3) If a Department Head has not completed an evaluation in time for a merit adjustment by an employee's anniversary date (February 2, 2016 for most employees), the applicable merit pay adjustment once determined shall be made retroactive to the first full pay period following the anniversary date (and to February 2, 2016 in 2016 for those persons whose anniversary date is February 2, 2016).
E. subject to Section 14.G below , the City shall not suspend or freeze consideration of merit pay adjustments for Unit 9 employees unless step increases are suspended or frozen for all bargaining units that utilize a step system.
F. The City and Unit 9 may, by mutually agreement, meet to discuss potential changes to the merit pay system and/or movement toward a step pay system more like other bargaining units.
G. Effective January 1, 2021, employees holding positions in classifications assigned to Unit 9 shall be ineligible for a merit increase for the next two (2) consecutive rating periods. This means that an employee in Unit 9 shall not be eligible for a merit increase until the third rating period after January 1, 2021, and after the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase. Employees with a rating period that ends before January 1, 2021, will be eligible for a merit increase for that rating period pursuant to the Personnel and Salary Resolution, even if such merit increase (if any) is not approved until after January 1, 2021.
1) Employees hired or rehired or pr omoted or reclassified on or after January 1, 2021, and until on or before December 31, 2022, into positions in classifications assigned to Unit 9 shall be ineligible for a merit increase for the first two (2) consecutive rating periods. This means that an employee hired or rehired or promoted between January 1, 2021, and December 31, 2022, will not be eligible for a merit increase until the employee’s third rating period with the City after the employee was hired or rehired or promoted or reclassified into positions in classifications assigned to Unit 9.
(a) A current active City employee promoted or reclassified from another bargaining unit into a position in a classification assigned to Unit 9 between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase until the employee’s third rating period from the effective date of the promotion or reclassification.
(b) A current active City employee holding a position in a classification assigned to Unit 9 as of the effective date of this agreement who is promoted or reclassified into or accepts another position in Unit 9 between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase unless the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase since January 1, 2021.
(c) Nothing in this Section is intended to prohibit a pay increase that may result from a current active City employee being promoted or reclassified into a position in a classification assigned to Unit 9.
15. EMERGENCY PAID LEAVE PROGRAM
A. Administration
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board), consisting of two (2) members of the Unit 9 Board and the City Director of Human Resources (or designee).
Determination of eligibility to use the vacation established in this Emergency Paid Leave pool will be by majority vote of this board. An adverse decision of this board may be appealed to the Unit 9 Board of Directors and their determination shall be final.
B. Method of Donation
1) Contribution of vacation will be computed at the employee's base hourly rate of pay (excluding premium or specialty pay). 2) Contribution may be made from earned vacation, or cash only.
Conversion of Sick Leave to Vacation for purposes of donation to this pool will be immediately credited to the pool.
3) In a case where it has become known that an employee has been seriously injured or has a life-threatening illness and is in need of assistance from the Emergency Paid Leave Pool, contributions from accrued Sick Leave, computed at the contributing employee's base hourly rate of pay (excluding premium or specialty pay) may be made for the benefit of that specific employee who has the need. 4) Employee may authorize the City to automatically convert vacation that should be accrued to the employee to the pool when the employee's vacation accrual has reached the maximum allowed.
5) Funds contributed to the Emergency Paid Leave Pool will be placed in an interest bearing Trust Fund. The Trust Fund will be accumulated in total dollars. No record of number of hours contributed to the Pool will be maintained. An employee making a donation to the Pool will not have a vested right to the amount donated.
6) Employees, appointed Council officers, and the elected City Clerk may contribute earned vacation, or cash to the Emergency Paid Leave Pools of other City bargaining groups.
C. Use of Pool
1) Employee must have a verified emergency need for time off to request Emergency Paid Leave from the pool. An employee's initial request to use leave from the Emergency Paid Leave Pool shall be made to the City's Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee's request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the
individual making the request, the date of the request and whether or not the individual's request qualified as a verified medical emergency need under this section. Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency. 2) Employee must have exhausted appropriate paid leave (sick leave including eligible conversion to vacation or vacation) prior to becoming eligible to request emergency paid leave benefits from the pool. 3) The maximum time available from the pool (subject to the assets of the pool) will be 320 hours (four [4] pay periods) for Emergency Paid L eave
benefits due to the illness or injury of the employee or the maximum allowable accrual of vacation for emergency needs of the family of the employee.
4) Emergency Paid Leave will be deducted from the pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay). 5) Emergency Paid Leave hours will be made available for use in the pay period following approval by the Miscellaneous Unclassified Management Employees' Emergency Paid Leave Board.
6) Use of Emergency Paid Leave from the pool will be treated in the same manner as use of regular vacation. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation. 7) Emergency Paid Leave, which has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the pool. Vacation, sick leave and other benefits, which have accrued to the employee, will remain in the employee's account.
16. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. Sick Leave
1) Employees shall accrue ninety-six (96) hours of sick leave per year of regular City employment. Sick leave shall accrue in equal amounts each pay period. Employees shall not accrue sick leave while they are on unpaid status
.
2) Use of sick leave will be under the same terms and conditions as are now in place. Vacation, and Management Leave may be used to supplement sick leave with Department Head approval, as permitted and set forth in CMD 30.
B. Family Sick Leave
1)
Not more than forty-eight (48) hours of sick leave within one calendar year shall be granted to any employee for the care or attendance upon members of his/her immediate family, unless the use of additional leave is
approved by the City Manager or designee. "Immediate family" is defined as spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, parent by marriage, step-parent, step-child, grandparent by marriage, son-in-law, daughter-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, or anyone dependent on the employee for care.
C. Personal Leave
1) Each calendar year, an employee is entitled to use thirty-two (32) hours of accrued sick leave as Personal Leave, provided he/she has sufficient sick leave balance available.
2) Personal leave is intended to provide the employee with paid time off to attend to legitimate personal business that may arise from time to time during the year. Personal Leave may be used to supplement sick leave as required.
3) The employee has an obligation to provide as much notice as possible so as to allow for proper scheduling by the department.
4) Providing that the minimal requirements of proper notification have been met, the use of Personal Leave should not be denied.
5) The adoption of this program does not modify the existing ability of the employee to exchange up to 96 hours of accrued sick leave for up to 48 hours of vacation, based upon two (2) hours of sick leave for one (1) hour of vacation as provided and defined in the Personnel and Salary Resolution.
17. BEREAVEMENT LEAVE
A. The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of an employee's immediate family, as defined in this Section. Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of' the death of a parent, child, or sibling of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in- law), spouse or domestic partner; up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent, grandchild, aunt or uncle of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in-law); and up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of a great-grandparent, great- grandchild, great-aunt, great uncle, niece, nephew, or first cousin of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in-law).
B. The bereavement leave benefit is based on each death occurrence and is not charged to the Salary Adjustment Form.
C. Up to five (5) work days of additional bereavement leave may be charged to an employee's sick leave balance with City Manager approval.
D. At the request of the City, the employee will provide verification.
18. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
A. The City established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a defined contribution post-retirement medical benefit for employees. The City contributes $50 per month per represented employee.
Per the City's contract with VEBA, VEBA's consulting fee will be deducted from plan participant's accounts. These contributions shall be included on total compensation surveys. Specific information regarding the Plan is referenced in the Plan Document.
B. VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified unreimbursed medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for unreimbursed health insurance premiums, qualified long- term care insurance premiums, and other qualified unreimbursed medical expenses and will not be taxed under current state and federal law.
Withdrawals cannot be made for nonmedical purposes.
19. RETIREE MEDICAL REIMBURSEMENT BENEFIT
A. The Retiree Medical Reimbursement Benefit shall provide each employee who retires from the City with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium beginning with the second full month after retirement from City service and ending with the last full month before the retiree's sixty-fifth (65th) birthday. Starting in the month in which the retiree turns age sixty-five (65), the reimbursement will be for unreimbursed Medicare single retiree supplemental health insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in 2018, the City will reimburse an amount up to $343 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $205 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental health insurance premium. The amount of the City reimbursement will be adjusted thereafter once each year by the percentage change from October to October in the San Francisco-Oakland-San Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%.
B. Beginning in 2004, the City will pre-fund this benefit with an amount to be determined by an actuary.
C. Each retiree will be required to submit proof of health insurance coverage to the City each year. The City will pay the reimbursement in a lump sum payment each year.
20. EMPLOYEE ASSISTANCE PROGRAM
The City will provide a confidential Employee Assistance Program for represented employees.
21. CHANGES TO JOB DESCRIPTIONS
Should the City propose a change of the job description, or should the City propose a new job classification and job description, of any job classification represented herein, the City Manager or designee will provide a copy of that proposed job description to Unit 9 for its review and comment back at least ten (10) work days before it is scheduled to be presented to the City Council for adoption. If the proposed compensation control point of a new classification has been established, the City Manager will also provide that proposed compensation control point to Unit 9 for its comment. For a revision of an existing job description, Unit 9 may include a request that the City Manager review the existing compensation control point for the job classification if there has been a significant change in the duties, responsibilities, or safety hazards of the job classification. The City Manager will give consideration to Unit 9 comments, but the final decision on the job description and compensation control point that is submitted to the City Council for adoption will be made by the City Manager.
22. LIMITED/ALTERNATIVE DUTY
A. Alternate Work Schedule (Nine-Eighty Schedule)
A Miscellaneous Unclassified Management employee shall be eligible to work a 9/80 alternate work schedule according to the conditions, criteria, and requirements set forth in City Manager's Directive 71. Requests to work a 9/80 schedule shall be made through or by the Department Head to the City Manager. The City Manager must approve the schedule and the City Manager or Department Head (for employees other than Department Heads) may terminate the schedule at any time.
B. Job Related Illness or Injury
Employees with a job related illness or injury, covered by Workers' Compensation, which prohibits performance of their regular duties, will be reassigned to limited or alternative duty under the following conditions:
1) Supervisors shall be advised of any industrial injury/illness as soon as practical.
2) Upon receipt of a Doctor's report providing work limitations, the City may identify a regular or modified assignment for which the employee has the required experience and training. Such assignment may be on a 40 hour per week or less basis, if mutually agreed between the City and the employee.
3) If the City is unable to identify a limited or alternative duty assignment for which the employee has the required experience and training, the employee will be reassigned to a Monday through Friday work schedule to accommodate required medical or other workers' compensation commitments.
C. Non Job Related Illness, Injury or Condition
Employees who have a non-job related illness, injury or condition which
prohibits performance of the employee's regular duties, may request assignment to limited or alternative duty. Nothing in these provisions is intended to imply that an employee has a right to a limited/alternative duty assignment, unless expressly provided by law. Such request will be accommodated, unless no appropriate limited or alternative duty assignment is available, under the following conditions:
1) Identification by the City of a regular or modified assignment for which the employee has the essential experience and training. Such assignment may be on a 40 hour per week or less basis, if mutually agreed between the City and the employee.
2) Submission of a written release from employee's doctor, subject to review by the City doctor, which allows the employee to perform all of the duties of the contemplated assignment.
3) Employee may account for regular work schedule through a combination of limited or alternative duty hours and sick leave or other paid leave sufficient to maintain eligibility for regular accrual of benefits.
D. Work Week
Under both limited or alternative duty assignments employees will be required to work their regularly scheduled number of hours (normally forty (40) hours) per week, unless such assignment is modified by mutual agreement between the City and the employee. It is recognized that performance of limited or alternative duty assignments will not be permitted to interfere with any medically related treatment designed to assist the employee to return to full, unrestricted duty in the earliest possible time frame.
E. Temporary Assignment
All such assignments, and their duration, are temporary assignments and are subject to periodic sixty (60) day review of the employee's continued need for limited or alternative duty, the employee's continued ability to perform the
limited or alternative duty and the department's ability to continue the employee in the assignment. All temporary assignments shall be at the employee's regular rate of pay.
F. Law to Prevail
In the event the Americans With Disabilities Act requires modification of the provisions of this section, it is agreed that the law will prevail.
23. REDUCED WORK WEEK VOLUNTARY TIME OFF (VTO) PROGRAM
A. Employee Participation
Employee participation in this plan is with the City's understanding and agreement that employee participation is temporary and participation is not to be construed as a representation of employee commitment to a permanent program or an admission of any kind that the employee would not be harmed by such a plan becoming mandatory.
