CITY CLERK'S DATE STAMP
CITY OF RIALTO
LIABILITY CITY OF RIALTO
CLAIM FOR DAMAGES 2024 AUG 28 AMIO: 23
TO PERSON OR PROPERTY
RECEIVED
GITY CLERK
1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months after the occurrence (Gov. Code $9112).
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code $911.2). RETURN TO:
3. READ ENTIRE CLAIM FOR BEFORE FILING Rialto City Clerk's Office
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Mail: 150 S. Palm Ave., Rialto, CA 92376 Address: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Paul Gonzales
FULL NAME DATE OF BIRTH
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO.
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: June 24, 2024 TIME: •I AM D PM
2. PLACE OF ACCIDENT (OCCURRENCE) BE SPECIFIC - Describe fully and (if applicable) locate on diagram on reverse side of this sheet Where appropriate, give street names and addresses, measurements and landmarks.
See Attached
3. HOW DID DAMAGE OR INJURY OCCUR?
See Attached
4. WERE POLICE AT THE SCENE? •YES 2 NO WERE PARAMEDICS AT THE SCENE? DYESOE NO
5. WHAT PARTICULAR ACT OR OMISSION DO YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the city/town employee causing the injury or damage, if known.
See Attached
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Amount: $ 8,904
Item/Date: (approximatee)
Item/Date: Amount: $
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $.
ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/Date: Amount: $
Item/Date: Amount: $_
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: $ 8,904
approximate
7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, if necessary) Payroll NAME:
NAME:
ADDRESS: City of Rialto ADDRESS:
TELEPHONE: L TELEPHONE: ()
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: NAME:
ADDRESS: ADDRESS:
TELEPHONE: ( ) TELEPHONE: ()
DATE: TIME: • AM • PM
DATE: TIME:
9. PLEASE READ THE FOLLOWING CAREFULLY:
For all vehicle accident claims, place on the following diagram, the names of streets, including NORTH, EAST, SOUTH AND WEST directions. Indicate place of accident by "X" and by showing house numbers or distances to street corners.
If a city/town vehicle was involved, designate by letter "A" location of the City/Town vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Town vehicle; location of City/Town vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X".
→ NOTE: IF THE DIAGRAM BELOW DOES NOT FIT THE SITUATION, PLEASE ATTACH A PROPER DIAGRAM SIGNED BY THE CLAIMANT.
CURB
CITY CLERT 2024/AUG 28 AM 10: 24 CITY OF RIALTO
PARKWAY
SIDEWALK
I CERTIFY (OR BECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Paul Gonzles
SIGNATURE OF CLAIMANtOR AGENT
Paul Gonzales 8-27-24
TYPE OR PRINT NAME DATE
RELATIONSHIP TO CLAIMANT
NOTE: PRESENTATION OF A FALSE CLAIM IS A FELONY (CA PENAL CODE 72) RETURN CLAIM TO: RIALTO CITY CLERK'S OFFICE - 150 S. PALM AVE., RIALTO, CA 92376 Claim CITY OF RIALTO August 28, 2024
Unpaid cafeteria in the amountlot $8,984 and evafuation of the new "2024 Unrepresented Management Profile" approved under Ordinance No. 8234 and 8253 adding over 2 pages to the Profile without notifying or negotiating with the members of this group. The new profile effectively eliminated the remainder of cafeteria owed to employees and placed additional restrictions on staffs' employment. Unfortunately, I was personally entangled in mistakes made by Human Resources at no doing of my own and falsely accused of stealing from the City. The following statement will clarify.
Time Line of Events
• On June 24th, 2024, I received an email from the Human Resources (HR) Department with an attachment stating I owe 7,394 dollars for over payment of cafeteria provided to me on bi-weekly paychecks (Attachment 1) and | must sign a repayment agreement within 2 days. The difference would have been a decrease of approximately $1,000 per paycheck.
I contacted the HR representative by phone who sent me the email and enquired of the allegation. The HR representative asked why I had not notified payroll in February of the overpayment when I saw an increase in my paycheck. I stated I had contacted Payroll in February after noticing a pay increase on my check and was told by Payroll I was entitled to the remaining cafeteria after it was confirmed with upper management. Emails exist confirming this and I have requested this of the HR Director with no response. • I sent a follow-up e-mail (Attachment 2) to HR stating there was no overpayment provided to me since the remaining cafeteria was paid in accordance with the "Unrepresented Profile".
• The HR Director sent an e-mail in Attachment 2 stating "if we are unable to resolve due payments by signing an agreement to repay, the City will refer them to our legal counsel". • I sent a follow-up email on July 8th ", 2024, (in attachment 2) asking a series of clarification questions. The HR director stated I would be contacted with a response, but I was never contacted. This was over 48 days ago.
• HR changed their story multiple times as listed below:
1. HR accused me of stealing and not notifying the City of the additional money being paid to me. I stated I had contacted Finance in February 2024, to resolve this issue and was notified by Payroll 1 was correctly entitled to the additional cafeteria (Supporting emails have been requested of my communications with the HR Director but not received).
2. Second, HR claimed a "system error" occurred but this was false given the pay difference did not correlate with the new system change over from Eden to the new Tyler system.
