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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS ADOPTING COMPREHENSIVE
BENEFITS AND COMPENSATION FOR EXECUTIVE
MANAGERS AND RESCINDING RESOLUTION NO. 2023-
042
WHEREAS, it is the City of Thousand Oaks’ policy to provide certain benefits and compensation to Executive Managers; and
WHEREAS, Resolution No. 2023-042 was previously adopted establishing Executive Management benefits and is to be superseded by this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:
Section 1: City Council Resolution No. 2023-042 is hereby rescinded and shall be superseded by this resolution.
Section 2: City will provide Executive Managers benefits and compensation as set forth in Exhibit A and Exhibit B.
PASSED AND ADOPTED this 18th day of June, 2024, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_______________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
ATTACHMENT #1
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APPROVED AS TO FORM:
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
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EXHIBIT A
City of Thousand Oaks
Benefits and Compensation for
Executive Managers
Effective July 6, 2024
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SECTION 1 - PURPOSE
The Benefits and Compensation Resolution sets forth the wages, hours, and other terms and conditions of employment for employees within the executive management classifications.
SECTION 2 – INTEGRATION
This document supersedes previous Resolution(s) covering Executive Managers.
SECTION 3 – CLASSIFICATIONS COVERED
Executive Management employee shall mean an unrepresented at-will management employee who is the head of a City Department, or a senior member of the City Manager’s Office. Employees covered by the terms of this Resolution shall be those employees in the classifications listed below:
Assistant City Manager
City Clerk
Community Development Director
Cultural and Community Services Director
Deputy City Manager
Deputy City Manager/Department Head
Strategic Communications Director
Finance Director
Human Resources Director
Public Works Director
SECTION 4 – SALARY
Salary Ranges:
The City Council shall adopt a salary range for classifications covered by this resolution. Classification range adjustments are based on total compensation market conditions and do not result in automatic salary increases, as individual Executive employee adjustments are performance-based. Effective July 8, 2023 and July 6, 2024, there will be a 5.0 % range adjustment for all classifications at the 100% comparatio midpoint. No adjustments will result in employee salaries exceeding the 120 % comparatio.
Salary on Employment:
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Newly hired employees shall be compensated at the level that would be in the City’s best interest, as determined by the City Manager and the Human Resources Director.
Employees are eligible for consideration of a salary increase as follows:
An initial increase may be granted within the range after six (6) months of service.
Thereafter, employees will participate in the annual Pay for Performance evaluation/compensation Program, including pro-ration if appropriate. In no case shall an adjustment result in an employee salary exceeding the 120 % comparatio.
Pay for Performance:
The purpose of the Pay for Performance program is to establish and maintain a compensation program that is externally competitive and internally equitable and that rewards employees based on their performance.
Policy and Procedure:
Each year the City Council will establish goals for the ensuing fiscal year. The goals will be incorporated into and addressed in the annual work objectives established by the Council during budget deliberations. Departments accountable for the work objectives will be identified. The City Manager will establish performance objectives for Executive Managers.
Performance objectives include major responsibilities/results expected and measurement criteria and will be established collaboratively by the City Manager and each Executive Manager.
The City Manager and each Executive Manager will meet as necessary during the year to update the objectives and to discuss the results achieved. No later than September 1 st of each year, Executive Managers will be evaluated on their performance objectives for the previous fiscal year. Performance objectives for the current fiscal year will also be established by September 1st.
Salary and Merit Based Performance Adjustments:
Each employee will have a comparatio computed by dividing their current rate of pay by the new midpoint of the salary range. Each employee’s comparatio will fall within one of four sections of the salary range: 80 to 89.9; 90 to 99.9; 100 to 109.9; 110 to 120. The City Manager will consider the employee’s current comparatio and performance when determining merit adjustments. Merit based performance adjustments effective July 8, 2023 shall range from a minimum of 0% to a maximum of 5.0%, for exceptional performance. For employees who receive a HRO 700-20\
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performance rating of at least “good work” (2.0 or higher) there shall be a non-merit based 2.0% salary adjustment effective July 8, 2023 and a non-merit based 1.0% salary adjustment effective July 6, 2024, in addition to and concurrent with any performance based adjustment. Employees newly integrated into the Pay for Performance program will receive a prorated amount. No adjustments in salary will be provided which would result in employee salaries exceeding the 120 % comparatio.
