City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01077 5/13/2025 Item 2.
Personnel Resolution Covering Compensation for Council-Appointed Officers File ID: 2025-01077
Location: Citywide
Recommendation: Pass a Motion recommending the establishment of a personnel resolution for Council-Appointed officers and directing staff to work with the Council-Appointed officers on a version of the personnel resolution to present to P&PE for consideration at a future meeting.
Contact: City Councilmember Rick Jennings, Chair of the Personnel and Public Employees Committee, (916) 808-7007, [email protected] Presenter: City Councilmember Rick Jennings, Chair of the Personnel and Public Employees Committee, (916) 808-7007, [email protected] Attachments:
1-Description/Analysis
2-Council-Appointed Officers Resolution
Description/Analysis
Issue Detail: To improve transparency and administrative clarity, the City of Sacramento is proposing to establish a new personnel resolution specifically for Council-Appointed Officers. This resolution will apply to officers hired directly by the City Council-namely, the City Manager, City Attorney, City Auditor, City Clerk, City Treasurer, and the Director of Public Safety Accountability-and will be maintained separately from the existing personnel resolution that governs other unrepresented City staff. Creating a distinct resolution for Appointed Officers will streamline Council decision-making by providing a clear, centralized document for managing compensation and benefits for these leadership roles.
Currently, all unrepresented employees, including Council-Appointed Officers, are covered under a single personnel resolution, which can lead to challenges in the consistent application and administration of compensation policies. By separating these into two resolutions, the City aims to enhance transparency, improve policy clarity, and better support the Council’s oversight of employment terms for its appointed officials, while preserving the existing framework for other unrepresented staff.
File ID: 2025-01077 5/13/2025 Item 2.
Policy Considerations: Not applicable.
Economic Impacts: Not applicable.
Environmental Considerations: The proposed action is not a project under CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5).)
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: A single personnel resolution which governs both unrepresented employees and Council-Appointed Officers can make it challenging to apply compensation and benefit policies in a way that adequately addresses the distinct roles and responsibilities of Appointed Officers compared to other unrepresented staff. Managing a single resolution for two groups with different needs can also create administrative inefficiencies, leading to unclear or overly broad policies.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
Personnel Resolution Covering
Compensation for Council Appointed Officers
xx, 2025
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Table of Contents
ARTICLE 1 – GENERAL PROVISIONS................................ ................................ ....................... 1
1.1 APPLICABILITY ................................ ................................ ................................ ............ 1
1.2 TYPE OF APPOINTMENTS ................................ ................................ ............................ 1
1.3 CITY SERVICE ................................ ................................ ................................ ............. 1
1.4 HOURS OF EMPLOYMENT ................................ ................................ ............................ 1 ARTICLE 2 – FRINGE BENEFIT PLAN/HEALTH AND WELFARE................................ ............... 1
2.1 HEALTH AND WELFARE CONTRIBUTION (CITY CONTRIBUTION) ................................ .... 1
2.2 COVERED DEPENDENTS ................................ ................................ ............................. 2
2.3 LIFE INSURANCE ................................ ................................ ................................ ......... 3
2.4 LONG TERM DISABILITY ................................ ................................ ............................... 3
2.5 FLEXIBLE SPENDING ACCOUNTS ................................ ................................ ................. 3
2.6 DEFERRED COMPENSATION PLAN................................ ................................ ............... 4
2.7 SECTION 401(A) MONEY PURCHASE PLAN ................................ ................................ ... 4
2.8 LONGEVITY PAY (CITY CHARTER) ................................ ................................ ................ 4
2.9 LONGEVITY PAY (UNREP RESO)................................ ................................ ................... 4 ARTICLE 3 – RETIREMENT ................................ ................................ ................................ ....... 5
3.1 RETIREES OR SURVIVOR DEPENDENTS................................ ................................ ....... 5
3.2 PERS RETIREMENT PLAN AND CONTRIBUTION ................................ ............................ 7 ARTICLE 4 – SALARIES AND EXPENSE ALLOWANCE................................ ............................. 7
4.1 SALARIES ................................ ................................ ................................ .................... 7
4.2 EXPENSE ALLOWANCE ................................ ................................ ................................ 8 ARTICLE 5 – LEAVES ................................ ................................ ................................ ................ 8
5.1 ACCRUAL OF LEAVE HOURS OVER 24 PAY PERIODS ................................ .................... 8
5.2 VACATION ................................ ................................ ................................ ................... 8
5.3 HOLIDAYS ................................ ................................ ................................ ................... 9
5.4 MANAGEMENT LEAVE TIME ................................ ................................ ....................... 11