3. Thirdly, HR changed their story again stating it was a "payroll error" when it was not. HR was aware of the payment of remaining cafeteria to in employees in February 2024, per the HR Directors email (Attachment 3). • On February 5th, 2024, the HR director sent an e-mail to the Finance director stating the Unrepresented Management group is entitled to the unused cafeteria and also stated the "cafeteria" is the same as cash per IRS Code Section 125 (d) 1 which defines cafeteria as "cash and qualified benefits" (listed in attachment No 3). • February 2024, the HR director subsequently contacted Finance and stated the Unrepresented Group is not entitled to the left-over cafeteria and this would be fixed on the next contract negotiation. I do not have this email but have requested it. The HR director knew we were entitled to the cafeteria money as stated in February of 2024 in an email (Attachment 3) but then stated the new contract would reflect we are not entitled to the remainder cafeteria.
• In the 5 months of HR knowing they would recommend this major change to the City Council, effectively taking away a benefit to the group, HR never met or notified members of this group of the proposed change.
• Ordinance No. 8253 was presented to the City Council on June 25, 2024, and misled the City Council by stating negotiations with the unrepresented group had occurred when no meetings had ever been scheduled with the group to negotiate. The new profile would now eliminate any additional cafeteria to the Unrepresented Management group (Attachment 4). This shows the HR director knew 5 months ahead of time this change would be recommended and did not notify members of the unrepresented group and also stated in Ord. No. 8253 negotiations were had with members of this group which was false.
Language was added to the profile (Attachment No. 4) stating the Unrepresented Management group "work at the will and pleasure of the hiring authority (City Council, City Manager, or Council Appointed Authority)". This change was not negotiated with the unrepresented group although Ordinance No. 8234 states it was. This change would ultimately mean the Unrepresented Management group would be held accountable to and have more strict standards then even directors and upper management for the City of Rialto have in their contracts.
Meeting setup by HR on August 1, 2024, reiterating I owe the City money. HR Director claimed she had met with the "Unrepresented Group" to go over proposed changes in the new profile and I asked if there were emails or meetings setup demonstrating she met with Unrepresented Management to negotiate and there were none.
Per Article 1 Section 3, regarding Employer-Employee Relations, it states "Employees of the City shall have the right to form, join, and participate in the activities of employee organizations... for the purpose of representation on all matters. It also states employees shall have the right to represent themselves individually in their employment relations with the City. The Ordinance approved on June 25th, 2024, says in the "Whereas" the City negotiated with the "Unrepresented Management" group but to my knowledge no one in this classification was ever contacted to review the new proposed profile.
Instead of HR accepting accountability, I was instead intimidated into paying money 1 do not owe and accused of stealing from the City. HRs story changed multiple times to accommodate and cover up mistakes made by them. I have worked in the Inland Empire for public agencies for over 21 years and have done my job with the highest integrity and have earned a reputation for doing so. To have my integrity questioned now due to mistakes and cover ups done by Human Resources is in poor taste.
In my claim, 1 am requesting the additional cafeteria funds as of February 2022 that were unused up to today's date. The situation has caused unnecessary stress to multiple employees who have been trying to resolve this issue with HR and employees who have been coerced into signing reimbursement agreements. The story of how this occurred changed from me being at fault, to then a system error, to then a payroll error. Instead of taking accountability for a mistake made by Human Resources, fingers were undeservingly pointed at City staff. This has been a systemic problem that has affected multiple City Departments.
Paul P. Gonzales
Attachment 1
MEMO
To: Paul Gonzalez, Community Development Manager
From: Betty Mateo, HR/RM Analyst
Re: Overpayment of Cafeteria Dollars
Date: June 24, 2024
It has been determined that that you were overpaid $371.27 in cafeteria dollars per paycheck from your August 4, 2023 paycheck to your November 24, 2023 paycheck, and overpaid $315.88 from your December 8, 2023 paycheck to your June 21, 2024 paycheck. This resulted in an overpayment of $7,392.48.
The City would like to offer two methods of repayment. You can either reduce your accrual leave banks as reimbursement for the overpayment or a pay reduction for the amount of pay periods listed below.
If you choose to make the repayment using your leave accruals, please indicate which leave banks you would like to use by entering the number of hours to exchange per leave bank.
Please return this signed memo with your election to Human Resources no later than 6:00 p.m. on Thursday, June 27, 2024.
Please select one of the following options for repayment of the incentive:
Leave Bank Reduction
Bank Current Balance Hours
Option 1: Vacation 154
Sick 146
Option 2: Pay reduction for 24 pay periods, $308.02 per pay check.
If I separate from the City of Rialto during the time of this payment arrangement, I agree for the remaining balance to be deducted from my last paycheck.
Employee Signature Date
Attachment 2
Paul P. Gonzales
From: Shama Curian
Sent: Tuesday, July 9, 2024 3:38 PM
Paul P. Gonzales
Erek Rubio; Fredy Nunez; Mark Alvarado; Betty Mateo; Tanya Williams; Michael Milhiser Subject: RE: Overpayment Agreement
Good afternoon, Paul
Thank you for your email. We will review and respond back shortly.
