant leaves of absence for a maximum of ninety (90) working days, without pay to any employee if the circumstances of the particular case warrant.
SECTION 3.0 HEALTH, DENTAL, VISION, LONG TERM DISABILITY, LIFE
INSURANCE, DEFERRED COMPENSATION, RETIREMENT AND CAFETERIA PLAN
3.1 HEALTH, DENTAL AND VISION INSURANCE
A. For purposes of this Section, the following definitions shall apply:
Legally Separated — A court action separating an employee from his/her spouse. This definition shall be used for the sole purpose of City covered health insurance purposes. The Insurance Provider shall determine if the separated spouse is eligible for coverage under the City Health Plan(s).
Domestic Partner — A domestic partner as defined under California Family Code section 297.
B. Health and Dental Insurance
City shall provide health and dental insurance plans for employees and shall make such plan available for any dependents. The Insurance Provider shall determine if a legally separated spouse is eligible for coverage under the City's group health and dental plans.
Effective July 1, 2012, the City shall pay 80% and the employee shall pay 20% of the premiums required for the health and dental plans.
Employees enrolled in the High Deductible Health Plan will receive a total benefit allowance equal to 80% of the premium for the "traditional" health plan for payment of the High Deductible Health Plan premium with the balance, if any, to be paid into a Health Savings Account. Employees may choose to contribute additional funds to a Health Savings Account on a pre-tax basis via payroll deductions in accordance with IRS guidelines.
C. Eligible employees may elect to opt-out of the City-sponsored medical and/or dental plans, in which case the employee will receive a payment of $200 per pay period if opting out of both medical and dental coverages and a pro-rated amount if opting out of only one type of coverage. Opt-out payments will be paid to the employee as taxable income. To be eligible, employees must provide proof of other comparable coverage, and the opt-out shall be effective for the employee and any eligible dependents.
D. Vision Plan
The City shall provide a vision care program for both employee and dependents as defined under the medical plan. The premium cost of said plan is paid entirely by the City.
Where and when the wearing of safety glasses is mandatory, the City shall provide reimbursement of the actual cost of required prescription safety glasses up to a maximum of $225 per fiscal year per employee, or $450 every other fiscal year.
E. Health and Dental Insurance on Retirement
For purposes of this section, the term "retiree" is defined as:
An employee who has a minimum of ten (10) years of consecutive employment with the City, whose last day of employment preceding retirement through the California Public Employee Retirement System (CalPERS) was with the City, who immediately begins receiving CalPERS benefits upon retirement from the City, and who continuously maintains retiree status with CalPERS.
1. For employees hired on or before December 31, 1991:
i) The City agrees to pay, for an eligible employee/retiree only, the costs of health and dental insurance in the City-approved plan(s) after retirement. ii) The City will make available health and dental insurance in the City- approved plan(s) for the spouse or domestic partner only of a retiree if retiree was married or in a domestic partnership at the time of retirement. iii) The City will pay the cost of spousal/partner health coverage based on the following schedule. Retirees must be at least sixty (60) years of age at retirement in order to receive this benefit. If an employee retires earlier than age 60 as allowed under the CaIPERS retirement plan, the employee/retiree is responsible for 100% of the cost of spousal/partner health insurance coverage until the retiree reaches the a e of sixty (60).
Retiree
Completed Years of Service
City-Paid Portion of Dependent Health Premiums
10 Years
10%
11 Years
20%
12 Years
30%
13 Years
40%
14 Years
50%
15 Years
60%
16 Years
70%
17 Years
80%
18 Years
90%
19 Years
100%
iv) Part-time employees/retirees eligible for this benefit shall receive the prorated cost of health and dental insurance in accordance with the City's Personnel Rules. v) The retiree is responsible for 100% of the cost of spousal/partner coverage in the City's dental plan.
2. For employees hired on or after January 1, 1992 but before July 1, 2003:
The City agrees to pay, for an eligible employee/retiree only, the costs of health and dental insurance in the City-approved plan(s) after retirement.
Part-time employees/retirees eligible for this benefit shall receive the prorated cost of health and dental insurance in accordance with the City's Personnel Rules.
3. For employees hired on or after July 1, 2003 but before July 1, 2007:
The City agrees to pay, for an eligible employee/retiree only, the costs of health and dental insurance in the City-approved plan(s) after retirement until the retiree reaches the minimum required age for Medicare eligibility, at which time the City will only provide for a supplemental prescription drug plan or an equivalent benefit for the retiree only.
Part-time employees/retirees eligible for this benefit shall receive the prorated cost of health and dental insurance in accordance with the City's Personnel Rules.
4. For employees hired on or after July 1, 2007 but before July 1, 2011:
i) The City agrees that employees/retirees only may remain on the City's health and dental insurance plans until retiree reaches minimum Medicare eligibility age. The retiree is responsible for the full cost of insurance premiums for retiree only coverage which shall be paid to the City in a timely manner.
5. For employees hired on or after July 1, 2011:
i) Retirees are not eligible to participate in the City's post-employment health and dental insurance benefit plans.