B. Reduced Work Week/Reduced Pay
Employees may request a reduced work week schedule (32 hours per week instead of 40 hours per week, for example) at the same hourly rate of pay, subject to the following conditions:
1) With the approval of the Department Head and the City Manager, a binding work schedule as requested by the employee will be developed that may be modified only with the approval of both the City and the employee.
2) More than a 20% reduction of the work week in a pay period will result in proportionate reduction of accrual of sick leave and vacation.
24. INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON
WORKERS' COMPENSATION
Workers authorized by the City's Workers' Compensation Administrator to undergo therapy or treatment due to an industrial injury, who are required to leave work, shall receive leave with pay, including reasonable travel time, providing the treatment falls within the normal working hours, is pre-scheduled and cannot be scheduled during non-work hours.
The City will continue payment toward health, dental and life insurance coverage for the employee and dependents up to the maximum amount allocated under total compensation for an employee who is disabled from work because of a work related injury if the employee is no longer in a paid status sufficient to continue the coverage afforded under the terms of the program, subject to the following conditions:
A. The employee may not increase the existing coverage after the date of injury except to add children born within nine months of the injury.
B. Continuation toward payment of empl oyee and dependent health/dental/life insurance coverage up to the maximum allocated under Total Compensation is limited to one (1) year from the date of injury. Continuation toward payment of employee health/dental/life insurance coverage up to the maximum allocated under Total Compensation may be extended if the employee continues to be on temporary disability status for a Workers' Compensation injury.
C. The employee has supplemented his/her workers' compensation benefit with sick leave, vacation, management leave or other paid leave sufficient to qualify for payment of the health/dental/life insurance premium and is no longer entitled to any salary from the City.
25. MANAGEMENT LEAVE PROGRAM
The Management Leave Program is as follows:
A. Effective January 1 of each year, represented employees will be credited with 120 hours of Management Leave per calendar year.
B. New hires or employees promoted into Unit 9 between January 1 and June 30 will be credited with 120 hours of Management Leave. New hires or
employees promoted into Unit 9 between July 1 and December 31 will be credited with 60 hours of Management Leave.
C. Use of Management Leave is subject to approval by the applicable Department Head, or the City Manager or his/her designee in the case of a Department Head request, taking into account the relevant circumstances including work/Department needs, staffing limitations, conflicts, timing of request, etc.
D. Management Leave may not be converted to cash or other paid time off.
E. Unused Management Leave may be carried over from one calendar year to the next; however, an employee may never have more than a balance of 180 hours of management leave, subject to Section 25.E.1-4 below. (Thus, and for example, an employee that already has 180 hours of management leave on January 1 would not receive any further management leave. An employee that already has 100 hours of management leave on January 1 would "only" receive an additional 80 hours. An employee with 60 or fewer hours of banked management leave on January 1 would receive 120 hours.)
1) For calendar year 2021, an employee may have up to a balance of 240 hours of management leave.
2) For calendar year 2022, an employee may have up to a balance of 240 hours of management leave.
3) For calendar year 2023, an employee may have up to a balance of 240 hours of management leave.
4) For calendar year 2024, an employee may have up to a balance of 240 hours of management leave.
5) Effective the first pay period of calendar year 2025, the terms of Section 25.E above shall apply, and an employee may have no more than a balance of 180 hours of management leave.
26. FLEXIBLE SPENDING PLAN (INTERNAL REVENUE CODE SECTION 125) The City will make available a Flexible Spending Plan under the Internal Revenue Code Section 125 for employees. Employees may contribute pretax (federal, state, FICA, Medicare) dollars for dependent care and qualified unreimbursed medical
expenses. This Plan will follow the regulations outlined by the Internal Revenue Code. Detailed information will be available in the Summary Plan Document.
The City will pay the administrative expenses for the plan. This Plan is voluntary and participating employees will pay the monthly participation cost.
The monthly participation cost will be considered pre-tax, as defined above, under Internal Revenue Code Section 106„ Participating employees will be provided with an Employee Plan Summary and regular statements regarding the status of their flexible spending accounts.
27. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents
and domestic partners, subject to the requirements of each benefit provider.
28. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per month or year but are paid for administrative purposes in incremental amounts each pay period, shall be the same total amount per year in years in which there are 27 pay periods instead of 26 pay periods. This clarification is not intended to and would not modify anyone's salary/rate of pay.
29. DECLARATION
The parties hereto have reached an understanding concerning the proposed salaries and fringe benefits described in the above paragraphs. All other matters dealing with wages, hours, fringe benefits including health and dental insurance contributions, and working conditions included in ordinances, resolutions, rules or regulations, or previous memorandums of understanding, shall remain unchanged for the term of this memorandum in the absence of agreement to the contrary.
30. NEXT MEMORANDUM OF UNDERSTANDING
Unit 9 will submit its proposals for a Memorandum of Understanding for the term commencing at the expiration of this Memorandum of Understanding no later than January 31, 2024.
of 32
FOR THE CI
TY OF SANTA CLARA FOR THE CITY OF SANTA CLARA
MISCELLANEOUS UNCLASSIFIED
EMPLOYEES
Aracely Azevedo Chris Jackson
Director of Human Resources President
Date: Date:
Marco Mercado Craig Johnson
Assistant Director of Human Resources Vice President
Date: Date:
Ashley Lancaster Carolyn McDowell
Human Resources Division Manager Treasurer
Date: Date:
Lee Hagan
S e c
r e t a r y
D a t e :
APPROVED:
Deanna J. Santana Date
City Manager
APPROVED BY THE CITY COUNCIL ON:
A TT
E S T :
City Clerk Date
Chris Jackson
Digitally signed by Chris Jackson
Date: 2020.12.16 12:55:47 -08'00'
craig johnson
Digitally signed by craig johnson
DN: C=US, [email protected], O=city of
santa clara, OU=building division, CN=craig johnson
Date: 2020.12.16 13:07:37-08'00'
Carolyn McDowell
Digitally signed by Carolyn
McDowell
Date: 2020.12.16 13:31:18 -08'00'
Lee Hagan
Digitally signed by Lee Hagan
Date: 2020.12.17 12:57:37 -08'00'
Aracely Azevedo
Digitally signed by Aracely
Azevedo
Date: 2021.01.06 10:07:14 -08'00'
Ashley Lancaster
Digitally signed by Ashley
Lancaster
Date: 2021.01.06 12:38:57 -08'00'
Marco Mercado
Digitally signed by Marco
Mercado
Date: 2021.01.08 09:12:31 -08'00'
Deanna J. Santana
Digitally signed by Deanna J.
Santana
Date: 2021.01.15 11:08:29 -08'00'
Nora Pimentel
Digitally signed by Nora
Pimentel
Date: 2021.01.29 17:10:15 -08'00'
November 17, 2020
APPENDIX A: MOBILE COMMUNICATION DEVICE PROGRAM
APPENDIX A: P DA/SMART PHONE STIPEND INFORMATION
Date:
To:
From:
Subject.:
City M ,ma~er' s Offic~
Interoffice Me mora nd um
April [5, 2014
Uni I 9 - Unclassified Miscellaueous Management Employees Julio Fuentes, City Manager
CeH Pl one.I: mu1·l1)hone Stlpend Progr.am for U1 it 9- Undas..sified MisceJlii n N111s Manag ement Emp1oyecs
Scop,e: This ce11 phone/smartphone stipend progrnm applies to members of Unit 9- Uttclassified Miscellaneous Management Empl.oyees. The sHpeud prognun is $80 pel· 111011th and was effective April 1. 2009.
Pn ,·pose: To e-sta'blish policies regal'ding the pmvision and us.age of City-owned cellular telepbone-s or sn-wrtphones (devices that have voice-. data and internet/web access capnbilities).
The City h~ determined that il is benefidat to have Unit 9 members accessible by pltone/data communications at all times. A Unit 9 emp]oyee can choose lo have a City~l.ssued cell phone, where the City pays for lhe Unit 9 employee's cell phone device ,md service plan through Cjty~ managed contracts with ceH providers, or they can choose to ieeei v,e a stipend in the amount of $80 pe,· month, whereby the Unit 9 employee will purchase and own their own oell phone/smartp.hone device and pay all service p1•ovidev ch,.irge,'>, or the Unil 9 employee can choose not to pa:rticipat·e in either of tfo:: above pl'ograms. umm~ry: This policy outlines and establishes eHglbilhy criteria for Unit 9 employoes w[shi1)g to receive tt monthly cell phone s1ipeud imd should be itead and understood in conjunction wilh CMD 1 .16-Use of City Resom1ces and Coufidt.'tlt ial Natnre, of foformation on Cit.y Equi.pmeut.
Ce1htlar Teleph0De/Sma11phone SU.pend Progr .am: Unit 9 employees may choose to recdve en $-80 a month stipend to purchase. main1ain, replace or repair their personal cen phone, and pay for any level of ceH phone service plan frorn any pt'Ov1der the employee may select. The $80 pe'J" month allowm1oe is !.!Qt intonded to cover the full cost of any paiticular cell phone device and/or cell phone se~·vice _plan. If.a Unit 9 employee wishes to pu1d)ase a oell phone/sma1.·1phone and connect to 1he City•s email sys.tem, they must confnm wilh the City's Infonmition Teclmology Depat1ment thal I.he device they wjsh to purchase can be com1ected to lhc City's Outlook email system. Not all c.eH phone devk.-es or service pl'ogrnms mny be compatible with I.he City's informaljon techDology ~')'$toms., Ifyou do ootdes 'l'e lo connectto tho City's email system, then any cell phone or service 1n·ovider could be selected.
To be eligible for the monthly stipend, the Unil 9 employee must provide the m .unnn Resou1'<:es Depal'tment with an active c-en phone number. His expected that the employee will respond lo wol'k~rcfoted calls nncl most cd1kal, actively monitor theii-phone during C~ly emotgency
Cell Phone Stipend Program for Unit 9 - Miscellaneous Unclassified Management Employees April 11, 2014
situations. If a Unit 9 employee purticipnting in the stipend program experiences a lost, stolen or damaged cell phone, it is expected that the employee will actively seek to have the device ,·eplaced or 1-epaired in a reasonable period of time in order to remain eligible for the monthly stipend (refor to CMD 116 for additional requirements if a phone is lost or stolen). The stipend program is focused only to the Unit 9 employ,e's personal cell phone or smartphone, and not to oilier cell phones that might be included under a shared or family plan that the employee may have w ith a oorvice provider.
If the Unit 9 employee changes their cell phone number for any reason, the Human Resources Depaitmcnt must be notified in the next work week of the new cell phone number. If an employee receiving a cell phone stipend chooses to no longer use n personal cell phone for any reason, the Human Resources Depm1ment should be notified immediately, and the stipend will be discontinued in the next Applicable pay period.
The stipend is paid at a nlle of$40 per pay period (with no payment on two of twenty-six pay periods nnnunlly). A Unit 9 employee starting employment or terminating employment in the middle of any month will receive one-half of the monthly stipend ($40). The stipend will couunence in the first applicable pay period alter the Unit 9 employee's request has been received, 1-eviewed and approved by the Human Resources Department. 11ic essential review oriterin nrc thtlt the employee is o rnembet· ofU,~it 9 Miscc llaneou& Management En1ployoos• Association, and that the employee has submitted a valid cell phone number as requested. The stipend is considered income lo the employee. and is subject to payroll withholding.
CMD 116: Use of City Resources/Non-Confidentinl Nature ofl nforrnntion 011 City Equipment :
TI1is CMD addresses key issues related to the ownership and usage of cell phone devices, and should always be read and understood in conjunction with this stipend policy. While il is generally the case that call 1'<-"COrds for a personally owned phone m-e not subject lo public records requests, the law in this m-ea can and does change. CMD J 16 advises that employees adhere 10 City policies related to public records and email retention. The City A11orney's Office should be consulted for advice and/or resolution of public records concerns.
C ity•l$3Ut:d Cell Phone Progl'am : A Unil 9cmploycc con choose to hnvc o City--owncd cell phone issued to them in lieu of a monthly stipend. Under this progmm, the lnformation Technology Department has responsibilily for the selection of cell phone devices and cell phone service providei·s. The City then maintains a record of an employee's cell phone number and usage information. Activity on City-owned oell phones is accessible as a public record. A Unit 9 employee cannot have a City-issued phone and a stipend. One or the other must be selected. If you currently have a City-issued cell phone aod wish to participate in the stipend program, yo11 will need to acquire a personal cell phone and service plan and then tum in your City-issued cell phone. Part of the rationale for this program is to decrease the number of City supplied/City supported cell phones through the use of a stipend program.