5.5 SICK LEAVE ................................ ................................ ................................ ............... 12
5.6 PARENTAL PAY................................ ................................ ................................ .......... 14
5.7 INJURY-ON-DUTY................................ ................................ ................................ ....... 14
5.8 COURT LEAVE ................................ ................................ ................................ ........... 15
5.9 CATASTROPHIC LEAVE................................ ................................ .............................. 15
5.10 BEREAVEMENT PAY ................................ ................................ ................................ .. 15
5.11 FAMILY AND MEDICAL LEAVE................................ ................................ ..................... 16
5.12 PERSONAL TIME OFF................................ ................................ ................................ . 16 ARTICLE 6 – REIMBURSEMENTS AND ALLOWANCES ................................ .......................... 16
6.1 TRANSPORTATION AND PARKING ALLOWANCES ................................ ....................... 16
6.2 TUITION REIMBURSEMENT ................................ ................................ ........................ 17
6.3 STATE OF CALIFORNIA BAR DUES ................................ ................................ ............. 17
6.4 CONTINUING EDUCATION ................................ ................................ .......................... 17
6.5 BILINGUAL PAY................................ ................................ ................................ .......... 17
6.6 TECHNOLOGY ALLOWANCE ................................ ................................ ....................... 17 ARTICLE 7 – MISCELLANEOUS ................................ ................................ .............................. 18
7.1 OFF-DUTY EMPLOYMENT OF EXEMPT EMPLOYEES................................ .................... 18
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7.2 PAYROLL ERRORS ................................ ................................ ................................ .... 19
7.3 RETIREE COURT APPEARANCE FEES ................................ ................................ ........ 19
1 ARTICLE 1 – GENERAL PROVISIONS
1.1 APPLICABILITY
a. The terms of this Resolution shall apply to Charter Officers and the Director of Public Safety Accountability unless superseded by an employment contract approved by the City Council. This Resolution does not apply to any employee appointed as a retired annuitant.
b. The term “compensation” as used in this Resolution shall refer to and include all forms of compensation including, but not limited to, salaries, retirement benefits, City provided health and welfare insurance, and fringe benefits.
c. The term “employee” as used in this Resolution shall refer to the Charter Officers and the Director of Public Safety Accountability.
1.2 TYPE OF APPOINTMENTS
Nothing in this Resolution shall create an express or implied covenant or contract or create a property right or tenure for any person appointed as a Charter Officer or the Director of Public Safety Accountability covered by this Resolution. All employees covered by this Resolution serve at the pleasure of the Mayor and Council. Consequently, just cause need not be established to impose discipline, and employees covered by this resolution have no rights to appeal the imposition of discipline.
1.3 CITY SERVICE
City service for purposes of calculating benefits and leave accruals shall be calculated using each employee’s cumulative career employment with the City .
For career part-time employees, City service shall be prorated. Th e use of prior employment for calculating the City service for rehired employees shall not create a right to retroactive benefits.
1.4 HOURS OF EMPLOYMENT
The normal work week shall not apply to employees exempt from the overtime provisions of FLSA. Exempt employees are expected to work any amount of time required to perform the duties of their positions.
ARTICLE 2 – FRINGE BENEFIT PLAN/HEALTH AND WELFARE
2.1 HEALTH AND WELFARE CONTRIBUTION (CITY CONTRIBUTION) a. The City shall administer a Cafeteria Plan (Plan) for employees consistent
2 with Section 125 of the Internal Revenue Code. The details of Plan eligibility and operations requirements are set forth in the Plan documents. b. Employee Only
The City contribution for an employee enrolled in a City-sponsored medical plan for employee only shall be up to a maximum of $971 per month. c. Employee Plus One (1) Dependent
The City contribution for an employee enrolled in a City-sponsored medical plan for employee plus one (1) dependent shall be $1,545 per month. d. Employee Plus Two (2) or More Dependents
The City contribution for an employee enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents shall be $2,051 per month.
e. For employees enrolled in an Account -Based Health Plan (ABHP), as defined by the City, the contributions shall be as specified above. To the extent that the premium for the ABHP is less than the monthly City contribution, any excess City contribution shall be credited to the employee’s Health Savings Account (HSA), to the extent allowed by law. f. Employees not enrolled in a City-sponsored medical plan shall receive up to $747 per month to purchase City-sponsored dental and vision coverage. g. Employees who are eligible to receive the City contribution who do not provide proof of other group medical coverage or do not enroll in City medical coverage within thirty (30) days of being eligible for the City’s contribution shall be enrolled in the lo west cost ABHP medical plan for employee only coverage.
h. Employees shall not receive any unused portion of the City contribution as cash.
i. In addition to the City contribution received above, the Charter Officers shall receive three percent (3%) of base salary to apply to optional benefits.
2.2 COVERED DEPENDENTS
a. Funds used to pay the health insurance premium cost for a domestic partner and/or a domestic partner's dependent children shall be in accordance with Federal and State tax laws.
