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RESO CV Starr EE.docx

Fort Bragg City Council
June 24, 2024

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RESO CV Starr EE.docx
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June 24, 2024
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Fort Bragg City Council
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Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

RESOLUTION NO. ___-2024

RESOLUTION OF THE FORT BRAGG CITY COUNCIL
ESTABLISHING A COMPENSATION PLAN AND TERMS AND CONDITIONS FOR C.V. STARR EMPLOYEE CLASSIFICATIONS EFFECTIVE JULY 1, 2024

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 non-exempt, C.V. Starr classifications effective July 1, 2024; and WHEREAS, non-exempt, at-will, C.V. Starr employees' classifications as outlined in the City of Fort Bragg Master Compensation Schedule covered by this resolution; and WHEREAS, all classifications covered by this resolution are not exempt from overtime under the Fair Labor Standards Act section 13(a)(1); 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 non-exempt C.V. Starr classifications as follows:

SECTION 1.0 SALARY COMPENSATION
The salary ranges established for non-exempt C.V. Starr classifications are effective July 1, 2024, as outlined in Exhibit A.

SECTION 2.0 LEAVES OF ABSENCE (PAID AND UNPAID)

2.1 VACATION LEAVE
A. Accrual: all full-time non-exempt C.V. Starr employees covered by this resolution shall accrue as follows:
80 hours (3.39 hours/pay period) for 1 to 3 years of service (i.e. 0-36 months). 120 hours (4.62 hours/pay period) for 3 to 10 years of service (i.e. 37-120 months). 160 hours (6.16 hours/pay period) for 10 or more years of service (i.e. 121 months or more) B. Accumulation: Employees may accumulate a maximum of 240 hours.

C. Use: Vacation leave may be taken as it accrues. Accrued vacation 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 Department Head, who shall consider the wishes of the employee and the needs of the Department.

D. Vacation Buy-Back: There is no vacation buy-back program.

2.2 HOLIDAYS
The public values having the Center open during City-observed holidays (referenced below). To recognize and compensate employees for their service on these days, the following pay structure is established:

Employees working on a City-recognized holiday will receive one and a half times their hourly rate for up to eight hours of work.

If an employee works over eight hours but less than twelve hours on a holiday, they will receive double time for those hours.

For those who work twelve or more hours on a holiday, the pay will be two and a half times their hourly rate.

The City observed holidays are:

Martin Luther King Jr. Day
Presidents Day
Memorial Day
Labor Day
Indigenous Peoples' day
Veterans Day
The specified holidays when the center is closed are as follows:

1. New Year's Day

2. Independence Day

3. Thanksgiving Day

4. Day after Thanksgiving

5. Christmas Eve

6. Christmas Day
Additionally, all full-time benefit-eligible C.V. Starr, non-exempt employees shall receive six designated paid holidays per year and two floating holidays per year to be observed during each fiscal year (July 1 – June 30).

In addition, any day proclaimed by the Governor and recognized by the City as a public holiday, day of mourning, or day of thanksgiving shall be provided as a holiday.

Employees who work City observed holidays not listed above will be paid at one and a half times their regular pay rate in consideration for working the holiday.

Floating Holiday - Two “floating holidays” 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 the 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 each 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 below.

As outlined in the City of Fort Bragg Personnel Rules Section 15.2.10.2 legal holidays falling on a Saturday are observed on a Monday. To qualify for holiday pay, employees must have completed thirty (30) days of service, be on paid status on the regularly scheduled workday before and after the holiday, unless the absence is with the written permission of the City, or due to illness. Holidays occurring during an employee’s vacation will be treated as a paid holiday. In recognition of differing work schedules for shift work employees, holidays may be specified to occur on the actual legal date. Conflicts with this policy should be resolved by referencing Section 15.2.10.2 of the City of Fort Bragg’s Personnel Rules and Regulations.

Employees are allowed to use the holiday at any time during the pay period. If an employee is not able to use the holiday, the holiday will be paid out during the same pay period. Holiday hours are not included in calculating overtime.

2.3 SICK LEAVE AND FAMILY MEDICAL LEAVE
Accrual:

Full-time non-exempt, C.V. Starr employees shall accrue sick leave at a rate of 3.7 hours per pay period (96 hours).

Part-time, non-exempt, C.V. Starr employees (e.g. part-time, seasonal, and temporary workers) shall accrue and be able to use sick leave consistent with Senate Bill 616 that amends California Government Code Sections 245.5, 246, and 246.5 of the labor code. These employees shall begin to accrue sick leave on the date of commencement of employment and shall accrue one hour for every 30 hours worked. Employees shall be eligible to use paid sick leave no sooner than ninety (90) days after commencement of employment. Employees may use a maximum of five (5) sick leave days in one calendar year if accrued. These employees shall be able to use paid sick leave for the same reasons that full-time employees shall be able to use paid sick leave.