Cell Phone Stipend Program for Unit 9 - Miscellaneous Unclassllicd Management Employees April 11, 2014
Opt Out: A Unil 9 Miscellaneous Mnnogement employee can choose not to participate in either the cell phone stipcn<I progl'nm or the Cily-issucd cell phone program. If certain work nssignmcnts require llic use ofa cell phone 1h01 con be occomplishcd lhrough the temporary provision of o Cily-issucd cell phone through the duration of the assignment.
Cell Phone/Srnnrtphone Stipend Program Enrollment: A c11rrcnl Unit 9 employee con initially enroll in lhis slipcnd program by emailing the Human Resources Departmenl and rcqucsling parlicipation in lhc slipend program. You musl include your I 0-digil cell phone number in lhc email; therefore you must have a personal cell phone device und a sen•ice plan nc1iv111ed prior lo receiving a stipend. At that time the I luman Resources Department will send you n Cell Phone Stipend pocket and fon11, which you will need lo [ill Olli nml return 10 them.
Thcrcuficr, the llumun Resources Deportment will present the coll phone stipend enrollment opportunity 10 new Unit 9 employees through employee orientation. ~~
City Manager
The purpose of this Quick Reference Is to assist you In seulng up your Android phone to receive City of
Santa Clara email.
1. Complete the SmartPhone Authorization form Md
return to the Help Desk.
2. If you have contact or calendar items on your
Android phooe, you may lose them If you choogo
to sync wi th Outlook's contacts and/or Calendar.
Back up your Android phone so you can restore
them ir necessary.
3. Add your City email aocount to your Android phone.
~r;i::,,·\. :;cli~lJ~ Email Ad~;~;:(!i:::"' y-,:"'.:i
~ ··~. · - -.-: ': .,.: ,r .~~ ._., :r: ·.:~ ;~:;t,:.r>2 · . . .. :j
1. Go to Settings , and choose Acco unts.
2. Choose Add Account, then Corporate Sync.
3. Complete the fields as foliOWll (Thay may not
•P-In this exact order.)
Domain\Username: City or Elec.trlc-tor SVP
Employoos\username.
Password: Your current network password
Cheek Use secu re connection box.
Email Address :
Your city email address.
Server: lmail.santaclaraca.gov.
Once you set up !'()Ur City email account, you will be
required to enter a 4 digit passcode. You will be required to enter this passcode to unlock your screen Ir your
phone is unused ror 5 minutes. This lime can be
increased up to 15 minutes.
To change the pssscode,
1. Go to Settings then choose Location & Security.
3. Choose Change screen lock, then PIN.
4. Enter a new PIN.
Warning: You C8l'<10t tum off the Erase Data feature. If you have 8 failed passoode attempts, the data w\11 bG
erased from your phone.
To increase the sereeo lock timeout,
1. Go to Settings then choose Location & Security.
2. Choose Sec,rlty Lock Tfmor.
3. lncreas.e the lime.
The purpose of this Quick Reference is to assist you in setting up your iPhone to receive City ol Santa Cf.a.ra emall.
1. Complete the Smal1Phone Authorization fonm and
return 10 the Help Desk.
2. If you have contact or calendar item$ on your
iPhoo&, you may lose them If you choose to sync
with Outlook's contacts and/or calendar. Back up
your iPhone using iTunes so you can rest0<• them If
necessary.
3. Add your Cl\y email account to your iPhono.
;·~\,;.,: . •. "•~:t!; E~iJiA~~b:~T:;: '"
1. Choose Settings from the iPhone menu.
2. Choose Mail, Contacts,
Calender.
3. Choose Add Account, then
Microsoft Exchange.
4. Complete the ilelds r..=;;;;--,=..--:::;;;;;lrJJ
as follows: ,.,.,,,,
Email: your email
address.
Domain: CUy or l:loclric
for SVP Employees
Usernaine: Your network
login id.
Password: Your current
netwo<k password
The screen lo Iha right
appears with Se,ver field
added. It shouki be:
im:»tsantaclaraca.gov.
6. Choose lo tum on
Mall, Contacts, and/
or Calendars.
l £mall 1$1.0-1,-anilfll!l:itl:mic~.p
[';;~;"_;' ;; .. ~: .... ~.~-'
·~:;.t._•J -.,-,n,•" ·~-L~·-3:,_r_:,~~
Oom•ln Citv I
U&01nomo lsle-N;n1
Cele11da,. r I o.® 1
1. Choose Sett1n·gs from the iPhone menu.
2. Choose General, then Passcoda Lock.
3. From here you can change your passood"e, change
how qulcl<ly the passooda is required, and whether
or not you want SMS Preview (text messaging
preview) to be on.
Warning: You cannot tum off the Erase Data feature. If
you have 8 failed passcode allempts, the data will be
erased from your phone.
7. Choose Done.
8. After you choose ON for Contacts or Calendars, you
will be prompte<I lo delete or add your local (iPhone)
contacts to Outlook.
9. You will be required to enter a
4 digit Passcode. You will be
prompted to enter your
pasacode W you leave your
iPhone idle fOf 5 minutes.
1/28/2010
i:~i~if?L~~~t~.:iii~~~Ef~~~!~J1i:;~\:'.!it;:·~{~/~
The purpooe of this Quick Reference Is to assist you In setting up your Windows Mobile device to receive
City of Santa Clara email.
1. Comp&ete the SmartPhone Authorization form and
return to the Help Desk,
2. Set UP your phone to sync with ttle City's Exchange
Server using AotlueSync.
c.::" ·n :;;":"'cc'.";::'" -~:--::' . ... ·~•;• c;,; ,., ;; t?·c:· , .. :,;,:,:- Setup __ Exchange Serv!!r,, "'' ,.._ ,.,, ;--.•-:.:.·-~·,-.:. ·:•· -~ \;. ,.;,·;: .. ·'"\:-·
1. From the Programs menu, choose Ac-tiveSync.
2. If it is the first time you have used your Windows
Mobile phone, you will be shown the following
prompt:
To sync wllh a deskfop computer, Ins/ell
ActiveSync on your computer and than conneCI
this device.
If your company supports syncing directly
with /Is Exchenge Server yo,,, C"1> ill.!!Q
your device to sync with It.
Cllcl< the set up your device to sync with It link.
Th/$ wills/wt the process for connecting your device
lo Iha City's exchange server.
Note: The City supports syncing directly wltl, Its
Exchange Server. The City does NOT support
syncing with 8 desktop computer.
If you have already synced your device to anolher
source, ch00$$ Menu, Add Server Source.
3. In the Server address field, type
lmall.santaclaraca.gov.
4. Check the box for This server requires an
encrypted (SSL) connection.
5. CIiek Ne,ct.
Quick Reference 4.3
~ •t lNilsthtumo4,n.,OJ:bGk'lhb
A«u, s$1wr aM.ett.
~ JH, Sl!rYN rtQ•JhH M MCO-J)ted (551.)
-
6. Complete the fields as follows:
Usorname: Your network. login id.
Password: Your network password.
Domain: City or Electric for SVP employees.
7. Cf,ck the Save password check box.
'
•••••••••••
Dornon: I c11y
0 5',ye passw~,.-d-------~
(~ed for automatic sync.)
,----,---,- .-,
Advanced. .•
8. Choose NoX1.
9. Check the boxes next to the data you would like lo
synchront?e with your City's Outlook account.
10. Click Finish.
10/22/2009
AOMINISTRATrYE CODE CMO NUMBER 116
CITY MANAGER'S OIRECTrYE.f'ROCEDURE
SUBJECT:
PURPOSE:
POLICY AS TO CfTY•OWt,JEO
OR ISSUED DEVICES:
CANCELS: N0vtrnbtt 22, 2008
USE Of CITY RESOURllS, ANO NOii-CONFiDENTIAL l'IA TIJRE Of
INFORMATION ON CITY EQUIPMENT
I. The prir>ary purpose of this CMO is to info111 all mployees that City ~ ipraent and systens, and City work locations, as defined hereill, are the sole property of the City, and with a few o inor noted exceptjons, are to be used for City business oriy. This policy applies to City-owned and issued devices and the use of City network or syste11s using City - owned and private devices, including but not lilit ed to Snartphones.
2. Another purpose of this CMO is to infor11 all City enployees that private or personal d0C1J11ents, written raessages, electronic 11essages (including text oess.ages, enails, etc.), oaterials, infomation, or files placed in or on City ~ ipraent are not private or confidential and 11ay be reviewed to ascertail whether such co1111unications constitute City busiie:ss. As such, e11ployees should not have arry expectation of privacy or confidentiality in any of these circu11stances. Tiws CMO does not apply to the confidentiality of persoooel records oaintained by the Hinan Resources Oepartnent or the Finance Departraent, or the confidentiality of business and related ite11s within the depart11ent where the eraployee works.
City equipf'lent and systeras, and City work loc.1tions, are the sole property of the City and, with 11inor exceptions (as noted below in lte11 No. 4 under Supervisor and Oepartnent Head Responsibility and Action), are to be used for City business oriy.
City enployees are hereby inforraed that private or personal docuraents, written 11essages, electro.-.C oessages (ineb:ling text oessages, e11ails, etcJ, o aterials, infomation or files, placed in or on City equipraent are not private or confidential.
E11ployees should not ha\-e any expectation of privacy or conficlentiafity in arry of these circu11stances.
ln order to conduct City busir.ess, including responding to the Aeeds of citizens and staff, City 11anagenent and City enployees, when directed. 11ay need to access City work loc.1tion:s and ~ ipnent of any enployee who is absent or unavailable. Access to the work locations and ~ ipraent 11ay also be necessary Plf(" 1 ot &
POLICY AS TO PRIVATE
DEVICES:
CMD HUMBER 116
for purposes of 11onitoring enplo,-ee work perfor11ance and conduct. Under existing provisions of 1he law, the City reserves the right to 11onitor the use of City equiP'Jent for any reason, including the right to review, audit and disclcse all 11atters sent over or stored in City locations or equipraent systens to ensure that uses are in ('()Rpliance with all laws including copyright laws and City policies. including the City Code of Ethics & Values.
Only City approved and authorized Sraartphone devices are per11itted to access any City netvrortc or systens. The appro\'ed list of devices is 11aintained by lnfonutio n Technology (IT) and lisled on the S,u rtphone Access Authorization Forn (forn available fror, IT llelpOe.k).
A user who connects to City netwuks via an authorized Sr1artphone device or service Bust ensure that all co11porents of his/her wireless connection renain as secure as his/her network access. ~II S11artphones and conDeetions to any City networic or systems shall be used to conduct City business and utilized appropriately, 1esponsibly and ethically. All authorired Sr1artphone device and service users shall, without exoeplKHl. use secure rel'IOte access pJOcedures.
Enforcer1ent of this provision will be by device passwords in accordance with tile City's password policy.
Prior to initial use or connection to City networks or systeris, authorized S11artphone devices, sohware and related services o ust be registered with IT.
City eraployees, contractors. or •as needed" staff in possession of an authorized S11artphone device shall not 11ake n odificatiollS of any kind to the device, its software, and/or service that 11ay p:otentially co11pronise the integrity of City netv10rb or systens, without the e(press written approval of IT. Tiis includes, but is not f111ited to, split tunneli1g. dual honing, non-standard hardware or security configurations, etc.
Users are advised that applicab.le law related to public ,ecords 11ay require the productKl:n of certain records on pri\'ate devices. Users are advised to adhere to City CMD's related to public records and e11ail retention to avoid the potential disclosure of inforr1ation frc:n their J)fivate devices, particularly those users that recei\oe a stipend for private devices.
W-nh respect to Public Safety Offuers, it is intended that this CMO be read together with the Public Safety Offic,rs Procedural Bill of Rights.
P.a,e2ol 6
DEFINITIONS:
RESPONSIBILITY:
Depart11ent Heads &
Supervisors
CMD NUMBER 116
•t itv equipnent and systens, and City work locatKlns· is defined herein to incktde, but not be lilited to, the following itens whether they be owned, bought, used, paid for, leased, bom:iwed, or gi\oen to areas and the City: Work spaces, desks, lockers, City vehicles and equip11ent, co11puter and video equipnent, printers, copiers, supplies, telephones, 11obile data terninals, fax ruchines, radios, enail, text o es.s:ages, other 11ail and electronic raessaging services, voice raait and lnternelt services tas assigned, including chats, newsgroups, and Internet enail), or any files
•t itv business· includes, but is not fi11ited to, conducting the business of the City of Santa Clara and l"IOnitoring enplovee work perfornance and conduct. 'OIi-Duty tile' indudes enployee 'ti11e before and alter work slilt, lunch (or 11eal period breaks), and approved vacation/other leave tile. •sraartphone'"' 11eans a 11obile handhdd device with advanced features fike e--nail and lnternet capabilities.