Kind regards,
Shama Curian
Director of Human Resources and Risk Management
x.7293
From: Paul P. Gonzales <[email protected]>
Sent: Monday, July 8, 2024 3:32 PM
To: Shama Curian <[email protected]>
Cc: Erek Rubio <[email protected]>; Fredy Nunez <[email protected]>; Mark Alvarado <[email protected]>; Betty Mateo <[email protected]>; Tanya Williams <[email protected]> Subject: RE: Overpayment Agreement
Hi Shama,
Thank you for the response. I do of course want to correct any overpayment that was not owed to me; however, I did contact Payroll in February of this year and at that time was told the payment of unused cafeteria was correct and owed to the employees in the unrepresented unit. I also understand there were conversations and emails between Human Resources and Finance discussing this very issue and it was determined employees in the unrepresented management group were entitled to this additional unused cafeteria (This should also include all unused cafeteria from when I started in 2022). I did want to clarify this would not be an "error" in the new system as you noted since Payroll was aware of it and has known about it since I contacted them in February. This story has also changed from what was originally told to me as a "transitioning to the new system error" which caused the issue to now a "payroll error".
I want to make sure I have a complete timeline of correct events so if you can help me with any gaps that would be great.
Timeline:
• I contacted Payroll in February after noticing a pay increase on my paycheck and was told I was entitled to the remaining cafeteria and paid correctly. I was also told this was verified by higher ups. • The payment continued after I contacted Payroll for over 6 months with the remainder of unused cafeteria. • Someone made a decision I was owed the remaining cafeteria. Who made this decision? • At some point a subsequent decision was made that I was not entitled to this remainder cafeteria. Who made this decision?
1 2
• I was notified by Betty on June 24*, 2024, I owe the City money due to an error in "system change". This has now changed to a "payroll error" but understand it was known and determined I was owed the remaining cafeteria.
I was being proactive in seeking clarification in February, so yes, this does come as a surprise to me now after being told then it was correct. I am being as transparent as possible on steps I have taken to make sure I was being paid correctly and would expect the same. I did have some clarification questions below for you:
1. I contacted Payroll and requested clarification in February of this year on if the cafeteria being paid to me was correct. Conversations between HR and Finance on this were had. I would like a copy of correspondents related to this.
2. How many other employees were affected by this or am I the only one?
3. Why is this coming to light now when you knew it was decided in February it was correct?
4. Why is there all the additional verbiage in the new profile clarifying the cafeteria now taking away the remaining unused cafeteria? How come we were not preview to this new language ahead of time?
5. Per Article 1 Section 3, regarding Employer-Employee Relations, it states "Employees of the City shall have the right to form, join, and participate in the activities of employee organizations...for the purpose of representation on all matters. It also states employees shall have the right to represent themselves individually in their employment relations with the City. The Ordinance approved on June 25th , 2024, says in the "Whereas " the City negotiated with the "Unrepresented Management" group but I don't believe anyone in this classification were ever contacted to review the new profile? Why is that? Please respond by Wednesday so I can respond back to you by Monday.
Also, if I do not hear back from you by Wednesday on the requested clarification above and I do not respond by Monday the 15th of July, Legal Counsel will review the entirety of the situation including my above listed questions before determining I do indeed own the City correct?
I would like to resolve this as soon as possible and put it all in the past.
Sincerely,
Paul Gonzales
From: Shama Curian <[email protected]>
Sent: Monday, July 8, 2024 10:39 AM
To: Paul P. Gonzales < [email protected]>
Cc: Erek Rubio <[email protected]>; Fredy Nunez <[email protected]>; Mark Alvarado <[email protected]>; Betty Mateo <[email protected]>; Tanya Williams <[email protected]> Subject: FW: Overpayment Agreement
Hi Paul,
The City has reviewed your response to its attempt to correct the payroll error, which resulted in you being over-paid. The City reiterates that your health cafeteria benefit does not provide for you receiving the unused cash amount that was mistakenly provided. As indicated in the City's prior communications with you, you were previously receiving the correct benefit before this error and so, this should not come as a surprise. 2 2
Please be aware that in cases like this, where we are unable to resolve due payments by agreement, we refer them to our legal counsel. If we do not hear from you by close of business on Monday, July 15, 2024, regarding repayment, we will forward to counsel and recommend collection through use of all legally available means.
Kind regards,
Shama Curian
Director of Human Resources and Risk Management
x.7293
From: Paul P. Gonzales <[email protected]>
Sent: Thursday, June 27, 2024 3:54 PM
To: Betty Mateo <[email protected]>
Cc: Erek Rubio < [email protected]>; Fredy Nunez <[email protected]>; Maria Diaz <mdiaz@)rialtoca.gov? Subject: RE: Overpayment Agreement
Betty,
After reviewing the 2022 unrepresented profile, I am entitled to the remaining cafeteria pay. The new agreement affective as of July 1, 2024, has a full page of language limiting this now. When did the July 1, 2024, profile go out to the managers and all employees in this unit? I find this highly suspicious we were not notified of this drastic change.
I do not agree to any repayment as listed below as the profile allows for it.