Any exceptional merit adjustment that exceeds the guidelines above must be separately approved by the City Manager.
SECTION 5 - OUT OF CLASS ASSIGNMENT
When, in the determination of the City Manager, it is necessary to specifically assign to an employee in writing all of the significant duties of a higher classification the employee so assigned shall be compensated at the minimum rate established for the higher class or 5% above the employee’s regular base rate of pay, whichever is greater, with pay effective upon the date of the change of assignment.
Under no circumstances shall the employee receive an amount greater than the maximum step of the higher class. The mere performance of certain portions of the higher position or only performing the less difficult duties of the position does not constitute working out-of-class. In no circumstance will the City appoint any employee to an out-of-class assignment/appointment for more than a total of 960 hours per fiscal year.
SECTION 6 - CELL PHONE STIPEND
Employees will be provided a City cell phone or may elect to receive a stipend as provided for in the City’s Administrative Policies and Procedures regarding cell phones, currently $75 per month.
SECTION 7 - PAY DAYS
Regular salaries and compensation shall be paid on a bi-weekly basis. All employees shall participate in direct deposit. The pay period is fourteen (14) calendar days. Payroll summaries shall normally be distributed on the following Friday. Paydays shall occur every other Friday.
SECTION 8 - HOLIDAY
The following days shall be recognized as holidays: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day, and two (2) Floating Holidays. This is equal to 120 hours of holiday pay each HRO 700-20\
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calendar year.
The City shall have a holiday closure between December 26 and December 31.
Employees not specifically required to work shall use accrued leave during the closure.
If an employee utilizes less than one hundred twenty (120) hours of holiday pay, the difference between the holiday hours actually used and the holiday hours provided shall be credited to the employee’s holiday hours account. Holiday hours shall be used in the calendar year in which they are earned and shall have no cash value. In the event an employee has not used all of their holiday hours by the end of the calendar year, employees will be able to carry over no more than 40 holiday hours into the following calendar year.
SECTION 9 - ANNUAL LEAVE
Policy: In lieu of vacation time or sick time, employees shall receive annual leave time. Some of the appropriate uses of this leave time include the following:
A. To provide recuperation time for an employee incapacitated due to illness, injury, or other medical disability;
B. To allow for the quarantine of an employee exposed to a contagious disease which results in the enforced quarantine of an employee in accordance with public health regulations.
B. To attend to the immediate health needs of family members; C. For attending medical or dental office appointments; D. To enable employees to conduct important personal business during normal working hours;
E. To provide time for periods of rest and relaxation.
Annual Leave Schedule:
A. Annual leave time will accrue on a bi-weekly basis for twenty-six (26) pay periods a year.
B. Each employee shall have annual leave time accrue for each pay period starting from the first day of appointment.
C. Accrual rates are based on years of service and are as follows:
Up to end of 3 years continuous service 190 hours
4 through 8 years continuous service 230 hours
9 through 13 years continuous service 254 hours
14 through 17 years continuous service 270 hours
18 through 22 years continuous service 290 hours
23 through 28 years continuous service 306 hours
29+ years continuous service 322 hours
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Newly hired employees are to be credited with two (2) weeks annual leave upon the date of hire. This is to compensate for the fact that annual leave includes both vacation and sick time and such a credit would allow new hires to start with a minimum of useable hours.
Paid annual leave shall continue to accrue in accordance with the schedule above during any authorized period of leave with pay. The maximum amount of annual leave that may be accrued shall not exceed nine hundred (900) hours.
