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2008/08/12 City Council Resolution 2008-137RESOLUTION NO. 2008-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL WHEREAS, at its June 10, 2008 and July 8, 2007 meetings, the City Council reviewed the fringe benefits offered to its members; WHEREAS, the City Council wishes to adopt an Outline of Fringe Benefits for its members consistent with the form used for the City's Management Unit; WHEREAS, the City Council further wishes to conform its benefits to those provided to the Management Unit; and WHEREAS, the City Council acknowledges its obligations toward current and former Councilmembers, as established in Resolution 2002 -07, Resolution 92 -181, Resolution 90 -212, and Resolution 89 -117. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of Fringe Benefits for Members of the City Council dated August 12, 2008, attached hereto, is hereby approved. DULY AND REGULARLY ADOPTED this 12th day of August, 2008. ATTEST: 19 Clerk CITY OF ROHNERT PARK May r — �j ERT BREEZE: ABSENT SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) 1 AP, . °IF . it m OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL August 12, 2008. This Outline is a document that describes fringe benefits for members of the City Council. 1. Fringe Benefit Administration Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or to self - administer any of the fringe benefit programs provided during the term of this outline. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable. All benefits provided under this Outline are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Outline as originally worded or as amended from time to time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the California Public Employees' Retirement System (CaIPERS). The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the Councilmember. 2. Medical and Health, Dental, and Vision Coverage Councilmembers shall be extended medical and health, dental, and vision coverage in the same manner as members of the Management Unit. Accordingly, Councilmembers will have those options and benefit levels described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit in effect available to them. The City's contributions toward these benefits shall be at the levels and in the manner described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit in effect. Councilmembers' medical and health, dental, and vision coverage shall be subject to any changes to the options and benefit levels contained in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit. 3. Deferred Income The City will continue to make available to Councilmembers a deferred income program, administered by Nationwide and International City Management Association (ICMA) or a similar program with another institution acceptable to City. OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL 1 4. Retirement Program The City will continue to make available to eligible Councilmembers the California Public Employees Retirement System (CaIPERS) retirement program. There shall be no City contribution for Councilmembers toward their CalPERS retirement program. 5. Retired Councilmembers Councilmembers sworn -in following the approval of this Outline by the City Council shall be eligible for the benefits described in Paragraphs A and C. The benefits described in Paragraph B shall be available to current and future Councilmembers with the approval of this Outline. A. Retiree Health Savings Account The City will make a monthly contribution for active Councilmembers to a Retiree Health Savings Account (RHSA). The amount of this contribution shall be the same as such contribution requirement in effect for Management Unit employees as described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit. Councilmembers' RHSAs shall be subject to any changes to the .contribution level described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit. The City's contribution to a Councilmember's RHSA shall be deemed vested as to a Councilmember leaving office after completion of twelve (12) years in office. For the purpose of determining vestment, a Councilmember's years of service prior and subsequent to the adoption of this Outline shall be considered. B. Participation in City's Medical and Health, Dental, and Vision Programs Councilmembers who complete at least one full term shall have the option to participate, at full cost to the Councilmember, in the City's medical and health, dental, and vision programs. C. The benefits in Section 7, "Use of City Facilities," shall be extended to retired Councilmembers. 6. Counseling Services Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of one thousand dollars ($1,000) per household per calendar year, for professional counseling service charges which are not paid for by City- provided or other insurance which the Councilmember may have. Services not covered by City - provided health insurance programs with a maximum calendar year benefit of one thousand dollars ($1,000) per calendar year per household. OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL 2 7. Use of City Facilities A. Use of Sports Center and Lap Swimming Program Councilmembers and their spouse, domestic partner, and eligible dependents (as defined both by City eligible dependent policy and Sports Center policy), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner and dependents of Councilmembers adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. B. Spreckels Performing Arts Center Each Councilmember shall be issued one complimentary ticket for each performance at the Spreckels Performing Arts Center. 8. Invalidation A. Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion that shall continue in full force and effect. B. Replacement In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 9. Non - Discrimination City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL 3 Reference: City Council Resolution No. 2002 -07, A Resolution Authorizing Certain Benefits for the Rohnert Park City Council, summarizes benefits for Councilmembers sworn -in prior to July 8, 2008. City Council Resolution 2006 -206, Adopting Updated Expense Reimbursement and Use of Public Resources Policy OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL 4 405.20.2 RESOLUTION NO. 2002-07 A RESOLUTION AUTHORIZING CERTAIN BENEFITS FOR THE ROHNERT PARK CITY COUNCIL WHEREAS, the Personnel Department has revised and updated an Outline of Benefits; and WHEREAS, such revision separates members of Management, members of the Confidential Group and members of City Council; and WHEREAS, the City wishes to have one document that outlines certain benefits already provided; and WHEREAS, said benefits are provided by previous City Council action. NOW, THEREFORE, BE IT RESOLVED. that the following benefits are .hereby approved and provided to members of the Rohnert Park City Council: .'A. MEDICAL AND HEALTH - The City shall pay medical insurance premiums for City Council members' choice . of Kaiser.. Foundation. Health Plan ; Inc., California North Region (S Coverage); Health . Plan of the Redwoods (Empire Plan), Blue Cross Prudent Buyer Plan or any other appropriate health plan offered by the City. The City shall pay any deductible or co- payments required by Kaiser Foundation Health. Plan ; Inc:, California Ngrth Region (S Coverage), Health Plan of the Redwoods (Empire Plan); Blue Cross Prudent Buyer Plan for. those. members of the City :Cou ncil. in office on the. date this resolution is adopted who were elected. before April 30, 1,997. B. DENTAL COVERAGE — The City shall continue to provide, at no premium cost, to.City Council Members, dental service coverage for City Council members and dependents. on a.;City self- msurance basis and which. for the most. part, but with some exeeptioris, provides the following. City coverage: 1. 100% of usual, customary and reasonable .charges. for Preventative. Care; 80% of usual, customary and reasonable charges. and/or 60% of prosthodontics with a calendar year maximum. of $2,000: Allowable_ charges include nitrous oxide and fluoride sealant treatment. 2. 60 % of Orthodontics with a lifetime maximum of $4,000. 3. TMJ (Temporomandibular'Joint) benefit with the following terms and limits: a) Lifetime maximum TMJ benefit of $650.00 b) 50% co- payment from City Council member required c) Medical benefits would-be primary d) TMJ benefits included in the $2,000 per calendar year. dental maximum e) Mandatory pre - authorization required . 4. No deductible on City Council members or dependents. 5. City to pay any co-payment required as a result of services provided under City- provided Dental Program. With the approval of the City Manager, the calendar year maximum benefit may be exceeded for good cause and charged. against future years according to the following schedule: Years of Service Excess Yearly Maximum Benefit to be Charged Against Future Years 'Up to 4 $1,000 5 to 10 $2,000 I'l toJ 5 $4,000 16+ $6,000 Schedule.of ftiture years over which benefits are prorated shall be determined by the years remaining in the individual City. Council member's term office.. In the case of City City in Council members who are eligible for retirement benefits, the Manager may determine the proration schedule. If dental .-expenses e u the yearly maximum . m benefit and - the schedule above is implemented, then, the 'excess over that year's `maximum dental shall be charged against- future years' maximum: Any future year maximum that has not been used for current dental expenses ,shall be used to offset A " penditi&ies! that'ejc6edded the previous yearlyinax-irhurn. If that et the amount of deht�i ex� unused exce�s then the 3 'future annual.. nia'xi um:,is: ;not -.