3.2 LONG TERM DISABILITY INSURANCE
Exempt, at-will Executive employees covered under this Resolution may participate in the group long-term disability insurance program. For an overview of the plan see the certificate of insurance on file in the City Human Resources Office.
The City shall pay half the cost of the program with the balance to be paid by employees, through payroll deduction.
3.3 LIFE INSURANCE
The City agrees to provide a life insurance policy in the amount of $150,000 for each Executive employee covered under this Resolution. The City agrees to pay all costs of such policies.
3.4 DEFERRED COMPENSATION
The City agrees to continue in effect the deferred compensation plans approved by Resolution of the City Council. Participation is voluntary and no contribution is made by the City on the employee's behalf.
3.5 RETIREMENT
For employees hired prior to December 31, 2012, and employees hired on or after January 1, 2013, who are "Classic Employees" as defined by CaIPERS, the City offers the 2% @ 55 CaIPERS Retirement Plan for all Miscellaneous employees covered by this Resolution and the 2% @ 50 CaIPERS Retirement Plan for all Safety employees covered by this Resolution. Effective July 1, 2018, each Classic Employee covered by this Resolution shall contribute an additional 1% towards the City’s share of CalPERS premiums.
For employees hired on January 1, 2013 or after, who are not "Classic Employees" as defined by CaIPERS, the City offers the 2% @ 62 CaIPERS Retirement Plan for all Miscellaneous Employees covered by this Resolution and the 2.7% @ 57 CaIPERS Retirement Plan for all Safety Employees covered by this Resolution.
3.6 CAFETERIA PLAN ADMINISTRATIVE FEES
The City shall pay the administrative costs for employees enrolled in the cafeteria plan.
SECTION 4.0 PHYSICAL EXAMINATIONS
Exempt at-will Executive employees covered by this Resolution may undergo annual physical examinations. The City will reimburse any costs associated with deductible and co-pays. The employee must submit a copy of the health insurance explanation of benefits to the Human Resources Office for reimbursement of co-pays and deductibles.
SECTION 5.0 SEVERANCE PAY
All Executive employees covered by this Resolution are at-will and serve at the pleasure of the City Manager. The City Manager retains the authority to terminate any exempt at-will Executive employee at any time with or without notice or cause.
Any exempt at-will Executive employee who is terminated after at least one year of employment during such time as that employee is willing and able to perform their duties, shall receive a lump sum payment equal to two months aggregate salary in exchange for a general release in a form approved by the City Attorney and executed by the employee. If the exempt at-will Executive employee is terminated for cause, the City shall have no obligation to pay severance pay.
SECTION 6.0 DUES AND SUBSCRIPTIONS, PROFESSIONAL AND OFFICIAL TRAVEL AND GENERAL EXPENSES In order to provide the necessary support for each exempt at-will Executive employee to perform the necessary functions of their job duties, the City will pay for the costs of dues and subscriptions for professional/technical licensing and association membership as required and approved by the City Manager.
The City will pay the travel and subsistence expenses of exempt at-will Executive employees for travel, meetings and occasions required to pursue the official business of the City in accordance with the City's AB 1234 Expense Reimbursement Policy and subject to approval by the City Manager.
The City shall cover costs for non-personal, job-related expenses incurred by exempt at-will Executive employees in the course of employment. All such expenses shall be reimbursed or paid in accordance with the City's AB 1234 Expense Reimbursement Policy and subject to approval by the City Manager.
The City shall provide a vehicle for the exclusive use of the Police Chief who is required to respond on short notice to a variety of operational incidents and emergencies. This position shall not be eligible to receive reimbursement for use of a personal vehicle at all times when the City vehicle is available for use.
SECTION 7.0 AUTOMOBILE USE and travel reimbursement
In those instances, where a City vehicle is not available for use and the employee is required to use his/her private vehicle on City business, travel expense reimbursement shall be at the rate allowed by the Internal Revenue Service for mileage driven on City business.
Prior to the use of their private vehicle, employees must provide the City with a certificate of insurance, on the form provided by the City, which evidences that employee has comprehensive automobile liability insurance or business automobile liability insurance in an amount at least equal to the minimum requirements established by the City’s liability insurance provider.
Employees shall be reimbursed for expenses incurred while on assignment outside the Fort Bragg area as follows:
Lodging: Maximum of $175.00 per night, which shall include local taxes, but exclude tips, porter's fees, room service, movies, valet, etc.
When traveling to a high cost area, the City Manager may approve a higher maximum than shown above.
When an employee lodges at a hotel/motel at which the training program/ meeting/seminar is being conducted, the employee shall be reimbursed for actual lodging costs if higher than the amount above. Approval of the Department Head or City Manager is required.
Receipts are required for all lodging costs.
When shared by others, only a pro rata share of the cost will be reimbursed. When furnished by a government agency or other source, or otherwise obtained without cost, (i.e. lodging with friends or relatives) there shall be no reimbursement.
Meals: Per diem allowances for meals shall be provided and employees shall be eligible to claim for breakfast per diem ($20.00) if they are in travel status as of 6:00 a.m.; employees shall be eligible to claim for lunch per diem ($25.00) if they are in travel status between the hours of 11:00 a.m. and 2:00 p.m.; employees shall be eligible to claim for dinner per diem ($35.00) if they are in travel status as of 6:00 p.m.
