55_06232022%20CC%20Agenda%20packet%20with%20page%20numbers%20reg%20meeting — Newark City Council, June 23, 2022 (part 4 of 4)

3. To qualify for the Educational Reimbursement College Degree Program, degree program courses must be received from an accredited institution as identified on the U.S. Department of Education’s List of Nationally Recognized Accrediting Agencies or the Council for Higher Education Accreditation’s (CHEA) List of Participating and Recognized Organizations.

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11 X. TRAVEL EXPENSE REIMBURSEMENT
A. Management, supervisory, and professional employees who do not receive a vehicle allowance shall be reimbursed for the use of their private vehicle on City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax Returns.

B. Certain management, supervisory, and professional employees designated by the City Manager shall be provided a vehicle allowance in the amount of $400 per month. Management, supervisory, and professional employees who receive a vehicle allowance shall be reimbursed for the use of their private vehicle for City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax Returns for travel in excess of 200 miles per month.

C. Executive management employees including the City Manager and City Attorney shall receive a vehicle allowance in the amount of $400 per month and will be reimbursed for the use of their private vehicle for City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax returns for travel in excess of 200 miles per month.

XI. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to 2 children or grandchildren living in the same household, 26 years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

Employees, their spouses or registered domestic partners, and their children and grandchildren 26 years of age and under, will receive resident rates for class registration and facility rentals.

XII. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT LEAVE ACCRUALS FOR

REGULAR PART-TIME EMPLOYEES (RPT)
Regular part-time employees will receive prorated holiday, general, and bereavement leave accruals based on the actual hours worked or budgeted to work. For example, an RPT employee who works 35 hours per week will receive 7 hours of pay per holiday. An RPT employee who works 24 hours per week will receive 4.8 hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

XIII. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Department Head, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible member of the Management, Supervisory, and Professional Employee Group in Packet Page 939
12 recognition of the extra hours of work required of this employee group for which compensation in the form of overtime pay is not provided. The City Manager may authorize up to an additional sixteen (16) hours of management leave. Management leave may be used for leave purposes only and cannot be converted to pay or carried over from one fiscal year to another.

Management leave must be taken prior to separation.

In recognition of the extra hours of work required, the City Manager and City Attorney shall receive an annual allocation of fifty-six (56) hours of management leave per fiscal year.

Regular part-time employees may be granted management leave proportionally to their assigned work hours as recommended by the Department Head with approval by the City Manager.

XIV. GENERAL LEAVE
The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. The General Leave Plan is attached to the Compensation and Benefit Plan as Attachment C.

XV. SICK LEAVE
Each eligible management, supervisory, and professional employee shall have a sick leave bank in which that employee may accrue and use sick leave credits pursuant to the General Leave Plan. Sick leave credits may be used toward early retirement under the Public Employees' Retirement System plan.

A. COVID-Related Temporary Benefits: Employees subject to the Plan that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees are eligible for up to 120 hours of AAL based on 3 weeks of regularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AAL based on 3 weeks of regularly scheduled parttime hours. AAL will be reduced proportionately by the amount of EPAL that the employee used. For example, if a full time employee subject to the Plan partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that employee would have 60 hours of AAL, while if a part time employee subject to the Plan that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that employee would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

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13 XVI. BEREAVEMENT LEAVE
Regular full-time employees may be granted up to a maximum of 40 hours of bereavement leave where there has been a death of a husband, wife, registered domestic partner, sister, brother, mother, stepmother, father, stepfather, grandparent, grandchild, grandparent-in-law, mother-in-law, father-in- law, sister-in-law, brother-inlaw, son-in-law, or daughter-in-law of an employee. A maximum of eighty (80) hours of bereavement leave may be granted for the death of a son, daughter, stepson, or stepdaughter.

Regular part-time employees shall be eligible for prorated bereavement leave as described in Section XII and listed below:

Work Schedule Prorated Bereavement Leave
30-35 work hours up to a maximum of 30-35 hours 20-25 work hours up to a maximum of 20-25 hours
XVII. HOLIDAYS
A. Regular Employees
The following days shall be recognized as municipal holidays for pay purposes for regular full time and regular part-time management, supervisory, and professional employees including the City Manager and City Attorney:
• January 1, New Year's Day
• Third Monday in January, Martin Luther King, Jr. Day
• Third Monday in February, Presidents Day
• Last Monday in May, Memorial Day
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veterans Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• December 24, Christmas Eve Day December 25, Christmas Day • Two floating Holidays, to be scheduled subject to department head approval
Regular full-time employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday.

When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

Packet Page 941
14 The floating holiday must be scheduled and used during the fiscal year.

If an employee’s hire date falls between July 1 and December 31, the employee will be eligible for the floating holiday during the current fiscal year. If an employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holiday beginning July 1, of the next fiscal year.

Holidays shall not be carried over from one fiscal year to another. Upon separation, an unused holiday cannot be converted to cash.

With the continuation of the 9/80 bi-weekly work schedule, Closed Holiday Credits and debits will be calculated for each employee by Payroll and will be funded in the employee’s Floating Holiday Bank on July 1 of the current fiscal year. Closed Holiday Credits are subject to all the benefits and restrictions of a Floating Holiday. They have no cash value and cannot be carried over from one fiscal year to the next fiscal year. If the employee separates from service before the end of the fiscal year, no further adjustments in the Closed Holiday Credits will be made.

If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

B. Regular Part-Time Employees
Upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, regular part-time management, supervisory, and professional employees shall be eligible for prorated holidays in accordance with Section XII and as listed below:

Work Schedule
30-35 work hours
20-25 work hours
Holiday Pay
6-7 hours per holiday
4-5 hours per holiday
Packet Page 942
15 ATTACHMENT A

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL PAY PLAN
This Management, Supervisory, and Professional Pay Plan applies to all regular management, supervisory, professional, City Manager and City Attorney classifications:

I. POLICY
The City's policy for management, supervisory, and professional salaries is to establish and maintain a general salary structure based on marketplace norms and internal job alignment, which provides flexibility to reward management, supervisory, and professional personnel based on performance. Structures, ranges and salary steps will be reviewed annually and updated as necessary based on the market conditions, internal relationships, and City’s financial condition.

Individual salary adjustments will be considered by the City Manager based on (1) performance factors and overall contribution to management of the City; (2) pay structure adjustments; and (3) City’s financial condition.

II. ADMINISTRATION
The City Manager shall be accountable to the City Council for the overall administration of the Management, Supervisory, and Professional Pay Plan and will report on such administration annually or more often, as requested.

Department heads are responsible for recommending to the City Manager salary adjustments for employees within their departments who are covered by the Plan.

The City Council shall consider the necessary adjustment of management, supervisory, and professional salary ranges annually. In determining plan adjustments, the City Council shall consider such matters as changes in the cost of living, other salary changes such as those arrived at through negotiations with recognized employee groups, compression between this employee group and subordinate class ranges and the competitive position of the City in recruitment and retention of management, supervisory, and professional personnel.

The overall salary structure, supporting administrative policies, and assignment of classifications to salary ranges will be reviewed annually by the City Manager with appropriate reporting to the City Council relative to the status of the program.

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16 III. BASIC PLAN ELEMENTS
A. Structure:

Management Classifications: The Pay Plan consists of thirty (30) salary ranges which apply to Management classifications and which provide an approximate spread of twenty (20) percent between the minimum and maximum amounts and a differential of five (5) percent between the maximum of the ranges descending from the maximum amount established for Range No. 30.

All management classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.

B. Supervisory and Professional Classifications: For supervisory and professional classifications, the Pay Plan consists of specific predetermined "salary steps". Each classification shall have five (5) salary steps, with an approximate five (5) prevent differential between each salary step.

As needed competitive marketplace studies will be made which will focus on general salary trends for groups of management, supervisory, and professional positions. Periodically, studies will more specifically include position-by-position comparisons using marketplace and internal relationship data. Depending on the results of these studies, the entire pay grade structure may be adjusted or individual positions may be reassigned to different salary ranges. Such assignment will only affect the salary administration framework. No individual salaries will be automatically changed because of structural adjustments.

C. Performance Appraisal. All management, supervisory, and professional personnel shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date. All individual salary adjustments, including those within a salary range and those made to progress through the pre-determined salary steps, shall be based on performance and require an up-to-date performance evaluation to be considered for a salary adjustment. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The performance review document and the salary adjustment, either within a salary range or to progress through salary steps, recommended by the department head should be forwarded to the City Manager for consideration and final approval.

D. Adjustments based on Management Range Movement. Adjustments to salary ranges may occur to reflect cost-of-living changes, labor market conditions, and parity to avoid compression with non-management, supervisory, and Packet Page 944
17 professional position classifications. The City Manager may grant an upward adjustment in an individual's salary in any amount up to an amount equal to the adjustment in the salary range or the City Manager may maintain an individual salary at present level. An adjustment of individual salaries is not required by a change in the salary range to which the position is assigned except to maintain the minimum salary for the range.

E. Meritorious Performance Adjustment for Management. An employee shall be eligible to receive one merit increase per twelve-month period if the employee's performance is deemed to be at a satisfactory level or above. A meritorious performance adjustment would be in addition to any adjustment based on range movement. Such an increase shall be up to five percent (5%), the exact percentage being determined by the City Manager based on an evaluation of the degree of meritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve month period, but not more than once each six months may be approved by the City Manager for the following reasons:

1. An employee's salary is below the midpoint of the range and the employee has experienced substantial growth in their position representing an increased value to the City.

2. An employee has demonstrated outstanding performance or made an exceptional contribution to the City.

Whenever an employee receives a six-month meritorious performance adjustment, the employee's anniversary date will change pursuant to the Personnel Rules and Regulations.

F. Special Adjustment for Management. The City Manager may authorize salary adjustments up to ten (10) percent per fiscal year within the assigned salary range for the following reasons:

1. An employee's performance consistently exceeds the scope and expectations of their classification as determined by the City Manager.

2. Competitive labor market conditions warrant an adjustment.

3. An employee's overall contribution and value to the City as determined by the City Manager warrants an adjustment.

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18 ATTACHMENT B

SALARY RANGE SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME MANAGEMENT

CLASSIFICATIONS
Classification Range
Accounting Manager 15
Assistant to the City Manager 12
Assistant City Engineer 19
Assistant City Manager 25
Assistant Maintenance Superintendent 14
Chief Building Official 18
Chief Information Officer/Information Technology Director (Dept. Head)
24 City Attorney (Exempt Service) 24
City Clerk 16
City Manager (Exempt Service) 28
Community Development Director (Dept. Head) 24
Community Preservation Manager 12
Deputy Community Development Director 18
Economic Development Manager 16
Environmental Services Manager 15
Finance Director (Dept. Head) 24
Human Resources Director (Dept. Head) 24
Maintenance Superintendent 16
Planning Manager 15
Police Chief (Dept. Head) 25
Public Works Director (Dept. Head) 24
Recreation and Community Services Director (Dept. Head) 24 Recreation and Community Services Manager 15
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19 ATTACHMENT B

SALARY RANGE SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME MANAGEMENT

CLASSIFICATIONS
Effective July 1, 2022
Range Minimum Maximum
RANGE 01 $ 5,885.70 $ 7,062.84
RANGE 02 $ 6,183.14 $ 7,419.77
RANGE 03 $ 6,491.40 $ 7,789.68
RANGE 04 $ 6,812.28 $ 8,174.74
RANGE 05 $ 7,154.78 $ 8,585.74
RANGE 06 $ 7,515.32 $ 9,018.38
RANGE 07 $ 7,888.47 $ 9,466.16
RANGE 08 $ 8,283.26 $ 9,939.91
RANGE 09 $ 8,696.06 $ 10,435.27
RANGE 10 $ 9,132.31 $ 10,958.77
RANGE 11 $ 9,590.18 $ 11,508.22
RANGE 12 $ 10,069.70 $ 12,083.64
RANGE 13 $ 10,570.84 $ 12,685.01
RANGE 14 $ 11,099.02 $ 13,318.82
RANGE 15 $ 11,659.65 $ 13,991.58
RANGE 16 $ 12,238.30 $ 14,685.96
RANGE 17 $ 12,849.41 $ 15,419.29
RANGE 18 $ 13,494.76 $ 16,193.71
RANGE 19 $ 14,167.16 $ 17,000.59
RANGE 20 $ 14,875.61 $ 17,850.73
RANGE 21 $ 15,621.91 $ 18,746.29
RANGE 22 $ 16,406.07 $ 19,687.28
RANGE 23 $ 17,220.87 $ 20,665.04
RANGE 24 $ 18,084.35 $ 21,701.22
RANGE 25 $ 18,992.90 $ 22,791.48
RANGE 26 $ 19,939.30 $ 23,927.16
RANGE 27 $ 20,936.17 $ 25,123.40
RANGE 28 $ 21,978.11 $ 26,373.73
RANGE 29 $ 23,079.54 $ 27,695.45
RANGE 30 $ 24,233.25 $ 29,079.90
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

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20 ATTACHMENT B

SALARY RANGE SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME MANAGEMENT

CLASSIFICATIONS
Effective July 1, 2023
Range Minimum Maximum
RANGE 01 $ 6,062.27 $ 7,274.73
RANGE 02 $ 6,368.63 $ 7,642.36
RANGE 03 $ 6,686.14 $ 8,023.37
RANGE 04 $ 7,016.65 $ 8,419.98
RANGE 05 $ 7,369.42 $ 8,843.31
RANGE 06 $ 7,740.78 $ 9,288.93
RANGE 07 $ 8,125.12 $ 9,750.14
RANGE 08 $ 8,531.76 $ 10,238.11
RANGE 09 $ 8,956.94 $ 10,748.33
RANGE 10 $ 9,406.28 $ 11,287.53
RANGE 11 $ 9,877.89 $ 11,853.47
RANGE 12 $ 10,371.79 $ 12,446.15
RANGE 13 $ 10,887.97 $ 13,065.56
RANGE 14 $ 11,431.99 $ 13,718.38
RANGE 15 $ 12,009.44 $ 14,411.33
RANGE 16 $ 12,605.45 $ 15,126.54
RANGE 17 $ 13,234.89 $ 15,881.87
RANGE 18 $ 13,899.60 $ 16,679.52
RANGE 19 $ 14,592.17 $ 17,510.61
RANGE 20 $ 15,321.88 $ 18,386.25
RANGE 21 $ 16,090.57 $ 19,308.68
RANGE 22 $ 16,898.25 $ 20,277.90
RANGE 23 $ 17,737.50 $ 21,284.99
RANGE 24 $ 18,626.88 $ 22,352.26
RANGE 25 $ 19,562.69 $ 23,475.22
RANGE 26 $ 20,537.48 $ 24,644.97
RANGE 27 $ 21,564.26 $ 25,877.10
RANGE 28 $ 22,637.45 $ 27,164.94
RANGE 29 $ 23,771.93 $ 28,526.31
RANGE 30 $ 24,960.25 $ 29,952.30
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

