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HomeMy WebLinkAbout2014-10-14 - Personnel-Risk Management Committee Meeting Agenda PacketYorba Linda '"Water District AGENDA YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING Tuesday, October 14, 2014, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE STAFF Director Phil Hawkins, Chair Marc Marcantonio, General Manager Director Gary T. Melton Gina Knight, HR and Risk Manager 3. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 4. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 4.1. Revised Employee Compensation Letters to Incorporate New Management Position Recommendation: That the Committee recommend the Board of Directors consider and approve the revised Employee Compensation Letters for both Management and Supervisory /Confidential employee groups. 4.2. Claim Filed by William P. Austell, Jr. Recommendation: That the Committee recommend the Board of Directors reject the claim submitted by Mr. Austell and refer it to ACWA/JPIA. 4.3. Claim Filed by Brett M. Murdock, Esq. on behalf of Sharla Worth Recommendation: That the Committee recommend the Board of Directors reject the claim submitted by Brett M. Murdock, Esq. on behalf of Sharla Worth and refer it to ACWA/JPIA. 4.4. Claim Filed by Hari Soeharjono Recommendation: That the Committee recommend the Board of Directors reject the claim submitted by Hari Soeharjono and refer it to ACWA/JPIA. 5. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 5.1. Status of Assessment of Job Descriptions and Titles (Verbal Report) 5.2. Status of Performance Evaluations (Verbal Report) 5.3. Status of Policies and Procedures (Verbal Report) 5.4. Human Resources, Risk Management and Safety Activity (Verbal Report) 5.5. Future Agenda Items and Staff Tasks 6. ADJOURNMENT 6.1. The next Personnel -Risk Management Committee meeting is scheduled to be held Wednesday, November 12, 2014 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. Meeting Date; To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT October 14, 2014 Personnel -Risk Management Committee Marc Marcantonio, General Manager Gina Knight, HR /Risk Manager Dept: Gina Knight, HR /Risk Manager ITEM NO. 4.1 Human Resources /Risk Management Revised Employee Compensation Letters to Incorporate New Management Position The District's Board of Directors approve revisions to the Employee Compensation Letters for both the Management and Supervisory /Confidential employee groups. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors consider and approve the revised Employee Compensation Letters for both Management and Supervisory /Confidential employee groups. DISCUSSION: The District's Board of Directors approved the promotion of the Public Information Officer to a Public Information Manager position at the September 25, 2014 Board of Directors regular scheduled meeting. As a result of the Board action staff revised the authorized classification lists for both compensation letters. In addition, staff reviewed both compensation letters for clarification purposes and noticed that specific benefit language needed to be revised. ATTACHMENTS: Description: DOCSLA- #653361 -v2- Exhibit A Resolution No 12- Exhibit 07 Amended by Reso 14 -XX on 10- 21- 2014.doc DOCSLA- #653358 -v2- Exhibit A Resolution No 12- 08 amended by Reso 14 -XX - 10 -21- Exhibit 2014 for SC.doc Exhibit A Resolution No. 12 -07 Employee Compensation Letter And Pay Plan for Management Employees Fiscal years: 2012 -2015 The General Manager shall prepare an Employee Compensation Letter for consideration by the Board of Directors. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Management Employee Group (Exhibit B). II. Effective July 1, 2012, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2012 -2013. III. Effective July 1, 2013, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2013 -2014. IV. Effective July 1, 2014, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2014 -2015. V. The District's current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. VI. Effective July 1, 2012, all Management Employees shall pay 43% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 3% of compensation). VII. Effective July 1, 2013, all Management Employees shall pay 71% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 5% of compensation). VIII. Effective July 1, 2014, all Management Employees shall pay 100% of the statutory CalPERS employee contribution rate to CalPERS. Individuals hired by the District on or after January 26, 2012, the date Resolution No. 12 -01 was adopted, shall be enrolled in the 2% @ 60 retirement formula and shall pay 100% of the statutory CalPERS employee contribution rate to CalPERS. All payments will be credited to the employee's individual account with CalPERS. IX. AB 340 - Paragraphs, V, VI, VII and VIII above, shall be subject to the provision(s) of AB 340. AB 340 (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist. Any provision in the Resolution No. 12 -07 which contradicts any provision of AB 340 shall be 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Management employees who are "new members" as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) 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. (AB 340 — Government Code section 7522.30) Management Employees who are "new members" as defined in the above AB 340, shall be enrolled in the AB 340 provided for 2.5% @ 67 retirement formula, (Government Code section 7522.20), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code section 7522.32(a)) X. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to PERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. XI. Effective January 24, 2013, all Management Employees hired or promoted on or after January 24, 2013, to such a position are at -will employees of the District and serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Management Employee position prior to January 24, 2013, are not at -will employees of the District and maintain the appeal rights as set forth in the District's Personnel Rules. XI 1. Each employee will be annually reviewed. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an employee who receives an exceeds job expectations evaluation, shall be allowed to move up to two (2) steps. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee's anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 XIII. Management Employees shall accrue vacation leave time with pay as follows: Duration of Continuous Hours Accrued per Pay Period Regular Employment During 1St through 60th month (1 -5 yrs) 3.077 hrs = 2.0 weeks /yr During 61St through 120th month (5 -10 yrs) 4.615 hrs = 3.0 weeks /yr During 121St through 1801h month (10 -15 yrs) 5.384 hrs = 3.5 weeks /yr During 181St through 240th month (15 -20 yrs) 6.153 hrs = 4.0 weeks /yr During 241 st month and thereafter (20 + yrs) 6.922 hrs = 4.5 weeks /yr XIV. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full -time regular Management Employee under age 70, on the first day of the month following their date of hire, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Management Employees may purchase additional life insurance in Grease the Geverage up to fiv time's annual salary not to eXGeed $300,000 by authorizing the additional premium to be deducted from his/he their salary. In addition, a Management Employee can purchase life insurance for their spouse up to half of their elected amount. Some medical restrictions may apply. XV. The District shall pay 100% of the premium for hospital and medical insurance fogy all Management Employees who work in excess of 30 hours per week, after they have worked few two calendar months effective the first of the month following date of hire and e-p--te 2/3 of the additional premium toward Management Employee dependent coverage for covered employees with one or more dependents or up to of the additional Management Employees with mere than one depenc�-rac°Trt in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management employee shall pay the cost of the difference in premium, to be deducted from his/he their salary to cover the employee's 1/3 share of the dependent coverage. The Management Employees shall have the eptien of seleGting a DistriGt eacsignated -- Health - -Maain eTnG Organization ("HMO"). The DiStriGt centrobutien fer HMQ GOverage will be in aGGordanGe with this paragraph. XVI. The District shall pay 100% of the premium for dental insurance for all Management Employees who work in excess of 30 hours or more per week, after they have werkeid fer tWO galenrdar months effective the first of the month following date of hire and o 2/3 of the additional premium toward Management Employee dependent coverage for covered Management Employees with one or more dependents or up to 2/3 of the ffrnevTred Management Employees with more than one dependen in accordance with the provisions `"'o77f any contract between the `"DNNistrict and any company or companies of the District's choosing. The individual 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 Management Employees shall pay the cost of the difference in premium, to be deducted from his/her their salary to cover the employee's 1/3 share of the dependent coverage. The Management Empleyees shall have +ho qAion of seleGtiRg "Delta GaFe" with the Gontribution foF "Delta Care" t in aGGOrdanGe with this paragraph XVII. District shall pay 100% of the premium for vision insurance for Management Employees who work in excess of mere thaR 30 hours or more per week, effective the first of the month following date of hire en the fiFst day of the month fOlIE)WIRg their - datorYe and up4o 2/3 of the additional premium toward dependent coverage for covered Management Employees with one or more dependents E)r up to 2i3 E)f the additiGRal premium teward dependent Goverage feF GGvered Management Employees with mr)re than „no depeR eRt, in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The dal Management Employee shall pay the cost of the difference in premium, to be deducted from his-/he their salary to cover the employee's 1/3 share of the dependent coverage. XVIII. For a period of time which is equivalent to one (1) year or pro- ration thereof on a monthly basis for each three (3) years of service to the District or pro- ration thereof on a quarterly basis, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XV, XVI and XVII of this agreement for any Management Employee who was employed by the District on or before December 8, 2011, the date Resolution No. 11 -22 was adopted and who retires from the District. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete years of service with the District, must provide ninety (90) days notice of intent to retire, remain in a retired status and Rest retire from the District in good standing. When the Management retiree or his/her their spouse reaches ages 65, and is eligible for Medicare, the coverage will convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the Management Employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District shall require a Management Employee to certify under penalty of perjury that the Management Employee has remained on retired status and /or to submit to such additional verification, as the District deems necessary to demonstrate retired status. The retired Management Employee must make any contribution required of a regular Management Employee pursuant to paragraphs XV, XVI and XVII prior to the first day of the month in which coverage is to be extended. Failure of a Management Employee to make such payment shall result in 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 termination of coverage and termination of any right to any benefit pursuant to this section. Management Employees hired after the adoption of Resolution 11 -22 (12- 8 -2011) shall be ineligible to receive this benefit. XIX. A Management Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their W-s final salary for 3/8 of his/her their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining 5/8 of his/her their accumulated days of sick leave will be converted into CalPERS service credit. If the ManagemeRt GEmpleyee shei ld doe his/her their estate shell he en ti tled +e sunh payment. XX. Management Employees who are laid off from District employment after being employed by the District for five (5) or more complete years of continuous regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XXI. To the extent possible, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover Management Employees. XXII. The District shall provide a long -term disability plan for Management Employees which has a 90 -day elimination period and provides 66 2/3% of an employee's monthly pre - disability earnings to a maximum of $7,000 per month at least sixty nernent (60%) of solemn, for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XXIII. The District shall provide a short -term plan for Management Employees which has a twenty -nine (29) day elimination period up to an employee's eligibility for long -term disability and provides 66 2/3% of an employee's weekly pre - disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 XXIV. Effective July 1, 2012, the District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Management Employee's salary or the employee's actual amount of deferred compensation per payroll period, whichever amount is lesser. XXV. Management Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this employee compensation letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXVI. In situations where a Management Employee has been injured in a non - duty accident and has/he f their disability leave exceeds one GaleRdar month thirty calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar ay or the total of his/her an mulcted leaves, in lding c1 leave, p s . � �1�G,-- aGc�„, a- ra�Ga -- -�-� c � , F' tome off and yaGa +inn that n rtn iqn of the eXGee ling `20 days or the total of aGGUmulated leaves, whiGhever is ZITTQ— PLIGGIZTVr� • f."'. •. "ITV GTIV�i G�CG J�� f shall Gonstitute a break in serVTGe and his/her merit review dates enrd anniversary date will be adjusted accordingly. XXVII. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2000 towards the flexible benefit plan and /or an annual maximum of $5000 towards the dependent care plan from their paychecks over twenty -four (24) pay periods per calendar year. The cafeteria plan will allow Management Employees to convert their share of insurance premiums, un- reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. - - - - _._ - - - - -- - - - - - - -- • it ■ XXVIII. The District shall reimburse Management Employees for sums paid to the appropriate agencies for obtaining, or renewing treatment and /or distribution certificates, and other professional certifications, registrations and job related training. 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 XXIX. Management Employees, who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District - purchased safety footwear beets in an amount not to exceed $200.00. Safety Footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41 -1991 or provide equivalent protection. At the end of the current fiscal year, any unused funds shall not carry over into the next fiscal year.pFevided that the beets aFe from a lost pre apprOVed by General Manager or his /her their designee The differenEebe�een ��nc��nc— arrrcrcr-r and nembined with a subsequent alleGatinn for bent reimbursement XXX. The District shall provide educational reimbursement to Management Employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. Course work must be job related as determined and approved in advance by the General Manager. Proof of payment and successful completion of the course must accompany the reimbursement request on a form provided by the District. Management Employees shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee's closing check. Any remaining non - reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. XXXI. Management Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that the Management Employee takes a minimum of one -half the vacation time to which they are hh %'rs entitled within the same annual period of the sold vacation time. A member who has been employed by the District for more than one year may also buy from the District up to an additional forty (40) hours of vacation time within any calendar year for use during the same calendar year, provided that full and complete payment has been made for the purchased vacation time by salary modification prior to use of the vacation time. It is expressly understood that this benefit is provided at the sole discretion of the District and shall automatically terminate upon the expiration of this Management letter unless an extension is expressly agreed to by the District. 