From: Paul P. Gonzales
Sent: Tuesday, June 25, 2024 9:36 AM
To: Betty Mateo <[email protected]>
Cc: Erek Rubio <[email protected]>; Fredy Nunez <[email protected]>; Maria Diaz <[email protected]> Subject: RE: Overpayment Agreement
Thank you for looking into the extension, that would have been close to a 1000 dollar decrease in pay per paycheck if 1 were to pay it in the original offered time frame.
Regarding the overpayment of 7,392 however, I did pay taxes on this amount so not only did 1 not actually receive this amount, but I believe this may have even put me in a different tax bracket. Doing rough calculations, I would have paid somewhere over 1800 dollars in taxes on this repayment not to mention any additional moneys paid if I was kicked into a different tax bracket. Why would I need to pay for roughly 1800 dollars of money I did even actually receive? I would ask the 7392 be decreased to 5,592 or whatever the exact number would be for taxes paid on this amount.
In your previous email you asked why I didn't notice the significant change in my paycheck and contact Payroll.
I do recall contacting payroll in or around February of this year and was told they were looking into this but as of that time it was correct.
I would ask the above referenced be decreased to around 5,592, whatever the amount is since taxes were paid on it and I never actually received the pay and now I have to repay it.
Sincerely,
2 Paul Gonzales
From: Betty Mateo <[email protected]>
Sent: Tuesday, June 25, 2024 9:14 AM
To: Paul P. Gonzales <[email protected]>
Cc: Erek Rubio <[email protected]>; Fredy Nunez <[email protected]>; Maria Diaz <[email protected]> Subject: RE: Overpayment Agreement
Hi Paul,
I spoke to Shama, and she approved to extend it to 24 pay periods, the same amount of pay periods that it was given to you.
Attached is the updated repayment agreement. Please submit by 6/27/2024.
Thank you.
Betty Mateo
HR/RM Analyst
909.421.7255
From: Paul P. Gonzales <pgonzales @rialtoca.gov>
Sent: Tuesday, June 25, 2024 7:37 AM
To: Betty Mateo <[email protected]>
Cc: Erek Rubio <[email protected]>; Fredy Nunez <[email protected]>; Maria Diaz <[email protected]> Subject: RE: Overpayment Agreement
What?! Did I read that right? I was overpaid 7,392 dollars?! How did that happen? Am I the only one this happened to? Please show me how this happened and explain it to me in the numbers please.
Shocking to get this in an email.
From: Betty Mateo <[email protected]>
Sent: Monday, June 24, 2024 6:45 PM
To: Paul P. Gonzales <[email protected]>
Cc: Erek Rubio <[email protected]>; Fredy Nunez <[email protected]>; Maria Diaz < [email protected]> Subject: Overpayment Agreement
Good afternoon Paul,
Please see the attached memo and call me if you have any questions.
Thank you,
Betty Mateo
HR/RM Analyst
Human Resources Department
4 Atlachment 3
We will need to run a special pay run to pay funds owed to employees as well as have Abe correct the pay codes for these Management at Will employees.
Please let me know if there are any questions.
Thank you,
Katherine I. Stevens
Director of Finance
CITY OF RIALTO
150 S. Palm Avenue, Rialto, CA 92376
•Office: 909-421-7242 | Mobile: 909-744-7533 | Email: [email protected] CUSTOMERGARE|SAME DAY RESPONSE
BRIDGE TO PROGRESS
From: Shama Curian <[email protected]>
Sent: Monday, February 5, 2024 10:10 AM
To: Katherine Stevens <[email protected]>
Cc: Tanya Williams <[email protected]>
Subject: RE: Management at Will Benefit
Good morning, Katherine
As discussed this morning, it seems that the employees in the unrepresented management group were currently receiving a cash-back.
Since the benefits profile for this group is silent on whether they receive a cash back, and because we have already established a past practice of providing the cash back to those employees in this group, my recommendation is to continue to provide the cash back.
I understand that the language says "cafeteria plan" and under the IRS code, a cafeteria plan is an allotment provided to use up to that amount with no opportunity to receive monies if the maximum allotment was not used. However, in looking at other MOUs, the phrase "cafeteria plan" is used interchangeably with "cash allowance". With this next go- around with negotiations I will make sure to update that language.
Thank you for bringing this to my attention.
Kind regards,
Shama Curian
Director of Human Resources and Risk Management
x.7293
From: Katherine Stevens <[email protected]>
Sent: Monday, February 5, 2024 9:50 AM
2 AHachment 4
PAYOF RIALTE CALIFO
2024
BENEFITS
CITY OF
RIALTO
MANAGEMENT - (UNREPRESENTED)
BENEFITS PROFILE
The following is an informational guide provided to serve as a general outline of employee compensation and benefits associated with those Confidential At-will Management employees with the City of Rialto.
The following classifications comprise this at-will group:
• Assistant to the City Manager
• Building Official
• City Manager's Executive Assistant
• City Manager's Assistant
Community Compliance Manager
• Community Development Manager
• Economic Development Manager
Deputy Director of Maintenance & Facilities
Deputy Director of Finance
• Engineering Manager
• Information Technology Manager
• Principal Budget and Financial Analyst
• Utilities Manager
At-Will Status:
Management - Unrepresented positions are designated as having "at-will" employment status. Employees hired into "at-will" positions shall have no constitutionally protected property or other interest in their employment with the City. Notwithstanding any provision in the city Policies & Procedures or any other City Policy, at-will employees have no right to continued employment or pre-or post-disciplinary due process and work at the will and pleasure of the hiring authority (City Council, City Manager, or Council- Appointed Authority). Work for an at-will employee may be eliminated and/or the employee may be terminated, or asked to resign, at any time, with or without cause, upon notice to that employee, and the employee may resign at any time upon written notice to the hiring authority.