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21 ATTACHMENT B

SALARY RANGE SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME MANAGEMENT

CLASSIFICATIONS
Effective July 1, 2024
Range Minimum Maximum
RANGE 01 $ 6,244.14 $ 7,492.97
RANGE 02 $ 6,559.69 $ 7,871.63
RANGE 03 $ 6,886.72 $ 8,264.07
RANGE 04 $ 7,227.15 $ 8,672.58
RANGE 05 $ 7,590.50 $ 9,108.61
RANGE 06 $ 7,973.00 $ 9,567.60
RANGE 07 $ 8,368.87 $ 10,042.64
RANGE 08 $ 8,787.71 $ 10,545.25
RANGE 09 $ 9,225.65 $ 11,070.78
RANGE 10 $ 9,688.47 $ 11,626.16
RANGE 11 $ 10,174.23 $ 12,209.07
RANGE 12 $ 10,682.94 $ 12,819.53
RANGE 13 $ 11,214.61 $ 13,457.53
RANGE 14 $ 11,774.95 $ 14,129.93
RANGE 15 $ 12,369.72 $ 14,843.67
RANGE 16 $ 12,983.61 $ 15,580.34
RANGE 17 $ 13,631.94 $ 16,358.33
RANGE 18 $ 14,316.59 $ 17,179.91
RANGE 19 $ 15,029.94 $ 18,035.93
RANGE 20 $ 15,781.54 $ 18,937.84
RANGE 21 $ 16,573.29 $ 19,887.94
RANGE 22 $ 17,405.20 $ 20,886.24
RANGE 23 $ 18,269.63 $ 21,923.54
RANGE 24 $ 19,185.69 $ 23,022.83
RANGE 25 $ 20,149.57 $ 24,179.48
RANGE 26 $ 21,153.60 $ 25,384.32
RANGE 27 $ 22,211.19 $ 26,653.41
RANGE 28 $ 23,316.57 $ 27,979.89
RANGE 29 $ 24,485.09 $ 29,382.10
RANGE 30 $ 25,709.06 $ 30,850.87
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

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22 SALARY RANGE SCHEDULE

HOURLY COMPENSATION BASE FOR REGULAR FULL-TIME SUPERVISORY

AND PROFESSIONAL CLASSIFICATIONS
ACCOUNTANT Step FY 2023 FY 2024 FY 2025
1 $49.52 $51.01 $52.54
2 $52.00 $53.56 $55.17
3 $54.60 $56.24 $57.93
4 $57.33 $59.05 $60.82
5 $60.20 $62.01 $63.87
ADMINISTRATIVE Step FY 2023 FY 2024 FY 2025
ANALYST 1 $49.52 $51.01 $52.54
2 $52.00 $53.56 $55.17
3 $54.60 $56.24 $57.93
4 $57.33 $59.05 $60.82
5 $60.20 $62.01 $63.87
ASSISTANT Step FY 2023 FY 2024 FY 2025
ENGINEER-CIVIL 1 $49.52 $51.01 $52.54
2 $52.00 $53.56 $55.17
3 $54.60 $56.24 $57.93
4 $57.33 $59.05 $60.82
5 $60.20 $62.01 $63.87
ASSOCIATE CIVIL Step FY 2023 FY 2024 FY 2025
ENGINEER 1 $60.21 $62.02 $63.88
2 $63.22 $65.12 $67.07
3 $66.38 $68.37 $70.42
4 $69.70 $71.79 $73.94
5 $73.18 $75.38 $77.64
ASSOCIATE PLANNER Step FY 2023 FY 2024 FY 2025
1 $52.01 $53.57 $55.18
2 $54.61 $56.25 $57.94
3 $57.34 $59.06 $60.83
4 $60.21 $62.02 $63.88
5 $63.22 $65.12 $67.07
INFORMATION TECHNOLOGY Step FY 2023 FY 2024 FY 2025
ANALYST 1 $54.62 $56.26 $57.95
2 $57.35 $59.07 $60.84
3 $60.22 $62.03 $63.89
4 $63.23 $65.13 $67.08
5 $66.39 $68.38 $70.43
JUNIOR ENGINEER-CIVIL Step FY 2023 FY 2024 FY 2025
1 $44.92 $46.27 $47.66
2 $47.17 $48.59 $50.05
3 $49.53 $51.02 $52.55
4 $52.01 $53.57 $55.18
5 $54.61 $56.25 $57.94
Packet Page 950
23 PLAN CHECK ENIGNEER Ste FY 2023 FY 2024 FY 2025
1 $60.21 $62.02 $63.88
2 $63.22 $65.12 $67.07
3 $66.38 $68.37 $70.42
4 $69.70 $71.79 $73.94
5 $73.18 $75.38 $77.64
RECREATION Step FY 2023 FY 2024 FY 2025
SUPERVISOR 1 $52.01 $53.57 $55.18
2 $54.61 $56.25 $57.94
3 $57.34 $59.06 $60.83
4 $60.21 $62.02 $63.88
5 $63.22 $65.12 $67.07
SENIOR ACCOUNTANT Step FY 2023 FY 2024 FY 2025
1 $57.35 $59.07 $60.84
2 $60.22 $62.03 $63.89
3 $63.23 $65.13 $67.08
4 $66.39 $68.38 $70.43
5 $69.71 $71.80 $73.95
SENIOR CIVIL ENGINEER Step FY 2023 FY 2024 FY 2025
1 $66.41 $68.40 $70.45
2 $69.73 $71.82 $73.97
3 $73.22 $75.42 $77.68
4 $76.88 $79.19 $81.57
5 $80.72 $83.14 $85.63

SENIOR INFORMATION

TECHNOLOGY ANALYST
Step FY 2023 FY 2024 FY 2025
1 $60.21 $62.02 $63.88
2 $63.22 $65.12 $67.07
3 $66.38 $68.37 $70.42
4 $69.70 $71.79 $73.94
5 $73.18 $75.38 $77.64
SENIOR PLANNER Step FY 2023 FY 2024 FY 2025
1 $60.21 $62.02 $63.88
2 $63.22 $65.12 $67.07
3 $66.38 $68.37 $70.42
4 $69.70 $71.79 $73.94
5 $73.18 $75.38 $77.64
SENIOR RECREATION Step FY 2023 FY 2024 FY 2025
SUPERVISOR 1 $57.35 $59.07 $60.84
2 $60.22 $62.03 $63.89
3 $63.23 $65.13 $67.08
4 $66.39 $68.38 $70.43
5 $69.71 $71.80 $73.95
Packet Page 951
24 ATTACHMENT C

GENERAL LEAVE PLAN FOR

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL EMPLOYEE GROUP

INCLUDING THE CITY MANAGER AND CITY ATTORNEY
I. DEFINITION
General Leave is compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. Management Leave shall remain separate from General Leave.

II. APPLICABILITY
The General Leave Plan shall apply to regular full-time employees in the Management, Supervisory, and Professional Employee Group. Regular parttime employees in the Management, Supervisory, and Professional Group shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an RPT employee with one year of City service who works 35 hours per week will receive 161 hours of general leave per year. An RPT employee with one year of City service who works 24 hours per week will receive 110.4 hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to RPT employees on a quarterly basis until the process is automated.

III. GENERAL LEAVE CREDITS
A. Regular Full-Time Employees
Eligible regular full-time employees shall be entitled to the following annual accrual.

Years of Completed Service RFT Leave Accrual
1 through 9 184 hours
10 through 14 224 hours
15 through 19 240 hours
20 or more 264 hours
B. General Leave shall be accrued in hours on a semi-monthly basis.

Packet Page 952
25 C. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue General Leave credits.

D. General Leave During First Year: Beginning on the 90th day of employment, regular employees shall be eligible to earn General Leave credits. Upon the completion of said period of service, regular full time employees shall be credited with forty-six (46) working hours of General Leave and shall thereafter accrue General Leave at the rate of 7.66 working hours, semimonthly for the remainder of the first year and as provided in Subsection A, Section III, above.

E. Maximum Accumulation: Regular Full-time employees may accumulate General Leave credits according to the following schedule:

Years of Completed Service Maximum Accrual
1 through 9 368 hours
10 through 14 448 hours
15 through 19 480 hours
20 or more 528 hours
F. Regular Part-Time Employees
Beginning on the 90th day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and as follows:

Years of Complete 20-25 hour 30-35 hour
Completed Service Leave Accrual Leave Accrual
1 through 9 92-115 hours 138-161 hours
10 through 14 112-140 hours 168-196 hours
15 through 19 120-150 hours 180-210 hours
20 or more 132-165 hours 198-231 hours
G. Maximum Accumulation: Regular Part-time employees may accumulate General Leave credits according to the following schedule:

Years of 20-25 hour 30-35 hour
Completed Service Maximum Accrual Maximum Accrual
1 through 9 184-230 hours 276-322 hours
10 through 14 224-280 hours 336-392 hours
15 through 19 240-300 hours 360-420 hours
20 or more 264-330 hours 396-462 hours
Packet Page 953
26 When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank on a quarterly basis. Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

Exceptions to the maximum accrual limits may be approved by the City Manager under special circumstances. Requests to exceed maximum accrual limits must be submitted through the Department Head to the City Manager prior to reaching maximum accrual.

IV. GENERAL LEAVE IMPLEMENTATION
Unused leave credits shall be transitioned to General Leave as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.

B. Sick Leave Credits: All unused sick leave credits shall be maintained in a sick leave bank to be used in accordance with the provisions of the General Leave Plan. Accrued time in the sick leave bank shall not be compensated for in any manner except as used for sick leave or retirement service credit.

C. At time of conversion to General Leave, if vacation credits exceed General Leave accrual limit, a plan shall be developed to reduce converted vacation leave credits to the General Leave accrual limits within six months. A longer period to reduce converted vacation leave credits may be approved by the City Manager under special circumstances.

V. GENERAL LEAVE USAGE
Request and Approval: Department Heads are responsible for arranging leave schedules so that adequate personnel are available to carry on city work. The use of General Leave shall require approval of the Department Head or their designee and shall be governed by the current Personnel Rules dealing with leaves unless specifically covered by this Plan document. Whenever possible, General Leave requests must be approved in advance of the days to be taken as General Leave. The procedure for requesting the use of General Leave shall be as follows:

A. General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc. shall require prior approval of the Department Head, or the employee's supervisor. The time and amount of General Leave to be taken for nonmedical purposes shall be determined by the Department Head with due Packet Page 954
27 regard for the wishes of the employee and particular regard for the needs of the City.

B. General Leave (Medical): An unscheduled absence from work due to an employee's illness shall be referred to as General Leave for medical reasons.

The Department Head may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons.

The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Department Head shall make the determination and final approval of unscheduled General Leave for medical reasons.

C. An employee may request General Leave for an unanticipated absence from work (e.g. medical, car trouble, care of children, etc.) by notifying their supervisor within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed by their supervisor. Final approval for an unanticipated, unscheduled absence shall require Department Head approval. Failure to request an unscheduled leave in the manner described may result in lost work time charged as leave without pay or unauthorized leave of absence. Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

D. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit their ability to return to work at the earliest possible time.

E. Medical examination by the City's examining physician may be requested by the Department Head after prolonged, serious, or repetitious illness, injury, or major surgery. An employee's return to duty following illness or injury is subject to the approval of the Department Head or City Manager based upon medical information supplied by the employee's physician and/or the City's physician.

F. On-the-job Injury: An employee absent from work because of a temporary disability which is defined as industrial under the Workers' Compensation Act may charge General Leave credits (or unused sick leave, if approved by the City Manager) in an amount necessary to make up the difference between the employee's regular pay and the amount payable to the employee as temporary disability payments from the Workers' Compensation Insurance Plan of the City.

G. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue the salary of employment of any employee after it has been determined that such employee is permanently incapacitated from returning to employment and is eligible for disability retirement.

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28 H. Sick Leave Bank: A sick leave bank shall be established for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account.

Employees may transfer General Leave credits to their sick leave bank in accordance with Section VI of the General Leave Plan.

I. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legally-protected leave, may use unused sick leave balances for absences due to further illness or injury prior to using further General Leave.

2. Upon approval of the City Manager, an employee whose absence is due to illness or injury for more than five (5) consecutive work days for any one occurrence may use unused sick leave balances for absences due to further illness or injury for that particular medical condition prior to further using General Leave.

3. Upon approval of the City Manager, an employee who has exhausted all General Leave credits may be granted the use of unused sick leave balances for a medical purpose. The City Manager may impose up to a five (5) workday waiting period based upon a review of the employee's General Leave usage.

VI. GENERAL LEAVE CONVERSION TO PAY OR SICK LEAVE
A. Buy-Back: Upon using one-half of General Leave credits accrued during the 12-month period from July 1 through June 30 of the prior fiscal year, a regular full-time employee may request to receive pay for up to a total of eighty (80) hours of General Leave per fiscal year (forty (40) to fifty (50) hours for 20-25 hour employees; sixty (60) to seventy (70) hours for 30-35 hour employees) in hourly increments at the current hourly salary rate. To be eligible for General Leave conversion to cash, an employee must have a minimum of 10 days (80 hours for full-time or prorated for RPT) of General Leave credits remaining after the conversion. Requests for General Leave buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15 or may be deferred into one of the City sponsored deferred compensation plans within IRS limitations.

For calendar year 2022 only, the total amount of general leave allowed for conversion will be increased one time to 120 hours for regular full-time employees,
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29 Effective November 2022 – By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year, shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: the employee may cash out up to 80 hours of general leave.
• For regular 30-35 hour part-time employees: The employee may cash out up to 60-70 hours of vacation.
• For regular 20-25 hour part-time employees: The employee may cash out up to 40-50 hours of vacation.
• To be eligible to cash out, the employee must have used at least onehalf of the vacation time accrued during the 12-month period preceding December.
• Employees must have a minimum of 10 days (80 hours for full-time or prorated for part-time) remaining in general leave accruals at the time of cash out.
• Employees must submit their General Leave Buy-Back Request Form to Payroll by December 1. This is an irrevocable election by the employee.