- suffibicrit. to consume -the' entire balance shall: be carried forward to the :fiiexit y6ar-'s future maxim. d tm- `not to.. exceed. the number of future years reftiallim ' In the: Coiuic . i meffi-bers' Germ of office':or the retired Cit .y. 'Council members' proration schedule as determined by the City Manager. 'in normal: retirement at age 50 If a'City 'Council mem terminates or-'any reason-; other than or thereafter .or fora, work -f6lated'ditabil-ity-retirement; and draws a Cal-PERS retirement benefit, the amounts charged against future years must be refunded. to .City. An. agreement to this effect must be .executed with City Council member as a condition precedent to the City Manager's approval td'e,xioeed the 6alendaf year maxiinum benefit. C. VISION CARE The -Ci will: ,cont 1niue to provide,, at. no. premium,.cost to City Council members, the vision care service coverage prograinwhich zpiovides a: vision care benefit to cover actual out-u�f­pocket costs incurred for eye. examinations, treatment,. or prescription eye-glasses or contact feriges'fbr any ffiember,ofCity Council member's immediate family as follows: 1. Up to $400 per calendar year for. each City Council members and dependent under 18 years of age. 2. Up to $400 every two (2) 'calendar years for dependents 1.8 years or older; however, an City Council members' unused vis ion care, benefit amount may be applied to . his/her dependent(s) over age 18. ' k no event shall an individual's benefit.exceed a total maximum benefit of $400 per. calendar year under this section. 405.20.2 D. DEFERRED INCOME - The City will continue to make available to. Council members a deferred income program, now being administered by NationalDeferred in cooperation with Washington Mutual Bank, FA and International City Management Association (1CMA), or .a similar program with another institution acceptable to City. There shall be no City contribution for Council members toward their deferred income program. E. RETIREMENT PROGRAM - The City will continue to make available the California Public Employees Retirement System (Ca1PERS) retirement program to eligible City Council members. There shall be no City contribution for Council members toward their CAPERS retirement program. F. USE of CITY FACILITIES — City Council members and their eligible dependents (as defined both by City eligible dependent policy and Sports Center policy),. will 'be allowed to participate with no fee imposed. in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. Other activities requiring payment of a fee can be discussed withithe City Manager for consideration of a waiver of part or all of the fee. G. COUNSELING SERVICES — The City shall pay any unreimbursed costs, up to a maximum City reimbursement of $1,000 per family per calendar year, for professional counseling service charges which are not paid. for by City- provided or other insurance which the City Council member may have.. H. BENEFITS FOR RETIRED CITY COUNCIL MEMBERS ` — Resolution. 90 =212 (Exhibit A) provided for the extension of certain health, medical, dental and vision benefits -:to retired City Council members and their spouses and/or dependents who: (a) have at least i i.years of service, with the City Council: or city, commission, (b). retire or are not re- elected, (c) are 50 years old or, more, or (d) have been covered under the city. health: insurance program for the three (3) years preceding retirement or .departure. 'Me same resolution provided for. payment of 50% of benefits for retired City Council members who (a) have less than 12 years but more than 8 years of service,' (b) retire or are not re- elected, and :who: have been covered by the city's insurance for thethree (3) years immediately preceding departure. While the provisions of Resolution 90 -212 did not require continuous years of service for coverage eligibility, Section 6.16.1 of Resolution 89-117 (Exhibit B), which refers to "Retired and/or Permanently and Totally Disabled Employees," did require at least 10 years of continuous service for Council'members As _for City employees. Resolution No. 92 -181 (Exhibit C) later discontinued the above - mentioned benefits for retired City Council members sworn in after November 10, 1992. A City Attorney memorandum dated December 9; 1994 gave opinion on the provisions .of this resolution, in particular concerning Councilmembers elected prior to November 10, 1992, . and who qualified for retirement benefits under the provisions of Res. 90-212-or were in the process of qualifying. The opinion was that if a Councilmember was eligible for qualification on November 10, 1992, but had not yet qualified, "his or her rights become vested subject to completion of the requirements for qualification." Therefore, the City agrees to pay the costs of insurance premiums for City- provided/offered health, medical, dental and vision benefits: for retired City Council members who qualified, or were in the process-of qualifying under. the provisions of Res. 90 -212 and who were sworn in before November 10, 1992- Coverage will extend to eligible dependents.' Further, for the above - described retired City Council members, the following shall apply: 1. Benefits provided under this section shall be coordinated_ with Medi -Care, Medi -Cal, and any. other .welfare program available of which said benefit coverage shall be considered primary and City- provided coverage in turn considered secondary. 2. Benefits provided under this section will continue for such retired City Council member and their legal. dependents, in any, while said retired City Council member is alive. In the event of the retired City Council member's death, coverage will continue for the spouse until the spouse dies or remarries. In addition, the benefits provided under this section will. continue for said retired or deceased retired City Council member's legal dependent children who qualify as an Internal Revenue . Service dependent until said children reach the age of twenty-three (23) or the' spouse remarries, whichever occurs earliest. 3 All benefits provided under this section are subject to the characteristics of each individual :benefit program. 4. The City agrees to pay premium, for any. future premium increases that may be necessary to maintain benefit levels in effect as when .the .einployee retires due to regular retirement, retirement due. to permanent or total disability, or death. 5. The City shall : exxend any and all future increases in benefit - coverage to retired City Council member and their spouse/legal dependents as well as deceased. Council members' spouseLlegal dependents. Said benefit coverage increases shall only apply to those: benefit programs to. which the `aforementioned parties participated in at the time of . the . City .Council member's retirement or , death. . ` In the event the aforementioned benefit.. coverage increase includes a corresponding premium increase,' the, increased. cost for same shall be borne entirely by the' retired City Council member, or spouse/legal dependent: 6. Any`. retired City. Council member, who, after retirement from the City, becomes employed elsewhere and.is.covered by medical, health, dental or vision care benefits by his/her new employer, said. coverage provided by the City, to the retired City Council member will be considered secondary to the coverage provided by his/her new employer. His /her.new employer's coverage shall be considered primary. 7. Any. spouse of a deceased. City Council member or deceased retired City Council member who is receiving benefit coverage as .provided under this section, becomes employed and is covered by medical, health, dental or vision care benefits by his/her employer, said coverage provided by the City. will be considered secondary to the coverage .provided by the spouse's employer, and his/her employer's coverage shall be considered primary. s l 405.20.2 BE IT FURTHER RESOLVED that participation by Council members in the listed programs at City expense is permissive and not mandatory and is subject to the decision of each individual City Council member. DULY AND REGULARLY ADOPTED this 8thday of January, 2002. CITY OF ROHNERT PARK Mayor . EXHIBITS: Exhibit A: Resolution No. 90 -212 —Resolution Authorizing Additional Benefits for Certain Key City Positions Exhibit B: Resolution No. 89 -117 Resolution :Outlining Certain Conditions of Employment, Fringe . Benefits, and Salary Adjustments for Non - Represented Employees Exhibit C: Resolution No. 92 -181 — Resolution Amending Resolution No: 90 -212 to Delete Certain Health, Medical, Dental, and Visual Benefits extended to Retired City Council Members %IACKENZIE: AYE REILLY: AYE SPIRO: AYE VIDAK MARTINEZ: AYE FLORES: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) F.