3 b. An employee who has a domestic partner and is registered with the Secretary of State of the State of California may cover the domestic partner and/or the domestic partner's children, under the employee's City - sponsored medical, dental, or vision plan. Employees with registered State of California domestic partners shall receive the City contributions as specified in Section 2.1.
c. The following eligible dependents qualify to be enrolled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age twenty-six (26) who are an employee’s natural child, stepchild, adopted child, or the natural or adopted child of an employee’s spouse or registered domestic partner; children up to age twenty-six ( 26) who are placed under the legal guardianship of an employee, the employee’s spouse, or employee’s registered domestic partner; children up to the age of twenty-six ( 26) in which the City has received notice of a Qualified Domestic Relations Order of required coverage; and disabled unmarried children over the age of twenty-six (26) who reside with the employee . The definition of dependent child for purposes of medical insurance shall also be in accordance with the Patient Protection and Affordable Care Act.
d. An employee covered as a dependent of another City employee may not enroll in a City medical plan but may enroll in a City dental or vision plan.
2.3 LIFE INSURANCE
a. City-paid basic life insurance shall be:
Group Amount
Director of Public Safety Accountability $50,000
City Attorney, City Auditor, City Clerk and City Treasurer $100,000 City Manager $150,000
b. Optional Employee-Paid Insurance:
Employees may purchase, at their expense, City-sponsored supplemental life insurance subject to limitations specified by the insurance carrier.
2.4 LONG TERM DISABILITY
Employees shall receive City-paid long-term disability insurance.
2.5 FLEXIBLE SPENDING ACCOUNTS
The City offers a Flexible Spending Account program to employees as permitted
4 by Internal Revenue Code and associated Regulations.
2.6 DEFERRED COMPENSATION PLAN
Employees may participate in the City's Deferred Compensation 457(b) Plan (Plan) to the extent allowed by law and the Plan documents.
Each participant in the Plan shall contribute one dollar and fifty cents ($1.50) per month from their Plan balance to the Plan’s administrative allowance account.
2.7 SECTION 401(A) MONEY PURCHASE PLAN
Employees must participate in the City’s 401 (a) Money Purchase Plan to the extent allowed by law and the 401 (a) Plan (Plan) documents. The City’s established Internal Revenue Code Section 401(a) Plan contributions are as follows:
a. For employees the City shall contribute four percent (4%) of salary and the employee shall contribute five percent (5%) of salary.
b. The 401(a) Plan shall conform to all IR C requirements. Vesting of City funds occurs with enrollment consistent with the Internal Revenue Code, and the 401(a) plan documents.
2.8 LONGEVITY PAY (CITY CHARTER)
Employee eligibility for longevity pay shall be determined as provided under Section 108 of the City Charter. The amount to be paid annually on the second check in July after twenty (20) years of City service shall be one hundred dollars ($100), and after twenty-five (25) years of City service, an additional two hundred dollars ($200), for a total of three hundred dollars ($300). Longevity pay is provided for in the City Charter and not through this Resolution. In the event changes are made to the City Charter, those changes shall supersede the provisions of this Resolution.
Longevity Pay as provided in this Section shall be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation.
2.9 LONGEVITY PAY (UNREP RESO)
Employees who have completed seventeen (17) years of City service shall be eligible to receive longevity pay in the amount of three percent (3%) of their base rate of pay effective the first pay period after Council approval of this Resolution.
Longevity pay shall be additive and shall not be compounded with any other type of pay or incentive. For purposes of determining employee eligibility for longevity pay, as provided in this Section, years of service shall be determined by an employee’s City Service Seniority as defined in Section 1.3, City Service.
5 ARTICLE 3 – RETIREMENT
3.1 RETIREES OR SURVIVOR DEPENDENTS
Eligible City retirees or eligible survivor dependents shall receive City retiree insurance contributions for medical, dental, and vision insurance benefits from the City as follows:
a. The maximum City contribution towards the purchase of medical, dental, or vision insurance for retirees is up to three hundred dollars ($300) per month for the retiree. A retiree with one (1) or more dependent(s) enrolled on the retiree’s medical plan shall receive up to an additional sixty-five dollars ($65) per month, for a total maximum monthly City contribution up to three hundred and sixty -five dollars ( $365). Retirees shall not receive any unused portion of the City contribution as cash.
b. Retiree Insurance Contributions for Employees Retiring on or after July 1, 1992
(1) Employees retiring with thirty (30) or more years of City service shall be eligible for up to the City's maximum retiree health insurance contribution identified in subsection 4.1(a) above on the date of retirement without regard to age.
(2) Employees retiring with a minimum of twenty (20) full years of City service but less than thirty (30) full years of City service who are at least fifty (50) years of age shall receive up to one hundred percent (100%) of the City’s maximum retiree insurance contribution identified in subsection 4.1(a) above.