At-will employees will be eligible for, and shall receive, all regular benefits (i.e., health insurance, PERS contribution to the extent paid by City, etc.) and vacation, sick leave, and administrative leave as are generally provided to management employees and described in this benefit profile, as amended from time to time. At-will employees who are terminated or asked to resign shall, upon execution of a release of all claims against the City, be eligible for a severance payment equivalent to two (2) months of salary and benefits. No severance shall be paid if the employee is terminated for serious misconduct involving abuse of his or her office or position, including but not limited to waste, fraud, violation of the law under color of authority, misappropriation of public resources, violence, harassment or discrimination. If the employee is later convicted involving such abuse of his or her position the employee shall fully reimburse the City as set forth in Government Code section 532243.3.
COMPENSATION
This section applies to all management and professional employees and does not include the City Manager, Elected Officials or members of the Executive Team.
The City's policy for management and professional compensation is to establish and maintain a general structure based on marketplace norms and internal job alignment with broad compensation grads and ranges. Structures and ranges will be reviewed and updates as necessary based on marketplace survey data, internal relationships, and City financial conditions.
Individual compensation adjustments will be considered by the Council appointed officer based on (1) performance factors including achievement of predetermined objectives; (2) pay structure adjustments; and (3) City financial conditions.
Salary:
Established by City Council via the City of Rialto Classification and Compensation Plan.
Basic Plan Elements:
Competitive marketplace studies will be conducted as needed by surveying comparable organizations similar to Rialto in number of employees, funding mechanisms, population and services provided. These studies will focus on total compensation for management positions. Periodically, studies will include position-by-position comparisons using market research and internal equity data. The results of these studies may indicate that the entire pay structure be adjusted, that individual positions be reassigned to different pay grades, or that no change takes place. Such adjustments will only affect the salary plan framework. No individual salaries will be automatically changed because of structural adjustments.
A Department Director, with approval from the City Manager, may request that Human Resources reevaluate a job or jobs in his or her department based on significant and permanent changes in job content.
In doing so, the Director will supply needed information and will provide a position description questionnaire as requested. The Human Resources/Risk Management Director will respond to such request within his or her discretion.
Salary Range:
Salary ranges consist of seven (7) steps.
Salary Adjustments:
Salary adjustments established by City Council.
The City Manager may propose as part of the budget process for City Council approval of a compensation adjustment based on (I) competitive market data, (2) changes in internal position relationships, (3) the City's ability to pay, and (4) a recommendation received from the Director of Human Resources/Risk Management.
Salary Progression:
Employees shall be paid in accordance with the Classification and Compensation Plan. Step advancement may take place after six (6) months if hired at step 1. Otherwise, advancement is typically following twelve (12) months of satisfactory service.
Performance appraisals will be conducted at the end of each fiscal year during the months of July through September 30 each year prior to determining individual employee fixed compensation. This process includes both review of previous performance and preparation of the performance plan for the upcoming evaluation period (typically the following fiscal year). Performance plans are jointly prepared by the employee and the supervisor with the concurrence of the Department Head. The performance plans shall contain measurable objectives which place special emphasis on position description duties or specific assignments. Progress toward meeting objectives shall be monitored periodically. The performance evaluations should be implemented in a manner that will achieve the following objectives:
• Define the employee's job duties and expected level of performance for the next review period to ensure that both the employee and supervisor have a clear understanding of the employee's role and responsibilities;
• Evaluate and document past performance to serve as a basis for establishing and obtaining future performance standards/objectives;
• Facilitate two-way communication and understanding between the employee and his or her supervisor;
• Counsel and encourage employees to work toward a learning development plan and realize their full potential;
• Establish future work plan objectives.
SPECIAL COMPENSATION:
Education and Certification Incentive Pay:
• Employees with a Masters' degrees will receive a seven percent (7.5%) pay increase. The increase in pay only applies if the employee has a degree higher than required of the position / classification.
Working Above Classification Pay:
• Where management and professional employees, on a temporary basis, are assigned to perform all significant duties of a higher classification for a period of one month or more, the City Manager may authorize payment within the range of the higher classification for the specified time frame.
Working above classification will not exceed six months, unless renewed at the discretion of the City Manager. On expiration of that timeframe, working above classification pay will cease and the employee will return to his or her former pay level. Working above classification pay is not to exceed 10% more than the employee's current salary and shall be documented on a Personnel Action For, with a description of the additional duties in the higher classification to be performed and an anticipated end date.