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 XXXII. Management Employees will be entitled to either a District . Feyided yehinle era car allowance of $400.00 /month as determined by the General Manager. The Engineering Manager, Finance Manager, IT Manager, Human Resources /Risk Manager, Operations Manager, and Public Information Manager positions shall be eligible for this benefit. Teeeive a Gar allewanc;e of $400.00 per month. XXXIII. Management Employees shall receive a maximum of forty (40) hours of management leave with pay each fiscal year. Unused adMiRistra management leave time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at the employee's then straight time hourly rate. There will be no carry -over of adMiRis#ative management leave time to the next fiscal year. Management Employees joining after the start of the fiscal year shall receive a prorated benefit based on the number of remaining payroll periods in the fiscal year. XXXIV. The Holiday schedule attached hereto as Exhibit F shall be in effect for full -time Management Employees covered by this Management letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Management Employee normally would have worked other than for the holiday. For those Management Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday and a holiday falling on a Sunday, shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within 12 months following the accrual of each floating holiday. In order to be eligible for holiday pay, a Management Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. The term of this Compensation Letter for Management Employees is for the period of July 1, 2012 to June 30, 2015. Marc Marcantonio Date AGtiRg General Manager 653361.2 Y0030 -001 Management Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21 -2014 Exhibit A Resolution No. 12 -08 Employee Compensation Letter And Pay Plan for Supervisory and Confidential Employees Fiscal years: 2012 -2015 The General Manager shall prepare an Employee Compensation Letter for consideration by the Board of Directors. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Supervisory and Confidential Employee Group (Exhibit B). II. Effective July 1, 2012, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2012 -2013. III. Effective July 1, 2013, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2013 -2014. IV. Effective July 1, 2014, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2014 -2015. V. The District's current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. VI. Effective July 1, 2012, all Supervisory and Confidential Employees shall pay 43% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 3% of compensation). VII. Effective July 1, 2013, all Supervisory and Confidential Employees shall pay 71% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 5% of compensation). VIII. Effective July 1, 2014, all Supervisory and Confidential Employees shall pay 100% of the statutory CaIPERS employee contribution rate to CalPERS. Individuals hired by the District on or after January 26, 2012, the date Resolution 12 -01 was adopted, shall be enrolled in the 2% @ 60 retirement formula and shall pay 100% of the statutory CalPERS employee contribution to CalPERS. All payments will be credited to the employee's individual account with CalPERS. IX. AB 340 - Paragraphs, V, VI, VII and VIII above, shall be subject to the provisions of AB 340. AB 340 (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist. Any provision in the Resolution No. 12 -08 which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. 653358.2 Y0030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 Supervisory and Confidential employees who are "new members" as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) 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. (AB 340 — Government Code section 7522.30) Supervisory and Confidential Employees who are "new members" as defined in the above AB 340, shall be enrolled in the AB 340 provided for 2.5% @ 67 retirement formula, (Government Code section 7522.20), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a)) X. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to CalPERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. XI. Effective January 24, 2013, all Supervisory and Confidential Employees hired or promoted on or after January 24, 2013, to such a position are at -will employees of the District and serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Supervisory and Confidential Employee position prior to January 24, 2013, are not at -will employees of the District and maintain the appeal rights as set forth in the District's Personnel Rules. XI 1. Each employee will be annually reviewed. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an employee who receives an exceeds job expectations evaluation shall be allowed to move up to two (2) step. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee's anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. XIII. Supervisory and Confidential Employees shall accrue vacation leave time with pay as follows: Duration of Continuous Hours Accrued per Pay Period Regular Employment 653358.2 Y0030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 During 1St through 601h month (1 -5 yrs) 3.077 hrs = 2.0 weeks /yr During 61St through 120th month (5 -10 yrs) 4.615 hrs = 3.0 weeks /yr During 121St through 180th month (10 -15 yrs)5.384 hrs = 3.5 weeks /yr During 181St through 240th month (15 -20 yrs)6.153 hrs = 4.0 weeks /yr During 241St month and thereafter (20 + yrs) 6.922 hrs = 4.5 weeks /yr XIV. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full -time regular Supervisory and Confidential Employee under age 70, on the first day of the month following their date of hire, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Supervisory and Confidential Employees may purchase additional life insurance innrease the °average t° up to five time's annual sal °n, REA to eXGeed $300,000 by authorizing the additional premium to be deducted from his/her their salary. In addition, a Supervisory and Confidential Employee can purchase life insurance for their spouse up to half of their elected amount. Some medical restrictions may apply. XV-. The District shall pay 100% of the premium for hospital and medical insurance for all Supervisory and Confidential Employees who work in excess of 30 hours per week, effective the first of the month following date of hire and awe 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered employees with one or more dependents er up to 2i3 of the- addit;e,,al peen ewise i ential "'cmpleyees with mere than ene dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Supervisory and Confidential Employee shall pay the cost of the difference in premium, to be deducted from hisiher their salary to cover the employee's 1/3 share of the dependent coverage. Supervisory and Confidential Employees shall have this paragraph XV-I: The District shall pay 100% of the premium for dental insurance for all Supervisory and Confidential Employees who work in excess of 30 hours or more per week, after they have werked feF tWe nalendar menths, effective the first of the month following date of hire and up4o 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with one or more dependents er up to 2/3 efrthe additional Pr erne Genfirlent�l Empleyee dependent f_1 GEWeFed Supervisory and Confidential Ernplo-yees with mere than ene dependent, in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The dal Supervisory and Confidential Employees shall pay the cost of the difference in premium, to be deducted from their his/he salary to cover the employee's 1/3 share of the dependent coverage. 653358.2 Y0030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 XVII. District shall pay 100% of the premium for vision insurance for Supervisory and Confidential Employees who work more -than in excess of 30 hours or more per week, effective en the first day of the month following tl& date of hire; and up-to 2/3 of the additional premium toward dependent coverage for covered Supervisory and Confidential Employees with one or more dependents er up to ent�Gmnleyees with mere than ene rdenendent �„prvy�, urr- vri�crcpcncrcrrT--i n accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The oaf Supervisory and Confidential Employee shall pay the cost of the difference in premium, to be deducted from his/her their salary to cover the employee's 1/3 share of the dependent coverage. XVIII. For a period of time which is equivalent to one (1) year or pro- ration thereof on a monthly basis for each three (3) years of service to the District or pro- ration thereof on a quarterly basis, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XV, XVI and XVII of this agreement for any Supervisory and Confidential Employee who was employed by the District on or before December 8, 2011, the date Resolution No. 11 -21 was adopted and who retires from the District. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete years of service with the District, must provide ninety (90) days notice of intent to retire, remain in a retired status and retire from the District in good standing. retire f�rthe DiStFiEt after the 'date eef hiAgreement whole in geed standiRg and UPOR RiRety (90) days written RE)tiGe and must rem in retired status. When the Supervisory and Confidential retiree or his /her spouse reaches ages 65 and is eligible for Medicare, the coverage will convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the Supervisory and Confidential Employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District may require a Supervisory and Confidential Employee to certify under penalty of perjury that the Supervisory and Confidential Employee has remained on retired status and /or submit to such additional verification, as the District deems necessary to demonstrate retired status. The retired Supervisory and Confidential Employee must make any contribution required of a regular Supervisory and Confidential Employee pursuant to paragraphs XV, XVI and XVII prior to the first day of the month in which coverage is to be extended. Failure of a Supervisory and Confidential Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. 653358.2 Y0030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 Supervisory and Confidential Employees hired after the adoption of Resolution 11 -21 (12 -8 -2011) shall be ineligible to receive this benefit. XIX. A Supervisory and Confidential Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for 3/8 of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining 5/8 of their der accumulated days of sick leave will be converted into CaIPERS service credit. If shall-be eRtitled to payment. XX. Supervisory and Confidential Employees who are laid off from District employment after being employed by the District for five (5) or more complete years of continuous regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XXI. To the extent possible, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover Supervisory and Confidential Employees. XXII. The District shall provide a long -term disability plan for Supervisory and Confidential Employees which has a 90 -day elimination period and provides at least sixty seRt (60 %4 66 2/3% of an employee's monthly pre - disability earnings to a maximum of $7,000 per month of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XXIII. The District shall provide a short -term disability plan for Supervisory and Confidential Employees which has a 29 -day elimination period up to an employee's eligibility for long -term disability and provides 66 2/3% of an employee's weekly pre - disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XXIV. Effective July 1, 2012, the District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Supervisory and Confidential Employee's salary or the employee's actual amount of deferred compensation per payroll period, whichever amount is lesser. 