The reporting of the use of annual leave shall be in increments of full workdays, except that an employee shall be required to report an absence of less than a full day for regularly scheduled or recurring personal appointments.
The City Manager or their designee shall also have the discretion to place a newly hired employee at up to the third level of accruals, i.e., the newly hired employee would begin accruing at 4 or 9 years of service, and immediately begin earning 230 or 254 hours of annual leave per year, respectively.
Annual Leave Cash-Out
Employees may elect to receive cash value of accrued annual leave hours for up to 200 hours provided the employee has taken or is scheduled to take at least 80 hours of annual leave or various other types of leave, excluding sick leave, during the current calendar year.
Payment on Separation:
Upon termination, an employee shall be compensated by direct deposit at their current rate of pay for any annual leave or miscellaneous leave accrued but not used.
SECTION 10 - PREGNANCY LEAVE
Pregnancy leave shall be provided in accordance with state and federal law. The City will continue to maintain and pay the premiums for health insurance coverage for up to four (4) months while the employee is out on pregnancy leave. The employee is responsible for paying the costs they had previously authorized towards premiums. If the employee does not return to work following pregnancy leave, the City may recover premiums it paid to maintain health insurance coverage unless:
The employee’s inability to return to work is due to the continuation, recurrence, or onset of a health condition that entitles the employee to pregnancy disability leave, unless the employee chooses not to return to work following the leave;
The employee has non-pregnancy-related medical conditions requiring further leave, unless the employee chooses not to return to work following HRO 700-20\
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the leave; or
There are other circumstances beyond the control of the employee.
Upon the expiration of the Pregnancy Leave, the employee will be reinstated to their original or equivalent position, so long as it was not eliminated for a legitimate business reason during the leave.
SECTION 11 - ADMINISTRATIVE LEAVE
Forty (40) hours of Administrative Leave shall be credited to each employee annually. Administrative Leave shall be credited to an employee effective on the first pay period of July each year. Administrative Leave shall be pro-rated for newly appointed employees. Administrative Leave must be used in the fiscal year in which it is credited. Unused Administrative Leave shall not be carried over to the next fiscal year, paid off at termination, or converted to compensation in any form.
Administrative Leave is paid time off for any personal reason so long as such leave does not interfere with the mission of the City.
SECTION 12 - FAMILY LEAVE AND MEDICAL LEAVE- Please see applicable Administrative Policy No. 16.026
Employees who can demonstrate the need to take time off to care for a newborn, adopted child, or foster child, or to tend to the needs of a seriously ill child, spouse, or parent with a serious health condition, or an employee who is unable to work because of a serious health condition are eligible to request a leave without pay from their job subject to the following conditions. Employees who can demonstrate the need to take time off to care for a spouse, child, parent, or next of kin who is a covered service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty or aggravated by service in the line of duty on active duty (“military caregiver leave”) are also eligible to request a leave without pay from their job. Eligible employees with a spouse, child, or parent on covered active duty or call to active duty status in the Armed Forces, including the National Guard or Reserves, may also use their 12-week leave entitlement to address certain “qualifying exigencies.” Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, attending post-deployment reintegration briefings, and arranging for parental care.
“Eligible employee” is defined as an employee who has worked for the City for at least twelve (12) months and for at least 1250 hours during the 12- month period before the leave.
For purposes of this policy, “child” includes a biological, adopted, or foster child, a stepchild, or a legal ward, a child of domestic partner or a child who HRO 700-20\
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is either under age 18, or an adult dependent child.
“Spouse” is defined in accordance with applicable state law, including common marriage and domestic partner where recognized by the State. “Parent” includes biological, foster, or adoptive parent, a stepparent, or legal guardian.
A “serious health condition” means an illness, injury impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of the treatment or supervision and involves either: 1) Inpatient care in a hospital, hospice, or residential health care facility; or 2) Continuing treatment or continuing supervision by a health care provider.