For example, to buy back general leave that is accrued in calendar year 2023, a full-time employee must elect by December 1, 2022, the amount of hours they want to buy-back. The employee must have used a minimum of 50% of their accrued general leave between December 1, 2021 and November 30, 2022. Employees must further ensure they will have at least ten (10) days of general leave accruals remaining at the time of the buyback which will occur in December 2023. The buy-back will be paid out in the last full pay period of December 2023, which is December 29, 2023.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the general leave buy-back program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the general leave buy-back program.

VII. GENERAL LEAVE AT TERMINATION
A. An eligible employee whose employment with the City terminates shall be paid for any unused General Leave. Payment for unused General Leave shall be made at the hourly rate of pay in effect for such employee at the time of separation.

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30 B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated.

Such designation shall be in writing, signed by the employee and filed with the Human Resources Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

VIII. HOLIDAYS DURING GENERAL LEAVE
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking General Leave, such employee shall not be charged as using General Leave for that day. The employee's compensation for that day shall be holiday pay
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by Resolution No. 11029xxx, amended by Resolution No. 11183, amended by Resolution No. 11216,
amended by Resolution No. 11239, amended by Resolution No. 11240 Formatted: Line spacing: Exactly 12.25 pt

EXHIBIT A

CITY OF NEWARK

COMPENSATION AND BENEFIT PLAN
FOR

CITY OFFICIALS AND THE MANAGEMENT, SUPERVISORY,

AND PROFESSIONAL EMPLOYEE GROUP
JULY 1, 2019
2022

THROUGH
JUNE 30,
20222025
Adopted: June 23, 2022 July 11, 2019xxxx
REVISED: December 18, 2019
REVISED: February 13, 2020
REVISED: March 18, 2020
REVISED: April 8, 2021
REVISED: June 24, 2021
REVISED: July 8, 2021
Packet Page 959
by Resolution No. 11029xxx, amended by Resolution No. 11183, amended by Resolution No. 11216,
amended by Resolution No. 11239, amended by Resolution No. 11240 Formatted: Line spacing: Exactly 12.25 pt
Resolution No. 10962, amended by Resolution No. 11008, amended by Resolution No. 11025, amended Packet Page 960
Resolution No. 10962, amended by Resolution No. 11008, amended by Resolution No. 11025, amended by Resolution No. 11029, amended by Resolution No. 11183, amended by Resolution No. 11216, amended by Resolution No. 11239, amended by Resolution No. 11240 Section

TABLE OF CONTENTS
Page
I. Term 1
II. Compensation 1
III. Working Hours 3
IV. Acting/Special Assignment Pay 34
V. Deferred Compensation 4
VI. Retirement 56
VII. Health and Welfare 68
VIII. Life Insurance 910
IX. Educational Reimbursement 911
X. Travel Expense Reimbursement
XI. Recreation Benefits
112
11 XII. Proration of Holiday, General, & Bereavement Leave Accruals For Regular Part-Time Employees (RPT)
113
XIII. Management Leave 113
XIVIII. General Leave 123
XVIV. Sick Leave 124
XVIXV. Bereavement Leave 134
XVII. Holidays 134
Attachments
A Management, Supervisory, and Professional Pay Plan
B Salary Schedule
C General Leave Plan
D Recreation Benefits
Packet Page 961
1 COMPENSATION AND BENEFIT PLAN FOR CITY OFFICIALS AND THE

MANAGEMENT, SUPERVISORY, & PROFESSIONAL EMPLOYEE GROUP
I. TERM
This plan shall be in effect from July 1, 2019 2022 through June 30, 20222025.

II. COMPENSATION
The classifications listed below of management, supervisory, and professional personnel including the City Manager and City Attorney shall be compensated pursuant to the Management, Supervisory, and Professional Pay Plan as set forth in Attachment A and Attachment B attached hereto and incorporated herein by this reference. The classifications that are participating in the Management, Supervisory, and Professional Pay Plan including the City Manager and City Attorney are those listed below:

Management, Supervisory, and Professional CompensationClassifications Classification Range
Accountant 9
Accounting Manager 15
Administrative Analyst 9
Assistant to the City Manager 12
Assistant City Engineer 19
Assistant City Manager (Dept. Head)* 24
Administrative Services Director (Dept. Head) 24
Assistant Engineer-Civil 9
Assistant Maintenance Superintendent 14
Assistant Planner 8
Associate Civil Engineer 13
Associate Planner 10
City Architect 19
Chief Building Official 18
City Attorney (Exempt Service)* 24
City Clerk 15
City Manager (Exempt Service)* 28
Community Development Director (Dept. Head)* 24
Community Preservation Manager 12
Deputy Community Development Director 17
Economic Development Manager 15
Environmental Services Manager 15
Finance Director (Dept. Head)* 24
Finance Manager 18
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2 Human Resources Director (Dept. Head)* 24
Human Resources Manager 15
Chief Information Systems Officer/Information Technology Director (Dept Head)*Manager 15
Information Technology Analyst
Junior Engineer - Civil 7
Maintenance Superintendent 16
Plan Check Engineer 13
Planning Manager 15
Police Chief (Dept. Head)* 24
Public Works Director (Dept. Head)* 24
Recreation and Community Services Director (Dept. Head)* 24 *Recreation and Community Services Manager 15
Recreation Supervisor 10
Senior Accountant 12
Senior Administrative Analyst 12
Senior Center Supervisor 9
Senior Civil Engineer 15
Senior Information Technology Analyst
Senior Planner 13
Senior Recreation Supervisor 12
*The Newark Executive Management Team, including all department heads, the City Attorney, the Assistant City Manager, and the City Manager, are at-will positions.

Effective July 1, 20192022, the total compensation salary ranges for management, supervisory, and professional classifications including the City Manager and City Attorney shall be increased one and one-halffour percent (4.01.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All regular management, supervisory, and professional employees including the City Manager and City Attorney, shall receive a one and one-halffour percent (4.01.5%) salary increase.

Effective July 1, 20202023, the total compensation salary ranges for management, supervisory, and professional classifications including the City Manager and City Attorney shall be increased one and one-halfthree percent (3.01.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All regular management, supervisory, and professional employees including the City Manager and City Attorney, shall receive a three one and one-half percent (3.01.5%) salary increase.

Effective July 1, 20212024, the total compensation salary ranges for management, supervisory, and professional classifications including the City Formatted: Tab stops: 5.92", Left
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3 Manager and City Attorney shall be increased one and one-halfthree percent (3.01.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All regular management, supervisory, and professional employees including the City Manager and City Attorney, shall receive a one and one-halfthree percent (3.01.5%) salary increase. If by January 1, 2021, the City’s revenues for Fiscal Year 21/22 are projected to be at least $1,250,000 less than actual revenues for Fiscal Year 20/21, the City may reconsider the ability to provide the one and one half percent (1.5%) salary increase scheduled for July 1, 2021.

Executive Management Team shall include the City Manager, the City Attorney and those classifications designated as Department Heads.

Salary Computation: Hourly equivalent of base monthly = base monthly salary x

0.0057692 (0.0057692 represents the monthly salary divided by the average number of hours worked in a month).

All active management, supervisory, and professional employees employed as of July 1, 2019, shall be eligible to receive an off-salary-schedule lump sum payment. The payment shall be $1,000 for full-time management, supervisory, and professional employees and pro-rated for part-time management, supervisory, and professional employees and shall be provided by no later than September 1, 2019.

The off-salary-schedule lump sum payment of $1,000 is not reportable to CalPERS, consistent with the CalPERS “Off-Salary-Schedule Pay” Circular Letter dated November 10, 2016.

A. Police Chief Compensation: The Police Chief is eligible to receive Longevity Pay and Education Incentive Pay consistent with the Newark Police Management Association (NPMA) Memorandum of Understanding.

III. WORKING HOURS
A. Full-time management, supervisory, and professional employees work 40 hours per week and as necessary. The Nine-Eighty (9/80) is the standard work schedule that equates to 40-hours per week in a two week period.

Typically, an employee assigned to this work schedule will work 9 hours per day for four days and one day of 8 hours in one week (44 hours) and then 9 hours per day for four days in the next week (36 hours). The City Manager may revise the standard work schedule upon reasonable notice.

B. City offices will be closed for business during the December holiday season.

Non-essential employees, as determined by the City Manager, will participate in a four-day furlough. Employees may use general leave, Formatted: Numbered + Level: 1 + Numbering Style:

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Packet Page 964
4 management leave, birthday holiday or floating holidays during the furlough.

C. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough.

Employees on an approved leave of absence without pay that started before December 10 and extends through or beyond December 31 will not be affected by the furlough and will not be eligible for holiday pay.

D. Employees who elect a leave of absence without pay for the furlough may request up to a four-day salary advance. The salary advance must be requested by June 1 preceding the furlough.

Repayment of a salary advance for the furlough may be spread over a period of time provided that:

1. There is two weeks advance notice to payroll,

2. The salary advance for a given fiscal year is fully repaid no later than the last full pay period of the calendar year, so all payments occur within the same calendar and fiscal year of the furloughby May 31 of that fiscal year,

3. Payments begin no later earlier than January July 1 of the fiscal impacted calendar year, and

4. The repayment plan is approved by the Finance Director, or designee prior to the furlough.

E. Alternatives to the 9/80 work schedule will be subject to the approval of the City Manager.

IV. ACTING/SPECIAL ASSIGNMENT PAY
A. Management, supervisory, and professional employees are eligible for premium pay of 5% over base salary while acting in a higher classification when assigned and prescribed by the City Manager.

B. The City agrees to pay regular full-time employees bilingual assignment pay of $100.00 per month. Regular part-time employee scheduled to work 30- 35 hours per week will receive bilingual assignment pay of $75.00 per month and regular part-time employees scheduled to work 20-25 hours per week will receive bilingual assignment pay of $50.00 per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522.

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5 V. DEFERRED COMPENSATION
A. Pursuant to Section 401(a), Internal Revenue Code, the CONTRIBUTION PROVISIONS, Section E, of tThe Newark Executive Management Plan Team shall receive and participate in the following Deferred Compesnation 401(a) Plan provisions:be as follows:

1. The Employer shall contribute on behalf of each participant six percent (6%) of earnings for the Plan Year.

2. Each participant is required to contribute six percent (6%) of earnings for the Plan Year as a condition of participation.

Said participant contribution shall be included in total compensation for the purpose of computation in Public Employees Retirement System.

B. ICMA-RC VantageCare Retirement Health Savings (RHS) plan.

The Newark Executive Management Team will participate in the RHS plan on a mandatory basis. The mandatory contribution will consist of the $100 monthly Health and Welfare Allowance. The $100 monthly allowance will be automatically deferred to the RHS plan. Specifics of the plan and any additional mandatory contributions are described and available in the plan summary.

C. Implementation of Section 414(h)(2) of the United States Internal Revenue Code.

1. Pick-up of Employee Contributions
a. Pursuant to the provisions of this Agreement, the City shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the City in lieu of employee contributions.
b. Employee contributions made under paragraph a. shall be paid from the same source of funds as used in paying the wages to affected employees.
c. Employee contributions made by the City under paragraph a. shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this Agreement.

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6 d. The employee does not have the option to receive the City's contributed amount paid pursuant to this Agreement directly instead of having it paid to the retirement system.

2. Wage Adjustment
Notwithstanding any provision in the current agreement to the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the City pursuant to the provisions hereof.

3. Limitations to Operability
Section V. C. shall be operative only as long as the City of Newark pickup of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code.

VI. RETIREMENT
A. All Management employees who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

B. The City shall continue to provide to all sworn Classic management employees a retirement formula known as “3% at 50" together with single year highest compensation, military service credit for prior service, and the indexed level 1959 survivor benefit options of the CalPERS pension plan.

Sworn Classic Members continue to pay the 9% employee rate for the 3% at 50 retirement formula plus continue to pay up to 4% of an additional contribution in accordance with the following formula for a current total pretax contribution of 13%.

Sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Safety Plan employer actuarial rate for the 3% at 50 retirement formula exceeds 17.00% to a maximum of 25.00%. In the event that the employer rate exceeds 25.00%, the City shall be responsible for any increase above 25.00%. In subsequent years, if the rate over

17.00% decreases, the sworn Classic members matching percentage of salary in the form of the employee contribution rate will be reduced by the above formula. Employer rate reductions below 17.00% will not be shared with sworn Classic members under the above formula.

The following example is for illustrative purposes only:

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7 If the CalPERS Safety Plan employer actuarial rate for the 3% at 50 retirement formula increased from 17.00% to 20.00% effective July 1, 2006, the sworn Classic members’ rate would increase from 9.00% to 10.50%.

The City would then be responsible for the matching 1.50%. If the rate decreased from 20.00% to 18.00%, the sworn Classic members’ rate would decrease by 1.00%. The members’ rate increase or decrease would be done through a contract amendment with CalPERS and the City.

C.B. The City shall continue to provide to all non-sworn Classic management employees a retirement formula known as “2.5% at 55" together with single year highest compensation, pre-retirement optional settlement level 2 death benefit, military service credit for prior service, and the indexed level 1959 Survivor Benefit options of the CalPERS pension plan. Non-Sworn Classic Members continue to pay the 8% employee rate for the 2.5% at 55 retirement formula plus continue to pay up to 3.468% of an additional contribution in accordance with the following formula for a total tax deferred contribution of 11.468%.

Non-sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Miscellaneous Plan employer actuarial rate for the 2.5% at 55 retirement formula exceeds 10.00% to a maximum of

16.936%. In the event that the employer rate exceeds 16.936%, the City shall be responsible for any increase above 16.936%. In subsequent years of the term of the agreement, if the rate over 10.00% decreases, non-sworn Classic members’ matching percentage of salary will be reduced by the above formula. Employer rate reductions below 10.00% will not be shared under the above formula.