If some meals are furnished when traveling on a per diem, they may not be claimed and/or they will be deducted at the basic rate as provided above.
Rental Cars: Size of rental cars must be justified if larger than compact. When using a rental vehicle, employee must keep log of daily mileage and pay for any mileage charge when car is used for personal business.
First Class Travel: First class travel cannot be used, unless the additional cost is paid by the employee.
Tickets: Copy of tickets used for travel must always be furnished with claim.
Fitness for Duty Examinations: City will pay mileage for personal car use to and from the out-of-town location of a City-requested examination based on the same criteria as for other travel reimbursements.
SECTION 8.0 EDUCATION INCENTIVE
No exempt at-will Executive employee covered by this Resolution shall receive any additional pay as an educational bonus or "certificate pay." The City shall make available $950 annually for each exempt at-will Executive employee covered by this Resolution for purpose of continuing education and/or professional training. The annual training allowance may be accumulated to a maximum of $1,900 and should be included in the departmental budget during the budget process when planning for training and professional development. The training allowance may be used for training and expenses incurred in obtaining training. Requests must be approved by the City Manager prior to incurring expenses. Reimbursement will be made upon evidence of successful completion of the training or class.
SECTION 9.0 HOURS OF WORK
Salaries approved for exempt at-will Executive employees recognize the advanced level of skills possessed by these employees, the high level of responsibility delegated to these employees and the potential for longer working hours necessitated by meeting attendance, response to emergency situations, and attendance at court and/or the necessity for meeting project deadlines.
B. There is no specific compensation for hours worked beyond the minimum work week of forty (40) hours. The following shall serve as basic guidelines to be used in the management of exempt at-will Executive employee work hours:
Exempt at-will Executive employees shall be expected to attend City Council and other evening or weekend meetings and activities as may be required by their job duties. Executive employees shall not receive compensatory time off or additional compensation in any other form for attendance at such meetings/activities.
All employees covered under this Resolution are exempt at-will Executive employees and are, therefore, exempt from overtime payment under the Fair Labor Standards Act.
All employees covered under this Resolution shall be eligible to use Executive Leave during the calendar year as provided in Section 2.1 of this Resolution or to adjust work days and hours in recognition of extended hours worked.
In recognition that exempt at-will Executive employees are often required to attend early morning, lunch, and evening meetings and due to the fact that their work is result oriented without a specific work week, a system of flexible time is available for their use. Exempt at-will Executive employees may work prior to the regular starting time or beyond the regular ending time, or may occasionally take an extended lunch or may work a weekend in lieu of a workday. However, it is expected that exempt at-will Executive employees shall work a minimum of eighty (80) hours per pay period, plus any additional work time reasonably required to discharge the duties and responsibilities of the position.
SECTION 10.0 EQUIPMENT PURCHASE LOAN PLAN
All exempt at-will Executive employees covered by this Resolution shall have the option of entering into an equipment purchasing loan plan with the City, which may be utilized to assist the employee to purchase equipment that may be used, both on or off duty, to improve the employee's job performance. This plan has the following limitations:
The loan total shall not exceed $3,000.
Employee cannot add to an existing loan without the recommendation and express permission of the City Manager.
Employee agrees to pay an interest rate equal to the Local Agency Investment Fund (LAIF) rate paid to the City, as of the date of the loan, plus .25 percent.
Loans shall be repaid via payroll deductions. Loans of less than $1,000 shall be repaid in twenty-six equal installments. Loans of $1,000 or more but less than $2,000 shall be repaid in fifty-two equal installments. Loans of $2,000.00 or more shall be repaid in seventy-eight equal installments. In no case shall deductions be more than $50 per paycheck, except in the event of separation when the balance of the loan will be deducted from the final paycheck. The employee shall provide documentation, such as an invoice or receipt, prior to issuance of the loan, to serve as proof of purchase.
Employee shall sign a payroll deduction authorization form for the amount calculated by the Finance Department.
Employee shall receive approval prior to the purchase of any equipment for which this program is anticipated.
Once all necessary documentation has been supplied and the employee signs all equipment loan documents, issuance of the loan will be processed within fourteen (14) days of final approval of all approved paperwork.
SECTION 11.0 UNIFORM ALLOWANCE
Pursuant to City Council Resolution 2764-2004, the Police Chief will receive the uniform allowance as provided to police officers.
SECTION 12.0 RELATIONSHIP TO PERSONNEL REGULATIONS
The terms and conditions of employment as delineated above are in addition to the provisions of the City’s “Personnel Rules and Regulations of the City of Fort Bragg" as adopted by Resolution 4341-2021 and as amended from time to time. Should a conflict exist between this Resolution and Resolution 4341-2021, the provisions in this Resolution, or its successor, shall prevail.
The above and foregoing Resolution was introduced by Councilmember _______, seconded by Councilmember ________, and passed and adopted at a regular meeting of the City Council of the City of Fort Bragg held on the 8th day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Bernie Norvell,
Mayor
ATTEST:
June Lemos, MMC
City Clerk
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