BENEFITS
Cafeteria Plan Allotment:
Employees in the Unit shall be provided with a Cafeteria Plan, which will be administered by the City pursuant to Section 125 of the Internal Revenue Code. The Cafeteria Plan is designed to give employees the flexibility to choose various medical, vision and dental benefits provided through City plans. The employee may also choose the opt-out provision of the Cafeteria Plan as outlined below. The City's contribution to the Cafeteria Plan for each emplovee will be one thousand, five hundred and fifty dollars per month (1,550) to go towards the employee's contributions for health, vision, and dental insurance premiums.
Cafeteria Benefit Plan:
Employees in the Management (Unrepresented) group shall be provided with a Cafeteria Plan that will be administered by the City pursuant to Section 125 of the Internal Revenue Code.
A. Employees Hired Before December 31, 2018
1. Employees have the choice of applying Cafeteria Plan dollars of $1,800 to purchase health, vision, and/or dental benefits provided through City plans for themselves and any dependents. Any amount not used to purchase such benefits shall be taken by the employee in taxable income. The employee may also choose the opt-out provision of the cafeteria plan as outlined in this section A(3) below.
2. The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) ("Minimum Contribution") per month per employee for health insurance. The City shall pay up to a maximum of $1,800 per month inclusive of the minimum contribution towards the employee's contribution for medical, vision, and dental insurance premiums. If the premium cost of the health plans (medical, vision, and/or dental) exceeds the City's contribution of $1,800, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City.
3. The opt-out provision will allow employees to receive $1,200 of the City's contribution if they do not utilize the City's medical plans. An employee can still purchase dental and/or vision and receive the opt-out monies. An employee must provide the City with written notice/waiver of paid group health insurance premiums for which the employee is eligible. Then, the employee shall be provided up to 100% of the City contribution which may be taxable compensation or be placed into a deferred compensation plan. Documentation is required annually to verify that insurance is established.
B. Employees Hired On or After January 1, 2019
1. Employees have the choice of applying Cafeteria Plan dollars of $1,800 to purchase medical, vision, and/or dental benefits provided through City plans for themselves and any dependents.
Any amounts not used shall not be taken by the employee as taxable income or in deferred compensation.
2. The City will contribute the minimum employer contribution required to Government Code §22892(b) ("Minimum Contribution) per month per employee for health insurance. The City shall pay up to a maximum of $1,800 per month inclusive of the minimum contribution towards the employee's contribution for medical, vision, and dental insurance premiums. If the premium cost of the health plans (medical, vision, and/or dental) exceeds the City's contribution of $1,800, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City.
3. Those employees that do not utilize the Cafeteria Plan allowance for medical insurance, there shall be no cash back to the employee. Those employees hired on or after January 1, 2019, who elect to opt out of medical insurance shall receive $100 per pay period (24 pay periods) opt-out allowance. An employee can still purchase dental and/or vision and receive these opt-out monies. An employee must provide the City with written notice/waiver of paid group health insurance premiums for which the employee is eligible. Then, the employee shall be provided up to 100% of the City contribution which may be taxable compensation or be placed into a deferred compensation plan. Documentation is required to verify that insurance is established.
Retiree Medical: Retirees are not eligible for the full Cafeteria Plan amount. Retirees, however, shall retain all current CalPERS health benefits. The City shall contribute to the retired employees PERS Health plan according to the following schedule:
Retirement Status: Contribution:
Retiree Only $279.25 / month
Retiree + 1 $558.49 / month
Retiree + 2 or More $726.04/month
The City shall not reimburse Medicare premiums for employees or retirees.
Retirees and dependents must meet the definition of "annuitants" as defined by PERS to be eligible for this provision.
City Sponsored Dental Insurance: Employees may utilize their Cafeteria Plan provision to cover the costs associated with Dental Insurance.
City Sponsored Vision Insurance: Employees may utilize their Cafeteria Plan provision to cover the costs associated with Vision Care Insurance.
Life Insurance: The City will pay the cost of employee and dependent life insurance coverage at the following base levels:
Covered Unit Coverage Amount:
Employee $75,000
Spouse $25,000
Registered Domestic Partner $25,000
Children $5,000
Income Protection Insurance (Short-Term Disability): The City shall contribute one hundred percent (100%) of the premium annually for income protection insurance for active employees. (The actual benefit amount equates to $125.00 per weck) if utilized.
Flexible Spending Account (FSA): Employee paid through pre-tax payroll deductions, subject to IRS annual limits.
Deferred Compensation: All Management/Unrepresented employees receive four hundred dollars ($400.00) per month in deferred compensation.
Employees will have access to the 401A, Money Purchase Pension Plan and Trust, subject to City Council modification of the plan as authorized by federal and state laws.
Employee Assistance Program (EAP): Offers limited free and confidential counseling and referral services to employees related to work, personal, and life issues.
State Disability Insurance: Employees shall pay one hundred percent (100%) of the cost of State Disability Insurance (SDI) through payroll deduction.
LEAVES
Holidays:
The City recognizes the following holidays per calendar year:
New Year's Day Labor Day
Martin Luther King Day Veteran's Day
President's Day Thanksgiving Day
Cesar Chavez Day Friday after Thanksgiving
Memorial Day Christmas Eve
Juneteenth Christmas Day
Independence Day
Holidays that fall on a Friday or Saturday will be observed on the preceding Thursday; holidays that fall on a Sunday will be observed the following Monday.