The length of leave shall not exceed twelve (12) weeks in a rolling 12-month period unless the employer and employee agree otherwise. The length of leave for military caregiver leave shall not exceed twenty-six (26) weeks in a 12-month period.
An employee shall submit in writing their intent to take such leave.
If an employee’s need for family care leave is foreseeable, employees are required to provide reasonable advanced notice of the need for the leave and make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the City.
The City may require certification from the health care provider of the individual requiring care. Such certification shall include a statement that the condition warrants participation of a family member, and an estimate of the amount of time the employee needs to care for the individual. If an employee requests leave because of a qualifying exigency, the City may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military.
Employees on unpaid family leave continue to be eligible for health plans and the same benefits as others on a personal leave without pay.
Insurance Coverage: The City shall continue to pay the premiums for employee health, dental, vision, life and disability insurance previously paid for by the City for the period covered under this Section. The employee is responsible for paying the costs they had previously authorized towards premiums. Any City payment of premiums and coverage beyond that time will be the responsibility of the employee.
Nothing herein in any way limits the rights of the City to increase, decrease, and HRO 700-20\
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change or delete any benefit of any group insurance plans it provides to its current employees. Employees who are on a leave without pay may or may not continue under any new or revised plan subject to the carrier’s or provider’s approval.
Benefits: Except to the extent provided herein, an employee on Family Leave shall receive no compensation and shall accumulate no annual leave, or other paid leave, except when in a paid status. Leave without pay in excess of 30 days will not accrue toward seniority and any scheduled merit adjustment will be pro-rated accordingly.
Return from Leave: Employees who take Family Leave shall be entitled, on return from leave, to be restored to the position of employment held by the employee when the leave commenced or be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
SECTION 13 - INDUSTRIAL ACCIDENT LEAVE
Defined:
In the event that any employee is absent from work as a result of any injury or disease which is covered under the Workers’ Compensation Act, such absence shall be considered to be Industrial Accident Leave. Industrial Accident Leave benefits provided by this Section shall apply to each unrelated injury or disease as defined herein.
Compensation While on Industrial Leave:
Any employee on Industrial Accident Leave shall continue to be considered employed at regular base rate to the extent provided for in this Section. Pursuant to the City’s Workers’ Compensation insurance program, payments received by or to which the employee is entitled in accordance with the aforementioned Act shall be remitted to the Finance Department as a condition for the benefits due the employee under this Section.
Length of Leave:
Industrial Accident Leave shall begin the first day of such absence as defined above and shall continue for a total of not more than 173 hours. In the event that an employee who has returned to duty from Industrial Accident Leave is subsequently absent from work as a result of the same injury or disease, such absence shall be considered to be a part of the original Industrial Accident Leave.
Annual Leave:
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No employee shall have Annual Leave deducted while on Industrial Accident Leave. Annual Leave shall continue to accrue for any employee on Industrial Accident Leave in accordance with the provisions of Section 10, Annual Leave.
SECTION 14 - BEREAVEMENT LEAVE
Any use of Bereavement Leave requires notification of the City Manager. An employee shall be entitled up to three (3) working days leave with pay whenever the death of an immediate family member occurs. Immediate family, for purposes of this Section, is defined to include the following: employee’s parent, sibling, spouse, children, grandparent, grandchild, or child-in-law; spouse’s parent, grandparent, grandchild, sibling, or child, or the same relatives of a domestic partner; employee or spouse of registered domestic partner’s step-family (parent, sibling, grandparent, grandchild) former legal guardian or immediate household member. Employees shall be entitled to five (5) working days leave with pay whenever the death of an immediate family member necessitates traveling out of state or the country. Total paid bereavement leave shall not exceed 80 hours each calendar year.
SECTION 15 - MILITARY DUTY LEAVE
City policy relating to Military Leave, the extent of compensation and other benefits, while on such leave shall be in accordance with City Council Resolution 2001-180 and with the provisions of all Federal and State laws.