653358.2 Y0030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 XXV. Supervisory and Confidential Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this employee compensation letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXVI. In situations where a Supervisory and Confidential Employee has been injured in a non -duty accident and their his/he f disability leave exceeds thirty (30) calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. one ^alenrdar month or the total of his/her aGGUmulated leaves, OnGluding SiGk leave, paid tirne eff vaGatien, that POrtieR of the leave eXGeediRg 30 days or the tetal of aGGUrnLAI leaves, whiGhever is more, shall Gonstitute a break on seFViGe and his/her review rates and anniversary date will be adjusted accordingly. XXVII. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2000 towards the flexible benefit plan and /or an annual maximum of $5000 towards the dependent care plan from their paychecks over twenty -four (24) pay periods per calendar year. The cafeteria plan will allow Supervisory and Confidential Employees to convert their share of insurance premiums, un- reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. will y up to a total of $2,000 annually—to establish and administer a tax advantaged flexible benefit plan and a total 0 $5,000 annually to establish a tax advantaged dependent Gare plan. Plan nonform to the requirements of Section 125 of Internal Revenue Code, permit Supe. Asory and Confidential Employees to Gonvert their share --of insi gran � in_reirnb �rsed mediGaI expenses Ghild Gare and other qualifyiRg expenditures to pretax dollars. Savings to the DiStriGt throu n- rsa-crrr �����ca-- n�ccrr �� � crrrrc� r��ar-ra -vrrtiT redUGtions to the payroll and worker's satiertar base wlannrUe to the XXVIII. The District shall reimburse Supervisory and Confidential Employees for sums paid to the appropriate agencies for obtaining or renewing treatment and /or distribution certificates and other professional certifications, registrations and job related training. XXIX. Supervisory and Confidential Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District - purchased boots in an amount not to exceed $200.00, provided that the boots are from a list pre- approved by the General Manager or his /her designee. The difference between $200.00 and the amount actually used may be carried over for one year and combined with a subsequent allocation for boot reimbursement. 653358.2 Y0030- 001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 XXX. The District shall provide educational reimbursement to Supervisory and Confidential Employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. Course work must be job related as determined and approved in advance by the General Manager. Proof of payment and successful completion of the course must accompany the reimbursement request on a form provided by the District. Supervisory and Confidential Employees shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period, shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee's closing check. Any remaining, non - reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. XXXI. Supervisory and Confidential Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that the Supervisory and Confidential Employee takes a minimum of one -half the vacation time to which helshe is they are entitled within the same annual period of the sold vacation time. A member who has been employed by the District for more than one year may also buy from the District up to an additional forty (40) hours of vacation time within any calendar year for use during the same calendar year, provided that full and complete payment has been made for the purchased vacation time by salary modification prior to use of the vacation time. It is expressly understood that this benefit is provided at the sole discretion of the District and shall automatically terminate upon the expiration of this Supervisory and Confidential letter unless an extension is expressly agreed to by the District. XXXII. The Holiday schedule attached hereto as Exhibit F shall be in effect for full -time Supervisory and Confidential Employees covered by this Supervisory and Confidential letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Supervisory and Confidential Employee normally would have worked other than for the holiday. For those Supervisory ad Confidential Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday, and a holiday falling on a Sunday shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within 12 months following the accrual of each floating holiday. 