%HIBI3I0 &20.2 RESOLUTION NO. 90- 212 A RESOLUTION AUTHORIZING ADDITIONAL BENEFITS FOR CERTAIN KEY CITY POSITIONS WHEREAS. the .City Council of the City of Rohnert Park 'recognizes that the successful operation of the City organisation is in large measure due to the interest and job dedication of certain key management employees; and WHEREAS, certain key management employees are identified as the following positions`: Mayor, City Council Members., City. Manager, Director of Administrative Services /Asst: to the City Manager. Assistant to -the City Manager,. Director of Public Works /City Engineer, Supt. of Public Works. Asst: Supt. of Public Works, Planning Director, Senior Building Inspector, Director of Public Safety, Public Safety Division 'Commanders, Recreation Director. Finance Director /Treasurer, Public Safety Supervisors (Lieutenants), and.Director of-the Performing Arts Center and WHEREAS, it is acknowledged that persons. occupying these positions are expected to put in whatever time is necessary to accomplish the responsibilities and duties of their ..positions to meet the goals of the City administration and in many instances this. rests Its in, work weeks far in excess of -the standard .40 hours per week; and WHEREAS., it is further acknowledged, and reaffirmed as City policy that persons occupying the aforementioned positions are not paid an overtime pay premium which is paid to all other employees who work o:urs over and above their normal 8 hour day or 40 hour week work schedule;.and HHERfAS. the` aforementioned positions can..and. are commonly referred to. as the. "mafiageme it team" for. City operations:; and ., WHEREAS, the Council wants to: appropriately. recognize and compensate the management team for its dedication to duties and responsibilities and at the same time to set it apart from all. other employees and to encourage 'the continuation of their high job interest and dedication' over and above .that normally demanded of .other City employees; and WHEREAS.. many other cities throughout the State of California provide extra fringe benefits to their management personnel:in recognition of the important role that the management team prays in a City's operations. NOW.. THEREFORE, BE IT RESOLVED by the Council of. the City of Rohnert Park as follows: 1. That the following fringe benefits are hereby approved for the .employees in the certain key management positions previously identified in this resolution. 1.1 Health. Insurance - Payment by City of premiums for and any deductible or co- payment required by R.E..M.I.F., Kaiser, Health Plan 'of . the Redwoods or any other offered Health Maintenance Organization. 1 1.2. Physical Examinations - Any unreimbursed costs for routine phys 1 examinations of the employee after any payments.m4de for same under City provided health insurance program which is administered by the Redwood Empire Municipal Insurance Fund (REMIT). 1.3 Counseling Service - Payment by the City of any unreimbursed costs. up: to A maximum City reimbursement of $1,.000 per family per calendar. year. for 'professional counseling service charges which are not paid for by City provided or other insurance which the employee. may, have. services ervices not covered by City provided.: healt.h. insurance programs with a maximum calendar year benefit of $1.000 per calendar year per 1.4 Life Insuran ce $50,000 each employee, $510001 spouse, and $5,000 each dependent. 1.5 Dental Coverage To pay any co-payment required as a result. of .services provided under City provided D.ental Program. 1.5.1 With the approval of the City Manager, the calendar year maximum benefit may be exceeded- for. good cause and charged against future years according to the following schedule: Excess.,Yearly. Maximum.-.'Benefit No. of•- - Employee's to,be Ch-arged Against Futur6 Years Years of Service, Future Nears :Maximums Over Which Prorate-' 5 >r 14 000 2. 000 • 4 5 .10. 11-15 y 4,0001 16 or more s 6.00 1.5.2 If an employee terminates for any tea-son.. other than normal - retirement at age 50'� or thereafter or for a work- related. disability retirement, and draws a VERS'retirement 'b 6 n e t-I 4., t6 e amounts charged ag nst -a i , I u ut re ,years must be refunded to.,. City - An agreement to this effect -:!ist*.be'.executed with.,emplbype.as condition- precedent �t6 the L-.ty Manager* .s apora­� 1 to calendar year maximum en b efit., .1.6 Admin.istration Leave Four (4) administrative leave days per 'year, Which, if not . taken in time off, shall lbe pa4d for in cash,at the end of each calendar year, i.6.* Dec. .31st. Administrative leave days are to be taken off in maximum units of one (1) day at a time and may not be used in conjunction with vacation leave or sick leave. 1.7 ..Long Term Disability Two-thirds '(2/3) of sa-lary to a maximum salary of $6,000 per month .(equals '$4,000 payment) applicable to all employees, based on salary, 2 405.20.2 1.8 Court Time-- Department of Public Safety employees who are classified as management employees shall receive the equivalent of three (3) hours pay if required to testify in court.on off -duty time. 1A Use of.City. Facilities. - Employees and their spouses will be allowed to participate,: with no fee imposed in open gym and use the weight room and locker room facility at the Sports Center when such facilities are open and also pa.raicipate in the Lap Swim Program conducted at . the City's swimming poois. Other activities in the Sports Center requiring payment of a fee can be discussed with the City ..Manager for consideration of a waiver of part or all of the fee. 2. That a family member is as defined in the City provided health plan administered by the Redwood Empire Municipal Insurance Fund. -3. That. participation at City expense of the members of the City Council and their spouses and /or dependents in the following employee benefit programs on. the same basis as.provided to the City's -.key management employees ' is authorized with 'the. condition that participation by City Council Members in the listed programs at City expense is permissive . and not mandatory.and is subject to the decision of each individual City Council Member: 1. Med.ical� &`Wealth Program 2. Dental Program 3. V.i.s,ion Care 4.. ' ' Def erred income (but without any City contribution). 5: ``Public Employees Retirement System .6 Use of City facilities 7. Contirmtion of health and medicaq coverage, dental pro$ram,.and.visi,on care benef its after retirement according to State ` haw w.iah he - exception 'Z at Council Members will be exempt .fro,,m the* provision. that they tie rec'&jving a 'retirement allortance from PEAS i "n . order to: be considered retfted-, 7.1 The City will cover costs of.-\the programs for .,City Council Members including\ their spouses, and or dependents as follows; =7:1.1 One hundred percent (10.0%)-•.for City Council Members who: (a) have at least twelve (12) years of see.vice with the City, either as a member of the C.ity Council or combined with service as .a member\ of a City Commission; aIPd (b) retire.from Citf\S ervice or are, not re. elected to office; and (c) are 50 years of age or older; `and. '' a (d) have been covered by the City's:heait} insurance programs for the three- e (3:) 'years. immed',ate.ly preceding their retirement.,'Qr-';departurLm from city service. 3 7.1.2 Fifty percent (50X)'for City Cdunci1 Members who_ (a) (b) have'les'S than twelve (I2) }dears but:ai least eight (8) years of combined service with the City; either as a member of the City Council or combined. with service a a member of a City (0mmission and retire from City - service and /or a)ze.not re- elected to office; and (c) have been covered by the City's health insurance program for the three j3) years immediately preceding.their retir service. ement or departure from City 7.2 For. purposes of this . sectlnn . a ,Counci._i Nember's term of office which exceeds three (3) years ,and.300.:._days..in.le.ngth of continuous service.. shall be cone dered as a 'fu.11 :fVur. (4).. years .i.n. length. 7.3 The.option.to a ntinue iir the programs must be exercised by the Council Member bef -ore leaving office,.. 4. That the benefits. provided in this. resolution, - Ansofar. -as. they may be made applicable; shall' made a.va l,able to PERS .retirees. f.FOm said posit who retire after July 1. 19"90. ` 4.._ 6E IT 'FURTHER.. RESOtVEO that.:the Ci.ty.Han.ager is author.i:zed aod- .directed to be responsible for the - appropriate aid :.,City vf:this•.resoi:ution -•and to provide the 'City Council peri.odi,c. reports of costs incurred by the - Ci.ty for the benefits provided heteu.nder. BE IT FURTHER RESOLVED that this reso.lution.su:p:ersedes- and rescinds. Resolutions Nos. 87.38„ '8.7 -4.7, and.89' -1 -18. DULY AND REGULARLY ADOPTED this. 11th day o.f. September, 1990." CITY OF ROHNERT PARK Mayor/ C=RM AYE ` C. AYE HOPKINS _.MMM AYE H0=GSWQW . E I EXHIBIT B 405.20.2 RESOLUTION NO. 89- 117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK OUTLINING CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR NON - REPRESENTED EMPLOYEES RESOLVED by the Council of the City of Rohnert Park that the "Outline of Pertain Conditions of Employment, Fringe Benefits and Salary Adjustments," dated 3uly 24, 1989, a copy of which is attached hereto and by references made a part hereof be, and the same is hereby approved and made applicable to all regular "dull -time and permanent part -time employees not covered by separate Memorandums. of Agreements with recognized employee organizations. DULY AND REGULARLY ADOPTED this 24th day of Jiuly,.1989. CITY OF ROHM T PARK Mayor -s: AXE ECK • A— YE - HOL-61NC:11SWORTH -- HOPKiNS- YE-. c. P.IRIO. ° AYES (.._— 5 �- --NOES (0) —A `BSENT 9 * s 405.20.2 89MISC - July 24, 1989 OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS. AND SALARY ADJUSTMENTS 1. Hours of Work 1.1 The regular work week for all employees employed as of June 30, 1986, shall. be five (5) consecutive work days, Monday through Friday. The regular work week for employees hired after June 30, 1986 shall be five (5) work days designated..by the City at its sole discretion. 