ACTION
1. Authorize issuance and discourage 11isu.se of City ec,,iipraent, work locations, and Snartphone devices. Appro\oe replaceraent of lost, stolen or danaged City-owned devices. Replacenent costs will be charged to the user's depart11ent, which is then responsible for handling rei11burse11ent of City funds with said user. Replaceraent and Maintenance costs for any personal· owned devices are the sole responsibility of the enployee.
2. Understand that the City's security sohware for the Internet raay record for ru nagenent use the Internet address or site visited by the e11ployee and keep record of any network activity in which the e11plo\-ee transnits or receives any kind of file; the deletion of a 11essage or file fro11 so11e electronic syste11s 11ay not fulfy efi11inate the o essage fro11 the syste11.
3. Understand that •any writing containilg infomation related to the conduct of the publjc's business, prepared, owned, used or retained by any state or local agency regardless of physical fom or characteristjcs" (Goverrnent Code SectKln 6252) and under sorae cirw11stances, C01111unications sent by enail, o ay be subject to disclosure under the Public Records Act or litigat»n
4. Notwithstanding stateraents ii the CMD to the contrary, occasional use of City equipraent by an eraployee during off..:luty ti11e, i➔e., typing of a personal letter during the kmch period, o:r use of a telephone for urgent reasons (see CMO 78), o ay be granted frcn ti11e to ti11e at the discretion of and upon the Plf("3 ot &
All Erlplov,es/Users
CMD NUMBER 116
approval of the llepartraent Head.
5. In addition, uses by City enployees, during off-duty 1i""', of specific City equip11ent 11ay also be allowed where certain fees for u~ of this equiinent have been established (i.e., 11ini-tal copying, or use of a r.ax ,nchine, etcJ.
6. Managers and supervisors who are authorized to serve as officers of a professional society and/or association in accordance with CMD 49, and who have authorized use of City resources in accordance with the provisions of that CMO, should not have expectations of privacy i0r confidentiality of inforraation or files pla:ced on City equllflent.
7. Becoroe inforned and co11ply wi1h the policies of this CMO.
8. Do not use City equipr1ent, work locations. or authon-ized ac:cess to City networks or syste11s i11properly. lnproper use includes any personal use for convenience or profit playing of garaes, or use to convey derogatory, deta11atory, obscene, <ir otherwise inaJ)J)fopriate actions or 11e.ssages or any inforraation unrelated 10 City business. Personal ,n it packages, or catalogs shoold not be receNed or sent using a 11unicipal address.
9. E11ployees shall take reasonable 11easures to safeguard City property and systens to prevent loss or daraage. In the event any City-owned or issued device or privately-owned Snanphone is lost or stolen, or the occurrence of any incident or suspected incident of unauthorized access and/or disclosure of City resources, the user shall immediately report such to t.s/her supervisor and 1he IT Help Desk. Service will be i1111ediately terninated.
Users should i111ediately rei,4rt to his/her supervisor and 1he IT Help Desk if the device is recovered. IT will work with the user to restore service as quickly as possible.
ID. The provisions of this. CMO also aJllllv to enplo1·ee use of non-City issued eqiipru:nt and systens brought into work locations and used for City business. Ertployee:s: utiflzing non City-issued equipnent assu11e responsibility for the repair or replace11ent of such equipr1ent, including Sraartphones.
11. Nothing in this CMO is intended to or shall be cons1rued as affeciing the duty and obligation of City e11plo\'ees to n aintain 1he confiden1iafity of City docu11ents and infor11;ation which the e11plo)-ee has access to through his or her e11ploynent wi1h 1he City. It is also 001 intended to nor shall it be construed as granting access to non-City e11plo;·ees to otherwise confidential City docuraents and infom ation.
IT Depart11ent:
CMD NUMBER 116
12. E11ployees should understand that the City's ...,, ,ity sohware lor the Internet n ay record for o anagenent use the Internet address or site visited by the enployee and keep a record of any network activity in which the enployee trans11its or receives any kind of files. Any records transniitted or received are recorded and stored in an archive file; defetjon of a oes&age or file frcn sorae electro.-.C syste11s n ay not fulfy efiniinate the oes.sage fro11 the systm .
13. Understand that •any writing containilg infomation irelated to the conduct of the publjc's business, prepared, owned, used or re1aiDed by any state or local agency regardless of physical lof!I or characteristics· IGoverrnent Code SectKln 62512) and under sorae cirwnistances, cmraunications sent by enail, nay be subject to disclosure under the Public Records Act or litigat»n.
14. E11ployees should understand that the City's network .allows Managenent to access enployee passwords. Upon request, enployees shall provide their systens pas.swords to their Oepartoent Head to allov, access to al files and systens in the eniployee's absence or as required➔ lrockers, deslcs, files or other sewred City ~ ipnent, systens, or work kocat»ns, n ay also be accessed by the City.
15. E11ployees shall not knowingly use City equipnient or syste11s, or City work locations, to download or distribute pirated sohware or data, or to violate Penal Code Section 502, applicable federal laws, City poficies, rules and regulations, including the City's Code of Ethics & Values. Er,ployees shall not use the City's equipraent, systeras or work kocat»ns to disrupt or destroy the City's progran systens, nor shall they atterapt to dis.able any security systeni.
16. Violation of this poljcy, through direct act»n on the part of the enployee, or through carele:ssr.ess or r.e,gligence, nay result in fornal disciplinary act»n. up to and including ternination.
17. Urwt 9 e11ployees: should understand that Snartphome devices they obtain through the assistance of an allowance prograni are considered personal devices and are under the ownership of the eraployee. All service, o aintenance. and replacenent costs are the responsibility of the eraployee.
18. IT reserves the right to ter11inate without notice any authorized Snartphone device, service and acces.s to City network or syste111 that niay result in a potential sewrity risk to City network systens, data, users, residents and!or other City as.sets and resources.
19. IT reserves the right to perfor11 a re11ote wipe of a user's Snartphone, Pl~5 ot &
CMD NUMBER 116
erasing all data and contents, if there is a reasonable belief that the device has been co11prcnised and/or poses a potential security risk to City network systens, data, users, residents and/or other City assets and resources.
20. IT will provide Riniru l SUJlllOrt for privately-owned approV!d and authorized Snartphone devices. This support is fi11ited to basic doctnentation to enable the user to connect the device to City networks and svste11s, and basic troubleshooting to deternine if arry connection problens are on the Citv side or outside of the Cil'('s control. All addi1ional 1echnical and funct;on questions/is.sues shall be the responsibility of the user.
Oues:tions regarding this CMD raay be addressed to the City's Director of Hu11an Resources.
C,oss Refe,ence:
CMO 3 · Overnighl Use of Cily Vehicles
CMD 31 • Transaction of Personal Business During Working Hours CMD 49 • Me11bership in Profes.siollal Societies and Associations CMO 78 • Personal Use ol Ci1y Telephones
Ci1y Code of E1hics & Values (AttachRen110 CMO 67, Gills & Favors to Individuals!
301447.14
EXHIBIT C
Severance and Release Agreement
301447.14
SEVERANCE AND RELEASE AGREEMENT
This severance agreement is made and entered into on ________________, by the City of Santa Clara ("City") and Jovan D. Grogan ("Mr. Grogan"). The City and Mr. Grogan may be referred to collectively throughout this agreement as "the Parties." The effective date of this Agreement shall be the date of the signature of the last of the Parties to sign this Agreement.
RECITALS
WHEREAS on or around MONTH__, 2023, Mr. Grogan began their employment with the City as the City Manager;
WHEREAS on or around MONTH__, 2023, the City Council approved an employment agreement ("Employment Agreement") with Mr. Grogan;
WHEREAS Mr. Grogan holds an at-will position under the City Charter, and serves at the pleasure of the City Council;
WHEREAS Sections 1 and 6 of the Employment Agreement permits the City Council to terminate Mr. Grogan’s employment at any time subject to certain conditions; WHEREAS the City Council has determined it appropriate to exercise the right under Section 6 of the Employment Agreement to terminate Mr. Grogan’s employment; WHEREAS it is the intention of the parties in entering into this Agreement to amicably conclude the Employee’s employment relationship with the City effective____________ ( insert date) ("Separation Date") and consistent with the terms of the Employment Agreement; and, WHEREAS the Parties enter into this Agreement in order to implement S ubsection 6.1 of the Employment Agreement and ensure a smooth transition of City leadership.
NOW, THEREFORE, in consideration of the promises and mutual obligations of the Parties, the sufficiency of which is hereby acknowledged, the Parties hereby covenant and agree wit h each other as follows:
TERMS AND CONDITIONS
1. Incorporation of Recitals. The Recitals are incorporated herein by reference as though fully set forth herein.
2. Return of Documents. Mr. Grogan agrees and represents that no later than _________ (insert date), they will return to the City all City property of which they have possession, custody or control, including, but not limited to, computer, electronic and telephonic equipment, as well as all City data and documents whether in hard copy or maintained on any electronic media.
-
-
301447.14
3. Non-Disclosure of Confidential Information. The Parties acknowledge that as City Manager Mr. Grogan is a high-ranking official and an officer of the City; in that capacity they were and are responsible for, among other things, executing and enforcing all laws, and policies of the City and administering the City’s affairs, controlling and administering the City’s financial affairs and supervising purchasing, contracting, and confidential information. Consistent with their Employment Agreement and the City Charter, Mr.
Grogan represents and agrees that they have not and shall not at any time or in any manner, either directly or indirectly, whether or not for compensation use, divulge, disclose or communicate to any person, firm, corporation or any other entity in any manner whatsoever any confidential information concerning any matters affecting or relating to the business of the City except with the express written permission of the City or as required by court order or properly-issued subpoena. Such information includes but is not limited to, any attorney-client communications and attorney work product, or any of the information concerning the business of the City, its manner of operation, its plans, or other proprietary data where such information is not publicly known and is not otherwise subject to public inspection or disclosure.
4. Defense and Indemnity. Consistent with their Employment Agreement and the City Charter, in accordance with the obligations imposed under Government Code sections 800 and 910, the City shall defend and indemnify Mr. Grogan for any actions that result from work performed in the course and scope of their duties as the City Manager for the City of Santa Clara.
5. Information Regarding Employment. Subject to any applicable law, the City agrees that all inquiries with respect to Mr. Grogan’s separation will be referred to the Mayor who will provide only the following information: (a) the date of hire and date of separation; (b) that this is a mutual and amicable separation based on a mutual desire to separate Mr. Grogan from his employment and provide a smooth leadership transition.
6. Personnel File Documents. No documents shall be entered into Mr. Grogan’s personnel file after the effective date of this agreement without both parties approving the entry of the document.
7. Release of Claims. Except for the rights and obligations created by this Agreement, Mr.
Grogan, on behalf of themself, their agents, representatives, attorneys, assignees, heirs, executors, administrators and successors in interest, hereby releases and forever discharges the City and all of its past, present and future Councils, agencies, divisions, and departments, as well as each of their respective former, current and future directors, department heads, supervisors, Managers, employees, attorneys, elected and appointed officials, Councilmembers, City Managers, and any and all of them (all of the above collectively, the "City Released Parties"), to the extent permitted by law, from any and all liability, actions, causes of action, claims, charges, complaints, demands, grievances, obligations, losses, damages, injuries and legal responsibilities, of any type whatsoever, whether known or unknown, unforeseen, unanticipated, unsuspected or latent, which Mr.
Grogan ever had or held, now has or holds or hereafter can, shall or may have or hold against the City Released Parties, based on any claims or occurrences arising prior to the Effective Date of this Agreement (collectively, "Released Claims"). The Released Claims defined in the immediately preceding sentence and released herein by Mr.