(3) Employees retiring with a minimum of fifteen (15) full years of City service but less than twenty (20) full years of City service who are at least fifty (50) years of age shall receive up to seventy-five percent (75%) of the City’s maximum retiree insurance contribution identified in subsection 4.1(a) above.
(4) Employees retiring with a minimum of ten (10) full years of City service but less than fifteen (15) full years of City service who are at least fifty (50) years of age shall receive up to fifty percent (50%) of the City’s maximum retiree insurance contribution identified in subsection 4.1(a) above.
(5) There shall be no City retiree insurance contribution for retirees with less than ten (10) full years of City service.
(6) An employee who does not retire from the Sacramento City Employee Retirement System or CalPERS within one -hundred twenty (120) days from the date of separation from City service shall
6 not be eligible for the City’s retiree insurance contribution and may not enroll in a City medical, dental, or vision plan.
c. Pre-Medicare Retirees
Pre-Medicare retirees who are not eligible for Medicare benefits may elect to participate in a City -sponsored medical plan or purchase a non -City medical plan. A retiree who elects to purchase a medical plan not sponsored by the City shall only be eligible to enroll in a City medical plan if the retiree enrolls with an effective date of coverage which is within two (2) years from the date their prior City medical coverage terminated. d. Medicare Retirees
In order for Medicare eligible retirees to maintain eligibility for the City retiree health insurance contribution, each eligible retiree and eligible dependents must enroll in Medicare Parts A and B upon being eligible for such benefits. Medicare retirees may elect to pa rticipate in a City - sponsored Medicare medical plan or purchase an individual Medicare plan.
Medicare retirees who have enrolled in Parts A and B after becoming eligible for such benefits may elect to participate in a City -sponsored Medicare plan without restriction to the amount of time that the retiree has waived a City-sponsored medical plan. Medicare retirees may only enroll eligible dependents on their City -sponsored Medicare medical plan, if the eligible dependents have enrolled in Parts A and B. Non -Medicare dependents may be enrolled as long as the retiree has been enrolled on a City non -Medicare plan within two (2) years of the effective date of coverage for enrollment of the non-Medicare dependent.
Medicare retirees who are eligible for Medicare Parts A and B who elect to purchase an individual medical plan shall only be reimbursed the cost of the individual premium associated with a Medicare Advantage, Medicare Supplemental, and/or Medicare Prescrip tion Drug plan up to the City contribution identified in subsection 3.1(a), above.
e. Retiree Insurance Contribution Exclusion
Retirees who participate in another group medical plan as an employee or dependent spouse shall not be eligible for the City contribution identified in subsection 3.1(a) above.
f. Industrial Disability or Death in Line of Duty Survivors Retirees who receive industrial disability pensions or death in -line-of-duty survivor benefits will be eligible for up to one hundred percent (100%) of the City’s applicable maximum retiree insurance contribution regardless of
7 years of service.
g. Survivor Dependents Benefits
Survivor dependents of eligible retirees shall be entitled to continue receiving the retiree insurance contribution. The benefit to survivor dependents shall be calculated as provided in subsection 3.1(b). h. Limitation Clause
No employee or retiree shall have any rights provided by this Section 3.1 after June 30, 2026.
i. Elimination of Retirees or Survivor Dependents Benefits No employee hired, reemployed, or rehired on or after July 20, 2012, shall be eligible for any benefits provided by this Section 3.1.
3.2 PERS RETIREMENT PLAN AND CONTRIBUTION
a. Member Contribution to PERS Retirement Plan – Classic Members Employees shall pay eight percent (8%) of salary to the PERS retirement plan. The City will seek to amend the PERS contract to reflect a new cost- share agreement in which miscellaneous classic members shall, from the date of the amendment, pay the seven percent (7%) employee contribution and one percentage point (1%) of the employer contribution through PERS cost-share. If this PERS cost -share is not approved by a vote of the unrepresented unit miscellaneous employees, the one percent (1%) cost- share will remain in the City’s account. Classic members in miscellaneous classifications shall qualify for the 2% at 55 benefit formula based upon the highest twelve (12) consecutive months of compensation. b. Member Contribution to PERS Retirement Plan – New Members Employees hired after December 31, 2012, shall be members in the PERS on terms consistent with Public Employees’ Pension Reform Act (PEPRA).
New members in miscellaneous classifications shall qualify for the 2% at 62 benefit formula, shall contribute 50% of the tot al normal cost of the PERS retirement plan, and retirement shall be based upon the highest thirty-six (36) consecutive months of compensation.
ARTICLE 4 – SALARIES AND EXPENSE ALLOWANCE
4.1 SALARIES
The salaries for the Charter Officers and Director of Public Safety Accountability
8 shall be modified only by City Council action and approval.