1.1.1 through 1.1.3 (Numbers intentionally omitted - not used in this document) 1.2 through 1.4 (Numbers intentionally omitted and not used in this document) .1.5 Except as provided for herein., the regular work.day for all employees employed as of June 30,.., 1986 shall.consist of eight (8) hours of work. commencing at 8 a.m, and ending at 5 p.m., unless otherwise provided for, such as shift work or.other.arrangement between an employee and a. Department.Head. The regular work.day.for employees hired after June 30, 19`86. shall consist of eight-(,8) hours of work with the hours to be designated by the::City at its A.ole discretion. 2.' Overtime/C ompensatory Time 2.1 Overtime compensation' at the rate of one and one -half .times. the employee's regular hourly rate of pay shall be paid for all hours' worked; 2.1.1 In excess of forty (40) hours in any work week. 2.1`2 In excess of eight (8) hours in any one work day. 2.1.3 On any Saturday or Sunday, or Holiday as defined by this Outline .. . 2.2 Section 2.1 shall not apply to those positions which do not. receive overtime pay viz, City Manager, Director of Administrative Services /Assistant to the City Manager, Assistant to the City Manager, Finance Director, Planning Director' 'Director of Public Safety, Public Safety Division Commander, Public Safety Supervisor, City Engineer, Superintendent of Public Works, Assistant Superintendent of Public Works,. Senior Building Inspector, Recreation Director and Theatre Manager. These positions shall be considered exempt positions. 2.3 through 2.10 (Numbers intentionally omitted and not used in this document) July 24, 1989 2.11 That a maxim of thirty.(30) hours of comper. gory time off may 'be accrued by an employee by mutual agreement of -the employee and the City Manager. 2.12 "Employees, other than those in exempt positions, who are called back to work after. having left'the work site, shall be entitled. to a minimum of two (2) hours' pay at the following overtime rates: ' 2.12.1 All hours worked until midnight at time and one -half the base hourly rate. 2..12.2 All hours worked after midnight at double time the base hourly rate. 2.12.3 All hours worked on Easter, Thanksgiving Day'; Christmas Day or New Year's Day shall be paid two (2) times, their base hourly rate.. 3. Holidays 3.1 The hol 3.1.1 3.1..2 3.1._3 3.1.4 3.1.5 3.1.6.. 3.1.7 3.1"8 3.1.9 3.1.1.0 3.1.11 3.1.12 .3.1.1.3 3.1.14 3.1.15 idays observed by the City will be: January lst. . The third. Monday in January, "Martin Luther King, Jr. Day" Friday , preceding "President's Day ",, to. wit: February 16, 1990, February 15, 1991,, February 14, 1992, February 15, 1993 The third. in February, -President's Day." 12:00 noon to 5.:00 p.m., on April 13, 1990, 'March 29, 1991 and April 17; 1992, and a date to be determined.in 1993. The last Monday in May, "Memorial Day" July 4th The first Monday in September, "Labor Day" September 9th, "Admission Day" The second Monday in October,. "Columbus Day" November 11th,. "Veteran's Day" "Thanksgiving Day" Day after "Thanksgiving" December 25th .Every day.proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. - 2 - July 24, 1989 • . 405.20.2 3.1.16 Each day that the Governor declares a day of mourning or special observance_ as a holiday for State employees if the declaration makes it.applicable to City employees. 3.2 When a. holiday falls on Sunday, the following Monday shall be observed. 3.3 When a holiday falls on Saturday, the preceding Friday shall be observed. 4. Vacation 4.1 That the following vacation schedule be retained effective July 1, 1989: Years of Service Monthly Annual (Inclusive) Vacation Rate Vacation Days Up to .2 years 5/6 day. 10 3 to 5 years 1 day 12 6 'to 10 years: 1 1/4 days 15 11 to 15' 1 1/2 days. 18. Over 15 years 1 2/3 days 20 4.2 Vacation may be accumulated to a maximum.. of 30 days, provided that each employee is- required. to take .a minimum of 10' .days vacation annually.. Employees may_make special arrangements with the Department Head and the.City Personnel. Officer to reduce to five (5) days. , the minimum number of .required vacation.days to, be taken annually and /or accumulate beyond the normal maximum of 30 days, if the employee has. plans for an extended vacation. ~4.2.1 -Throughout the,year the maximum vacation accrual can exceed thirty. (30) days, however on December 31st of each year, unless.special arrangements have been.made and approved by the City.Manager, employees with accrued vacation'e.xceeding thirty. (.3.0). days will lose all days in excess of the.thirty (30) days maximum. 4.3 Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee.. 4.4 Vacation benefits .shall be earned and accrued to employees who are actively working or are taking leave due to an approved City program or benefit. Vacation benefits do not accrue to employees on absences from work for over ninety.(90)'consecutive.days whereas the employees become eligible for the City's long term.disability program for either industrial or non - industrial injury or sickness. 4.5 Seasonal, seasonal part -time and temporary employees shall not accrue vacation benefits: 4.6 Preference for vacation scheduling will be on the basis of seniority within classification. - 3 - July 24, 1989 4.7 ...Employee vacation records, i.e, accrual and use, are maintained in the Personnel Office and are open to employees either in person or via the telephonei 4.8 Regular part-time employees fringe benefits shall be as provided in City Council Resolution No. 80-140, adopted August 11, 1980, a copy of which is attached hereto. 5. Military Training - An employee may. be absent on military leave as authorized. in Section 395 through 395.8 of the Military and--Veterans' Veterans' Code of California And City—policies, The employee shall furnish to the City Manager's Office satisfactory proof of his/her orders to report for duty and of. his/her actual service pursuant to such orders. Employees with less than one year City.service shall take such leave without compensation from the .City as 'provided in the Military and Veterans' Code. 6. Fringe Benefits. Other Than Vacation and Holiday 6.1 Fringe Benefit Administration - City reserves the right to select the insurance carrier. or to self- administer any of. the fringe benefit programs provided during the term of this Outline. 6.1.1 City will continue all employee benefits and pay all premiums due for an employee out on a:n authorized leave while an employee is being compensated by.-vacation accrued time, compensatory time, industrial sick leave time and/or non- industrial sick leave time. Employees out on-maternity leave are ,only authorized to use. accrued full-pay non- _ industrial, sick leave -in,;conjunction, with accrued vacation and unused compensatory time in determining: the. time period for which the City - will contin-de to cover ..employee- benefits without: payment of premiums.by- employee. 'Employee may continue certain:employe.e benefits during an authorized, leave without pay for the period of the authorized leave by making payment to City for. said benefits. 6.2 (Number intentionally omitted and trot used.in.this document) 6.13 Sick Leave Plan The following tick leave program will be provided: LENGTH OF SERVICE SCHEDULE For regular employes who are. ill.or are disabled by a non-industrial injury, pay will be continued by the city in accordance with length of service under the following schedule: . Completed. Years Week's Benefits Week's Benefits of Service at Full Pay (Plus). at Half Pay 1 4 2 2 71 3 -3 10 4 4 4 July 24, 1989 5 - July 24, 1989 • 405.20.1 5 5 16 . 6 6 19 7 7 22 8 8 25 9. 9 28 10 10 32 11 11 31 12 12 30 .13. 13 29 14 14 28 15 15 27 16 16 26, 17 17 25 18 18 24 19 19. 23 20 20 22 21 21 21 22 22 20 23 23 19 24 24 18 25 25 17 26 or more 26 16 (1) .Annum Increase in Benefits At the completion of each employee's anniversary "year of service .",,. benef its ;wi11'be increased in keeping with the schedule. (2) How Benefits are Renewed Whenever an employee '.has worked.26 weeks or.more since the employee s last. paid disability,` the full schedule of benefits is renewed automatically in accordance with the employee's service. The employee is always .eligible for the' scheduled amount of benefits, less accumulated periods of paid disability which have ocurred since the employee worked a period of 26 weeks. (3) AQw Benefits are Calculated An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime. .(4) Notification Required . When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office. Normally, the employee's waiting period or benefits will not start until .the day such notice has been received by the City. Employees are also asked to notify the City as soon as possible when they expect to return to work. Notice may be given by'. letter, or message delivered.by a fellow employee.. It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replicements.may be handled in an orderly manner. 5 - July 24, 1989 6.3.1 Industrial Disabilities '(on the iob in 6.3.1.1 Separate Schedules— The benefits which employees are provided under the Disability Wage Plan for industrial illness or . injury are separate and distinct from the benefits provided for non- industrial illness or injury. Employees may receive separate disability wage payments for both industrial and non - industrial illnesses or injuries but not for both types at the same time and industrial benefits may not be used for non - industrial time off and visa -versa for non - industrial benefits. 