Holiday Closure: During the week of Christmas Eve through New Year's Day, the City offices will be closed. Employees may utilize accrued administrative leave, vacation leave, compensatory time, or floating holidays, in addition to the holidays; in order to receive full pay for the closure time period.
Vacation Leave:
Years of Service Annual Accrual
Prorated Accrual - 80 hours awarded upon
0 - 1 Year
completion of 365 days (2080 hours
1-4 Years 6.00 Hours/pay period
5 - 10 Years 7.50 Hours/pay period
11 - 16 Years 9.50 Hours/pay period
17+ Years 10.50 Hours/pay period
Vacation Accrual Cap: Employees within the Management Unit may not accrue more than six hundred (600) hours of vacation leave. Vacation accruals will resume once the employee's accumulated vacation balance falls below six (600) hours.
Sick Leave: Employees within the Management Unit will accrue at the rate of 120 hours per fiscal year or (4.615 per pay period).
Upon separation from City service due to retirement, resignation, layoff or death, the Employee shall be paid at his current base hourly rate for their accumulated and unused sick leave as follows:
Years of Service Percentage to Be Paid
5 - 9 years 50%
10 - 14 years 65%
15 - 19 years 75%
20 years or more 100%
An employee may use accumulated but unused sick leave while on an absence due to an industrial injury in addition to any worker's compensation payment; the combination of the two shall not exceed one hundred percent (100%) of Employee's base salary.
Optional Annual Vacation/Sick Leave Cash Out
Effective December 1, 2024, for calendar year 2025 (1/1/2025) and every year thereafter: In December of each year, employees may irrevocably elect to cash-out up to 210 combined total of hours of vacation and/or sick time to be accrued in the following calendar year that are both accrued and unused at the time of the cash out Use of Vacation/Sick Cash-Out
A. In order to cash out, the employee must submit an irrevocable election form, no later than December 1 of the preceding calendar year specifying the amount of hour of each kind of leave requested to cash out, and specifying how much shall occur in each of the 2 annual distributions. The cash-out is only for hours to be accrued in the calendar year following submission of the irrevocable election form.
Regardless of the number of leave hours elected, only those hours that were accrued in the calendar year after the irrevocable election that remain unused at the time of the distribution shall be cashed out.
B. The two annual distributions shall be June 1st and December 1st of each calendar year.
C. Employees who do not submit an irrevocable election form by December 1 will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.
D. Cash-outs shall not deplete the employee's vacation below 80 hours. The cash-out shall be at the employee's current base salary rate, not the FLSA regular rate of pay, but shall include salary and special compensation, yet exclude overtime and cafeteria payments, at the time of cash-out.
E. This section does not preclude an employee the ability to deposit unused hours into their 457(b) deferred compensation account or their RHSA (once established) throughout the year, up to the statutory limits.
Administrative Leave: Employees will be credited with administrative leave as follows:
A. One hundred twenty (120) hours administrative leave.
B. Administrative leave hours will be credited on July 1; hours must be used by June 30 of the following year.
C. Administrative leave hours do not accumulate; hours not used by June 30 of each year are forfeited.
D. Administrative leave hours will be prorated only when employees enter the unit.
Bereavement Leave: Any eligible employee whom is absent from work by reason of death in the immediate family may be allowed a leave of absence with pay. Up to three (3) cumulative working days (30 hours) per occurrence may allowed to attend funeral services, which will not be deducted from the employee's leave bank.
Jury Duty: An employee may be absent for up to ten (10) hours per day for jury duty.
Military Leave: In accordance with the Military Leave and Veterans Code, Section 395, any public employee who is a member of the reserve corps of the U.S. or National Guard, or the Naval Militia shall be entitled to temporary leave of absences as provided by federal law while engaged in active military duty (including training, encampment, naval cruises, special exercises, or like activity) providing that the period of ordered duty does not exceed 180 calendar days.
RETIREMENT
California Public Employees' Retirement System (CalPERS):
Tier 1 ("Classic" Members): 2.7% at 55 formula with widow's one-half continuance.
Tier 2 ("New" Members/PEPRA): 2% at 62 formula.
Employees who are new members, as defined above, shall be required to pay fifty percent (50%) of the expected normal cost rate for their benefits. (This amount is six and three-quarters percent (6.75%) of reportable compensation as of January 1, 2013).
Employees who are not new members shall be required to pay a total of eight percent (8%) of their salary, on a pre-tax basis, towards PERS costs. All contributions made by employees described in the previous section above shall be in accordance with IRS Code §414(h)(2) (or any subsequent amendments to said IRS code section), whereby employee contributions described above shall be tax deferred (not subject to taxation until time of constructive receipt.
ADDITIONAL BENEFITS
Automobile Allowance: Specific to "Managers" within the Management, Unrepresented, At-Will Group, namely the following classifications: City Manager's Assistant, City Manager's Executive Assistant, Community Compliance Manager, Community Development Manager, and Utilities Manager the City may provide the employee with the option of the use of a City vehicle.
Bilingual Pay: The City shall pay One Hundred Dollars ($100) per pay period to Employee upon passage of the City examination for fluency in Spanish.