The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to 10.00%, each Classic non-sworn member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases from 10.00% to 13.003.0%, each non-sworn Classic member would contribute half of the

3.00% increase (1.50%) from their salary to pay for the retirement benefit. The City would then be responsible for the matching 1.50%. If the rate decreased from 13.00% to

11.00by 3.0%, the non-sworn Classic member would no
longer contribute the additional 01.50% of the increase above

10.00% from their salary
towards the employer rate to pay for the retirement benefit. to pay for the retirement benefit. The City would then be responsible for the 6%
ing 0.50%.

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Packet Page 968
8 D. The City shall provide to sworn management employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) a retirement formula known as 2.7% at 57 in accordance with the Public Employees’ Pension Reform Act of 2013.

Sworn Management employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the 2.7% at 57 plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate (currently 11.5%), sworn PEPRA Members will pay an additional contribution of 4.0% for a total of 15.5%. If CalPERS approves a contract amendment for the City of Newark that charges Sworn New PEPRA Members an additional 1.5% contribution rather than an additional 4% contribution for a current total of 13% rather than a current total of 15.5% (and CalPERS approves the provisions described herein for Sworn Classic Members, Non-Sworn Classic and NonSworn PEPRA Members), the City agrees to amend its contract for Sworn PEPRA Members accordingly.

The following is for illustrative purposes only:

If the employee rate for sworn PEPRA Members is 11.5%, in this example sworn PEPRA Members would pay the 11.5% employee rate plus an additional 4% for a total of 15.5%.

E.C. The City shall provide to all non-sworn Management employees who were appointed on or after January 1, 2013 who are non-sworn PEPRA Members (as defined by CalPERS) a retirement formula known as 2% at 62 in accordance with the Public Employees’ Pension Reform Act of 2013.

Non-sworn Management employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the 2% at 62 plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate (currently 6.25%), non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members pay (currently 3.468%) for a current total of

9.718%.

The following is for illustrative purposes only:

If Classic Members pay 3.468% of the employer rate, PEPRA Members will pay a total of 3.468% of the employer rate. If the employee rate for PEPRA Members is 6.75%, in this example PEPRA Members would pay the 6.75% employee rate plus an Formatted: Font: 12 pt
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9 additional 3.468% towards the employer rate for a total of 10.218%.

F.D. The City shall provide the one-year highest compensation option to Classic sworn and non-sworn members. The City shall provide the three-year average compensation requirement to PEPRA members as defined above.

VII. HEALTH AND WELFARE
A. The contribution by the City toward monthly premiums for health and welfare programs of management, supervisory, and professional employees shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cashin-Lieu benefit as provided below in Section 4. The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

B. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, City-administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet with management, supervisory, and professional employees regarding the impact of such changes.

C. Effective for the 2020 plan year, the City shall contribute to each eligible management, supervisory, and professional employee’s cafeteria plan an amount equal to the following minus the Minimum Employer Contribution.

Employee Only: $844
Employee + 1 Dependent: $1,687
Employee + 2 or more Dependents: $2,228
Effective for the 2021 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $861
Employee + 1 Dependent: $1,721
Employee + 2 or more Dependents: $2,273
Effective for the 2022 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus Packet Page 970
10 the Minimum Employer Contribution.

Employee Only: $878
Employee + 1 Dependent: $1,755
Employee + 2 or more Dependents: $2,318
Effective for the 2023 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular, Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $896
Employee + 1
Dependent: $1,7590
Employee + 2 or more
Dependents: $2,364
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448-$560
Employee + 1 Dependent:
$$895-$1,119
Employee + 2 or more Dependents:
$$1,182-$1,478
Effective for the 2024 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular, Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $913
Employee + 1
Dependent: $1,826
Employee + 2 or more
Dependents: $2,412
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457-$571
Employee + 1 Dependent:
$913-$1,141
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11 Employee + 2 or more
Dependents: $1,206-$1,507
Effective for the 2025 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular, Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $932
Employee + 1
Dependent: $1,862
Employee + 2 or more
Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
Employee + 1 Dependent:
$931-$1,164
Employee + 2 or more
Dependents: $1,230-$1,537
D.C. Cash-in-Lieu and Cafeteria Plan Cash Back: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive $450 “cash-in-lieu” of benefits, which includes the PEMCHA minimum per section A.1 above. Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive “cashout” up to $450 per month of
any money not used for the purchase of employer- offered benefits. Cash-inlieu and cafeteria plan “cashoutcash back” Any “cashout” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working 30-35 hours this amount will be $338-$394.

For Regular Part-Time Employees working 20-25 hours this amount will be $225-$281.

1. Regular full time employees in the Management, Supervisory, and Professional Employee Group, City Manager, and City Attorney are eligibleshall receive for an allowance of up to $100 per month intended to be used towards the cost of health care premiums, long term disability premiums, short term disability premiums and/or reimbursement for medical, dental, vision, and prescription expenses.

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12 Executive Management Team members enrolled in the ICMA VantageCare Retirement Health Savings (RHS) Plan will have their $100 monthly allowance automatically deferred to the RHS plan.

E. All regular part-time employees in the Management, Supervisory, and Professional Employee Group are eligible forshall receive an allowance of up to $75 for 30- 35 hour employees and up to $50 for 20-25 hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:

1. Reimbursement for health care premiums will be paid on a monthly basis up to a maximum of $100 per month for full time employees, up to a maximum of $75 for regular part-time 30-35 hour employees and up to a maximum of $50 for regular part-time 20-25 hour employees.

Executive Management Team members enrolled in the ICMA
VantageCare Retirement Health Savings (RHS) Plan will have their $100 monthly allowance automatically deferred to the RHS plan.

2. Reimbursement for health care expenses may be requested on a quarterly basis by submitting receipt or other evidence of payment for expenses not covered by health care insurance to the Human Resources Department during the last week of each quarter. The minimum reimbursement allowance will be $33.00 and the maximum quarter reimbursement allowance is $300.00 for full time employees, $225 for regular part-time 30-35 hour employees and $150 for regular part-time 20-25 hour employees.

3. An employee must be in a paid status (on the payroll) in order to receive reimbursement for health care premiums, long-term or shortterm disability premiums, or health care expensesthe allowance.

During any unprotected leave of absence without pay, an employee is not eligible to receive the health care benefit allowance. However, upon return from the leave of absence without pay, an eligible employee may receive reimbursement for health care premiums or health care expenses that would have been paid if the employee had continued working provided the employee returns to work within six months of the effective date of the leave of absence without pay.

4.2. Employees appointed to a classification covered by this Compensation Plan will be eligible for the health and welfare benefit on the first of the month coincident to or immediately following appointment.

5.3. When an employee is terminated or in an unpaid leave status, the health and welfare benefit shall be paid on a monthly pro-rata basis if the employee qualified for the Health Benefit. To qualify for pro-rata pay, employee must serve 50 percent of the working days in the Formatted: Font: 12 pt
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Packet Page 973
13 month to qualify for the $100 benefit.

F.D. The City will explore alternatives to the CalPERS health program, in the interest of offering comprehensive and competitively priced health insurance alternatives to employees.

VIII. LIFE INSURANCE
The City will provide City-paid life insurance coverage of $20,000 to each management, supervisory, and professional employee including the City Manager and City Attorney. Effective July 1, 2022, this amount will increase to $50,000 for regular full-time and regular part-time employees. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

IX. EDUCATIONAL REIMBURSEMENT
A. Job-related Training

1. The City Manager may authorize reimbursement up to 100% of the cost for professional courses and programs that are directly related to the employee’s job or which will prepare the employee for advancement or acceptance of greater responsibility. A certificate of completion or a passing course grade must be attained for reimbursement.

B. Plan and Agreement for a College Degree Program

1. In addition to job-related training, the City Manager may authorize reimbursement for up to $10,000.00 of the cost for tuition fees and required text books for a college degree program directly related to the employee’s job which will prepare the employee for advancement or acceptance of greater responsibility provided that the employee attains a course grade of “C” or a passing grade as defined by the degree program if that requirement is higher than a “C” grade.

2. If an employee receives more than $5,000.00 dollars during their term of employment with the City of Newark in a college degree program, the employee is required to sign an Educational Reimbursement Plan Agreement in order to qualify for and to participate in the Educational Reimbursement College Degree Program. The employee is then subject to the Educational Reimbursement Plan and Agreement for a College Degree Program as follows:
a. Employee will maintain employment with the City of Newark for a Packet Page 974
14 period of five years after completion of the last class taken under the Education Reimbursement Plan; and
b. In the event that employee leaves the City of Newark and does not complete the five year employment period, employee warrants that he/she will reimburse to the City all money paid (up to $10,000) under the Educational Reimbursement Plan as follows:
i. 100% of money paid if the employee voluntarily leaves city employment in the first year after completion of the last class taken under the Educational Reimbursement Plan.
ii. 80% of money paid if the employee voluntarily leaves city employment in the second year after completion of the last class taken under the Educational Reimbursement Plan.
iii. 60% of money paid if the employee voluntarily leaves city employment in the third year after completion of the last class taken under the Educational Reimbursement Plan.
iv. 40% of money paid if the employee voluntarily leaves city employment in the fourth year after completion of the last class taken under the Educational Reimbursement Plan.
v. 20% of money paid if the employee voluntarily leaves city employment in the fifth year after completion of the last class taken under the Educational Reimbursement Plan.
vi. After five years following completion of the last class taken under the Educational Reimbursement Plan, employee owes no further monetary obligation to the City of Newark for participation in the Educational Reimbursement Plan.

X. TRAVEL EXPENSE REIMBURSEMENT
A. Management, supervisory, and professional employees who do not receive a vehicle allowance shall be reimbursed for the use of their private vehicle on City business at the rate prescribed by the Internal Revenue Service for Packet Page 975
15 Personal Income Tax Returns.

XI. RECREATION BENEFITS:

Employees and their spouses or registered domestic partners and up to 2 children or grandchildren living in the same household, 26 years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

Employees, their spouses or registered domestic partners, and their children and grandchildren 26 years of age and under, will receive resident rates for class registration and facility rentals.

XI.XII. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT LEAVE ACCRUALS FOR

XII.XIII. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Department Head, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible member of the Management, Supervisory, and Formatted: Font: 12 pt
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Packet Page 976
16 Professional Employee Group in recognition of the extra hours of work required of this employee group for which compensation in the form of overtime pay is not provided. The City Manager may authorize up to an additional sixteen (16) hours of management leave. Management leave may be used for leave purposes only and cannot be converted to pay or carried over from one fiscal year to another.

Management leave must be taken prior to separation.

In recognition of the extra hours of work required, the City Manager and City Attorney shall receive an annual allocation of fifty-six (56) hours of management leave per fiscal year.

Regular part-time employees may be granted management leave proportionally to their assigned work hours as recommended by the Department Head with approval by the City Manager.

XIII.XIV. GENERAL LEAVE
The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. The General Leave Plan is attached to the Compensation and Benefit Plan as Attachment C.

XIV.XV. SICK LEAVE
Each eligible management, supervisory, and professional employee shall have a sick leave bank in which that employee may accrue and use sick leave credits pursuant to the General Leave Plan. Sick leave credits may be used toward early retirement under the Public Employees' Retirement System plan.

A. COVID-Related Temporary Benefits: Employees subject to the Plan that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees are eligible for up to 120 hours of AAL based on 3 weeks of regularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AAL based on 3 weeks of regularly scheduled part-time hours. AAL will be reduced proportionately by the amount of EPAL that the employee used. For example, if a full time employee subject to the Plan partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that employee would have 60 hours of AAL, while if a part time employee subject to the Plan that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that employee would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

XV.XVI. BEREAVEMENT LEAVE
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17 Regular full-time employees may be granted up to a maximum of 40 hours of bereavement leave where there has been a death of a husband, wife, registered domestic partner, son, daughter, stepson, stepdaughter, sister, brother, mother, stepmother, father, stepfather, grandparent, grandchild, grandparent-in-law, mother-in-law, father-in- law, sister-inlaw, brother-in-law, son-in-law, or daughter-in-law of an employee. A maximum of eighty (80) hours of bereavement leave may be granted for the death of a son, daughter, stepson, or stepdaughter.

Regular part-time employees shall be eligible for prorated bereavement leave as described in Section XII and listed below:

Work Schedule Prorated Bereavement Leave
30-35 work hours up to a maximum of 30-35 hours
20-25 work hours up to a maximum of 20-25 hours
XVI.XVII. HOLIDAYS
A. Regular Employees
The following days shall be recognized as municipal holidays for pay purposes for regular full time and regular part-time management, supervisory, and professional employees including the City Manager and City Attorney:
• January 1, New Year's Day
• Third Monday in January, Martin Luther King, Jr. Day
• Third Monday in February, Presidents Day
• Last Monday in May, Memorial Day
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veterans Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• December 24, Christmas Eve Day Last work day before
Christmas
• December 25, Christmas Day
• Employee's Birthday, to be taken within the fiscal year of the employee's birthday, subject to department head approval • Two Ffloating Holidays, to be scheduled subject to
department head approval
Regular full-time employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday.

Packet Page 978
18 When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

The employee birthday holiday and the floating holiday must be scheduled and used during the fiscal year. An employee must be employed in a classification covered by this Resolution on their birth date to be eligible for the birthday holiday during that fiscal year.

Holidays shall not be carried over from one fiscal year to another. Upon separation, an unused holiday cannot be converted to cash.

If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

Work Schedule
30-35 work hours
-25 work hours
Holiday Pay
6-7 hours per holiday
4-5 hours per holiday
Packet Page 979
19 ATTACHMENT A

Structures, and ranges and salary steps will be reviewed annually and updated as necessary based on the market conditions, internal relationships, and City’s financial condition.

Department heads are responsible for recommending to the City Manager salary adjustments for employees within their departments who are covered by the Plan.

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Packet Page 980
20 III. BASIC PLAN ELEMENTS
A. Structure: .

Management Classifications: The Management, Supervisory, and Professional Pay Plan consists of thirty (30) salary ranges which apply to Management classifications and which provide an approximate spread of forty-fivetwenty (4520) percent between the minimum and maximum amounts and a differential of five (5) percent between the maximum of the ranges descending from the maximum amount established for Range No. 30.

All management , supervisory, and professional classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.

A. Supervisory and Professional Classifications: For supervisory and professional classifications, the Pay Plan consists of specific There shall be no specific or predetermined "salary steps". Each classification shall have five (5) salary steps, with an approximate five (5) prevent differential between each salary step. within the range thus allowing the flexibility of adjustment to recognize varying levels of performance. All management, supervisory, and professional classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.