301447.14
Grogan as to the City Released Parties include, without limitation, all claims based upon, relating to or arising out of Mr. Grogan’s employment with the City, and/or the discontinuation of said employment, all claims in law, equity, contract and tort, and all claims under the California Constitution, California Civil Code, California Labor Code, California Code of Regulations, California Government Code, California Business & Professions Code, California Fair Employment and Housing Act, California Family Rights Act, the California Workers' Compensation Act, the Fair Labor Standards Act, the Equal Pay Act, National Labor Relations Act, Labor Management Relations Act, Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1·964, as amended, Civil Rights Act of 1991, Americans with Disabilities Act, as amended, the Rehabilitation Act, Executive Order 11246, Family and Medical Leave Act, Sarbanes-Oxley Act of 2002, Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, Age Discrimination in Employment Act (ADEA), the Code of Federal Regulations, and all claims under any other federal, state, municipal or other governmental statute, regulation, ordinance or order.
8. Mr. Grogan specifically and expressly waives all rights under the provisions of Section 1542 of the Civil Code of California ("Section 1542 Waiver") with respect to the Released Claims. Section 1542 Waiver provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
Thus, for the purposes of making a complete settlement of the Released Claims which Mr. Grogan may have or claims to have against the City Released Parties, Mr. Grogan waives and releases any and all Released Claims against the City Released Parties, including Released Claims which are unknown and unsuspected as of the Effective Date of this Agreement. Mr. Grogan warrants that they have read this Agreement, including the Section 1542 Waiver, and have had an opportunity to consult with counsel of their own choosing about this Agreement and specifically about the Section 1542 Waiver, and that they understand this Agreement and the Section 1542 Waiver. Mr. Grogan acknowledges that they may later discover facts different from or in addition to those now known or believed to be true regarding the matters released or described in this Agreement, and even so they agree that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Mr. Grogan assumes any and all risk of any mistake in connection with the facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now known to them relating thereto. Mr. Grogan agrees, to the fullest extent permitted by law, that they will not initiate or file a lawsuit or internal City proceeding to assert any Released Claims. If any such action is brought, this Agreement will constitute an Affirmative Defense thereto, and the City shall be entitled to recover reasonable costs and attorneys' fees incurred in defending against any Released Claim.
301447.14
9. Mr. Grogan acknowledges that they have not heretofore assigned or transferred to or purported to assign or transfer to any person or entity the Released claims or any part or portion thereof, and agrees to indemnify and hold harmless the City Released Parties from and against any claim, demand, controversy, damage, debt, liability, account, reckoning, obligation, cost, expense, lien, action or cause of action (including the payment of attorneys' fees and costs actually incurred whether or not litigation commenced) based on, in connection with, or arising out of any assignment or transfer or claimed assignment or transfer thereof.
10. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the Parties with respect to the separation of Mr. Grogan’s employment relationship with the City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not contained in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
11. Applicable Law and Venue. This Agreement shall be interpreted according to the laws of the State of California. Venue of any action regarding this Agreement shall be in the Santa Clara County Superior Court.
12. Modification. Any modification of this Agreement shall be effective only if it is in writing and signing by all parties to this Agreement.
13. Severability. If any part of this Agreement is determined to be invalid, unlawful, or unenforceable, that part shall not be deemed to be part of this Agreement.
14. Legal Advice and Voluntary Execution. Each Party represents and warrants that it:
(a) had the opportunity to obtain legal advice from legal counsel of its choice before entering into this Agreement, (b) has read the contents of this Agreement; (c) fully understands the terms and consequences of this Agreement; (d) enters this Agreement voluntarily; and (e) shall not deny the validity of this Agreement on the grounds that it did not have advice of counsel or did not voluntarily and knowingly enter into this Agreement and agree to each of its terms.
15. Full Execution Authority. Each Party executing this Agreement warrants and represents that it or they have full authority to bind the corresponding Party to this Agreement.
16. No Admissions. By entering into this Agreement, the City Released Parties do not admit that they have engaged in, or are now engaging in, any unlawful conduct or employment practice. It is understood and agreed that this Agreement is not an admission of liability, and that the City specifically denies liability related in any manner to Mr. Grogan’s employment. The Parties agree that it is their mutual intention that neither this Agreement nor any terms hereof shall be admissible in any other or future proceedings against the City, except a proceeding to enforce this Agreement.
301447.14
17. Acknowledgment of Payment of Compensation/Benefits. Mr. Grogan acknowledges and affirms that they have been paid any and all compensation to which they are entitled pursuant to the terms of the Employment Agreement.
18. Tax Consequences. The City has made no representation about and takes no position on the tax consequences of this Agreement. A dispute regarding the tax status of this Agreement shall not affect the validity of this Agreement. Mr. Grogan has had an opportunity to discuss the potential tax consequences of this Agreement with their own counsel and agrees to indemnify and hold harmless the City from any and all costs and assessments including, but not limited to delinquent taxes, penalties and/or assessments levied against the City in connection with this Agreement.
19. Older Workers' Benefits Protection Act. It is the intention of the Parties that the releases contained in this Agreement apply to all claims of any kind against the City. In order to comply with the Older Workers' Benefits Protection Act (29 U.S.C. § 626(f)) and effectuate the release by Mr. Grogan of any potential claims under the federal Age Discrimination in Employment Act, Mr. Grogan agrees as follows: (i) they have carefully reviewed the foregoing Agreement, and understands the terms and conditions it contains; (ii) by entering into this Agreement they are giving up potentially valuable legal rights, and they intend to be bound by all the terms and conditions set forth herein; (iii) they are entering into this Agreement freely, knowingly, and voluntarily; (iv) they have been advised of their right to at least twenty-one (21) days to consider whether to agree to the terms and conditions set forth herein; and (v) for a seven (7) day period following their execution of this Agreement they may revoke this Agreement by delivering a written revocation to City, and this Agreement shall not become effective nor enforceable until the revocation period has expired.
THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT AND ACCEPT AND
AGREE TO THE PROVISIONS CONTAINED HEREIN, AND HEREBY EXECUTE IT,
KNOWINGLY AND VOLUNTARILY AND WITH FULL UNDERSTANDING OF ITS CONSEQUENCES.
___________________________
Name:
Title:
City of Santa Clara
Date: ______________________
___________________________
Jovan D. Grogan
Date: ______________________
Approved as to Form and Legality:
___________________________
Name:
City Attorney
Date: ______________________
___________________________
Name:
Attorney for Jovan D. Grogan
Date: ______________________
301447.14
EXHIBI
T D
City Manager’s Directive 028 Travel Policy
City Manager’s Directive 028
Travel Policy
CMD 028 Page 1 of 12 DATE: July 1, 2022
CANCELS: June 19, 1997
POLICY The City of Santa Clara (the “City”) expects to pay all reasonable costs incurred by City employees traveling on approved City business; and City employees are expected to use sound fiscal stewardship when expending public funds, and to travel in the most logical and least expensive manner possible.
PURPOSE The purpose of this Travel Policy (the “Policy”) is to define the City’s expectations of its employees who travel in connection with their work responsibilities and to clarify which expenses the City will fund and which expenses are considered the personal responsibility of the traveler. This policy is not intended to cover short trips during work hours made by employees in the course of their regularly assigned work duties.
Local Travel Local travel is travel necessary to conduct official City business and is performed by the most direct route within and adjacent to an employee’s official worksite. Local travel is defined as less than 50 miles from the employee’ s home or place of business, whichever is the shortest distance. Comp ensation shall be based upon the number of miles between the trav el destination and either the employee’s designated work location or residence, whichever is the shortest distance. The City will not pay for lodg ing or per diem meal expenses related to local travel as defined above. The City will pay for transportation and parking costs related to the local travel.
Employees can settle their allowable local travel expenses through the petty cash reimbursement process if the request is less than the petty cash limit at the time of reimbursement. Requests larger than the petty cash limit require an accounts payable request for payment.
Conference
and Meeting
Attendance
City employees shall be authorized to join professional and public organizations and attend the meetings and conferences held by such organizations subject to adequate budget appropriations and adherence to this policy.
General
Procedures
and Guidelines
The Policy shall be reviewed annually by the City Auditor’s Office to ensure its consistency with respect to the City's objectives and any modifications must be approved by the City Manager.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 2 of 12
CANCELS: June 19, 1997
Travel
Authorization
A. City Manager Pre-Travel Authorization Form Required.
City Manager (or designee) authorization is required in advance of travel or the commitment of City funds for the following:
Travel by Department Directors
Out-of-State travel by any staff
Any exception to this policy
Authorization shall be sought via submittal of a Pre-Travel Authorization Form (Attachment A).
B. Department Director Pr e-Travel Authorization Form
Required.
In-state, overnight travel requires the approval of a
Department Director via submittal of a Pre-Travel
Authorization Form in advance of travel and the commitment of City funds.
C. Department Director or Designated Supervisor
Authorization Required.
A pre-travel authorization form is not required for local travel as defined above, where meal reimbursement, overnight or out-of-state travel is not concerned. Employees are required to obtain approval from their supervisor prior to any business travel for which the City is expected to pay for mileage, bridge tolls and/or parking. This approval can be via email, with a copy of email approval submitted with travel costs. Itemized receipts are necessary to receive reimbursement for all expenses whether through petty cash or accounts payable request for payment. An employee may not approve their own travel documentation under any circumstances.
Travel
Arrangements
Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. Registration for conferences and training shall be made far enough in advance to take advanta
ge of earl y (discounted) fees, and to avoid late
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 3 of 12
CANCELS: June 19, 1997
registration fees. If travel arran gements must be cancelled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent t he City from incurring unnecessary costs when possible.
At the Department Director’s discretion, one or more persons may be designated as a Travel Coordinator and be assigned
responsibility for making travel arrangements for all business travelers within a department. It is the City’s preference that all travel be booked by designated Travel Coordinators using their City Procurement Cards to secure travel arrangements ahead of all travel. Individual travelers may make their own travel arrangements with their personal credit cards and be reimbursed if it is not feasible for a travel coordinator to do so.
Transportation Travelers shall use whatever mode of transportation is the most reasonable and least expensive. W hen planning the transportation portion of a trip, the em ployee shall consider all aspects of cost to the City including daily expenses, overtime, lost work time as well as actual transportation costs.
Use of a mode of transportation ot her than the most reasonable and least expensive must be documented and have advance approval from the employee’s Department Director. The City will pay only the cost of the most reasonable and l east expensive mode. If the mode of transportation is determined to be a City vehicle, the traveler shall comply with the City Manager’s Directive (CMD) 21 Use and Maintenance of City Vehicles Incl uding General Government/Public Works Pool Vehicles. The difference between the selected mode and the least expensive mode shall be documented and considered the employee’s personal expense at the time of travel authorization.
This paragraph does not apply to s pecial accommodations made to qualified employees under the Am ericans with Disabilities Act provided that the alternate mode of transportation is approved in advance.
A. Air Travel.
Employees shall not limit their air travel options by specifying an airline. The airline offering the lowest fare for a reasonable route shall be selected.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 4 of 12
CANCELS: June 19, 1997
B. Use of Personal Vehicle.
With the exception of empl oyees who have been assigned a City vehicle or who receive a car allowance,
employees shall
be compensated for the use of their private vehicles for business travel at the current IRS standard mileage rate, provided that it is the most reasonable and least expensive method of transportation. Compensation shall be based upon the number of miles between the tr avel destination and either the employee’s designated work location or residence,
whichever is the shortest distance.
Employees that receive a car allowance and are required to travel greater than 50 miles from their work location or residence, whichever is the shortest distance, are eligible to be compensated for the use of their private vehicle for business travel at the current IRS standard mileage rate for miles traveled over 50 each way of the trip (e.g. if travel destination is 80 miles from the work location and 70 miles from the residence, then the employee will receive
reimbursement for 20 miles (70-50=20)).
Employees who do not receive a car allowance may also be compensated at the current IRS standard mileage rate for the use of their private vehicles for routine travel on City business between City facilities or to other locations in Santa Clara or the adjoining communities. Co mpensation shall be based upon the number of m iles between the travel destination and either the employee’s designat ed work location or residence, whichever is the shortest di stance. Employees must keep a log of such routine travel us ing the Mileage Reimbursement Log (Attachment C). Expense re imbursements for this type of mileage must be submitted monthly.
The City will reimburse all expense s, such as bridge tolls and parking fees, incurred as the result of an employee’s
authorized use of a vehicle while traveling on City business.
Employees requesting reimburse ment for the payment of
such expenses shall obtain it emized receipts and submit them as pa
rt of their travel expenses on the Travel Expense
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 5 of 12
CANCELS: June 19, 1997
Form. Also, whenever possible, employees attending the
same event shall travel together to minimize expenses.