4.2 EXPENSE ALLOWANCE
The City will pay to the City Manager a sum of four hundred dollars ( $400) per month for City expenses for which no vouchers need be furnished. The City will pay to the City Attorney, City Auditor, City Clerk, and City Treasurer a sum of three hundred and fifty dollars ( $350) per month for City expenses for which no vouchers need be furnished.
ARTICLE 5 – LEAVES
5.1 ACCRUAL OF LEAVE HOURS OVER 24 PAY PERIODS
Unless provided otherwise in this Article, leave hours shall accrue over twenty-four (24) pay periods per year, during the first two (2) pay periods of each month.
5.2 VACATION
a. Employees shall be entitled to vacation allowances pursuant to the provisions of Section 107 of the City Charter . Based on length of City service, the accrual of annual vacation allowances shall be as follows:
Length of Service Annual Vacation Allowance
1 to 5 years 10 days/80 hours
5 years and 1 day to 15 years 15 days/120 hours
more than 15 years 20 days/160 hours
b. Vacation allowance administration shall be in accordance with the Rules and Regulations of the Civil Service Board , unless an exception is authorized by the Mayor or the Mayor’s designee under appropriate circumstances. Employees may accumulate a maximum of four hundred and eighty (480) vacation hours. Once the maximum is reached, there shall be no further vacation accrual until the balance falls below four hundred and eighty (480) hours.
c. Employees who are eligible to receive a cash payment in -lieu of vacation leave, as provided for in Article 8 Section 107(d) of the Sacramento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation hours in the calendar year following election. Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30. The in -lieu payment will be made to the employee on the last paycheck in March of
9 the calendar year following the election. If the employee electing the in-lieu payment separates from City employment for any purpose before receiving the in-lieu payment, the employee forfeits any right to receive the payment, but will instead have their vacation leave balances credited with the amount of hours that would have accrued from January 1 to the last day of employment.
5.3 HOLIDAYS
a. Recognized Holidays
Except as otherwise provided, the following shall be recognized holidays for eligible employees:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Cesar Chavez's Birthday March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve (4 hours) December 24
Christmas Day December 25
New Year's Eve (4 hours) December 31
b. Eligibility
(1) To be eligible for holiday pay, the employee must be in a paid work status the scheduled workday before and after the recognized holiday. Any payable leave time, such as vacation, and sick shall be considered hours worked for the purpose of holiday pay eligibility. (2) A part-time employee, including an employee in a work -sharing program, and non -career (+1,040) employee shall receive the recognized holiday benefit based upon the number of hours the employee was paid in that workweek as follows:
Number of
Recognized Holidays
in the Workweek
Minimum Number of Paid
Hours in the Workweek
50% Benefit 100% Benefit
0.5 18 28.8
1.0 16 25.6
10 1.5 14 22.4
2.0 12 19.2
An employee paid for less than the minimum number of hours required for the 50% benefit shall receive no recognized holiday benefit.
(3) Non-career (-1,040) employees shall not receive recognized holiday benefits.
c. Holiday Observance
(1) If an employee's scheduled days off are Saturday and Sunday during a standard City workweek in which a recognized holiday falls, the following shall apply:
i. If the recognized holiday falls on a Saturday, the preceding Friday shall be considered the employee's holiday.
ii. If the recognized holiday falls on a Sunday, the following Monday shall be considered the employee's holiday.
(2) If an employee's schedule differs from the traditional Monday - Friday workweek in which a recognized holiday falls, the actual dates as listed above shall be considered as the employee's holiday.
d. Floating Holidays
(1) Accrual
i. In addition to the recognized holidays specified above, except as provided below, employees shall receive the
equivalent of two (2) floating holidays per fiscal year on an accrual basis as follows:
1. Each full -time employee shall accrue sixteen (16)
hours of floating holiday per calendar year at the rate of forty (40) minutes on each of the first two (2)
paychecks each month, as long as the employee is in
paid status forty (40) or more hours of salary on the
paycheck that the accrual would occur.
2. A part -time employee shall accrue floating holiday credit based on the number of hours for which the
employee was paid in that bi-weekly pay period: 64 or
more hours paid = 100% accrual [forty (40) minutes
per each eligible paycheck]; 40 -63.9 hours paid =
11 50% accrual [twenty (20) minutes per each eligible
paycheck].
(2) Administration
An employee may carry -over from the preceding calendar year a maximum of eight (8) hours of floating holiday accrual. There shall be no cash out of floating holiday hours, either annually or upon separation.