Cell Phone / Technology Allowance: Specific to "Managers" within the Management, Unrepresented, At-Will group, the City shall provide employee with a City cell phone for the conduct of City business only, paid by the City.
Educational Reimbursement: The City agrees to reimburse employees up to two thousand five hundred dollars ($2,500) per fiscal year for expenses for tuition and books, provided that the employee achieves a passing grade in the course.
Longevity Pay:
Employees with five (5) to nine (9) years of cumulative City of Rialto service will receive longevity pay equal to three percent (3%) of his or her base salary. Employees with ten or more years of cumulative City of Rialto service will receive longevity pay equal to six percent (6%) of his or her base salary.
To the extent applicable and permitted by law, this pay shall be reportable to CaPERS as special compensation or pensionable compensation pursuant to Title 2, Sections 571 and 571.1 of the California Code of Regulations.
Rialto Fitness Center: Employees, employees' spouses, retirees, and retirees' spouses shall be allowed free use of the Rialto Fitness Center during normal operating hours if the City has managerial control of the facility. Employees, employees' spouses, retires, and retires' spouses shall adhere to the same regulations regarding reservations and use and care of the facilities as the general public.
Severance Pay: Specific to "Managers" within the Management, Unrepresented, At-Will Group, namely the following classifications: City Manager's Assistant, City Manager's Executive Assistant, Community Compliance Manager, Community Development Manager, Human Resources/Risk Manager and Utilities Manager may be offered severance pay to a member upon termination of employment without cause, in the amount of two (2) months of the employee's then current base salary and benefit levels.
At the City Manager's discretion, severance pay shall be issued as a lump sum or in accordance with the City's regular pay periods.
NOTES
Roso 825 3 AHlach ment
TAB 1 6-25.24
1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 RIALTO, CALIFORNIA, UPDATING THE CITYWIDE
CLASSIFICATION AND COMPENSATION SCHEDULE FOR
4 FULL-TIME AND PART-TIME EMPLOYEES
5 6 WHEREAS, the City of Rialto ("City") contracts with the California Public Employees' 7 Retirement System ("CalPERS") to provide retirement benefits for its employees; and 8 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires governing 9 bodies of local agencies contracting with CaPERS to approve and adopt a publicly available 10 pay schedule in accordance with public meeting laws; and 11 WHEREAS, the pay schedule must identify each position by title, the individual payrate 12 amount or ranges for that position, and the time base upon which the amounts are based; and 13 WHEREAS, Section 2.12.070 of the Rialto Municipal Code requires that the offices and 14 positions in the City employment be fixed and established by resolution of the City Council; 15 and
16 WHEREAS, Rule IV of the City's Personnel Rules, as adopted by the City Council in 17 Resolution No. 4092 on January 3, 1995, states that the Personnel Officer shall submit a salary 18 resolution that establishes the minimum through the maximum salary rate of pay for employee 19 classifications, which shall be adopted by the City Council ("Classification/Compensation 20 Plan"); and
21 WHEREAS, the City negotiated Memoranda of Understanding ("MOU") with the Rialto 22 Police Benefit Association - Police General Bargaining Unit ("RPBA-General"); Rialto Police 23 Benefit Association - Management Bargaining Unit ("RPBA- Management); the Rialto Fire 24 Management Association ("RFMA), the Rialto Professional Firefighters' Association Local 25 3688, ("Local 3688"); the Rialto City Employees' Association ("REA"), the Unrepresented, 26 Unrepresented Management and Executive Management; and 27 WHEREAS, the City has given appropriate notice and an opportunity to meet and confer 28 over all matters within the scope of representation to all bargaining units affected by these changes, and has completed that process; and
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25 1 WHEREAS, Section 2.50.060 of the Rialto Municipal Code lists a number of 2 classifications that should be included in the Classification/Compensation Plan; and 3 WHEREAS, the City Council desires to adopt this Resolution to properly reflect the 6% 4 COLA adjustment given for the 2023-24 Fiscal Year; and 5 WHEREAS, the City Council now desires to adopt this Resolution to increase the Cost of 6 Living Adjustment to six percent (5%) for the 2024-2025 Fiscal Year; and 7 WHEREAS, the City Council now desires to adopt a publicly available pay schedule to 8 reflect the payrates, in accordance with the requirements of California Code of Regulations, 9 Title 2, Section 570.5; and
10 WHEREAS, the City Council now desires to adopt this Resolution to adopt Cost of Living 11 Adjustments for the employees that are covered under the Rialto Police Benefit Association- 12 General Unit.
13 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY 15 FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
16 17 Section 1: The RPBA- General, RPBA-Management, RFMA, Local 3688, RCEA, 18 Unrepresented, Unrepresented Management, and Executive Management shall receive the 19 following Cost of Living Adjustment of 5% on July 1, 2024, for the Fiscal Year of 2024-2025, 20 as reflected in the Classification and Compensation Salary Table attached hereto as Exhibit "A" 21 Section 2: The Groups in Section 1 shall also accurately reflect the 6% COLA retroactive to 22 July 1, 2023 as reflected in the Classification and Compensation Salary Table attached hereto as 23 Exhibit "B"
24 Section 2: The City Clerk shall certify to adopt this Resolution, which shall take effect upon 25 adoption.
26 27
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