To drive a City or privately-owned vehicle on City business an employee must possess a valid Ca lifornia driver’s license. An owner/driver of a privatel y-owned vehicle used for City business must carry adequate liabi lity insurance coverage in accordance with applicable State law, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
In addition, the employee shall charge any additional
personal time spent outside of the normal reasonable travel time during normal work hours to vacation or a similar leave.
C. Train and Other Mass Transit.
Employees shall be compensated for train or other mass
transit fares and fees provided that it is the most logical and least expensive method of travel to the conference,
conference related events, or meeting site. Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee. In addition, the employee shall charge any
additional personal time spent outside of the normal
reasonable travel time during normal work hours to vacation or a similar leave.
D. Ground Transportation at Destination.
Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses or local shuttle services, if available. Taxi or ride-share (Uber/Lyft) service shall be used only when no other convenient, less costly mode of transportation is available for the employee to travel to the conference, conference related events, or meeting site.
Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 6 of 12
CANCELS: June 19, 1997
E. Rental Vehicles.
Rental vehicles shall be used only when no other mode of transportation is available or when alternate transportation would be more expensive
or impractical and must be
authorized in advance by the Department Director. If a rental vehicle is authorized, employees shall request the least expensive vehicle category that meets their needs.
Employees are required to purchase and shall be reimbursed for optional insurance coverage for the rental vehicle.
Optional insurance coverage shall include Damage Waiver (DW) (also referred to as Collision Damage Waiver (CDW)) and third-party liability coverage.
F. Travel Time.
Travel time is compensable under certain conditions identified in the Fair Labor Standards Act (FLSA). As a charter city, the City follows current FLSA regulations for determining the compensability for travel time. The FLSA regulations are available at:
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
Lodging The City will pay lodging expenses for approved City travel, including the evening preceding or subsequent to a meeting or business event when the employee w ould otherwise have to travel from his/her residence before 6 a.m. or after 9 p.m. to reach or return from his or her destination. Local travel, as defined previously in this policy, does not qualify for City paid lodging expenses.
Employees are expected to use t he most cost-effective lodging reasonably available. When a confer ence or training session is held at a specific hotel, the City shall pay for actual lodging expenses up to the standard lodging rate advertis ed by the conference or training sponsor unless approved by the Depar tment Director as part of the travel authorization process.
When there is not a specific lodging site associated with official City business, the Cit
y shall pa y for actual lod ging expenses up to the
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 7 of 12
CANCELS: June 19, 1997
GSA maximum rate allowed by location
(http://www.gsa.gov/perdiem). Note that the GSA maximum rate applies to the base room rate only and does not include taxes. Any exception to applying the GSA rate due to the current market rates in the area of travel must be documented in writing and approved, pre-travel, by the Department Director.
Every effort shall be made to obtain lodging at or near the facility where official City business is to ta ke place to minimize travel time and transportation costs. The lodging should also be clean, safe and appropriate for business travel. Government rates are often available and should be sought. T he City will pay for standard room accommodations at the most co st-effective lodging reasonably available. Any incremental cost beyond that of a standard room shall be paid for by the employ ee unless a written exception has been approved by the City Manager (or designee).
Room reservations may be made in advance using a City
procurement card and the employ ee should request a copy of the hotel’s credit card authorization receipt as applicable. This will be used to authorize the hotel to char ge the total room cost, including all taxes, on the Travel Coordinator’s purchasing card. Employees shall personally pay for any additiona l expenses incurred, such as movie rental, mini-bar bills, room service, etc.
Employees shall cancel any reservations for lodging they will not use. Any charge for an unused reservation shall be considered the employee’s personal expense unless failure to cancel the reservation was due to circumstances reasonably beyond the employee’s control.
Meals A. Overnight Travel
The City will pay for an employee’s meals during authorized travel, including tax and tips and incidentals, up to the per diem amount established by the GSA for the des tination location (available at:
http://www.gsa.gov/perdiem) for a full day of trav el. Per GSA, rules, employees are only eligible for 75 percent of the total per diem amount on the first and last travel day. The Meals & Incidental Expenses (M&IE) column will be used to generate the per diem rate for meals. Use the
guide on http://www.gsa.gov/mie to breakdown
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Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 8 of 12
CANCELS: June 19, 1997
the per diem amount for each meal. For any meal that is provided by the conference or hotel the appropriate meal amount listed on http://www.gsa.gov/mie must be deducted from the reimbursement request.
The City will not pay for the following:
Meals that the employee elec ts to purchase from another source when the meals are included in the cost of a
conference, training registration fee, or hotel stay. In the event an exception is granted due to dietary restrictions, the meal will be reimbursed on an actual expense basis, up to the applicable GSA rate.
Alcoholic beverages.
B. Non-Overnight Travel
With regard to partial days of travel that is not overnight but exceeds the local travel guidelines detaile d above, the City will pay for meals on a pro-rated basis using GSA meal amounts, as follows:
If the partial day includes travel before 8 a.m. , the City will pay for the employee's breakfast.
If the partial day includes tr avel between 11 a.m. and 1 p.m., the City will pay for the employee's lunch.
If the partial day includes travel after 5 p.m., the City will pay for the employee's dinner.
Miscellaneous
Fees/Business
Expenses
A. Gratuities/Tips.
The City will pay reasonable a nd customary gratuities and tips during City business travel, which are included in the standard per diem rate per GSA guidelines.
B. Business Expenses.
The City will pay for goods and/or services deemed
necessary for the completion of official business, such as printer, copier, and computer usage, etc.; for internet usage at actual cost and for all bus iness telephone calls. Cellular phones are often mo
re cost-effective than using hotel phones
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Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 9 of 12
CANCELS: June 19, 1997
directly and should be consid ered as a primary option.
Whenever possible, employees shall anticipate the need for supplies and shall take what ever they will need with them instead of buying supplies at their destination.
C. Baggage Fees.
If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable.
D. Personal Expenses.
Personal expenses will not be paid by the City. In addition to those items identified as personal expenses throughout this Policy, personal expenses inclu de early bird flight check-in fee, change flight fee (except as otherwise set forth in this Policy), personal transportati on costs outside of the
conference or conference event site, personal telephone calls, in-room movies, spas and gyms, optional recreational events in connection with a conference, laundry or dry
cleaning, miscellaneous sundrie s, or other items of a
personal nature.
Personal travel shall not be mixed with business travel if it will result in (1) additional cost s to the City, (2) employee engaging in personal travel wh ile be compensated, or (3) harming the City’s interest in any way. Any extension of a trip for personal travel must be accompanied by Director approval and supporting documentation of what the trip would have cost with the original business itinerary. The City will reimburse the lesser of the original business itinerary cost or the extended trip cost due to per sonal travel. Any additional cost from the original business itinerary must be covered by the employee. The City will not pay for any expenses of a spouse or other person who a ccompanies an employee on
business travel.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 10 of 12
CANCELS: June 19, 1997
Settlement of
Trip Expenses
Payment of travel expenses incu rred during the trip using City procurement cards is not permitted. Purchase cards may be used to pre-pay expenses such as flights, hotel, car rental, or conference registration (preferably by a Trav el Coordinator) or may pay these expenses by invoice through accounts payable.
Allowable expenses per this policy dur ing the trip are to be paid out of pocket by employees and reimbursed upon completion of travel.
The City will not provide any adv ance payment of travel costs directly to employees.
Travel
Reimbursement
All employee travel reimbursement requests require either direct supervisor or Department Head approv al prior to submitting to the City Auditor. Direct super visors can approve expense
reimbursement requests if there is no greater than a 10% variance between the pre-approved travel esti mate and the actual expense reimbursement requested. An y reimbursement request with a difference greater than 10% of the pre-approved estimate must be approved by the Department Director.
The City Auditor’s Office is responsible for review and has final approval of travel expense reimbursement requests. Approval shall be based upon the employee’s compliance or non-compliance with the requirements of this policy. Once approved by the City Auditor, the reimbursement request will be fo rwarded directly to accounts payable for processing and email notification will be provided to travel coordinators and/or the employee.
Within 30 days of an employee's return from a business trip, a final, department approved expense report associated with the trip shall be submitted to the City Auditor to be eligible for any reimbursement. The employee must complete a signed Travel Form and supporting documentation to substantiate all reported expenses with the exception of meals, as these are reimbursed based on GSA per diem rates. The documentation should be in its original form and include the following, if applicable:
Pre-travel request authorization as defined by this policy Invoice and trip itinerary from vendor
Event brochure or agenda for conf erence, training, or special event
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 11 of 12
CANCELS: June 19, 1997
Any certificates of completion associated with event
Airfare receipt showing the travel dates and time
Parking receipts showing the travel date and amount paid Transportation receipts showing the travel date and full address to/from the event location
Car rental receipt showing the dates and number of days Final itemized hotel bill or statement showing all charges Documentation showing mile s between destination and the employee’s work location or residence to substantiate the shortest distance driven for mileage
A brief written explanation if a reporting item doesn’t have supporting documentation.
It is the employee’s responsibility to submit the travel expense reimbursement request within the specified timeline.
Uncompleted training will not be paid by the City unless the employee's failure to complete the training was due to a cause outside the employee's control as documented with a memorandum.
Advances The City does not offer advances to employees for travel.
Exceptions to
this Policy
This Policy does not claim to address all contingencies and conditions. However, any exception requires City Manager (or designee) approval in writing for anticipated/known exceptions or unanticipated/unplanned expenses. R equests for exceptions should be accompanied by the traveler’s written justification for the expense.
Examples of exceptions to this po licy include, but ar e not limited to, the following:
Unusual business expenses
Per diem and/or lodging expenses which exceed GSA limits The purchase of one or more meals from another source even though they were included in a conference and/or
seminar registration fee
The use of an alternate mode of transportation
Lodging expenses incurred during local travel
Travel costs exceeding av ailable budget appropriations City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 12 of 12
CANCELS: June 19, 1997
City Auditor to
Conduct
Periodic Audits
The City Auditor shall conduct periodic audits in accordance with generally accepted government auditing standards to ensure compliance with this travel policy. A udit results shall be submitted to the City Council.
Cross References:
CMD 49 - Membership in Professional Societies and Associations CMD 21 - Use and Maintenanc
e of City Vehicles Including General Government/Public
Works Pool Vehicles
Attachments:
A – Travel Authorization Form
B – Travel Expenses Reimbursement Form
C – Mileage Reimbursement Log
City of
Santa Clara
The Center of What 's Possible
301447.14
EXHIBIT E
Description of Duties
Description of Duties
for City Manager
CHARTER OF THE CITY OF SANTA CLARA
Article VIII. City Manager, Ordinances, Meetings
Sec. 802 Powers and duties
The C
ity Manager shall be chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. N o person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City. (b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City.
(d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable.
(f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
City of
Santa Clara
The Center of What's Possible
Description of Duties
for City Manager
SANTA CLARA CITY CODE
Title 2 Administration and Personnel
Chapter 2.15 City Manager
2.15.020 Duties and responsibilities.
a) The City Manager shall be the chief administrative officer and the head of the administrative branch of the City government, and shall be responsible to the City Council for the proper administration of all affairs of the City. The City Manager shall be an ex officio member of all boards and commissions and shall serve as chief liaison officer between such bodies and the City Council, but shall have no vote thereon. He shall represent the City in its dealings with the various municipalities and other levels of government unless otherwise provided by the City Council.
(b) The City Manager shall have executive direction of the heads of all departments except those holding elective offices and those appointed by the City Council. These officers shall cooperate with all executive policies and procedures established by the City Manager insofar as the same are not in conflict with their legal duties or direct responsibilities to the City Council. (c) The City Manager shall have the power to appoint, suspend, discipline or remove from service all other department heads and to perform or otherwise delegate their duties and responsibilities. (d) The City Manager may prescribe such procedures, rules and regulations, not inconsistent with the Charter or legal actions and policies formulated by the City Council, as he may deem necessary for the conduct of the various departments, and he may investigate and inquire into the affairs of any department at any time.
(e) The City Manager shall, subject to budget authorization and the civil service rules and regulations, appoint and dismiss all regular, probationary and temporary employees as needed. He shall also recommend salary classifications and grant step increases in pay where applicable, within the general pay plan approved by the City Council.