B.C.Performance Appraisal. All management, supervisory, and professional personnel shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date. All individual salary adjustments, including those within a salary range and those made to progress through the pre-determined salary steps, shall be based on performance and require an up-to-date performance evaluation to be considered for a salary adjustment. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The performance review document and the salary Formatted: Not Expanded by / Condensed by
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21 adjustment, either within a salary range or to progress through salary steps, recommended by the department head should be forwarded to the City Manager for consideration and final approval.

C.D.Adjustments based on Management Range Movement. Adjustments to salary ranges may occur to reflect cost-of-living changes, labor market conditions, and parity to avoid compression with non-management, supervisory, and professional position classifications. The City Manager may grant an upward adjustment in an individual's salary in any amount up to an amount equal to the adjustment in the salary range or the City Manager may maintain an individual salary at present level. An adjustment of individual salaries is not required by a change in the salary range to which the position is assigned except to maintain the minimum salary for the range.

D.E.Meritorious Performance Adjustment for Management. An employee shall be eligible to receive one merit increase per twelve-month period if the employee's performance is beyond adeemed to be at a satisfactory level or above. A meritorious performance adjustment would be in addition to any adjustment based on range movement. For fiscal years 2019-2020, 2020-2021 and 2021-2022 sSuch an increase shall be up to two five percent (25%), the exact percentage being determined by the City Manager based on an evaluation of the degree of meritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve month period, but not more than once each six months may be approved by the City Manager for the following reasons:

1. An employee's salary is below the midpoint of the range and the employee has experienced substantial growth in their position representing an increased value to the City.

2. An employee has demonstrated outstanding performance or made an exceptional contribution to the City.

Whenever an employee receives a six-month meritorious performance adjustment, the employee's anniversary date will change pursuant to the Personnel Rules and Regulations.

E.F. Special Adjustment for Management. The City Manager may authorize salary adjustments up to ten (10) percent per fiscal year within the assigned salary range for the following reasons:

1. An employee's performance consistently exceeds the scope and expectations of their classification as determined by the City Manager.

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22 2. Competitive labor market conditions warrant an adjustment.

3. An employee's overall contribution and value to the City as determined by the City Manager warrants an adjustment.

Packet Page 983
23 ATTACHMENT B

SALARY RANGE SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME MANAGEMENT

CLASSIFICATIONS
Management, Supervisory, and Professional Employees
Classification Range
Accounting Manager 15
Assistant to the City Manager 12
Assistant City Engineer 19
Assistant City Manager 25
Assistant Engineer-Civil 9
Assistant Maintenance Superintendent 14
Chief Building Official 18
City Attorney (Exempt Service) 24
City Clerk 165
City Manager (Exempt Service) 28
Community Development Director (Dept. Head) 24
Community Preservation Manager 12
Deputy Community Development Director 18
Economic Development Manager 16
Environmental Services Manager 15
Finance Director (Dept. Head) 24
Human Resources Director (Dept. Head) 24
Chief Information Officer/Information Technology Director 24 Maintenance Superintendent 16
Planning Manager 15
Police Chief (Dept. Head) 25
Public Works Director (Dept. Head) 24
Recreation and Community Services Director (Dept. Head) 24 *Recreation and Community Services Manager 15
Effective July 1, 2022
Range Minimum Maximum
RANGE 01 $5,885.70 $ 7,062.84
RANGE 02 $6,183.14 $ 7,419.77
RANGE 03 $6,491.40 $ 7,789.68
RANGE 04 $6,812.28 $ 8,174.74
RANGE 05 $7,154.78 $ 8,585.74
RANGE 06 $7,515.32 $ 9,018.38
Packet Page 984
24 RANGE 07 $7,888.47 $ 9,466.16
RANGE 08 $8,283.26 $ 9,939.91
RANGE 09 $8,696.06 $ 10,435.27
RANGE 10 $9,132.31 $ 10,958.77
RANGE 11 $9,590.18 $ 11,508.22
RANGE 12 $ 10,069.70 $ 12,083.64
RANGE 13 $ 10,570.84 $ 12,685.01
RANGE 14 $ 11,099.02 $ 13,318.82
RANGE 15 $ 11,659.65 $ 13,991.58
RANGE 16 $ 12,238.30 $ 14,685.96
RANGE 17 $ 12,849.41 $ 15,419.29
RANGE 18 $ 13,494.76 $ 16,193.71
RANGE 19 $ 14,167.16 $ 17,000.59
RANGE 20 $ 14,875.61 $ 17,850.73
RANGE 21 $ 15,621.91 $ 18,746.29
RANGE 22 $ 16,406.07 $ 19,687.28
RANGE 23 $ 17,220.87 $ 20,665.04
RANGE 24 $ 18,084.35 $ 21,701.22
RANGE 25 $ 18,992.90 $ 22,791.48
RANGE 26 $ 19,939.30 $ 23,927.16
RANGE 27 $ 20,936.17 $ 25,123.40
RANGE 28 $ 21,978.11 $ 26,373.73
RANGE 29 $ 23,079.54 $ 27,695.45
RANGE 30 $ 24,233.25 $ 29,079.90
Effective July 1, 2023
Range Minimum Maximum
RANGE 01 $6,062.27 $ 7,274.73
RANGE 02 $6,368.63 $ 7,642.36
RANGE 03 $6,686.14 $ 8,023.37
RANGE 04 $7,016.65 $ 8,419.98
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Packet Page 985
25 RANGE 05 $7,369.42 $ 8,843.31
RANGE 06 $7,740.78 $ 9,288.93
RANGE 07 $8,125.12 $ 9,750.14
RANGE 08 $8,531.76 $ 10,238.11
RANGE 09 $8,956.94 $ 10,748.33
RANGE 10 $9,406.28 $ 11,287.53
RANGE 11 $9,877.89 $ 11,853.47
RANGE 12 $ 10,371.79 $ 12,446.15
RANGE 13 $ 10,887.97 $ 13,065.56
RANGE 14 $ 11,431.99 $ 13,718.38
RANGE 15 $ 12,009.44 $ 14,411.33
RANGE 16 $ 12,605.45 $ 15,126.54
RANGE 17 $ 13,234.89 $ 15,881.87
RANGE 18 $ 13,899.60 $ 16,679.52
RANGE 19 $ 14,592.17 $ 17,510.61
RANGE 20 $ 15,321.88 $ 18,386.25
RANGE 21 $ 16,090.57 $ 19,308.68
RANGE 22 $ 16,898.25 $ 20,277.90
RANGE 23 $ 17,737.50 $ 21,284.99
RANGE 24 $ 18,626.88 $ 22,352.26
RANGE 25 $ 19,562.69 $ 23,475.22
RANGE 26 $ 20,537.48 $ 24,644.97
RANGE 27 $ 21,564.26 $ 25,877.10
RANGE 28 $ 22,637.45 $ 27,164.94
RANGE 29 $ 23,771.93 $ 28,526.31
RANGE 30 $ 24,960.25 $ 29,952.30
Effective July 1, 2024
Range Minimum Maximum
RANGE 01 $6,244.14 $ 7,492.97
Packet Page 986
26 RANGE 02 $6,559.69 $ 7,871.63
RANGE 03 $6,886.72 $ 8,264.07
RANGE 04 $7,227.15 $ 8,672.58
RANGE 05 $7,590.50 $ 9,108.61
RANGE 06 $7,973.00 $ 9,567.60
RANGE 07 $8,368.87 $ 10,042.64
RANGE 08 $8,787.71 $ 10,545.25
RANGE 09 $9,225.65 $ 11,070.78
RANGE 10 $9,688.47 $ 11,626.16
RANGE 11 $ 10,174.23 $ 12,209.07
RANGE 12 $ 10,682.94 $ 12,819.53
RANGE 13 $ 11,214.61 $ 13,457.53
RANGE 14 $ 11,774.95 $ 14,129.93
RANGE 15 $ 12,369.72 $ 14,843.67
RANGE 16 $ 12,983.61 $ 15,580.34
RANGE 17 $ 13,631.94 $ 16,358.33
RANGE 18 $ 14,316.59 $ 17,179.91
RANGE 19 $ 15,029.94 $ 18,035.93
RANGE 20 $ 15,781.54 $ 18,937.84
RANGE 21 $ 16,573.29 $ 19,887.94
RANGE 22 $ 17,405.20 $ 20,886.24
RANGE 23 $ 18,269.63 $ 21,923.54
RANGE 24 $ 19,185.69 $ 23,022.83
RANGE 25 $ 20,149.57 $ 24,179.48
RANGE 26 $ 21,153.60 $ 25,384.32
RANGE 27 $ 22,211.19 $ 26,653.41
RANGE 28 $ 23,316.57 $ 27,979.89
RANGE 29 $ 24,485.09 $ 29,382.10
RANGE 30 $ 25,709.06 $ 30,850.87
July 1, 2020
Salary Range Minimum Maximum
Packet Page 987
27 1 4,684 6,791
2 4,918 7,134
3 5,165 7,492
4 5,423 7,862
5 5,693 8,257
6 5,981 8,671
7 6,277 9,103
8 6,596 9,558
9 6,921 10,033
10 7,267 10,539
11 7,632 11,067
12 8,014 11,620
13 8,415 12,199
14 8,836 12,809
15 9,275 13,453
16 9,741 14,122
17 10,228 14,828
18 10,738 15,571
19 11,275 16,348
20 11,840 17,166
21 12,429 18,025
22 13,053 18,930
23 13,707 19,872
24 14,391 20,865
25 15,111 21,914
26 15,866 23,006
27 16,658 24,157
28 17,492 25,361
29 18,369 26,630
30 19,286 27,963
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.

Packet Page 988
28 Packet Page 989
29 SALARY STEP SCHEDULE

HOURLY RATE COMPENSATION BASE FOR REGULAR FULL-TIME

SUPERVISORY AND PROFESSIONAL CLASSIFICATIONS
Classification
Accountant
Administrative Analyst
Assistant Engineer-Civil
Assistant Planner
Associate Civil Engineer
Associate Planner
Information Technology Analyst
Junior Engineer - Civil
Plan Check Engineer
Recreation Supervisor
Senior Accountant
Senior Administrative Analyst Ste
Senior Civil Engineer
Senior Information Technology Analyst
Senior Planner
Senior Recreation Supervisor
ACCOUNTANT Step FY 2023 FY 2024 FY 2025
1 $49.52 $51.01 $52.54
2 $52.00 $53.56 $55.17
3 $54.60 $56.24 $57.93
4 $57.33 $59.05 $60.82
5 $60.20 $62.01 $63.87
ADMINISTRATIVE ANALYST Step FY 2023 FY 2024 FY 2025
1 $49.52 $51.01 $52.54
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Packet Page 990
30 2 $52.00 $53.56 $55.17
3 $54.60 $56.24 $57.93
4 $57.33 $59.05 $60.82
5 $60.20 $62.01 $63.87
ASSISTANT ENGINEER-CIVIL Step FY 2023 FY 2024 FY 2025
1 $49.52 $51.01 $52.54
2 $52.00 $53.56 $55.17
3 $54.60 $56.24 $57.93
4 $57.33 $59.05 $60.82
5 $60.20 $62.01 $63.87
ASSOCIATE CIVIL ENGINEER Step FY 2023 FY 2024 FY 2025
1 $60.21 $62.02 $63.88
2 $63.22 $65.12 $67.07
3 $66.38 $68.37 $70.42
4 $69.70 $71.79 $73.94
5 $73.18 $75.38 $77.64
ASSOCIATE PLANNER Step FY 2023 FY 2024 FY 2025
1 $52.01 $53.57 $55.18
2 $54.61 $56.25 $57.94
3 $57.34 $59.06 $60.83
4 $60.21 $62.02 $63.88
5 $63.22 $65.12 $67.07

INFORMATION

TECHNOLOGY

ANALYST
Step FY 2023 FY 2024 FY 2025
1 $54.62 $56.26 $57.95
2 $57.35 $59.07 $60.84
3 $60.22 $62.03 $63.89
4 $63.23 $65.13 $67.08
5 $66.39 $68.38 $70.43
JUNIOR ENGINEER-CIVIL Step FY 2023 FY 2024 FY 2025
1 $44.92 $46.27 $47.66
2 $47.17 $48.59 $50.05
3 $49.53 $51.02 $52.55
4 $52.01 $53.57 $55.18
5 $54.61 $56.25 $57.94

PLAN CHECK ENGINEER
Step FY 2023 FY 2024 FY 2025
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Packet Page 991
31 1 $60.21 $62.02 $63.88
2 $63.22 $65.12 $67.07
3 $66.38 $68.37 $70.42
4 $69.70 $71.79 $73.94
5 $73.18 $75.38 $77.64
RECREATION SUPERVISOR Step FY 2023 FY 2024 FY 2025
1 $52.01 $53.57 $55.18
2 $54.61 $56.25 $57.94
3 $57.34 $59.06 $60.83
4 $60.21 $62.02 $63.88
5 $63.22 $65.12 $67.07
SENIOR ACCOUNTANT Step FY 2023 FY 2024 FY 2025
1 $57.35 $59.07 $60.84
2 $60.22 $62.03 $63.89
3 $63.23 $65.13 $67.08
4 $66.39 $68.38 $70.43
5 $69.71 $71.80 $73.95
SENIOR CIVIL ENGINEER Step FY 2023 FY 2024 FY 2025
1 $66.41 $68.40 $70.45
2 $69.73 $71.82 $73.97
3 $73.22 $75.42 $77.68
4 $76.88 $79.19 $81.57
5 $80.72 $83.14 $85.63

SENIOR INFORMATION

SENIOR RECREATION

SUPERVISOR
Step FY 2023 FY 2024 FY 2025
1 $57.35 $59.07 $60.84
2 $60.22 $62.03 $63.89
3 $63.23 $65.13 $67.08
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32 4 $66.39 $68.38 $70.43
5 $69.71 $71.80 $73.95
Packet Page 993
33 ATTACHMENT C

GENERAL LEAVE PLAN FOR

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL EMPLOYEE GROUP

II. APPLICABILITY
The General Leave Plan shall apply to regular full timefull-time employees in the Management, Supervisory, and Professional Employee Group. Regular parttime employees in the Management, Supervisory, and Professional Group shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an RPT employee with one year of City service who works 35 hours per week will receive 161 hours of general leave per year.