SECTION 3.0 HEALTH, DENTAL, VISION, LONG TERM DISABILITY, LIFE INSURANCE, DEFERRED COMPENSATION, RETIREMENT AND CAFETERIA PLAN

3.1 HEALTH, DENTAL AND VISION INSURANCE
For the purposes of this Section, the following definitions shall apply:

Legally Separated – A court action separating an employee from their 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.

Definition of Full-Time Employee for the purposes of benefits eligibility – As defined in the City of Fort Bragg’s Personnel Rules and Regulations Section 22.3.

Health and Dental Insurance
City shall provide health and dental insurance plans for full-time employees and shall make such plan available for any eligible 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, 2024, 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.

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 the 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.

Vision Plan
The City shall provide a vision care program for both the employee and dependents. The premium cost of said plan is paid entirely by the City.

3.2 LONG TERM DISABILITY
A. C.V. Starr non-exempt 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’s Human Resources Office.

B. The City shall pay half of the cost of the program with the balance to be paid by employees through payroll deductions.

3.3 LIFE INSURANCE
The City agrees to provide a $50,000 life insurance policy for each non-exempt C.V. Starr employee covered under this resolution. The City agrees to pay all costs of such policies. If there is a conflict, the intention is to mirror the benefits for Fort Bragg Employee Organization (FBEO) bargaining unit employees.

3.4 RETIREMENT
A. For employees hired prior to December 31, 2012, and employees hired on or after January 1, 2013, who are “Classic Employees: as defined by CalPERS, the City offers the 2% @ 55 CalPERS Retirement Plan for all Miscellaneous 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.

B. Employees hired on January 1, 2013 or after, who are not “Classic Employees” as defined by CalPERS, the City offers the 2% @ 62 CalPERS Retirement Plan for all Miscellaneous Employees covered by this resolution.

C. CalPERS rules for eligibility are governed by the California Public Employees Retirement System (CalPERS) and California Public Employees’ Retirement Law (PERL).

D. C.V. Starr legacy employees who meet the CalPERS membership eligibility criteria shall be given CalPERS membership effective July 1, 2024. After July 1, 2024, non-exempt C.V. Starr employees shall be given CalPERS membership as they qualify for CalPERS membership.

3.5 DEFERRED COMPENSATION
The City agrees to continue the 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.

3.6 CAFETERIA PLAN ADMINISTRATIVE FEES
The City shall pay the administrative costs for employees enrolled in the plan.

SECTION 4.0 EQUIPMENT PURCHASE LOAN PLAN
All full-time employees as defined in the Personnel Rules Section 22.3, 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 in purchasing equipment that may be used, either on or off duty, to improve the employee’s job performance. This plan has the following limitations:

The loan shall not exceed $3,000.00.

Employee cannot add to an existing loan without the recommendation and express permission of the City Manager.

Employee agrees to pay an interest equal to the Local Agency Investment Fund (LAIF) rate paid to the City, as the date of the loan, plus .25 percent.

Loans shall be repaid via payroll deductions. Loans of less than $1,000.00 shall be repaid in twenty-six equal installments. Loans of $1,000.00 or more but less than $2,000.00 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 $50.00 per paycheck, except in the case of separation. Upon separation, if the employee has not paid the entire balance due by the time their final paycheck is to be issued, the City will deduct the balance of the loan 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 (140 days of final approval of all approved paperwork.

SECTION 5.0 C.V. STARR COMMUNITY CENTER MEMBERSHIP
C.V. Starr non-exempt, regular full-time employees qualify to receive a Family Membership to the C.V. Starr Community Center (C.V.SCC).

C.V.SCC part-time employees qualify to receive an Individual Membership to the C.V.SCC provided that they meet one of the following conditions:

The part-time employee works an average of 10 hours a week or more.

The part-time employee is a Fitness Instructor scheduled to teach four (4) or more classes a week.

Part-time employees that qualify for an Individual Membership may elect to apply their membership towards a multi-person membership (such as a Couples or Family Membership) using the current value of the Adult Individual Membership as a discount off the multi-person membership.

SECTION 6.0 RELATIONSHIP TO PERSONNEL RULES
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, 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 ____ day of ________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

BERNIE NORVELL
Mayor
ATTEST:

Diana Sanchez
City Clerk
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