(f) The City Manager shall act as advisor to the City Council on fiscal administration and shall administer the pertinent fiscal affairs of the City. He shall prepare and submit the annual budget of the City and administer it upon adoption. He shall prepare and s ubmit annual financial statements and approve and submit periodically a list of claims and bills for payment. (g) The City Manager shall serve as the Director of Finance unless otherwise determined by the City Council. He shall also serve as Director of Civil Defense. (Ord. 947; Ord. 1039 § 21. Formerly § 2-16.1).
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/1/2023
Approved 2/7/2023
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hour ly Monthly Annual Hourly Monthly Annual ACCOUNTING DIVISION MANAGER 109 9 80.131673$ 13,889.49$ 166,673.88$ 103.698692$ 17,974.44$ 215,693.28$ ASST BUILDING OFFICIAL 222 9 85.410288$ 14,804.45$ 177,653.40$ 110.539731$ 19,160.22$ 229,922.64$ ASST CITY ATTORNEY 015 9 99.266654$ 17,206.22$ 206,474.64$ 128.467096$ 22,267.63$ 267,211.56$ ASST CITY CLERK 010 9 66.393519$ 11,508.21$ 138,098.52$ 85.920692$ 14,892.92$ 178,715.04$ ASST CITY LIBRARIAN 012 9 86.493404$ 14,992.19$ 179,906.28$ 111.934038$ 19,401.90$ 232,822.80$ ASST CITY MANAGER 016 9 134.505115$ 23,314.22$ 279,770.64$ 174.057404$ 30,169.95$ 362,039.40$ ASST DIR OF COMMUNITY DEV 038 9 97.761288$ 16,945.29$ 203,343.48$ 127.089346$ 22,028.82$ 264,345.84$ ASST DIR OF ELECTRIC UTIL 021 9 117.181558$ 20,311.47$ 243,737.64$ 151.648154$ 26,285.68$ 315,428.16$ ASST DIR OF FINANCE 022 9 93.259731$ 16,165.02$ 193,980.24$ 120.692365$ 20,920.01$ 251,040.12$ ASST DIR OF HUMAN RESOURCES 018 9 93.259731$ 16,165.02$ 193,980.24$ 120.692365$ 20,920.01$ 251,040.12$ ASST DIR OF PUB WORKS/CITY ENG 071 9 102.845885$ 17,826.62$ 213,919.44$ 133.098346$ 23,070.38$ 276,844.56$ ASST DIR OF WATER & SEWER UTIL 014 9 92.307346$ 15,999.94$ 191,999.28$ 119.466058$ 20,707.45$ 248,489.40$ ASST FIRE CHIEF 024 9B 135.770596$ 23,533.57$ 282,402.84$ 175.712019$ 30,456.75$ 365,481.00$ ASST FIRE MARSHAL 026 9B 104.134962$ 18,050.06$ 216,600.72$ 134.762885$ 23,358.90$ 280,306.80$ ASST POLICE CHIEF 027 9A 141.537173$ 24,533.11$ 294,397.32$ 183.163154$ 31,748.28$ 380,979.36$
ASST TO THE CITY
MANAGER 028 9 91.168154$ 15,802.48$ 189,629.76$ 117.978346$ 20,449.58$ 245,394.96$ AUDIT MANAGER 201 9 77.143788$ 13,371.59$ 160,459.08$ 99.833077$ 17,304.40$ 207,652.80$ BATTALION CHIEF 036 9B 112.191058$ 19,446.45$ 233,357.40$ 145.180327$ 25,164.59$ 301,975.08$ BATTALION CHIEF 24 HRS 036S 9BS 76.320453$ 18,520.43$ 222,245.16$ 98.762143$ 23,966.28$ 287,595.36$ BUDGET & TREASURY DIVISION MGR 113 9 80.131673$ 13,889.49$ 166,673.88$ 103.698692$ 17,974.44$ 215,693.28$ BUILDING MAINTENANCE MANAGER 041 9 70.962519$ 12,300.17$ 147,602.04$ 91.834269$ 15,917.94$ 191,015.28$ BUILDING OFFICIAL 042 9 93.956885$ 16,285.86$ 195,430.32$ 121.588731$ 21,075.38$ 252,904.56$ CEMETERY OPERATIONS MANAGER 045 9 56.745115$ 9,835.82$ 118,029.84$ 73.433827$ 12,728.53$ 152,742.36$ CHIEF ASST CITY ATTORNEY 037 9 114.156346$ 19,787.10$ 237,445.20$ 147.737192$ 25,607.78$ 307,293.36$ CHIEF ELECTRIC UTILITY OFFICER 108 9 154.685885$ 26,812.22$ 321,746.64$ 200.176615$ 34,697.28$ 416,367.36$ CHIEF OPERATING OFFICER 311 9 154.685885$ 26,812.22$ 321,746.64$ 200.176615$ 34,697.28$ 416,367.36$ CITY ATTORNEY 060 Appointed 165.865385$ 28,750.00$ 345,000.00$ CITY AUDITOR 067 9 93.259731$ 16,165.02$ 193,980.24$ 120.692365$ 20,920.01$ 251,040.12$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 1 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/1/2023
Approved 2/7/2023
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hour ly Monthly Annual Hourly Monthly Annual CITY CLERK 063 Elected 1,500.00$ 18,000.00$
CITY COUNCIL MEMBER CNCL Elected 2,000.00$ 24,000.00$ CITY LIBRARIAN 066 9 108.105865$ 18,738.35$ 224,860.20$ 139.902058$ 24,249.69$ 290,996.28$ CITY MANAGER 069 Appointed 194.738654$ 33,754.70$ 405,056.40$ 232.647058$ 40,325.49$ 483,905.88$ COMMUNICATIONS & OUTREACH MGR 083 9 64.420327$ 11,166.19$ 133,994.28$ 83.362327$ 14,449.47$ 173,393.64$ COMMUNICATIONS OPERATIONS MGR 068 9 72.998077$ 12,653.00$ 151,836.00$ 94.467288$ 16,374.33$ 196,491.96$ COMPLIANCE MANAGER 081 9 65.434904$ 11,342.05$ 136,104.60$ 84.675750$ 14,677.13$ 176,125.56$ CONTRACTS MANAGER 342 9 72.132808$ 12,503.02$ 150,036.24$ 93.340673$ 16,179.05$ 194,148.60$ DEPUTY CITY ATTORNEY I 170 9 62.036192$ 10,752.94$ 129,035.28$ 80.281038$ 13,915.38$ 166,984.56$ DEPUTY CITY ATTORNEY II 172 9 72.375577$ 12,545.10$ 150,541.20$ 93.664327$ 16,235.15$ 194,821.80$ DEPUTY CITY CLERK 178 9 55.873673$ 9,684.77$ 116,217.24$ 72.313327$ 12,534.31$ 150,411.72$ DEPUTY CITY MANAGER 079 9 100.287519$ 17,383.17$ 208,598.04$ 129.774288$ 22,494.21$ 269,930.52$ DEPUTY FIRE CHIEF 080 9B 123.427212$ 21,394.05$ 256,728.60$ 159.739442$ 27,688.17$ 332,258.04$ DEPUTY PARKS & REC DIRECTOR 175 9 81.040500$ 14,047.02$ 168,564.24$ 104.875154$ 18,178.36$ 218,140.32$ DEPUTY PUBLIC WORKS DIRECTOR 176 9 81.183635$ 14,071.83$ 168,861.96$ 105.061904$ 18,210.73$ 218,528.76$ DEVELOPMENT PROJECT MANAGER 158 9 81.178327$ 14,070.91$ 168,850.92$ 105.052904$ 18,209.17$ 218,510.04$
DEVELOPMENT REVIEW OFFICER
144 9 78.538154$ 13,613.28$ 163,359.36$ 101.638269$ 17,617.30$ 211,407.60$ DIRECTOR OF COMMUNITY DEVELOPM 090 9 118.849846$ 20,600.64$ 247,207.68$ 153.808212$ 26,660.09$ 319,921.08$ DIRECTOR OF FINANCE 087 9 118.613308$ 20,559.64$ 246,715.68$ 153.496962$ 26,606.14$ 319,273.68$ DIRECTOR OF HUMAN RESOURCES 088 9 109.344577$ 18,953.06$ 227,436.72$ 141.501808$ 24,526.98$ 294,323.76$ DIRECTOR OF INF TECHNOLOGY/CIO 089 9 112.830404$ 19,557.27$ 234,687.24$ 146.020962$ 25,310.30$ 303,723.60$ DIRECTOR OF PUBLIC WORKS 091 9 125.715750$ 21,790.73$ 261,488.76$ 162.690923$ 28,199.76$ 338,397.12$ DIRECTOR OF WTR & SEWER UTILS 102 9 113.944673$ 19,750.41$ 237,004.92$ 147.452654$ 25,558.46$ 306,701.52$ ELEC DIV MGR - ENGINEERING 104Q 9 96.838962$ 16,785.42$ 201,425.04$ 125.329788$ 21,723.83$ 260,685.96$ ELEC DIV MGR - GENERATION 104R 9 96.838962$ 16,785.42$ 201,425.04$ 125.329788$ 21,723.83$ 260,685.96$ ELEC DIV MGR - OPERATIONS 104P 9 96.838962$ 16,785.42$ 201,425.04$ 125.329788$ 21,723.83$ 260,685.96$ ELEC DIV MGR - SUBSTATIONS 104M 9 96.838962$ 16,785.42$ 201,425.04$ 125.329788$ 21,723.83$ 260,685.96$ ELEC DIV MGR - TRANSM, DISTRIB 104S 9 96.838962$ 16,785.42$ 201,425.04$ 125.329788$ 21,723.83$ 260,685.96$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 2 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/1/2023
Approved 2/7/2023
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hour ly Monthly Annual Hourly Monthly Annual ELEC DIV MGR-MKT A & P 107F 9 96.838962$ 16,785.42$ 201,425.04$ 125.329788$ 21,723.83$ 260,685.96$ ELEC DIVISION MANAGER 104 9 96.838962$ 16,785.42$ 201,425.04$ 125.329788$ 21,723.83$ 260,685.96$ ELEC PROGRAM MANAGER 424 9 84.215135$ 14,597.29$ 175,167.48$ 108.977308$ 18,889.40$ 226,672.80$ ELEC UTIL CHIEF OPER OFFICER 116 9 128.902846$ 22,343.16$ 268,117.92$ 166.818000$ 28,915.12$ 346,981.44$ ELEC UTIL RISK CONTROL ANALYST 697 9 75.419481$ 13,072.71$ 156,872.52$ 97.604596$ 16,918.13$ 203,017.56$ EMERGENCY SERVICES COORDINATOR 106 9 63.330923$ 10,977.36$ 131,728.32$ 81.961731$ 14,206.70$ 170,480.40$ ENVIRONMENTAL PROGRAMS MGR 461 9 65.434904$ 11,342.05$ 136,104.60$ 84.675750$ 14,677.13$ 176,125.56$ EXECUTIVE ASSISTANT 187 9 55.033327$ 9,539.11$ 114,469.32$ 71.217808$ 12,344.42$ 148,133.04$ FIELD FOREPERSON 114 9 79.253942$ 13,737.35$ 164,848.20$ 102.559558$ 17,776.99$ 213,323.88$ FIRE CHIEF 117 9B 147.659538$ 25,594.32$ 307,131.84$ 191.078769$ 33,120.32$ 397,443.84$ FIRE MARSHAL 120 9B 112.190423$ 19,446.34$ 233,356.08$ 145.176346$ 25,163.90$ 301,966.80$ FLEET MANAGER 034 9 67.613596$ 11,719.69$ 140,636.28$ 87.495577$ 15,165.90$ 181,990.80$ HOUSING & COMM SVC DIV MGR 075 9 81.252115$ 14,083.70$ 169,004.40$ 105.155308$ 18,226.92$ 218,723.04$ HOUSING DEVELOPMENT OFFICER 749 9 63.810288$ 11,060.45$ 132,725.40$ 82.578000$ 14,313.52$ 171,762.24$ HUMAN RESOURCES DIV MGR 139 9 80.131673$ 13,889.49$ 166,673.88$ 103.698692$ 17,974.44$ 215,693.28$
INFORMATION
TECHNOLOGY SVC MGR 112 9 75.207808$ 13,036.02$ 156,432.24$ 97.318269$ 16,868.50$ 202,422.00$ INSPECTION MANAGER 134 9 80.480250$ 13,949.91$ 167,398.92$ 104.159308$ 18,054.28$ 216,651.36$ LEGAL EXECUTIVE ASSISTANT 185 9 55.033327$ 9,539.11$ 114,469.32$ 71.217808$ 12,344.42$ 148,133.04$ LIBRARY DIV MGR -SUPPORT SVCS 127G 9 67.563808$ 11,711.06$ 140,532.72$ 87.445788$ 15,157.27$ 181,887.24$ MANAGEMENT ANALYST 008 9 55.873673$ 9,684.77$ 116,217.24$ 72.313327$ 12,534.31$ 150,411.72$ MAYOR MAYOR Elected 2,500.00$ 30,000.00$
MUNICIPAL SERVICES DIV MGR 110 9 80.131673$ 13,889.49$ 166,673.88$ 103.698692$ 17,974.44$ 215,693.28$ PARK MAINT & OPERATIONS SUPERV 131 9 66.785712$ 11,576.19$ 138,914.28$ 86.418692$ 14,979.24$ 179,750.88$ PARKS & RECREATION DIRECTOR 132 9 110.172462$ 19,096.56$ 229,158.72$ 142.566231$ 24,711.48$ 296,537.76$ PARKS CONST, MTC & REPAIR MGR 130 9 66.785712$ 11,576.19$ 138,914.28$ 86.418692$ 14,979.24$ 179,750.88$ PERFORMANCE AUDITOR I 203 9 46.561385$ 8,070.64$ 96,847.68$ 60.261115$ 10,445.26$ 125,343.12$ PERFORMANCE AUDITOR II 204 9 55.873673$ 9,684.77$ 116,217.24$ 72.313327$ 12,534.31$ 150,411.72$ PLAN REVIEW MANAGER 629 9 81.345462$ 14,099.88$ 169,198.56$ 105.261115$ 18,245.26$ 218,943.12$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 3 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/1/2023
Approved 2/7/2023