6.3.1.2 Effect on Workmen's Compensation Employees who become disabled as a result of an industrial injury, Workmen's Compensation will be payable to you in accordance with the applicable laws of the State. In addition to what employees will receive from. Workmen's Compensation, however. employees will also be paid the amount, if any, by which the disability pay under the Disability Wage-Plan schedule exceeds the weekly payments provided by Workmen's Compensation. 6.3.2 General Provision 6,3.2.1 Eligibility-- Regular. empl;gyees,are.eligible for. the benefits of this Plan in accordance with the number of years of service which have been completed. 6.3.2.2: Proof.. of . Claim - :Employees, are required to support your claim.for disability allowance.'by proper medical evidence: The.Ci.ty reserves the right to decide when employees ae..disabled.and �rhen employees are able to return to ..work on. the basis of the advice of physicians. employed by, or approved by, the City. 6.3.2.3 Conditions. not Covered - Employees are. not entitled to disability pay under this Plan: (a). If sickness or injury is due to employees Willful self - injury, intoxication, the use of narcotics .or habit- forming drugs, or for illness or injury resulting from `employees willful, illegal action. (b) Employees.are injured while performing work for pay for another employer. 6'.3.2.4 Effect on Service - If employees: are absent from work because' of bona fide illness or accident, service will not be affected. Such periods of disability are counted as City. service. Thus, City regular employees. do not lose this regular status because of such absences from work. 4 6 - July 24, 1989 405.20.2 6:3.2.5 Effect on Vacations - For employees on a vacation and become ill, the Disability Wage Plan will not apply until the day employees are scheduled to return to work. The disability benefits are entirely separate from any vacation to which employees are entitled. Under most circumstances, disability absences will not disqualify employees for eligibility for a vacation. In some cases,. however, prolonged periods of disability may affect employees vacation eligibility: 6.3.2.6 Holidays during Disability - If a holiday occurs during a. period when employees ae disabled, the holiday will not be charged against. the days of disability pay for which employees are eligible. 6.3.3 Employees may use up to three (3) days sick leave for paternity leave, following the birth of a child. 6.3.4 Sick leave- benefits shall be earned and accrued to employees who are -actively working or are taking leave due to an approved City program. or benefit. Sick leave.. benefits or Accruals do not apply to employees on absences from work for over ninety (90) consecutive days. 6.4 Li ht or:timited.Duty Employees injured or ill from.either on the job (industrial) or' off the job (iron - industrial) causes may; at.the City.'s sole discretion, be assignei d. to light, limited_, or.modified duty. Such" ssignments.may be temporary or permanent. They. may involve duties` that differ from the normal work.duties of the employee:.. Such light, limited„ or modified duty shall terminate when the employee is physically able to perform all his/her. normal work duties. 6.5 Eipployee Death - Upon death of an employee,. any unused vacation and compensatory time shall be.paid to.the employees surviving spouse or bendficiary. 6.6 Medical and Health.- That.the City continue to provide, at no premium. cost to employees and dependents:, medical/health program provided by the Redwood Empire Municipal'Insurance Fund (REMIF),. including its maternity benefits, and.City agrees to absorb any increases in premium for same during:the term of.this Outline. 6.6.1 Employees may choose an 'available Health Maintenance Organization (HMO) offered by the City for their medical/health insurance overage. The City's contribution of premium.for said coverage shall not exceed'the premium for the R.E.M.I.F. 'Plan plus 50% of the' difference between. the R.E.M.I.F. Plan and the Kaiser Plan or Health Plan of the Redwoods, whichever pertains. - 7 - July 24, 1989 6.7 Dental Program That the City continue to prow_ z, at no premium. cost =to employees, the dental service coverage program presently in effect for employees and dependents on a City self - insurance basis and which for the most part, but with some exceptions, provides the following City coverage: .:6.8 WIM 6.10 6.7.1 80% of Usual, Customary and Reasonable charges .and /or 60X of prosthodontics with a calendar year maximum of $2,000. 6.7.2. 60X of Orthodonics with a lifetime maximum of $3,000. 6.7.3 TMJ (Temporomad= ibular Joint) benefit with the.following.. terms and limits: a) Lifetime maximum TMJ benefit .$650.00 b) 50% employee co- payment required C) Medical benefits would be primary d) TMJ benefits included in the $2,000 per calendar year dental maximum e) Mandatory pre - authorization required 6.7.4 No deductible. on . employee or dependents.. 6:_;7.5 Employees are'-'eligible to -voluntarily use Gateway Dental Office located on Redwood Drive,.Rohnert Park. Gateway Dental .agrees to cover the employees' co- payments in full for dental services provided by them. City intends to contact other local dental groups and dentists to attempt to secure a similar program offered ..by . Gateway Dental. Vision Care'- That the City .continue to. provide,.at'.no_.premium cost to employees, the 'vision; care service cover., age program.. .which:provides.a vision care benefit of up.to $350 per calendar year for each employee and dependent under 18 years of age and-up-to every, two (2) calendar years for dependents _18 years or older to- cover actual out - of- pocket costs incurred for eye examinations:; treatment., or pre9cri.ption eye- glasses or contact lenses for any member of employee's immediate.family. Adoption That the City provide a.$600 per child cash benefit to .employees adopting minor children .to help offset the cost of adoptions.. This cash.benef t does:not include the cost of adopting step. - children; i.e.: children of present spouse. Bereavement Leave - An employee shall be paid.. up to forty (40) hours of bereavement leave to attend a funeral or- services because of a death.in the immediate family. For the purpose of bereavement leave, immediate' family shall mean spouse, - father, father -in -law, mother, mother- in -l.aw, brother; sister, child (including stepchildren), stepparents,. grandparents and grandchildren and relationships in loco parentis. Payment for bereavement leave shall only be.made under the provisions set forth above.. 8 - July 24, 1989 t M . 405.20.2 6.11. Funeral Benefit.- City will provide a fifty percent (50X) co- payment, not to exceed $2,000; for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated.with any and all other funeral benefits that may be payable to employee or spouse. 6.12 Long -Term Disability Insurance - That the City continue to provide, at no premium cost to employees, the long =term disability income protection insurance coverage now•being provided. .(Presently Standard Insurance Company Group Policy No. 324791). The basic benefit.shall be 66 2 /3X of the employee=s monthly base pay with a maximum benefit of $2,000. 6.13 (Number. intentionally. omitted and not used in this document) 6.14 Life Insurance 6.14.1 That'the City will continue to provide, at no premium cost to employees, .$10,000 life. insurance coverage .provided to employees.' and $1,000 for dependents, and. which coverage includes accidental death.and dismemberment benefits. 6.14.2 That the City :allow, subject to the ..insurance:. carrier's approval, any employees to. purchase,, at their own cost, additional life insurance coverage under the City's group program. 6.;15 Deferred Income - That the City will continue to make.available to the employees a deferred income program, now•.being administered.by Great Western Savings. and Loan Association or a similar program with another institution acceptable to City. 6..16 _ Retired and /or Permanently and.-Totally Disabled Employees That the City 'will provide med=ical and health coverage, dental program; and vision care benefits to the.following:. 6.16'.1 To employees who have at least ten (10) years .of continuous service with the.City and who retire upon reaching normal retirement age or thereafter. Coverage will extend to :eligible dependents. Retirement is when an .employee is receiving a retirement allowance.,from PERS. 6.16.2 To employees who have at least ten;(.10) years of continuous service' with the'..City and who become permanently or totally disabled. `Totally disabled will be.construed as having a disability rating in excess of 56%. 6.16:3 To the surviving spouse and dependents of an employee who died while a City employee after ten (10) or more years of continuous service with the City. 6.16.4 Benefits provided under this section shall coordinate with Medi =Care, Medi -;Cal, and any other welfare program available to the employee, which shall be primary to City provided coverage which is determined to be secondary. In addition, the benefits are subject to the characteristics of each program. 9 - July 24,1989 6.16.5 The b--efits provided under this sec,_ . n will continue for such designated employees while said employees are alive. In the event of the employee's death, coverage will continue for the employee's spouse until the spouse, dies or remarries. Coverage will also continue for the employee"s legally dependent children who qualify as an Internal Revenue Service dependent. until the children reach the.age of 23 or the employee's spouse remarries, whichever occurs earliest. 6.16.6 City agrees to pay premium or any future premium increases that may be. neces.sary to. maintain benefit levels in effect as when the employee retired. 