653358.2 Y0030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 In order to be eligible for Holiday pay, a Supervisory and Confidential Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. XXXIII. The District shall reimburse Supervisory and Confidential Employees for sums paid to the appropriate state agencies for obtaining or renewing of production or distribution certificates. In addition, a one -time per fiscal year payment of $150.00 per certificate shall be provided to an affected employee who has qualified for and been issued a State of California Department of Health Services Treatment and /or Distribution Certificate, which has been determined in the sole discretion of the General Manager to be relevant to the employee's duties and which is other than a certificate that is a job requirement. The $150.00 payment shall apply for any Distribution and /or Treatment Certificates issued by the State of California Department of Health Services that are required above and beyond the required certification for a specific classification within the District's Operations Department and shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. The table below identifies the positions that require specific State of California Certifications. CLASSIFICATION REQ'D TREATMENT REQ'D DISTRIBUTION CHIEF PLANT T3 D5 OPERATOR SCADA T2 D3 ADMINISTRATOR SR. CONSTRUCTION D2 INSPECTOR WATER D5 MAINTENANCE SUPERINTENDENT WATER QUALITY D3 ENGINEER The term of this Compensation Letter for Supervisory and Confidential Employees is for the period of July 1, 2012 to June 30, 2015. 653358.2 Y0030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 Marc Marcantonio Date AGtiRg General Manager 653358.2 YO030 -001 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2 -14 -2013, Amended 10 -21- 2014 Meeting Date To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT October 14, 2014 Personnel -Risk Management Committee Funding Source: Marc Marcantonio, General Manager Gina Knight, HR /Risk Manager Reviewed by Legal: Amelia Cloonan, Human Resources Analyst Claim Filed by William P. Austell, Jr. ITEM NO. 4.2 N/A IR.7 A claim was received by the District on September 9, 2014 for damage that occurred in his home after the replacement of his meter by the Yorba Linda Water District. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors reject the claim submitted by Mr. Austell and refer it to ACWA /JPIA. DISCUSSION: Claimant states that on September 2, 2014 at approximately 3:00 a.m., he found water pouring from the water meter box. The District replaced the meter, but the flow of water was low, and there was debris in the toilets and downstairs bathtub. Mr. Austell is seeking payment for his plumbing bills. The initial claim total has changed due to additional service calls of the plumber to correct on -going problems. The claim form and supporting documents are on file and available for review in the office of the General Manager. The District wishes to reject and refer this claim to ACWA Joint Powers Insurance Authority for investigation, appraisal and handling. ATTACHMENTS: BOD - Agenda Attachment.doc Description: Backup Material Type: Backup Material PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com .. ' , (, % [�) ,. Meeting Date To: From: Presented By: Prepared By: Subject: AGENDA REPORT October 14, 2014 Personnel -Risk Management Committee Funding Source: Marc Marcantonio, General Manager Gina Knight, HR /Risk Manager Reviewed by Legal: Amelia Cloonan, Human Resources Analyst ITEM NO. 4.3 N/A IR.7 Claim Filed by Brett M. Murdock, Esq. on behalf of Sharla Worth SUMMARY: A claim was received by the District on September 23, 2014 for an injury that occurred on March 28, 2014. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors reject the claim submitted by Brett M. Murdock, Esq. on behalf of Sharla Worth and refer it to ACWA /JPIA. DISCUSSION: Claimant states that on March 28, 2014 at 11:15 a.m., his client suffered a trip- and -fall accident in the Mimi's Cafe parking lot located at 18342 Imperial Highway, Yorba Linda, CA. The circumstances involve a Yorba Linda Water District valve cover surrounded by deteriorating asphalt. The claim form and supporting documents are on file and available for review in the office of the General Manager. The District wishes to reject and refer this claim to ACWA Joint Powers Insurance Authority for investigation and handling. ATTACHMENTS: Name: BOD - Agenda Attachment.doc Description: Backup Material Type: Backup Material PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com '- , , AGENDA REPORT Meeting Date: October 14, 2014 To: Personnel -Risk Management Committee Funding Source: From: Marc Marcantonio, General Manager Presented By: Gina Knight, HR /Risk Manager Reviewed by Legal: Prepared By: Amelia Cloonan, Human Resources Analyst Subject: Claim Filed by Hari Soeharjono SUMMARY: ITEM NO. 4.4 N/A IR.7 A claim was received by the District on September 9, 2014 for damage that occurred to Mr. Soeharjono's residential water softener. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors reject the claim submitted by Hari Soeharjono and refer it to ACWA/JPIA. DISCUSSION: Claimant states that on or about August 6, 2014, the Yorba Linda Water District repaired the water meter for Mr. Soeharjono's residence. Subsequently, water was leaking on the plumbing feeding the water softener. Mr. Soeharjono claims that the leak was caused when the water supply was turned back on. The claim form and supporting documents are on file and available for review in the office of the General Manager. The District wishes to reject and refer this claim to ACWA Joint Powers Insurance Authority for investigation and handling. ATTACHMENTS: Name: BOD - Agenda Attachment.doc Description: Backup Material Type: Backup Material PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com #