SECTION 16 - PERSONAL COURT APPEARANCE
An employee absent from work in response to a subpoena or other official order from a law enforcement agency to testify as a witness in cases where the employee is not a party or a real party in interest to the proceeding, but is testifying as a result of observations made in the course and scope of City employment may receive regular compensation.
SECTION 17 - LEAVE OF ABSENCE POLICY
An employee who is authorized to be absent from work and who is not on an authorized leave with pay shall be on leave without pay.
Any leave of absence, with or without pay, shall not exceed three (3) months except as provided in Section 10, Pregnancy Leave and Section 12, Family and Medical Leave. Should an employee request leave beyond three (3) months, approval is at the discretion of the City Manager.
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Leave of Absence Statement:
An employee who has a compelling need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Before requesting leave without pay, an employee must have first exhausted their annual leave. Leave without pay shall require the approval of the City Manager.
Insurance Coverage:
In the event that leave without pay is granted for an employee for reasons of illness or physical incapacity due to illness or injury, the City shall continue to pay the premiums for employee health, dental, vision, life, and disability insurance previously paid for by the City for a period not to exceed three (3) months, except where otherwise provided in this Agreement. The employee is responsible for paying the costs they had previously authorized towards premiums.
Any City payment of premiums and coverage beyond three (3) months will be the responsibility of the employee, except where otherwise provided in this Agreement.
In the event that leave without pay is granted to an employee for personal reasons, any City payment of premiums for health, dental, vision, life, and disability insurance will be the responsibility of the employee.
Nothing herein in any way limits the rights of the City to increase, decrease, and change or delete any benefit of any group insurance plans it provides to its current employees. Employees who are on a leave without pay may or may not continue under any new or revised plan subject to the carrier’s or provider’s approval. Any failure of the employee to pay their portion of the premiums shall result in termination of coverage.
Benefits: Except to the extent provided herein, an employee on leave without pay shall receive no compensation and shall accumulate no annual leave or other paid leave. Any authorized leave of absence without pay for 30 days or more shall require a prorated adjustment in the employee’s performance-based merit adjustment; and a like adjustment in seniority with City.
Other Deductions:
An employee who is on leave without pay shall be responsible for directly paying any agency for any payroll deductions that they have authorized. It will be the responsibility of the employee to provide the City with an advance payment to cover the total cost of all premiums for the benefits the employee wants continued during the absence without pay leave period.
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SECTION 18 - HEALTH AND CAFETERIA PLAN
The City contracts with the California Public Employees Retirement System for participation under the Public Employees Medical and Hospital Care Act, for the purpose of providing medical insurance benefits for employees and qualifying annuitants.
The City’s maximum contribution for eligible employees for a Health Benefits Plan shall not exceed $435 per month. For Executive Managers who retire under the City’s retirement, the maximum City contribution toward health plan coverage shall be equal to $435 per month.
The City shall maintain in accordance with Section 125 of the IRS Code, a Cafeteria Plan, for the purpose of providing employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include but are not limited to:
Group Health Plan Medical Premiums
Flexible Spending Account - Dependent Care
Flexible Spending Account - Healthcare
Voluntary Optional Life Insurance Premiums
Voluntary Optional Critical Illness and Cancer Insurance Premiums The monthly administrative fee for an employee to be enrolled in the Section 125 plan will be paid for by the City.
The effective date and amount of the City’s monthly contribution to the Cafeteria Plan for each eligible employee covered under this resolution shall be:
January 1, 2024 - $1,155
January 1, 2025 - $1,330
Eligible employees who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution will receive cash-back of unused premiums to a maximum of $700 per month. If the employee’s combined utilization exceeds $700, then there shall be no cash-back.
Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California).