6.17 (Number intentionally omitted and not used in this document) 6.18 Education and Training - That the City will continue to provide reimbursement to employees for tuition and book costs only for attending and completing, with a satisfactory grade, courses in the adult high school program, at Santa Rosa Junior College., at Sonoma State University, or any other educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be prdviously approved by the Department Head and the City Manager prior to the :start of said classes and approval requested on the appropriate - City-form:. 6.19 Lonzevit: Pay, That the City continue to. provide longevity pay to employees based on.,cont . inuous years of service ce a . s follows: Completed Years. Pay Percentage of -Servi ct Increases 5 -years .2% For each,completed 1/2% year thereafter 6.20 The maximum longevit y pay to be, paid shall be 10% of base . . percet pay. . The "completed- years of service" will tie determined 'on January 19t and July 1s I t only and notion an. employee' -s employment anniversary dat&. 6.20.1' That-the City will continue to provide the P.E.R.S. retirement program-to miscellaneous member employees. 6.20.2 Effective* on or before.January 1. 1990, .. the City will amend its contract with T.E.R. S.. to. provide the "one-year highest compensation" optional provision.per P.E.R.S. Section 20024.2. 6.20.3.' That the City will absorb any employer contribution rate increases for - miscellaneous -members required by P.E.R.S. 6.20.4 That, during"the. term of .this outline, the City will continue to -.pay the 7% employee's contribution to P.E.R.S. and will allow. said payment to be credited to the employee's account. .10. July 24, 1989 . 405.20.2 6.21 City will continue to provide the. Dependent Care Assistance Program (DCAP) as authorized by the IRS.and. the City agrees to investigate and possibly implement additional programs for the set -aside of employee pre =tax dollars for. uncovered medical. expenses, legal service programs, insurance programs or other qualified benefits as approved by the Internal Revenue.Service (.IRS) and.the California Franchise Tax - Board. 6,22 Compliance with .Internal Revenue Code Section 89 - The Employee Retirement Security Act (ERI.SA) Section 402 plan documentation requirements and IRC Section 89 .basic. qualification standards, the City states the. following in regard to its employee benefit plans: 6.22:1 That the City has established and maintains core medical, dental, vision-and' life insurance benefit plans in writing for .qualified employees; 6.22.2 That eligible employees are provided with legally enforceable rights to benefits under these plans; 6.22.3 That the City provides reasonable written notification to eligible employees of benefits available under each plan; 6,22.4 That the City has: established these plans for. the exclusive benefit of, i.ts:eiigible employees; and 6,22:5 Plan. Amendment. and, Termination. Pursuant to the terms in the . group insurance. contract (.$), the City can amend or terminate the group insurance contract(s) through which benefits .are provided "under the plan. Although the City established the plan. with the.intent.to maintain it indefinitely, the employer can.. amend: or terminate the.plau at any time. The City.'s de:cisi:on to amend or terminate the group insurance coritract(s) or the plan are not fiduciary decisions. that must be- made. solely in the interest. of the employees, but are ..business: decisions that can be made solely in the City's - .interes.t.. 7. through 8. "(Numbers intentionally omitted and not used in this document) 9. Salaries /Cost of Living 9:1 That the salary rates presently in effect (at June 30, 1989) will be adjusted by 4% for exempt positions and 5. 71 /2X for other positions effective August 1, 1989. That; ta cost of: living adjustment be provided effective February 1, 1990 to all employees of..the City.coyered by this outline: Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S:. Department of Labor. The parties agree that said adjustment is that representing the percentage increase, in the cost of living between the June 1989 index and the December 1989 index less 1 1 /2X but in no event shall the adjustment exceed 7% *or be less than 3 1 /2x. = 11 - July 24, 1989 9.3 That a furthe'. .ost of living-adjustment be pi ided effective August - 1, 1990 to all employees of the City covered by this outline: .Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of -� diving between.the December 1989 index and the June 1990 index less 1 1/2X but in no event shall the adjustment .exceed 7X or be less than 3 1 /2X. 9.4 That a further cost of living. - adjustment be provided effective February 1, 1991 to all employees of the City covered by this outline. Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the 'U.S. Department of Labor: The parties agree that said adjustment is that representing the percentage increase in the cost of living between the June 1990 index and the December 1990 index less l 1/2X but in no .event shall the adjustment, exceed 7% or be Tess than 3 1 /2X. 9.5 That a .further cost of living adjustment be provided effective August 1, 1991 to. all employees of the City covered by this outline.. ' Said adjustment is to reflect the increase in the:cost.of living index for the San Franc isco= Oakland area as shown in the Consumer price . Index. titled "Urban Wage Earners and. Clerical Workers -..All Item Indexes" issued by the U.S..` Department of Labor...: The parties agree that said. .adjustment is that representing the percentage. increase in'the.cost of living between the December 1990. index.-::,and. June 1991 index less 1 1 /2X but in no event shall the-adjustment exceed 7% or be less than.' 3 . 9.6 That a further cost of''living adjustment, be provided effective ..February 1, 1992 to all employees of the City covered.by this outline. Said adjustment is to reflect the. increase.:in.the cost of living index for the San prancisc6- Oakland area as shown in the Consumer Price. Index. titled "Urban Wage Earners and.Clerical Workers - All Item Indexes" issued by the U.S. Department of: Labor. The parties agree that said adjustment is.that representing the percentage increase in the cost 'of living between the June 1991 index and the December 1991 index less 1'1 /2X but ircn'o event shall the adjustment exceed 7% or be less than 3 1 /2X. 9..7 That a further cost of living adjustment be provided effective August 1,,..1992 'to all employees of the.City covered by this outline. Said adjustment is`to reflect the increase in the cost of .living index for the San Francisco- Oakland area as shown in the, Consumer Price Index titled "Urban Wage Earners and Clerical Workers = All Item Indexes" issued by the U.S. Department of Labor.. The parties agree that said adjustment is that representing the percentage increase in the cost 'of living between the 'December 1991 index and the. June 1992 index less 1' 1 /2X but in no event shall the adjustment exceed. 7% or be less than 3 1 /2X. - 12 - } July 24, 1989 10. 11. 405.20.2 9.8 That a further cost of living adjustment be provided effective February 1, 1993 to all employees of the City covered by this outline. Said adjustment is to reflect-the increase in the cost of living index for the San Francisco- Oakland area as shown. in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of living between the June 1992 index and the December 1992 index less 1 1 /2X but in no event shall the adjustment exceed 7% or be less than 3 1 /2X. 9.9 through 9.11 -(Numbers intentionally omitted and not used in this document) 9.12 Pay Checks - Pay checks shall be distributed by City to employees by noon on pay day. Alcohol :- The City will continue to assist employees who have alcohol or alcohol related .problems. It is acknowledged that cooperative efforts will give" employees a much better.opportunity to recover from this very serious health problem. Physical Fitness . -.City acknowledges the importance of employees maintaining, proper physical and mental condition in or to- perform job duties in a manner acceptable'to. the:City...:City. can,, at its option and ,cost, require a complete - physical examination for- any or all employees at any time to determine job fitness. ...• T1.1 through -11.3 .(Numbers intentionally omitted and not used in this document.):. 11::4 To assist employees in maintaining. proper fitness, proper diet and ...consistent ,weight control, the. City will pay.50% of a qualified dietary and.we ght reduction .program approved by the City, The 50% payment %shall not exceed.. $200.60. and shall be paid 25% upon reaching goal weight and certified by..a weight loss consultant and.the balance. <of ,25% six (6), months after reaching goal.weight if goal weight As maintained. Goal" weight is defined as the maximum weight allowed' under . the:.City's height /wei &ht.relationship requirements or a lower amount as.. required by. the. dietary. and weight` control program. Payments will :be made as-a reimbursement. 12. Smokine 12.1 In recognition: of the nation- wide - concern with 'smoking and the. relationship it has to'heart disease. City agrees to provide a $25 pay premium to all employees who - refrain completely from the use of. tobacco in.. any form. Any employee receiving the .pay premium.for not smoking and who starts smoking,, shall rebate to City all paid non- smoking premium paid by the City to said employee during the immediate 12 :months preceding.. 