5.4 MANAGEMENT LEAVE TIME
a. Employees exempt from the overtime provisions of FLSA shall not accrue compensating time off or earn overtime pay for time worked in excess of eight (8) hours per day or forty (40) hours per week but shall be expected to devote as much time to their employm ent as may be necessary for the efficient operation of City government.
b. Employees shall be credited with eighty (80) hours of management leave time each calendar year , with the time posted to each employee’s leave balances the first pay period in January. Employees appointed after January 1 of a calendar year shall be entitled to a pro rata share of eighty (80) hours of management leave time based upon the number of full months remaining in that calendar year. Management leave time shall be useable upon bein g credited, subject to the approval of the immediate supervisor.
Employees who receive management leave time pursuant to this subparagraph shall have the option to receive a cash payment for up to forty (40) hours in lieu of the equivalent management leave accruals in the calendar year following the date the employee makes the election. The following rules shall govern this optional payment:
(1) Any employee exercising such option shall be required to sign an appropriate form requesting payment in lieu of up to forty (40) hours of management leave time which shall be submitted to Payroll no later than November 30.
(2) Any employee exercising the option to receive cash in lieu of management leave time shall have the commensurate leave value debited from their leave balances when the payout is processed. (3) The employee shall receive the in-lieu payment on the first paycheck in February of the year following the date of the election. (4) Payment for up to forty (40) hours shall be calculated using the employee’s hourly rate of pay on the date that the in-lieu payment is made.
12 c. Management leave time shall not accumulate from year to year, and any management leave time not used or cashed out pursuant to the terms of this Section shall be forfeited on December 31 of the calendar year in which it was credited.
d. There shall be no cash out of management leave time upon separation. e. Part-time employees shall be credited with a prorated amount of management leave.
5.5 SICK LEAVE
a. Accrual and Usage
(1) A full-time employee shall accrue sick leave credits at the rate of four (4) hours on each of the first two (2) paychecks each month, which may be used by the employee in the event of illness or injury which is not job -related. Part-time career and non -career employees earn sick leave on a pro -rata basis per the Rules and Regulations of the Civil Service Board and/or California’s Healthy Workplaces, Healthy Families Act of 2014.
(2) Employees who have at least four hundred and eighty (480) hours of sick leave on the last day of the pay period ending on or before November 1 in any calendar year may make an irrevocable election to forego the accrual of not more than twenty-four (24) hours of sick leave during the following calendar year and receive instead a cash payment for the number of sick leave hours designated in the election.
(3) Notification of the irrevocable election must be made in writing to the Payroll Division, Department of Finance, between November 1 and November 30. The payment will be made on the last paycheck in May of the calendar year following the irrevocable electio n.
Payment shall be made at the hourly rate of pay the employee is receiving at the time the payment is made.
(4) If the employee electing the payment is separated from City employment before receiving the payment, the employee forfeits any right to the payment, but will instead have their sick leave balances credited with the sick leave hours the employee would have accrued from the January 1 following the date of election to the last day of employment.
b. Sick Leave Cash Out
(1) PERS
13 i. PERS members hired , reemployed, or rehired prior to January 1, 2005, with more than twenty (20) years of
continuous City service, are eligible to cash out sick leave upon separation for reasons of retirement, resignation, layoff or death as follows:
1. Eligible employees may receive a cash payment
equal to thirty-three and one-third percent (33 -1/3%)
of the total sick leave credits accumulated (to the
nearest full day) by the employee on the date of their
retirement, resignation, or layoff.
2. Eligible employees with an effective retirement date from PERS within one hundred twenty (120) calendar
days of their separation from City service may also
convert any or all of their total sick leave credits
accrued, less any payment received pursuant to
subparagraph 1, above, to PERS service credit as of
the date of their retirement consistent with and
pursuant to the PERS contract with the City, as
amended.
3. Individuals identified pursuant to California
Government Code § 53245 as being the person
designated on the employee’s “Designation of Person
Authorized to Receive Warrants,” or in the absence of
an identified person pursuant to California
Government Code § 53245, persons entitled by law to
the possession of the estate of a deceased employee
who was eligible to cash out sick leave credits
pursuant to subparagraph 1, above, may receive
payment for thirty-three and one-third (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of the employee’s
death.
ii. Employees hired, reemployed, or rehired on or after January 1, 2005, shall not be eligible for cash out payment of any portion of accumulated sick leave credits.
iii. PERS members may convert their sick leave balance to service credit pursuant to the PERS contract with the City upon separation of employment from the City for retirement, without regard to date of hire, reemployment, or rehire. iv. No employee whose services are terminated by reason of discharge for cause shall be eligible for payment of any
14 portion of accumulated sick leave credits.
(2) SCERS
Upon retirement, SCERS members eligible to accumulate sick leave credits shall receive a cash payment representing the value of thirty-three and one -third percent (33 -1/3%) of the sick leave credits (rounded to the nearest full day) accumulated to the date of retirement.
c. Except as provided herein, no payments made or sick leave credits accumulated shall be construed or deemed to constitute retirement benefits payable to employees of the City.
d. The Rules and Regulations of the Civil Service Board relating to the administration of sick leave privileges and benefits shall apply to all employees.