An RPT employee with one year of City service who works 24 hours per week will receive 110.4 hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to RPT employees on a quarterly basis until the process is automated.

III. GENERAL LEAVE CREDITS
A. Regular Full-Time Employees
Eligible regular full-time employees shall be entitled to the following annual accrual.

Years of RFT
Completed Service Leave Accrual
1 through 9 184 hours
10 through 14 224 hours
15 through 19 240 hours
20 or more 264 hours
B. General Leave shall be accrued in hours on a semi-monthly basis.

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34 C. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue General Leave credits.

D. General Leave During First Year: Beginning on the 90th day of employment, regular employees shall be eligible to earn General Leave credits. Upon the completion of said period of service, regular full time employees shall be credited with forty-six (46) working hours of General Leave and shall thereafter accrue General Leave at the rate of 7.66 working hours, semi-monthly for the remainder of the first year and as provided in Subsection A, Section III, above.

E. Maximum Accumulation: Regular Full-time employees may accumulate General Leave credits according to the following schedule:

Years of Maximum accrual
Completed Service
1 through 9 368 hours
10 through 14 448 hours
15 through 19 480 hours
20 or more 528 hours
F. Regular Part-Time Employees
Beginning on the 90th day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and as follows:

Years of 20-25 hour 30-35 hour
Completed Service Leave Accrual Leave Accrual
1 through 9 92-115 hours 138-161 hours
10 through 14 112-140 hours 168-196 hours
15 through 19 120-150 hours 180-210 hours
20 or more 132-165 hours 198-231 hours
G. Maximum Accumulation: Regular Part-time employees may accumulate General Leave credits according to the following schedule:

Years of 20-25 hour 30-35 hour
Completed Service Maximum accrual Maximum accrual
1 through 9 184-230 hours 276-322 hours
10 through 14 224-280 hours 336-392 hours
15 through 19 240-300 hours 360-420 hours
20 or more 264-330 hours 396-462 hours
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35 When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank on a quarterly basis. Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

IV. GENERAL LEAVE IMPLEMENTATION
Unused leave credits shall be transitioned to General Leave as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.

Whenever possible, General Leave requests must be approved in advance of the days to be taken as General Leave. The procedure for requesting the use of General Leave shall be as follows:

A. General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc.

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36 shall require prior approval of the Department Head, or the employee's supervisor. The time and amount of General Leave to be taken for nonmedical purposes shall be determined by the Department Head with due regard for the wishes of the employee and particular regard for the needs of the City.

B. General Leave (Medical): An unscheduled absence from work due to an employee's illness shall be referred to as General Leave for medical reasons. The Department Head may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons. The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Department Head shall make the determination and final approval of unscheduled General Leave for medical reasons.

Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

D. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit their ability to return to work at the earliest possible time.

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37 G. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue the salary of employment of any employee after it has been determined that such employee is permanently incapacitated from returning to employment and is eligible for disability retirement.

H. Sick Leave Bank: A sick leave bank shall be established for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account. Employees may transfer General Leave credits to their sick leave bank in accordance with Section VI of the General Leave Plan.

I. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legally-protected leave, for more than eight (8) cumulative work days during any fiscal year may use unused sick leave balances for absences due to further illness or injury prior to using further General Leave.

VI. GENERAL LEAVE CONVERSION TO PAY OR SICK LEAVE
A. Buy-Back: Upon using one-half of General Leave credits accrued during the 12-month period from July 1 through June 30 of the prior fiscal year, a regular full-time employee may request to receive pay for up to a total of eighty (80) hours of General Leave per fiscal year (forty (40) to fifty (50) hours for 20-25 hour employees; sixty (60) to seventy (70) hours for 30-35 hour employees) in hourly increments at the current hourly salary rate. To be eligible for General Leave conversion to cash, an employee must have a minimum of 10 days (80 hours for full-time or prorated for RPT) of General Leave credits remaining after the conversion. Requests for General Leave buy-back may be made up to two times per fiscal year Formatted: Underline
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38 in October and/or April for payment on December 15 and/or June 15 or may be deferred into one of the City sponsored deferred compensation plans within IRS limitations.

For calendar year 2022 only, the total amount of general leave allowed for conversion will be increased one time to 120 hours for regular full-time employees, Effective November 2022 –
By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year, shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: the employee may cash out up to 80 hours of general leave.
• For regular 30-35 hour part-time employees: The employee may cash out up to 60-70 hours of vacation.
• For regular 20-25 hour part-time employees: The employee may cash out up to 40-50 hours of vacation.
• To be eligible to cash out, the employee must have used at least one-half of the vacation time accrued during the 12-month period preceding December. • Employees must have a minimum of 10 days (80 hours for full-time or prorated for part-time) remaining in general leave accruals at the time of cash out. • Employees must submit their General Leave Buy-Back Request Form to Payroll by December 1. This is an irrevocable election by the employee.

For example, to buy back general leave that is accrued in calendar year 2023, a full-time employee must elect by December 1, 2022, the amount of hours they want to buy-back. The employee must have used a minimum of 50% of their accrued general leave between December 1, 2021 and November 30, 2022. Employees must further ensure they will have at least ten (10) days of general leave accruals remaining at the time of the buy-back which will occur in December 2023. The buyback will be paid out in the last full pay period of December 2023, which is December 29, 2023.

B. The City Manager and City Attorney may request at any time during the fiscal year to receive pay for up to eighty (80) hours of General Leave in hourly increments at the current hourly salary rate.

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39 B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated. Such designation shall be in writing, signed by the employee and filed with the Human Resources Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

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40 ATTACHMENT D

RECREATION BENEFITS
I. Employees and their spouses or registered domestic partners and up to 2 children or grandchildren living in the same household, 26 years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

II. Employees, their spouses or registered domestic partners, and their children and grandchildren 26 years of age and under, will receive resident rates for class registration and facility rentals.

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§'§. CITY OF NEWARK, CALIFORNIA
To: Employees Subject to Compensation and Benefit Plan for the City Officials and the Management, Supervisory, and Professional Employee Group including the Executive Management Team
From: David Benoun, City Manager
Date: May 14, 2020
This will serve as a Compensation and Benefit Plan Modification for employees subject to the Compensation and Benefit Plan for the City Officials and the Management, Supervisory, and Professional Employee Group including the Executive Management Team, dated July 11, 2019 (the "Plan"). The purpose of this modification is to address changed conditions as a result of the COVID-19 pandemic and necessary reductions and revisions to service delivery within the City as a result. This modification will become effective upon approval by the City Council.

Due to the COVID-19 pandemic, the following entities and individuals have taken the actions identified below:
- On January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public emergency.
- On March 4, 2020, the Governor of the State of California declared a state of emergency in the State of California.
- On March 1, 2020, the Alameda County Health Officer declared a local health emergency and on March 10, 2020, the Alameda County Board of Supervisors ratified the declaration of a local health emergency.
- On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. - On March 13, 2020, the President of the United States declared a state of national emergency.
- On March 16, 2020, the Newark City Manager, acting in his capacity as the Director of Emergency Services, proclaimed the existence of a local emergency and on March 17, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency.

On March 16, 2020, the Alameda County Public Health Officer issued an Executive Order directing the public to shelter at their place of residence except under certain limited circumstances (the "SIP"). The Alameda County Public Health Officer has since extended and Packet Page 1002
modified the SIP. Additionally, the Governor of the State of California has issued a statewide Executive Order directing the public to shelter at their place of residence.

The City has made modifications to activity and services in response to the SIP, the emergency declarations and the COVID-19 pandemic. The City granted employees that were unable to perform their regular duties emergency paid administrative leave beginning March 17, 2020 ("EPAL").

This modification isto provide the following in addition to benefits and compensation outlined in the Plan.
- Use of Federal Leaves: Employees subject to the Plan that were unable to work and were thus required to shelter in place have access to up to 80 hours of Emergency Paid Sick Leave.

Employees subject to the Plan that were unable to work because they needed to care for a child whose school closed or child care was unavailable became eligible to utilize Emergency Family Leave. These benefits will be available through December 31, 2020 provided that the employee meets the eligibility requirements for the programs as established by federal law. - Temporary Suspension of Maximum General Leave Accrual: The maximum accumulation of general leave credits identified in Attachment C, Sections III.E and III.G of the Plan are temporarily suspended for any excess general leave credits accumulated March 16, 2020 through March 15, 2021. Employees subject to the Plan will have until March 15, 2022 to utilize any excess general leave hours pursuant to the Plan. Any excess general leave accruals remaining on March 16, 2022 will be cashed out on the first pay period following the pay period including March 16, 2022.
- Extended Time to Use Certain Leave: Section XII of the Plan provides that management leave must be used within a fiscal year and Section XVI of the Plan provides that birthday and floating holiday must be used within a fiscal year and cannot be carried over from one fiscal year to another. In recognition of the fact that employees subject to the Plan may not be able to utilize management leave, birthday holiday, or floating holiday during fiscal year 2019-2020, management leave, birthday holiday, and floating holiday balances that are not used during fiscal year 2019-2020 can be carried over and used during fiscal year 2020-2021 pursuant to the Plan. Management leave, birthday holiday, and floating holiday balances carried over from fiscal year 2019-2020 must be used prior to the end of fiscal year 2020-2021. - Employees That Did Not Use EPAL: Employees subject to the Plan that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees are eligible for up to 120 hours of AAL based on 3 weeks ofregularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AAL based on 3 weeks of regularly scheduled part-time hours. AAL will be reduced proportionately by the amount of EPAL that the employee used. For example, if a full time employee subject to the Plan partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that employee would have 60 hours of AAL, while if a part time employee subject to the Plan that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that employee would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and
no longer available for use.

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Dated: June 18, 2020
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CITY OF NEWARK, CALIFORNIA

To: Employees Subject to Compensation and Benefit Plan for the City Officials and the Management, Supervisory, and Professional Employee Group including the Executive Management Team
From: David Benoun, City Manager
Date: June 25, 2020
This will serve as a Compensation and Benefit Plan Modification for employees subject to the Compensation and Benefit Plan for the City Officials and the Management, Supervisory, and Professional Employee Group including the Executive Management Team, dated July 11, 2019 (the "Plan"). The purpose of this modification isto address changed circumstances as a result of significant economic impacts and impacts to the City's budget and financial circumstances due to the COVID-19 pandemic. This modification will become effective upon approval by the City Council.

Due to the COVID-19 pandemic, the following entities and individuals have taken the actions identified below:
- On January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public emergency.
- On March 4, 2020, the Governor of the State of California declared a state of emergency in the State of California.
- On March 1, 2020, the Alameda County Health Officer declared a local health emergency and on March 10, 2020, the Alameda County Board of Supervisors ratified the declaration of a local health emergency.
- On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. - On March 13, 2020, the President of the United States declared a state of national emergency. - On March 16, 2020, the Newark City Manager, acting in his capacity as the Director of Packet Page 1005
Emergency Services, proclaimed the existence of a local emergency and on March 17, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency.

On March 16, 2020, the Alameda County Public Health Officer issued an Executive Order directing the public to shelter at their place of residence except under certain limited circumstances (the "SIP"). The Alameda County Public Health Officer has since extended and Packet Page 1006
modified the SIP. Additionally, the Governor of the State of California hasissued a statewide Executive Order directing the public to shelter at their place of residence.

The SIP has prevented a number of businesses from operating within the City and prevented the City from operating community programs, resulting in a significant decline in salestax revenue, transient occupancy tax revenue, and revenue from City fees. As of the date of the side letter, the City projects deficits of greater than $7 million for fiscal years 20/21 and 21/22.

As a result of the severe fiscal impacts to the City, this modification isto provide for elimination of the total compensation increase of 1.5% scheduled for July 1, 2020 with revisions in redline to the Plan as follows:
- Section II of Plan:

II. COMPENSATION

The classifications listed below of management, supervisory, and professional personnel including the City Manager and City Attorney shall be compensated pursuant to the Management, Supervisory, and Professional Pay Plan as set forth in Attachment A and Attachment B attached hereto and incorporated herein by this reference. The classifications that are participating in the Management, Supervisory, and Professional Pay Plan including the City Manager and City Attorney are those listed below:

Management, Supervisory, and Professional Compensation

Classification Accountant Accounting Manager
Administrative Analyst
Assistant to the City Manager Assistant City
Engineer
Assistant City Manager (Dept. Head)
Administrative Services Director (Dept. Head)
Assistant Engineer-Civil
Assistant Maintenance Superintendent Assistant
Planner
Associate Civil Engineer Associate Planner
Chief Building Official/City Architect City Attorney
(Exempt Service)
City Clerk
City Manager (Exempt Service)
Community Development Director (Dept. Head)
Deputy Community Development Director
Economic
Development
Manager
*Finance Director
Finance Manager
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RqQge
9 15
9 12
19 24
24 9
14 8
13 10
18 24
15 28
24 17
13 24
18 Packet Page 1008
Human Resources Director (Dept. Head) 2
4 Information Systems Manager 1
5 Junior Engineer - Civil 7
Maintenance Superintendent 1
6 Plan Check Engineer 1
3 Planning Manager 1
5 Police Chief (Dept. Head) 2
4 Public Works Director (Dept. Head) 2
4 Recreation and Community Services Director (Dept.

Head)
2 4
Recreation Supervisor 1
0 Senior Accountant 1
2 Senior Administrative Analyst 1
2 Senior Center Supervisor 9
Senior Civil Engineer 1
5 Senior Planner 1
3 Senior Recreation Supervisor 1
2 Effective July 1, 2019, the total compensation salary ranges for management, supervisory, and professional classifications including the City Manager and City Attorney shall be increased one and one-half percent (1.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All regular management, supervisory, and professional employees including the City Manager and City Attorney, shall receive a one and one-half percent (1.5%) salary increase.

Effective July 1, 2020, the total compensation salary ranges for management, supervisory, and professional classifications including the City Manager and City Attorney shall be increased one and one half percent (1.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All regular management, supervisory, and professional employees including the City 4anager and City Attorney, shall receive a one and one half percent (1.5%) salary Formatted: List Paragraph, Indent: Left: 0.25", First
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increase.

Effective July 1, 2021, the total compensation salary ranges for management, supervisory, and professional classifications including the City Manager and City Attorney shall be increased one and one-half percent (1.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All regular management, supervisory, and professional employees including the City Manager and City Attorney, shall receive a one and one-half percent (1.5%) salary increase. If by January 1, 2021, the City's revenues for Fiscal Year 21/22 are projected to be at least $1,250,000 less than actual revenues for Fiscal Year 20/21, the City may reconsider the ability to provide the one and one half percent (1.5%) salary increase scheduled for July 1, 2021.