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hour ly Monthly Annual Hourly Monthly Annual PLANNING MANAGER 072 9 84.831346$ 14,704.10$ 176,449.20$ 109.780269$ 19,028.58$ 228,342.96$ POLICE CAPTAIN 138 9A 134.809558$ 23,366.99$ 280,403.88$ 174.454212$ 30,238.73$ 362,864.76$ POLICE CHIEF 141 Elected 26,141.00$ 313,692.00$ POLICE RECORDS MANAGER 647 9 57.554365$ 9,976.09$ 119,713.08$ 74.485788$ 12,910.87$ 154,930.44$ POWER SYSTEM SCHEDULER/TRADER 674 9 72.226212$ 12,519.21$ 150,230.52$ 93.471346$ 16,201.70$ 194,420.40$ POWER TRADER 673 9 92.307346$ 15,999.94$ 191,999.28$ 119.466058$ 20,707.45$ 248,489.40$ PRINCIPAL ACCOUNTANT 148 9 72.132808$ 12,503.02$ 150,036.24$ 93.340673$ 16,179.05$ 194,148.60$ PRINCIPAL ELECTRIC UTILITY ENG 145 9 92.238865$ 15,988.07$ 191,856.84$ 119.366423$ 20,690.18$ 248,282.16$ PRINCIPAL ENG - WATER & SEWER 142W 9 89.437673$ 15,502.53$ 186,030.36$ 115.743635$ 20,062.23$ 240,746.76$ PRINCIPAL ENG/CITY SURVEYOR 140 9 93.909692$ 16,277.68$ 195,332.16$ 121.532654$ 21,065.66$ 252,787.92$ PRINCIPAL ENGINEER 142 9 89.437673$ 15,502.53$ 186,030.36$ 115.743635$ 20,062.23$ 240,746.76$ PRINCIPAL FINANCIAL ANALYST 149 9 72.132808$ 12,503.02$ 150,036.24$ 93.340673$ 16,179.05$ 194,148.60$ PRINCIPAL PLANNER 143 9 72.132808$ 12,503.02$ 150,036.24$ 93.340673$ 16,179.05$ 194,148.60$ PRINCIPAL POWER ANALYST 154 9 72.132808$ 12,503.02$ 150,036.24$ 93.340673$ 16,179.05$ 194,148.60$ PRINCIPAL UTIL INFO SYSTEM MGR 146 9 92.307346$ 15,999.94$ 191,999.28$ 119.466058$ 20,707.45$ 248,489.40$ PUBLIC INFORMATION OFFICER 077
9 87.663635$ 15,195.03$ 182,340.36$ 113.440442$ 19,663.01$ 235,956.12$ PUBLIC RECORDS MANAGER 082 9 55.873673$ 9,684.77$ 116,217.24$ 72.313327$ 12,534.31$ 150,411.72$ PURCHASING DIVISION MANAGER 147 9 77.143788$ 13,371.59$ 160,459.08$ 99.833077$ 17,304.40$ 207,652.80$ RECREATION MANAGER 150 9 72.817500$ 12,621.70$ 151,460.40$ 94.230750$ 16,333.33$ 195,999.96$ RISK MANAGER 700 9 77.143788$ 13,371.59$ 160,459.08$ 99.833077$ 17,304.40$ 207,652.80$ SR DEPUTY CITY ATTORNEY 161 9 76.932115$ 13,334.90$ 160,018.80$ 99.565442$ 17,258.01$ 207,096.12$ SR ELEC DIV MGR 173 9 106.518519$ 18,463.21$ 221,558.52$ 137.860327$ 23,895.79$ 286,749.48$ SR ELEC DIV MGR-MKT A&P 174A 9 106.518519$ 18,463.21$ 221,558.52$ 137.860327$ 23,895.79$ 286,749.48$ SR INFORMATION TECH SVCS MGR 743 9 82.409942$ 14,284.39$ 171,412.68$ 106.649250$ 18,485.87$ 221,830.44$ SR MANAGEMENT ANALYST 742 9 61.460885$ 10,653.22$ 127,838.64$ 79.544481$ 13,787.71$ 165,452.52$ SR PERFORMANCE AUDITOR 202 9 65.434904$ 11,342.05$ 136,104.60$ 84.675750$ 14,677.13$ 176,125.56$ SR POWER SYSTEM SCHEDLR/TRADER 772 9 77.629327$ 13,455.75$ 161,469.00$ 100.467981$ 17,414.45$ 208,973.40$ STREET SUPERINTENDENT 159 9 73.801038$ 12,792.18$ 153,506.16$ 95.513077$ 16,555.60$ 198,667.20$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 4 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/1/2023
Approved 2/7/2023
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hour ly Monthly Annual Hourly Monthly Annual TRANSPORTATION MANAGER 171 9 90.253154$ 15,643.88$ 187,726.56$ 116.801827$ 20,245.65$ 242,947.80$ UTILITY BUSINESS SYSTEMS MGR 898 9 72.014538$ 12,482.52$ 149,790.24$ 93.191250$ 16,153.15$ 193,837.80$ UTILITY OPERATIONS ENGINEER 155 9 76.023288$ 13,177.37$ 158,128.44$ 98.376462$ 17,051.92$ 204,623.04$ WATER & SEWER OPERATIONS MGR 180 9 74.722327$ 12,951.87$ 155,422.44$ 96.708231$ 16,762.76$ 201,153.12$ WATER & SEWER SUPERINTENDENT 029 9 67.563808$ 11,711.06$ 140,532.72$ 87.445788$ 15,157.27$ 181,887.24$ WEB & DIGITAL MEDIA MANAGER 073 9 64.420327$ 11,166.19$ 133,994.28$ 83.362327$ 14,449.47$ 173,393.64$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 5 of 5 Resolution/Update Unclassified Salary Plan (eff 05-01-23) Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. 23- _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
TO ADOPT THE AMENDED UNCLASSIFIED SALARY PLAN FOR
THE POSITION OF CITY MANAGER WITH AN APPROVAL DATE
OF FEBRUARY 7, 2023 AND AN EFFECTIVE DATE OF MAY 1,
2023
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara contracts with CalPERS to provide retirement benefits; WHEREAS, to comply with the California Code Regulations section 570.5, the City of Santa Clara shall among other things, have pay scheduled approved and adopted by the City Council; and indicate an effective date and date of any revisions; and, WHEREAS, as required by the California Code Regulations section 570.5 and as mandated by CalPERS, the City Council deems it to be in the best interests of the City to adopt the Amended Unclassified Salary Plan, which includes the classification of City Manager, when there are salary modifications to existing classifications, with an approval date of February 7, 2023, and an effective date of May 1, 2023 (which is the effective date of the associated employment agreement).
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City hereby adopts the Amended Unclassified Salary Plan that includes the position of City Manager.
2. Effective date. In accordance with the California Code Regulations section 570.5 and to comply with CalPERS, the salary schedule for unclassified positions shall be effective May 1, 2023 and adopted with an approval date of February 7, 2023.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ____ DAY OF ____, 2023, BY THE FOLLOWING VOTE:
Resolution/Update Unclassified Salary Plan (eff 05-01-23) Page 2 of 2 Rev: 11/22/17
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Unclassified Salary Plan (effective 05-01-23) approved 02-07-23
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-50 Agenda Date: 2/7/2023
REPORT TO COUNCIL
SUBJECT
Tentative Meeting Agenda Calendar (TMAC)
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND AND DISCUSSION
The purpose of the TMAC is to provide the public advanced notifications of tentative dates of Council Study Sessions, Joint Council/Commission meetings, as well as Council Public Hearing and General Business agenda items. It is important to note that the TMAC is a Tentative Calendar planning tool and reports listed are subject to change due to Public Hearing publication requirements and agenda management.
City of Santa Clara Printed on 2/3/2023Page 1 of 1
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2/2/2023 5:06:59 PM
________
Tuesday, February 21, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting
Study Session
23-1478 Discussion of the Proposed Santa Clara Stadium Authority Fiscal Year 2023/24 Budget, Compliance and Management Policies
Special Orders of Business
23-189 Recognition of the Wilcox High School Robotics Team
Public Hearing/General Business
23-157 Action on Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium
23-129 Action on the Proposed Schematic Design - Master Plan for a New Public Mini Park at 3000 Patrick Henry Drive (SummerHill)
23-182 Public Hearing: Adoption of a Resolution Ordering the Abatement of a Nuisance Consisting of Growing Weeds in Association with the County Weed Abatement Program for 2022-2023
Tuesday, March 7, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting
Study Session
23-117 Cleanup Campaign Alternatives and Community Survey Results
Special Order of Business
23-1546 Recognition of Kent Clerk as Santa Clara Fire Department Volunteer Firefighter
23-95 Recognition of STEM Winners for the Santa Clara County 2022 Synopsys Championship Science Fair
City of Santa Clara
Tentative Meeting Agenda Calendar
Note: These proposed dates are tentative and subject to change based on staff capacity, meeting management, and deferred items by Council requiring other items to free up agenda meeting time.
Public Hearing/General Business
23-208 Action on the Introduction of a Resolution to Modify the Files Management Manual for the City of Santa Clara
23-127 Action to Adopt a Resolution approving the Water Supply Assessment for 960 Central Expressway
23-211 Information Report regarding Street Vendor Concerns
23-66 Action on Appointment of a Santa Clara Station Area Plan Task Force Santa Clara Stadium Authority General Business
23-1479 Action on the Proposed Santa Clara Stadium Authority Fiscal Year 2023/24 Budget, Stadium Operation and Maintenance Plan, and 2023 Marketing
Tuesday, March 21, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting
Study Session
23-147 Santa Clara Valley Transportation Authority’s BART Silicon Valley Phase II Extension Project Update
23-1633 Mission City Memorial Park (Cemetery) Operations – Study Session Special Order of Business
23-90 Proclaim March 2023 as Women’s History Month
Council Priority Setting Meeting – Tentative March/April
Tuesday, April 4, 2023 Council and Authorities Concurrent Meeting
Study Session
23-146 Santa Clara Valley Transportation Authority's Central Bikeway Feasibility Study Special Order of Business
23-41 Proclamation of Earth Day/Arbor Day
Public Hearing/General Business
23-135 Receive Silicon Valley Power’s Quarterly Update
Tuesday, April 18, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting
Public Hearing/General Business
23-141 Public Hearing: Action on the Adoption of the Proposed FY 2023/24 Municipal Fee Schedule
23-145 Discussion and Follow Up on a Written Petition (Council Policy 030) Submitted by Kirk Vartan Related to Permit Parking Zones
Tuesday, May 9, 2023 Council and Authorities Concurrent Meeting Public Hearing/General Business
23-142 Study Session to review Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Budget Changes