12.2 Employees hired with a condition that they not smoke shall be required to remain non - smokers throughout their employment. A non - smoker shall not smoke or use any tobacco product either on or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to verify continued non - smoking status. - 13 - July 42, 1989 12.3 The City i. nds to hire new employees wit the clearly expressed condition of employment that they refrain from smoking. The City acknowledges its right to take appropriate disciplinary actions should any, such employee hired violate the agreed upon conditions of employment. Prior to final disciplinary- action being taken, City will refer. the employee to an employee assistance program for consultation . ,. and referral. z 13. Residency 13.1 through 13.2 (Numbers intentionally omitted and not used in this document) 13.3 All employees are encouraged to reside within the City. All employees residing within Rohnert Park shall receive a $36 per month. residency bonus which amount shall be adjusted for any City. enacted increases for water, sewer or garbage service .to single family residences. 14. Grievance Policy and Procedure - City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979, a copy of which is _attached hereto. Failure to meet .any time fine or specifically comply with any other.requirement of the grievance procedure constitutes a. specific waiver and is a bar to:further consideration of the grievance. 15. (Number intentionally omitted and riot used in.this: document) 16. Use of City Facilities Employees will to. participate with no fee imposed in open gym.time and. use the weight room and. locker room facility at the Sports Center. when such facilities: Are._.open and also ..participate in the Lap Swim Program conducted at the City's swimming. pools.. Other, activities' requiirii-& payment of •a fee can: be .discussed with the City Manager for consideration of a waiver of part or all. of .the fee. 17.. Management Rights = Except as limited in this Outline and applicable State laws, the, exclus ve'rights of the City shall include,-but, hot . be limited to, the right to determine the'organiza don`of city government and the purpose and.mi sion of its departments and -agencies, ..to set standards of service to be. -offered to .the' public; and through its management officials to exercise control and discretion over its,orgatization and operations.; to- establish and effect administrative regulations which are consistent with law and the specific,. provisions'` of this Outline; to direct its employees; to take disciplinary action; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds; to determine whether goods or services shall be made, purchased, or contracted for; to determine the .methods, means and personnel by which the - City's services are to be provided ;. including the right to schedule and assign work. and overtime;;' and to otherwise act in the interest of efficient service to the City. 18. Work. Curtailment. (No Strike avtt?1 - Under no circumstances shall any employees individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of job action,, curtailment of work, restriction of production or restriction of service during the term of this Outline. 14 - ,....�? July 24,. 1989 v � 405.20.2 19. Personnel Rules and Regulations - City acknowledges that it is currently updating its Comprehensive Personnel Rules & Regulations. 20. (Number intentionally omitted and not used in this document) 21. Term of Outline 27.1 This.Outline is to become effective on July 1, 1989. 27.2 This Outline will terminate on June 30, 1993. 22. (Number intentionally omitted and not used in this document) 23. Employee Performance Evaluation 23.1 Employees shall be provided with a copy, of his/her performance evaluation twenty -four (24) hours prior to the evaluation.interview. 23.2. Employees have the right to respond in writing to the evaluation report should they so desire.. Said responses should be-submitted to the reviewer no later than seventy -two (72) hours after the evaluation interview.. 24. Personnel Files - Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her -by the City. . Employees have the right to respond.in writing to anything .contained or placed, in their personnel file and any such responses shall become part of the personnel file. 25`through.29 (Numbers intentionally omitted .and not used in this document) 30. Invalidation 30'.1 If during the term of this Outline, any item or'porton„ thereof of this.Qutline is held to be "invalid by operation of any.applicabl.e law, rule, regulation, or order issued. by governmental authority or tribunal of competent jurisdiction., or if compliance with. or enforcement of the item or portion thereof shall be restrained by any tribunal, such. provision. of this Outline shall be immediately suspended and be of no effect hereunder so long as such law,. rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion which shall continue in full force and.effect. 30.2 In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or'section. - 15 July-24, 1989 405.20.2 RESOLUTION NO. 92- 181 A RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING RESOLUTION NO. 90 -212. TO DELETE CERTAIN- HEALTH, MEDICAL, DENTAL., AND VISUAL BENEFITS EXTENDED TO RETIRED CITY COUNCIL MEMBERS WHEREAS Resolution No. 90 -212 was adopted by the.Rohnert . Park City Council on September 11, 199.0, and WHEREAS Resolution. No.. 90 -212 provides for the .extension of certain dental, health, medical and visual care benefits to city employees and C.ouncilpersons subject to the conditions outlined in state law, in Resolution No 90 =212., and,.in.City policy, and WHEREAS the City Council has determined that-payment of medical, he' e alth,.'.dental. and. visual and other health related provisions for retired City Councilpers'ons s' not in the public interest, and WHEREAS. the:City_Council has determined to: discontinue the Policy of paying the cost of insurance premiums for medical., .health, dental, visual and other health related costs or assessments for those Councilpersons who are sworn in..as Councilpersons on or after the date of this Resolution.. NOW THEREFORE BE IT HEREBY RESOLVED by the Rohnert Park City .Council that the following language be and the same is hereby deleted from pages 3 and 4 -of Resolution No. 90 -212: 117. Continuation of health and medical coverage, dental program, and vision care benefits after retirement according to State law With the exception that. Council Members will be exempt from the provision that they be receiving a retirement allowance from PERS in order to be considered retired. 7.1 The City will cover costs of the programs for City Council Members including their spouses and or dependents as follows: 7. 1.1 One 1 idred percent (100 %) for -ty Council Members who: (a)- have at least twelve (12) years of service with the City, either as a member of the City Council or combined with service as a member of a City Commission; and (b) retire from City service or are not re- elected to office; and (c) are 50 years of age or older; and (d). have been covered by the City's health insurance program for the three (3) years immediately preceding their retirement, or departure from city.service. 7.1.2 Fifty percent (50 %) for City Council Members who: (a) have less.than twelve (12 years but at least:. eight (8) years. of.combined service with the City, either as a member of the City.Council or.combined with'service as a member of a City Commission; and (b) retire from City service.and %or are "not re- elected to office; and (c) have been covered by the City 's.heaith insurance ; •prog >rain ,for the three.. _ (3) years . immediately..precedi,ng their retirement or departure from City service. 7.2 For purposes of..this section, a Council Member's term of office which exceeds three (3) years and 300 days in length of continuous - service shall be considered as..a full -four :(4) Years in length 7.3. The option to continue in the programs must;be exercised by the_Council Me -mber before leaving office." BE IT FURTHER RESOLVED that the following paragraph 7 be and the same is hereby added-to Resolution No. 90 -212 to read and provide as follows: 117.. City Councilpersons who complete at least one..:full four (4). term and who agree to pay the full cost of all. 2 Y ) Resolut No. 92 -181 405.20.2 premiums for benefits selected shall have the right to .continue health and welfare benefits after completion of a full term or.after retirement from City service." DULY AND REGULARLY PASSED BY THE ROHNERT. PARK CITY COUNCIL THIS 10th DAY OF Nov.. , 1992. AYES.: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, Spiro NOES: (0) None ABSENT: (0) None ATTEST: i APPROVED' 3 qnS 3y. / RESOLUTION NO.. 2006 - 206 RESOLUTION ADOPTING UPDATED EXPENSE REEMURSEMENT AND USE OF PUBLIC RESOURCES POLICY WHEREAS, Government. Code section 36514.5 provides that city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties; and WHEREAS, the City of Rohnert Park ( "City:') adopted a "Policy for Reimbursement of Expenses for City Council Members" by Resolution No. 2004 -19; and WHEREAS, the City adopted a Policy for "Expense Reimbursement and Use of Public Resources" by Resolution No. 200642; and WHEREAS, Assembly Bill 1234, which took effect on January 1, 2006, adds Article 2.3, commencing with Government Code section 53232, to the Government Code, addressing expense reimbursement to public officials; and WHEREAS, this policy satisfies the requirements of Government Code sections 53232 and following; WHEREAS, the.City Council .wishes to consolidate its expense reimbursement policies into one resolution; NOW, THEREFORE, the City Council resolves that Resolution