Executive Management Team shall include the City Manager, the City Attorney and those classifications designated as Department Heads.

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Salary Computation: Hourly equivalent of base monthly = base monthly salary x

0.0057692 (0.0057692 represents the monthly salary divided by the average number of hours worked in a month).

The off-salary-schedule lump sum payment of $1,000 is not reportable to CalPERS, consistent with the CalPERS "Off-Salary-Schedule Pay" Circular Letter dated November 10, 2016.

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Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.
- Attachment B of Plan:

ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Management, Supervisory, and Professional Employees
July 1, 2019
Salary
Range
Mini
mum
Maxi
mum
1 4,615 6,691
2 4,846 7,029
3 5,088 7,381
4 5,343 7,745
5 5,609 8,135
6 5,893 8,543
7 6,184 8,969
8 6,498 9,417
9 6,819 9,885
10 7,160 10,383
11 7,519 10,903
12 7,896 11,448
13 8,291 12,019
14 8,706 12,619
15 9,138 13,254
16 9,597 13,914
17 10,07
7 14,609
18 10,57
9 15,341
19 11,10
8 16,106
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Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.
20 11,66
5 16,912
21 12,24
5 17,758
22 12,86
0 18,65
1 23 13,50
5 19,57
8 24 14,17
9 20,557
25 14,88
8 21,590
26 15,63
2 22,666
27 16,41
2 23,800
28 17,23
4 24,986
29 18,09
7 26,237
30 19,00
1 27,550
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Packet Page 1013
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Management, Supervisory, and Professional Employees

July 1, 20210
Salary
Range
Minim
um
Maxi
mum
1 4,684 6,791
2 4,918 7,134
3 5,165 7,492
4 5,423 7,862
5 5,693 8,257
6 5,981 8,671
7 6,277 9,103
8 6,596 9,558
9 6,921 10,03
3 10 7,267 10,53
9 11 7,632 11,06
7 12 8,014 11,62
0 13 8,415 12,19
9 14 8,836 12,80
9 15 9,275 13,45
3 16 9,741 14,12
2 17 10,22
8 14,82
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Formatted ...

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Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.
18 10,73
8 15,57
1 19 11,27
5 16,34
8 20 11,84
0 17,16
6 21 12,42
9 18,02
5 22 13,05
3 18,93
0 23 13,70
7 19,87
2 24 14,39
1 20,86
5 25 15,11
1 21,91
4 26 15,86
6 23,00
6 27 16,65
8 24,15
7 28 17,49
2 25,36
1 29 18,36
9 26,63
0 30 19,28
6 27,96
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Packet Page 1017
Dated: '],,-,l,,,--
3540835.1
Packet Page 1018

NE
WAR
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cali,f
orni,a
City of
Newark

City Manager's
Office
37101 Newark Boulevard
Newark, CA 94560

To: Employees Subject to Compensation and Benefit Plan for the City Officials and the Management, Supervisory, and Professional Employee Group including the Executive Management Team

From: David Benoun, City Manager Date: April 8, 2021

This will serve as a Compensation and Benefit Plan Modification for employees subject to the Compensation and Benefit Plan for the City Officials and the Management, Supervisory, and Professional Employee Group including the Executive Management Team, dated July 11, 2019 (the "Plan"). The purpose of this modification letter is to address continued changed circumstances as a result of the COVID-19 pandemic. This modification letter will become effective upon approval by the City Council.

Due to the COVID-19 pandemic, the following entities and individuals have taken the actions identified below:

- On January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public emergency.

- On March 4, 2020, the Governor of the State of California declared a state of emergency in the State of California.

On March 1, 2020, the Alameda County Health Officer declared a local health emergency and on March 10, 2020, the Alameda County Board of Supervisors ratified the declaration of a local health emergency.

On March 11, 2020, the World Health Organization declared COVID-19 a pandemic.

On March 13, 2020, the President of the United States declared a state of national emergency.

On March 16, 2020, the Newark City Manager, acting in his capacity as the Director of Emergency Services, proclaimed the existence of a local emergency and on March 17, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency.

On May 14, 2020, the Newark City Council authorized a side letter to the MOU to approve temporary modified benefits as a result of changed conditions due to the COVID-19 pandemic {Side Letter), and it is now necessary to revisit the terms of the Side Letter.

Packet Page 1019

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Packet Page 1020
City of NeiVcJ,k -- City 1lr.111agE:,r s Oifice
On March 19, 2021, the California State Governor signed Senate Bill 95, requiring employers to provide supplemental paid sick leave to its employees.

The Alameda County Public Health Officer continues to extend and modify an Executive Order directing the public to comply with social distancing measures and other restrictions necessary to control the spread of COVID-19.

The modification is to provide the following in addition to the benefits and compensation outlined in the Plan.

- Use of Federal Leaves: The number of hours of Emergency Paid Sick Leave (EPSL) accessible, consistent with the Families First Coronavirus Response Act and as provided under the Side Letter, is hereby extended to June 30, 2021, provided that the member meets the eligibility requirements for the program as established by federal law. Emergency Family Medical Leave expired December 31, 2020 under the Side Letter.

- Temporary Suspension of Maximum General Leave Accrual: The maximum accumulation of general leave credits identified in Attachment B, Section 111.E of the Plan is temporarily suspended for any excess accruals between March 16, 2020 and through June 30, 2021. Employees subject to the Plan will have until June 30, 2022 to utilize any excess general leave accruals pursuant to the MOU. Employees subject to the Plan may also convert an additional amount of general leave hours equaling up to three months of general leave accrual into excess general leave accruals. Any excess general leave accruals remaining on June 30, 2022 will be cashed out on the first pay period following the pay period including June 30, 2022.

- Temporary Suspension of General Leave Conversion to Pay Requirement: The requirement identified in Attachment C, Section VI.A requiring employees to use one-half of general leave credits accrued during the 12- month period from July 1 through June 30 of the prior fiscal year is waived for the June 15, 2021 payment that may be requested in April 2021, the December 15, 2021 payment that may be requested in October 2021, and the June 15, 2022 payment that may be requested in April 2022.

- Supplemental Paid Sick Leave (SPSL): Effective January 1, 2021, employees subject to the Plan are eligible for two weeks of paid regular work schedule hours if they were unable to work or telework due to their own or a qualifying family member's isolation or quarantine period; to care for a child whose school or day care is unavailable; or to attend a vaccination appointment or care for their own vaccine-related symptoms. This benefit will be available to Plan members through September 30, 2021, provided that the member meets the eligibility requirements for the program as established by state law.

- Workplace exposure paid leave: After exhaustion of EPSL and SPSL, and if telework is unavailable, employees exposed to COVID-19 in the workplace will receive paid administrative leave for the hours they must remain in isolation or quarantine as required by the Alameda County Public Health Officer's Order at any point in time during the local emergency. This benefit does not apply to employees who are teleworking.

Packet Page 1021
City of Newark - City Manager's Office
- Authority to extend benefits: The City Manager is authorized to extend any of the above benefits expiration dates, in any increment of time, up to the end of the declaration of the City local emergency. -
Packet Page 1022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AMENDMENT TO THE CITY
MANAGER EMPLOYMENT AGREEMENT WITH DAVID J.

BENOUN AND APPROVING AN AMENDMENT TO THE
CITY’S SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the City Council appointed David J. Benoun (“Benoun”) to serve as the City Manager of Newark effective as of December 29, 2018; and WHEREAS, the City and Benoun entered into an employment agreement (the “Employment Agreement”); and
WHEREAS, under the terms of the Employment Agreement, Benoun’s initial annual base salary was set at $244,092 per year; and
WHEREAS, the City Council has conducted annual performance evaluations of Benoun since his initial appointment as City Manager; and
WHEREAS, following the conclusion of Benoun’s most recent performance evaluation, the City Council designated Mayor Nagy as labor negotiator to discuss a merit increase for Benoun; and
WHEREAS, the City Council has had an opportunity to consider a potential merit increase for Benoun; and
WHEREAS, the City Council desires to provide Benoun with a fourteen and seven tenths percent (14.7%) merit increase in annual base salary, effective as of July 1, 2022; and WHEREAS, Benoun has and will continue to receive cost of living general salary increases equal to the amounts provided to classifications that participate in the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group, as provided for by the Employment Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The above recitals are true and correct, and are incorporated herein.

2. The City Council approves an amendment to the Employment Agreement substantially in the form attached hereto as Exhibit “1,” and authorizes Mayor Nagy to execute the Agreement on behalf of the City, as approved by the City Attorney.

3. The Mayor is authorized to execute the amendment to the Employment Agreement, in a form approved by the City Attorney.

Packet Page 1023

4. The City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective July 1, 2022.

Packet Page 1024
RESOLUTION NO. 10873

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPOINTING DAVID J. BENOUN AS CITY
MANAGER EFFECTIVE DECEMBER, 29, 2018, AND

AUTHORIZING MAYOR NAGY TO EXECUTE A CITY

MANAGER EMPLOYMENT AGREEMENT
WHEREAS, on September 13, 2018, City Manager John Becker provided his resignation to the City ofNewark, effective December 28, 2018; and
WHEREAS, the City Council met in closed session to consider the appointment of a new City Manager, including Mr. David J. Benoun, the current City Attorney. After an interview with Mr. Benoun, the City Council offered Mr. Benoun the position of City Manager, and he accepted; and
WHEREAS, the City Council appointed Mayor Nagy to meet with Mr. Benoun to negotiate an employment agreement. Mayor Nagy evaluated executive compensation within the City and compensation of city managers in Alameda County and comparable cities. Mayor Nagy also considered the City Council' s opinion of Mr. Benoun' s prior work and experience with the City. As a result of those factors and contract negotiations, Mayor Nagy recommended a City Manager Employment Agreement to the City Council; and
WHEREAS, the City Council desires to execute an employment agreement with Mr.

Benoun that establishes the terms and conditions of his employment as City Manager.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The City Council hereby appoints David J. Benoun as City Manager of the City of Newark, effective December 29, 2018, pursuant to the Newark Municipal Code and the terms of the attached City Manager Employment Agreement.

2. The City Council hereby approves the City Manager Employment Agreement between the City of Newark and David J. Benoun, substantially in the form attached hereto as Exhibit 4," and authorizes Mayor Nagy to execute the Agreement on behalf of the City, as approved by Special Counsel.
3083085. 1
Packet Page 1025
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on December 13, 2018, by Council Member Bucci who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Bucci, Collazo, Freitas, Vice Mayor Hannon, and Mayor Nagy
NOES: None
ABSENT: None
SECONDED: Vice Mayor Hannon
c
AT/TEST: ,
s/ SHEILA HA;= ' T N
City Clerk
APPROVED AS TO FORM:
s/ KRISTOP R KOKOTAYLO
Legal Counsel
Resolution No. 10873
APPROVED:
n- -) Ian
s/ ALAN L. NAGY
Mayor
Packet Page 1026
Exhibit 1

EMPLOYMENT AGREEMENT
THIS AGREEMENT, effective this 29th day of December, 2018, by and between THE CITY OF NEWARK (" CITY") and DAVID J. BENOUN (" BENOUN") ( collectively the PARTIES").

RECITALS
Whereas, CITY currently employs BENOUN as City Attorney; Whereas, City Council, as appointing authority, desires to employ BENOUN as City Manager, starting December 29, 2018; and BENOUN desires to serve in such capacity; and Whereas, the City Council and BENOUN desire to agree in writing on the terms and conditions of employment.

NOW THEREFORE, in consideration of the mutual covenants, promises, and representations hereinafter set forth, the PARTIES hereto do now agree as follows:

SECTION I
DUTIES
a) CITY hereby agrees to employ BENOUN, commencing December 29, 2018, as City Manager of the CITY to perform the functions and duties specified by the general laws of the State of California and by the Newark Municipal Code and other ordinances and resolutions of CITY, and to perform other legally permissible and proper duties and functions as Council may from time to time assign.
b) CITY currently employs BENOUN as City Attorney. On December 29, 2018, BENOUN shall vacate the Office of City Attorney and shall immediately commence his duties as City Manager on that day.
c) BENOUN agrees to devote his productive time, ability, and attention to the CITY' s business during the term of this Agreement. BENOUN shall not hold secondary employment, and shall be employed exclusively by the CITY. However, the CITY recognizes that BENOUN may actively participate in community affairs and shall be permitted to volunteer time, energy and expertise, and from time -to -time, to serve and hold office in charitable, non-profit, public service, service club, religious, and/ or community area organizations. In addition this Agreement shall not be construed to preclude incidental and occasional adjunct teaching, writing, or consulting performed by BENOUN.

SECTION II
TERM
The term of this Agreement shall be from the date approved by the City Council until terminated by either party in accordance with the provisions of Section III. BENOUN shall serve at the pleasure of the City Council.

Page 1 ends

Packet Page 1027
The PARTIES recognize and affirm that: 1) BENOUN is an " at will" employee whose employment may be terminated by the CITY with or without cause; 2) there is no express or implied promise made to BENOUN for any form of continued employment; and 3) this Agreement is the sole and exclusive basis for an employment relationship between BENOUN and CITY.

SECTION III

TERMINATION OF EMPLOYMENT AND SEVERANCE
City Manager is an at -will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. The position of City Manager is a Fair Labor Standards Act (" FLSA")- exempt position. BENOUN's employment as City Manager may be terminated by one of the following means:
a) Voluntary Resignation: BENOUN may voluntarily resign by delivering a letter of resignation to the City Council not less than 60 days prior to the effective date of resignation.
b) Termination or Forced Resignation by City Council: The City Council may terminate the employment of BENOUN in accordance with the Newark Municipal Code and State law, by giving written notice not less than 60 days prior to the effective date of termination, or by causing BENOUN' s resignation by a majority of the City Council requesting BENOUN to resign and BENOUN then volunteering to resign after such action by the City Council. If BENOUN is terminated from employment or caused to resign, he shall be entitled to the benefits of subparagraph ( c).
c) Severance: In the event BENOUN is terminated from employment by the City Council or is caused to resign by the City Council pursuant to subsection ( b) above, and contingent upon BENOUN' s execution of a comprehensive general release and waiver of all claims of any nature, known or unknown, by BENOUN against CITY, BENOUN shall be entitled to six ( 6) month' s severance pay of his annual total compensation, including salary and the value of his benefits. In no event will BENOUN be entitled to a severance agreement absent execution of a comprehensive general release and waiver of claims.