5.6 PARENTAL PAY
Pursuant to the City’s Leave Administration Policy, full-time employees who have completed at least three (3) years of full -time career City service from the most recent date of hire are eligible for parental pay of up to one hundred and sixty (160) hours of continuous time off. Part -time employees who have completed at least three (3) years of career City service from the most recent date of hire are eligible for parental pay of up to eighty (80) hours of continuous time off. Required career service must be completed preceding either:
a. The birth of a child who resides with the employee and for whom the employee has physical and legal custody; or
b. The adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody.
5.7 INJURY-ON-DUTY
a. Full-time career employees shall receive benefits for injuries suffered in the performance of their duties consistent with § 253 of the City Charter .
In the event changes are made to the City Charter, those changes shall supersede the provisions of this Resolution. To the extent permitted by law, the City shall receive a credit for the benefits provided pursuant to Charter § 253 against future workers’ compensation benefits. b. If the employee qualifies for temporary disability benefits after exhausting the one-year leave of absence for workplace injuries described in Charter § 253, the employee may use accrued leave balances to replace any loss of income. The employee may use full or partial days of leave pursuant to policy for this purpose, but in no event shall the cumulative amount
15 received from temporary disability payments and the use of leave balances exceed the hourly rate of pay of the employee as of the date of injury.
5.8 COURT LEAVE
a. When an employee is absent from work to testify in response to a properly served subpoena issued by a court of competent jurisdiction in a non - work-related matter to which the employee is not a party, to serve on a jury, or to report for jury duty examination, the employee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert for jur y duty and remain on the job until such time as called to testify or serve jury duty. When an employee is required to be on telephone alert, the employee will cooperate with the court or jury commissioner and the City will be responsible to ensure that the employee is available. Pay for work time lost shall be computed at the employee's regular rate of pay at the time of such absence.
b. To receive pay for work time lost, an employee must provide the City with a statement signed by an official of the court certifying the employee's service as a witness or juror or appearance in court for such purposes, the date or dates of attendance, the time released from attendance and the compensation paid exclusive of any transportation and subsistence allowance.
c. The City reserves the right to require the employee to reimburse the City for all witness fees or jury remuneration received, less transportation and subsistence allowance.
d. When a non -career employee is regularly scheduled to work and is ordered to appear in court or report for jury duty, such employee shall be entitled to court leave benefits in accordance with the above -stated procedure.
5.9 CATASTROPHIC LEAVE
Employees are entitled to catastrophic leave pursuant to, and consistent with, the City’s Leave Administration Policy.
5.10 BEREAVEMENT PAY
An employee may receive up to twenty -four (24) working hours of City bereavement pay for time taken off for the death of the employee's spouse, registered domestic partner, parent, sibling, child, grandchild, or grandparent. The employee may use sick leave as outlined in the Rules and Regulations of the Civil Service Board for additional time off or to attend to other death, bereavement, or funeral needs.
16 5.11 FAMILY AND MEDICAL LEAVE
Employees may be entitled to leave pursuant to the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and/or Pregnancy Disability leave (PDL) consistent with the City’s Leave Administration Policy.
5.12 PERSONAL TIME OFF
a. Full-time career employees who have completed ten (10) full years of City service shall be credited with twenty -four (24) hours of personal leave at the beginning of the first pay period in January of each year. Part -time career employees who have completed ten (10) full years of City service shall be credited with a prorated amount of time based on their regular schedule.
b. Personal leave shall not accumulate from year to year and shall have no cash value. If an employee is unable to use all of the time by the end of the calendar year based on operational need, the Department may approve carry -over to the next year. In all other cases, the time shall be forfeited.
c. Non-career employees are not eligible for personal leave benefits.
ARTICLE 6 – REIMBURSEMENTS AND ALLOWANCES
6.1 TRANSPORTATION AND PARKING ALLOWANCES
a. Reimbursement for Use of Privately-Owned Vehicles
(1) Employees shall receive $500 per month for the use of privately - owned vehicles on City business or as compensation in lieu of the use of City vehicles on City business subject to the limits identified in this article.
(2) Employees shall receive City-provided parking.
(3) Employees receiving less than two hundred and fifty dollars ($250) in monthly vehicle allowance may receive out -of-town mileage reimbursement. Reimbursement for out-of-town mileage shall be at the general mileage reimbursement rate (minus twenty-five ( 25) miles for individuals receiving a monthly vehicle allowance) or comparable coach airfare, whichever is lower.
b. Any automobile operated on City business by any employee receiving a monthly vehicle allowance shall be insured against liability in persons and property, including wrongful death, in an amount at least equal to $100,000 per person, $300,000 per accident, and property damage limits at least
17 equal to $50,000 (100/300/50).