Nos. 2004 -19 and 200.6 -42. are hereby repealed•, and BE IT FURTHER RESOLVED -that the updated 'Expense Reimbursement and Use of Public Resources Policy;" attached as Exhibit A to this Resolution, is hereby adopted. DULY AND REGULARLY ADOPTED this 8`' day of August, 2006. ATTEST: CITY OF ROM —��^ City Clerk BREEZE: A)LEE FLORES: AYE MACKENZEE: ABSENT VIDAK- MARTINEZ: AYE SMITH:. AYE AYES: (4) NOES: (0) ABSENT: (I) ABSTAIN: (0) . EXHIBIT.A MY OF ROHNERT PARK EXPENSE REDMURSEMENT AND USE OF PUBLIC RESOURCES POLICY WHEREAS, the City of Rohnert Park ("City ") takes its stewardship over the use of its limited public resources seriously; WHEREAS, public resources should only be used when there is a substantial benefit to the city; and WHEREAS, such benefits include: 1. The opportunity to discuss. the community's concerns with state and federal officials; 2. Participating in regional; state and national organizations whose activities affect. the City; 3. Attending educational seminars designed to improve officials' skill and information levels; and 4. Promoting public service and morale by recognizing such service; and WHEREAS, 1) legislative and other regional, state and.federai agency business is frequently conducted over meals,, 2) sharing a meal with regional,. state and federal officials is frequently the best opportunity for more. extensive, focused and uninterrupted communication about the City's policy concerns;. and 3) each meal expenditure must comply with the limits. and reporting requirements. of local, state and federal law; and WHEREAS, this policy provides guidance to elected and appointed. officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measure; and WHEREAS, Municipal Code Section 2.12.050 provides that City Council Members are to be reimbursed for actual and necessary expenses incurred in the performance of official duties for the City; and WHEREAS, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources; and WHEREAS, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax law; and cos, 3F; / . WHEREAS; this policy also applies to any charges made to a City credit card, cash advances or other line of credit. The City's expense reimbursement policy is set forth below: AUTHORIZED EXPENSES City funds, equipment, supplies.(including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: 1. Communicating with representatives of regional, state and national government on.City.adopted policy positions; 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Participating in regional, state and national organizations whose. activities affect the City's interests; 4. Recognizing service to the City (for example, thanking a longtime employee with. a retirement gift or celebration of nominal value and cost); 5. Attending City events; and 6. Implementing a City - approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member. All other expenditures require prior approval by the City body. The following expenses also require prior governing body approval: 1. International and out=of -state travel. Examples of personal expenses that the City will not reimburse include, but are not limited to: 1. The personal portion of any trip; 2_ Political or charitable contributions or events; 3. Family expenses, including partner's expenses when accompanying official on agency- related business, as welt as children or pet - related expenses; 4. Entertainment expenses, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; 5. Non - mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 6. Personal losses incurred while on City business. any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred: COST CONTROL To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to -the following guidelines. In the event that expenses are incurred which exceed these guidelines,'the cost.borne. or reimbursed by the city will be limited to the costs that fall within the guidelines. TRANSPORTATION The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using. the . most direct and time- efficient route. Government and group rates must be used when available: Airfare - Airfares that are .equal or less than those available through the enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California. State Association of Counties (http: / /www.csac.tount.ies.org) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Automobile - Automobile mileage is reimbursed at Internal. Revenue Service .rates in effect at the time the expense is. occurred. These rates are designed to compensate the driver for gasoline, insurance, maintenance; and other. expenses associated with operating the vehicle. This amount does not include.bridge and road tolls, which are also reimbursable. Car Rental - Rental rates that are equal or less than those available through the State of California's website ( httpJ/ w. ww .catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy: Taxis /Shuttles - Taxis or shuttles fares maybe reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time- efficiency. LODGING Lodging expenses will be reimbursed or paid for when travel on official- City business reasonably requires an overnight stay. Conferences/Meetings - If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group. rate is not available, see next section. Other Lodging - Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http:// www. catravelsmart.com/lodg.uideframes.htm. Lodging rates that are equator less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the General Services Administration per diem rates for a given area are presumed reasonable and hence reimbursable. MEALS Meal expenses and associated gratuities will be reimbursed at'the rates specked in the General Services Administration published per diem rate The City will not pay for alcohol/personal bar expenses. TELEPHONE/FAX/CELLULAR Officials. will be reimbursed for actual telephone and fax expenses incurred on City business: As necessary, officials will be provided a city - owned fax machine and any other equipment* as the City Council determines necessary to use in the conduct of its official business. Telephone bills should identify which calls were made on City business. For cellular calls when the official has a particular number of minutes included in the off cial`& plan, the official can identify the percentage of calls made on public business. AIRPORT PARKING Long -term parking must be used for travel exceeding 24- hours. Lei C 1 _t Baggage handling fees of up to $ I per bag and gratuities of up to IS percent will be reimbursed. Expenses for which City officials receive reimbursement from another agency are not reimbursable. SPRECKELS PERFORMING ARTS CENTER Each official shall be, issued one complimentary ticket for each performance at the. Spreckels Performing Arts Center. CASH ADVANCE POLICY From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted on a Check Requisition form to the Director of Administrative Services seven (7) days prior to the need for the advance with the following information: I. The purpose of the expenditure(s); 2. The benefits of such expenditure to the residents of City; 3. The anticipated amount of the expenditures) (for.example; hotel rates, meal costs, and transportation expenses); and 4. The dates of the expenditure(s): Any unused advance must be returned to the Finance Departmentmithin one week of the official's return, along with an expense report and receipts documenting how the advance was, used in compliance with this expense policy. In the event the Director of Administrative Services is uncertain as to whether a request complies with this policy, such individual must seek resolution from the:City governing board. . CREDIT CARD USE POLICY City does not issue credit cards to individual office holders but-does have an agency credit card for selected City expenses. City office holders may request the City to use the City's credit card for such purposes as airline tickets and hotel reservations. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be .submitted by. the cardholder when received to the Finance Department. City credit cards may not be used for personal expenses, even if the official subsequently reimburses the city. There will be no cash advances on credit cards. EXPENSE REPORT CONTENT AND SUBNIISSION DEADLINE All cash advance. expenditures, (credit card expenses) and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory: All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is, a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and crimmal'penalties as well as additional income tax liability. Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and h ow _those relate to the City's adopted legislative positions and .prioritises. Officials must-submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also ,past of the necessary documentation.. Inability to,provide.such documentation in a timely "fashion may result in the expense being borne. bythe'official. AUDITS OF EXPENSE REPORTS All expenses are subject to verification that they comply with this policy. REPORTS TO GOVERNING BOARD At the following City governing body meeting, each official shall briefly report on meetings attended at City expense. If multiple officials, attended; a joint report may be made. COMPLIANCE WITH LAWS City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act. VIOLATION OF TWS .POLICY Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to. state and federal tax authorities, 4) civil penalties of up to $2;000 per day and three times the value of the resources used, and S) prosecution for misuse of public resources.