Such severance shall be paid in full upon the effective date of his termination. BENOUN may elect to receive continued medical/ health insurance benefits, in lieu of cash payment for equivalent value thereof.
d) Abuse of Office: Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by BENOUN from CITY shall be fully reimbursed to CITY ifBENOUN is convicted of a crime involving an abuse of his office or position as defined in California Government Code section 53243. 4.

SECTION IV

DISABILITIES
If BENOUN is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, CITY shall have the option to terminate this Agreement, subject to the severance pay requirements of Section III, Paragraph ( b).

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Packet Page 1028

SECTION V

COMPENSATION
a) Commencing December 29, 2018, the base salary for BENOUN shall be the sum of 20,341 per month ($244, 092 per year), which sum shall be payable in installments at the same time as other employees of the CITY are paid and subject to customary withholdings.
b) BENOUN is a salaried employee and is exempt from the FLSA. c) BENOUN, as City Manager, shall participate in the Compensation and Benefit Plan for City Officials and the Management, Supervisory, and Professional Employee Group hereinafter " The Plan"). BENOUN shallreceive salary increases asthe CITY may from time totime confer pursuant to The Plan. d)
The City Council may also from time to time, at its sole discretion, grant merit increases to BENOUN following each evaluation of BENOUN' s performance as described in Section VII. e)
BENOUN shall receive thebenefits ofa "Classic" employee asthat term is defined in Section VI of The Plan. SECTION

VI HEALTH

INSURANCE DEFERRED COMPENSATION AUTOMOBILE ALLOWANCE HOLIDAYS LEAVE AND OTHER BENEFITS a)
For the purposes of general leave and management leave allocations and receiving deferred compensation, health insurance benefits, life insurance payments, automobile allowance, and such other similar benefits, BENOUN shall be considered a member of the Executive Management Team as identified in Section II of the Plan and shall receive existing benefits under The Plan, as may be adjusted from time to time, including, but not limited to: i.

A contribution from CITY of 6% of earnings towards a401( A) plan pursuant to Section Vof The Plan (or any successor thereto); ii.

A monthly contribution of $100 towards a Retirement Health Savings Plan pursuant to Section Vof the Plan (or any successor thereto) iii.

Health and Welfare Benefits under Section VII of The Plan (or any successor thereto); iv.

CITY - paid life insurance coverage of $20, 000 pursuant to Section VIII of The Plan ( or any successor thereto); v.

Automobile allowance of $400 per month pursuant to Section XI of The Plan or any successor thereto); vi.

Holidays, General Leave, Bereavement Leave, Birthday Leave, and Recreation Benefits awarded under The Plan. b)
Any benefits BENOUN earned or accrued as a CITY employee prior to entering into this Agreement, including General Leave and Management Leave, shall not be affected by this Agreement.

Page
3 of 6
Packet Page 1029
c) In recognition of extra hours of work required in the performance of his duties in which no form of overtime pay is provided, BENOUN shall receive an annual allotment of 56 hours per year of Management Leave during the Term of this Agreement as provided to participants of The Plan; unless otherwise agreed to by the Parties.
d) For Fiscal Year 2018- 2019 and in recognition of the number of extra hours of work performed in connection with the transition from City Attorney to City Manager, BENOUN shall receive a one-time additional allocation of 45 hours of Management Leave, thereby increasing Management Leave for FY 2018- 2019 to 101 hours.

SECTION VII

EVALUATION OF PERFORMANCE
The City Council shall review and evaluate the performance of BENOUN at least annually or at other times chosen by the Council in its sole discretion. Said review and evaluation shall be in accordance with specific criteria developed by the Council with consultation from BENOUN. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with BENOUN. Further, the Council shall provide BENOUN with a summary written statement of the findings of the Council and provide an adequate opportunity for BENOUN to discuss his evaluation with the Council.

The City Council and BENOUN shall, no later than March 31, 2019, meet to define such goals and performance objectives which they determine necessary for the proper operations of the CITY and in the attainment of the Council' s policy objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be reasonably attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided. They shall be reviewed within 90 days of defining such goals and performance objectives. Annually thereafter ( or at any time agreed to by the PARTIES), Council and BENOUN shall meet to engage in the same discussion.

SECTION VIII

PHYSICAL EXAMINATION
It is recognized to be in the best interest of both PARTIES that BENOUN maintain good health and the physical ability to fulfill his duties as City Manager. To this end, the City will pay the cost of one complete physical examination conducted annually by the physician of BENOUN' s choice.

SECTION IV

PROFESSIONAL DEVELOPMENT
CITY acknowledges its interest in the continuing professional development of BENOUN and agrees to pay reasonable expenses associated with attendance at professional conferences, continuing education, professional memberships, books and dues. This includes, but is not limited to, the League of California Cities, the International City Management Association, and the California City Managers Association. CITY acknowledges BENOUN' s right to engage in other professional activities so long as they do not interfere or conflict with BENOUN' s duties as City Manager and are done during time in which BENOUN is on leave or during normal nonworking hours.

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Packet Page 1030

SECTION X

HOLD HARMLESS AND INDEMNIFICATION
City shall defend, hold harmless, and indemnify BENOUN against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission of BENOUN made in the course of his performance of duties as City Manager. CITY shall pay the amount of any settlement or judgment rendered therefrom, to the extent specified in the California Government Code.

SECTION XI

MISCELLANEOUS
a) Binding Agreement: This Agreement shall be binding on the heirs, successors and assigns of the PARTIES.
b) The Rights of PARTIES: Unless expressly set forth in this Agreement, nothing in this Agreement shall abrogate any rights, responsibilities, benefits, or privileges to which either party would otherwise be entitled.
c) Amendment: This Agreement may be amended only in writing by mutual agreement of the PARTIES.
d) State Law: The rights and obligations of the PARTIES shall be governed by the laws of the State of California.
e) Abuse of Office: Government Code sections 53243, 53243. 1, 53243. 2, and 53243. 3 are incorporated by this reference as if fully set forth herein. f) Recitals: Recitals are incorporated by reference into this Agreement. g) Failure to Act: Failure to exercise any right or remedy shall not act as a waiver to exercise that right.
h) Entire Agreement: This Agreement contains the entire agreement between the PARTIES and supersedes any prior agreement.
i) Severab_ Should any paragraph, subparagraph, sentence clause or word included in this Agreement be found invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect. j) Attorneys' Fees: The prevailing party of any dispute over the terms and conditions of this Agreement is entitled to attorney fees. k) Assigmnent: This Agreement is not assignable by either CITY or BENOUN.

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IN WITNESS WHEREOF, the PARTIES hereto have hereunto affixed their signatures as of the date and year first above written.

A E T: , r

SHEILA HARRINGTO
City Clerk
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO, Esq.

Special Counsel
3083084. 2

CITY OF NEWARK
By: Oj-- X ' 6
ALAN L. NAGY
Mayor

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AMENDMENT NO. 1 TO CITY OF NEWARK

CITY MANAGER EMPLOYMENT AGREEMENT
THIS AMENDMENT to the Employment Agreement (“Amendment”) is made by and between THE CITY OF NEWARK (“CITY”) and DAVID J. BENOUN (“BENOUN”) (collectively the “PARTIES”) as of July 1, 2022.

RECITALS

1. The PARTIES entered into an Employment Agreement (“Agreement”), effective December 29, 2018, under which BENOUN would serve as the City Manager of the CITY; and

2. The purpose of this Amendment is to provide for a merit increase to BENOUN’s salary effective as of July 1, 2022.

AGREEMENT
Section 1 General Provisions.

The foregoing Recitals are true and correct and incorporated herein by reference.

Section 2 Increase of Compensation Pursuant to Section V(d) and Amendment of Section V(a).

Pursuant to Section V(d) of the Agreement, BENOUN shall receive a 14.7% merit increase in base salary and Section V (a) of the Agreement shall be amended as follows:

Commencing July 1, 2022, the base salary for BENOUN shall be the sum of $24,997.99 per month ($299,975.88 per year), which sum shall be payable in installments at the same time as other employees of the CITY are paid and subject to customary withholdings and shall reflect a

14.7% merit increase and a 4% general salary increase provided to employees in the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group.

Section 3 Effect of this First Amendment
Except as the Agreement has been expressly modified by the Amendment, the Agreement shall continue in full force and effect according to its terms.

IN WITNESS WHEREOF, the PARTIES hereto have hereunto affixed their signatures as of the date and year first above written.

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ATTEST:

SHEILA HARRINGTON
City Clerk
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO
City Attorney

CITY OF NEWARK
By:

ALAN L. NAGY
Mayor
DAVID J. BENOUN
City Manager
Packet Page 1034
Item F. 2.

DATE 06/23/2022
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Introduction of an Ordinance amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Salaries") to increase the salaries of City Councilmembers and Mayor by three percent (3%)

RECOMMENDATION
Staff recommends that the City Council waive full reading and, by title only, introduce an ordinance amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Salaries") to increase the salaries of City Councilmembers and Mayor by three percent (3%).

EXECUTIVE SUMMARY
Chapter 2.09 of the Newark Municipal Code requires that the City Council, as part of the two-year biennial budget cycle, review its compensation and consider increases in the Consumer Price Index for the region and increases in compensation awarded to staff since the previous adjustment to City Council compensation. This review occurred on May 26, 2022, and the City Council directed staff to return with an ordinance increasing Councilmember and Mayor salaries by three percent (3%). The City Attorney prepared the proposed ordinance and it is included for the City Council’s consideration.

BACKGROUND
The monthly salary and benefits for the Mayor and City Council are set by City ordinance. The Mayor's salary is currently set at $2,727 per month and City Councilmembers' salaries are set at $1,247 per month. These salaries were last increased in January, 2019, which was more than 11 years since the prior adjustment.

At the Newark City Council meeting held on May 26, 2022, City staff requested the Council provide direction on whether it would like to consider an ordinance for adjustment of the salaries for City Councilmembers and the Mayor. The Council directed staff to return for Council consideration an ordinance that would reflect a three percent (3%) salary increase for the Councilmembers and Mayor.

DISCUSSION/ANALYSIS
City Council considered the Consumer Price Index for the region and increases in Packet Page 1035
City Council considered the Consumer Price Index for the region and increases in compensation awarded to staff since the previous adjustment to City Council compensation. Since the Councilmembers' and Mayor's last increase in compensation effective January 1, 2019, the Consumer Price Index for the region totaled approximately 10% cumulative for the periods of February 2020, 2021, and 2022. City staff received a 1.5% salary increase effective July 1, 2020, and an additional 1.5% effective July 1, 2022.

At the May 26, 2022, City Council meeting, the Mayor and City Councilmembers commented that their increase in compensation should not exceed increases in compensation awarded to City staff. The City Attorney has prepared a draft ordinance that would, starting January 1, 2023, increase the salary of Councilmembers from $1,247 per month to $1,284. The Mayor's salary would increase from $2,727 per month to $2,808 per month. There are no other proposed revisions.

FISCAL IMPACT
The proposed increase in salaries will result in a fiscal impact of $2,748 annually. For fiscal year 2022-23, the impact is $1,374, as the increases are proposed to be effective January 1, 2023, the mid-point of the fiscal year.

REVIEW AND APPROVAL
Prepared by – Lenka Hovorka, Assistant City Manager and Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Council Compensation Ordinance
Packet Page 1036
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK AMENDING CHAPTER 2.09, CITY COUNCILMEMBERS-COMPENSATION, OF THE NEWARK

MUNICIPAL CODE TO INCREASE THE SALARIES OF CITY COUNCILMEMBERS AND MAYOR BY THREE PERCENT (3%)
WHEREAS, Chapter 2.09 ("City Councilmembers-Compensation") of the Newark Municipal Code provides for the payment of salaries and benefits to Newark City Councilmembers and the Mayor; and
WHEREAS, Section 2.09.010 authorizes the City to pay Councilmembers a salary of one thousand two hundred forty-seven dollars ($1,247) per month; and WHEREAS, said section authorizes the City to pay the Mayor a salary of two thousand seven hundred twenty-seven dollars ($2,727) per month; and WHEREAS, said salaries took effect January 1, 2019; and WHEREAS, City Councilmembers and Mayor have not received an increase in salary since January 1, 2019; and
WHEREAS, the City Council is authorized by Government Code Section 36516 to increase the salary of Councilmembers and the Mayor in an amount not to exceed five percent (5%) per calendar year from the operative date of the last adjustment of salary; and WHEREAS, the City Council is authorized by Government Code Section 36516.1 to pay an elected Mayor salary in excess to that which they receive as a Councilmember; and WHEREAS, at the City Council meeting held on May 26, 2022, City staff presented to the Council regarding the Mayoral and City Council Member salary and benefits; and WHEREAS, the City Council desires to increase salary of the Councilmembers and Mayor by three percent (3%) starting January 1, 2023.

NOW, THEREFORE, the City Council of the City of Newark does hereby ordain as follows:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Amendment of Section 2.09.010 the Newark Municipal Code. Subsections (A) and (B) of Section 2.09.010 (“Salary”) of Chapter 2.09 (“City Council”) of Title 2 ("Administration and Personnel") are hereby amended as follows (replacements in double underline; deletions in strikethrough):

2.09.010 Salary.

Packet Page 1037
A. Pursuant to Government Code Sections 36516 and 36516.5, each councilmember, other than the mayor, shall receive a salary of one thousand two hundred forty-seven dollars one thousand two hundred eighty four dollars per month commencing January 1, 2019 January 1, 2023.

B. Pursuant to Government Code Section 36516.1, the elective mayor shall receive compensation in the amount of two thousand seven hundred twenty-seven dollars two thousand eight hundred eight dollars per month commencing January 1, 2019 January 1, 2023.

SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 4. CEQA. Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 5. Publication and Effective Date. I n a c c o r d a n c e w i t h G o v e r n m e n t C o d e s e c t i o n 3 6 5 1 6 . 5 , this ordinance shall take effect January 1, 2023. Before expiration of fifteen (15) days after its passage, this ordinance shall be published in the Tri-City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark.

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Newark City CouncilJune 23, 2022

Newark City Council
June 23, 2022