Employees initially hired by the City on or after July 1, 2019, who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution will receive cash-back of unused premiums up to a maximum of $350 per month. If the employee’s combined utilization exceeds $350, then there shall be no cash-back. Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential HRO 700-20\
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coverage (other than coverage in the individual market, whether or not obtained through Covered California).
SECTION 19 - DENTAL, VISION, EAP
The City will pay 100 % of the dental, vision, and employee assistance program insurance premiums for employees and dependents. Domestic partners and their children are included in the definition of dependents.
SECTION 20 - LIFE, TRAVEL ACCIDENT AND LTD INSURANCE
The City will pay 100% of the life insurance premiums ($200,000 policy, $5,000 dependents), Travel Accident Policy of $250,000 of life insurance, and long-term disability with no opt-out or cash-back provisions. The core benefit for Long Term Disability (LTD) is 66 2/3 % once eligibility requirements are met.
SECTION 21 - RETIREMENT
The City contracts with the Public Employees’ Retirement System (PERS) to provide: Section 21258.4 for classic members (2 % at 55), a benefit commonly referred to as the single highest year for classic members (Section 20042), the “Fourth Level” of 1959 Survivor Benefits, Section 21024 (Military Service Credit as Public Service) with continuous active military service time prior to employment with the City, and Sections 21551 and 21635 regarding survivor benefits from retirement.
Classic members shall pay 7.0 % of the employees’ normal contribution to PERS.
Classic members are those employees who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013. All such employee contributions toward employee cost of retirement will be made on a pre-tax basis in accordance with Section 414(h)(2) of the Internal Revenue Code.
The City shall pay the employer cost in accordance with the provisions of the contract between the City and PERS.
The California Public Employees’ Pension Reform Act of 2013 (PEPRA), as it may from time to time exist, shall in its entirety be given full force and effect. Employees hired on and after January 1, 2013, deemed to be “new members” as defined in Government Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50 % of the normal cost rate for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1 %, or the current contribution rate of similarly situated employees, whichever is greater (PEPRA, Government code section 7522.30).
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“New members” shall be enrolled in the PEPRA provided for retirement formula
2.0 % at 62 (Government Code section 7522.20)(a)). Final pensionable compensation (as defined for new members in Government Code section 7522.34) shall be determined by reference to the highest average annual pensionable compensation earned during a period of at least 36 consecutive months (Government Code section 7522.362(a)).
SECTION 22 - CAR ALLOWANCE
Effective July 1, 2024, employees shall be provided a $559.72 car allowance per month. The car allowance shall be adjusted each subsequent July 1 an amount equal to any increase in the Los Angeles Area CPI-U previous 12-month period (May to May).
SECTION 23 - DEFERRED COMPENSATION
Employees shall contribute six (6) % of their bi-weekly compensation into a 401A deferred compensation account. The City shall match the employee’s six (6)% contribution.
SECTION 24 - RETIREE HEALTH SAVINGS PLAN
Upon separation or retirement, all employees with 10 or more years of service to the City of Thousand Oaks shall contribute the first three hundred (300) hours of unused annual leave to a Retiree Health Savings Plan. Employees with less than 10 years of service shall contribute the first 150 hours of unused Annual Leave hours to a Retiree Health Savings Plan.
SECTION 25 - EMPLOYEE DISCRETIONARY CONTRIBUTION
Effective the first pay period in July, employees shall be provided $750 to be used at the employee’s discretion for such purposes, but not limited to, medical expenses through Flexible Spending Account, directly incurred medical costs, medical insurance premiums, deferred compensation, health club membership, electronic equipment for increased employment productivity or direct cash disbursement.
SECTION 26 - TUITION REIMBURSEMENT AND PC LOAN PROGRAM
Employees are eligible to participate in these employee benefit programs.
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SECTION 27 - AMENDMENTS
Any modifications or amendments to the terms of this Resolution shall be implemented by City Council approved Resolution directing inclusion of the modification or amendment.
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Exhibit B