6.2 TUITION REIMBURSEMENT
Employees will be reimbursed for the cost of tuition up to a maximum of one thousand and five hundred dollars ( $1,500) per calendar year, pursuant to the City's Employee Educational Assistance Program, as amended. In addition, the employee’s department may authorize tuition reimbursement for training through other approved sources. Except as provided in Section 6.5, Tuition Reimbursement, non-career employees are not eligible for tuition reimbursement.
6.3 STATE OF CALIFORNIA BAR DUES
The actual cost of mandatory State Bar dues shall be paid by the City for the City Attorney.
6.4 CONTINUING EDUCATION
When the City requires that an employee maintain a license or certificate which mandates continuing education units (CEUs) to maintain the license or certificate, the employee is responsible for obtaining the CEUs. The City may provide the needed CEUs or reimburse the employee for the cost of such training.
6.5 BILINGUAL PAY
a. The City may authorize bilingual pay when it is determined to be operationally necessary. The City shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for bilingual pay the employee must b e determined to be verbally proficient and, if necessary for the assignment, proficient in the written language. The City will arrange the certification and testing process necessary to authorize the bilingual pay.
b. Bilingual pay shall be paid at the rate of forty dollars ($40) per month for any month in which the employee is certified. An employee who is receiving bilingual pay may be required to provide assistance to any City operations.
6.6 TECHNOLOGY ALLOWANCE
a. Employees shall receive a monthly technology allowance of up to one hundred dollars ($100).
b. Upon approval of the technology allowance, the employee shall provide and maintain a personal cellular phone and service that is available to conduct City-related business. The employee shall provide , and the City may publish, the cellular phone number to designated individuals and
18 organizations with whom the employee normally conducts City -related business.
ARTICLE 7 – MISCELLANEOUS
7.1 OFF-DUTY EMPLOYMENT OF EXEMPT EMPLOYEES
a. Employees shall not engage in any other employment, work, profession, business, or enterprise that is inconsistent, incompatible, in conflict with or adversely affects the performance of their duties, or that is contrary to the most effective performance of the mission of City management or the best interests of the City.
b. Employees shall not accept any off -duty employment without the express consent, in advance, of the Mayor and Council.
c. Employees shall submit annual requests for approval for off -duty employment at the beginning of each fiscal year.
d. An employee shall not work:
(1) In any employment, which will tend to bring discredit upon City management, or which is detrimental to City goals, or which will reduce an individual's efficiency or usefulness as a City employee. (2) In any employment requiring an affiliation, membership, or allegiance tending to influence conduct in a manner inconsistent with the proper discharge of responsibilities to the City or the public interest.
(3) In any employment for any other municipality or political subdivision of the state or federal government (except with the express written authorization of the Appointing Authority).
(4) In any off-duty position while on sick leave or injured-on-duty status. e. An employee may request authorization for off -duty employment by forwarding a letter of request to the Mayor and Council. The letter should provide details concerning the type of employment, expected duration of employment, and the employer's name.
f. The Mayor and Council will notify in writing to the employee of action taken on the request for off-duty employment. A copy of the letter will be retained in the employee’s personnel file.
g. Authorization for off-duty employment may be revoked at the discretion of the Mayor and Council at any time.
19 h. Part-time, seasonal, or limited -term employees are not subject to the restrictions of this Section.
7.2 PAYROLL ERRORS
a. In the event an error has been made, including but not limited to the payment of an employee's salary, overtime payment or leave accruals, balances or usages, the City shall, for purposes of future compensation, adjust such compensation to the correct amou nt, and give written notice to the employee.
b. In the event an employee received an overpayment, reimbursement to the City shall be mutually agreed to between the parties and shall be accomplished by:
(1) Lump sum payment by the employee;
(2) A one-time deduction from useable vacation, compensating time off (CTO), or holiday credit balances equivalent to the overpayment at the employee's current hourly rate;
(3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutually agreed between the parties.
No repayment schedule shall exceed fifty-two (52) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, which leads to collection efforts or other legal remedies, the overpayment collection shall not exceed twenty-six (26) pay periods. c. No action shall be taken to enforce repayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment, or written or oral notice to the City in the case of an underpayment error.
7.3 RETIREE COURT APPEARANCE FEES
A retired City employee who is subpoenaed to appear in court on behalf of the City in their capacity as a former City employee shall receive a court appearance fee if the employee reports at the time specified for their particular testimony regardless of whether the employee is ultimately required to testify. The court appearance fee shall be one hundred twenty -five dollars ($125) for a full day or seventy-five dollars ($75) for a half day, which is defined as four hours or less.
Nothing herein shall serve to establish an employment relationship for any purpose, including, but not limited to, emp loyee benefits, reimbursements, compensation, court cancellation fee, or any other rights.