HomeMy WebLinkAbout2012-08-23 - Resolution No. 12-17 RESOLUTION NO. 12-17
' RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING RESOLUTION NOS. 12-07 AND 12-08 TO
CLARIFY THE METHOD OF DISTRICT CONTRIBUTIONS TO
EMPLOYEE DEFERRED COMPENSATION PLANS
WHEREAS, the Board of Directors of the Yorba Linda Water District previously
adopted the Employee Compensation Letters for Management,
Supervisory, and Confidential Employees for Fiscal Years 2012-2015; and
WHEREAS, it is the desire of the Board of Directors to amend these letters to clarify
the method of District contributions to a deferred compensation plan for
these employees.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. That Section XXI of the Management Employee Compensation Letter for
Fiscal Years 2012-2015 incorporated as Exhibit "A" of Resolution No. 12-
07 be amended to read:
' XXI. 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.
Section 2. That Section XXI of the Supervisory and Confidential Employee
Compensation Letter for Fiscal Years 2012-2015 incorporated as Exhibit
"A" of Resolution No. 12-08 be amended to read:
XXI. 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.
1
Resolution No. 12-17 Amending Resolution Nos. 12-07 and 12-08 1
' PASSED AND ADOPTED this 23`d day of August 2012 by the following called vote:
AYES: Directors Beverage, Hawkins, Kiley, Melton
NOES: None
ABSTAIN: None
ABSENT: Director Collett
Phil Hawkins, Presiden
Yorba Linda Water District
ATTEST:
Annie Alexander, Assistant Board Secretary
Yorba Linda Water District
' Reviewed as to form by General Counsel:
Arthur G. Kidman, Esq.
Kidman Law, LLP
Resolution No. 12-17 Amending Resolution Nos. 12-07 and 12-08 2
Exhibit A
' Resolution No. 12-07
Employee Compensation Letter
And Pay Plan for Management Employees
Fiscal years: 2012-2015
I. 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. 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
Management Compensation Letter FYs 2012/2015 Amended B-23-2012
' 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.
X. Each employee will be annually reviewed on a one-year interval following
completion of their probationary period. 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.
XI. All new hires shall be subject to a twelve (12) month probationary period.
Such new hires shall accrue vacation commencing with the start of
employment but shall be ineligible to use accrued vacation time prior to
successful completion of six (6) months of service. An existing employee
who has been promoted to a new position will be required to serve a six (6)
month promotional probationary period in the new position.
' XII. Management Employees shall accrue vacation leave time with pay as
follows:
Duration of Continuous Hours Accrued Per Pay Period
Regular Employment
During 15t through 60th month 3.077 hrs = 2.0 weeks/yr
During 61 at through 120th month 4.615 hrs = 3.0 weeks/yr
During 121 at through 180th month 5.384 hrs = 3.5 weeks/yr
During 18151 through 240th month 6.153 hrs = 4.0 weeks/yr
During 24151 month and thereafter 6.922 hrs = 4.5 weeks/yr
XIII. 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
increase the coverage up to five time's annual salary not to exceed
$300,000 by authorizing the additional premium to be deducted from
his/her salary.
' XIV. The District shall pay 100% of the premium for hospital and medical
insurance for all Management Employees who work in excess of 30 hours
Management Compensation Letter FYs 2012/2015 Amended 8-23-2012
' per week, after they have worked for two calendar months, and up to 2/3 of
the additional premium toward Management Employee dependent
coverage for covered employees with one dependent or up to 2/3 of the
additional premium toward Management Employee dependent coverage
for covered Management Employees with more than one dependent 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/her salary to cover the employee's share of the dependent
coverage. The Management Employees shall have the option of selecting
a District-designated Health Maintenance Organization ("HMO"). The
District contribution for HMO coverage will be in accordance with this
paragraph.
XV. The District shall pay 100% of the premium for dental insurance for all
Management Employees who work 30 hours or more per week, after they
have worked for two calendar months and up to 2/3 of the additional
premium toward Management Employee dependent coverage for covered
Management Employees with one dependent or up to 2/3 of the additional
premium toward Management Employee dependent coverage for covered
Management Employees with more than one dependent in accordance
with the provisions of any contract between the District and any company
' or companies of the District's choosing. The individual Management
Employees shall pay the cost of the difference in premium, to be deducted
from his/her salary. The Management Employees shall have the option of
selecting "Delta Care" with the contribution for "Delta Care" to be in
accordance with this paragraph.
XVI. District shall pay 100% of the premium for vision insurance for
Management Employees who work more than 30 hours per week, on the
first day of the month following their date of hire and up to 2/3 of the
additional premium toward dependent coverage for covered Management
Employees with one dependent or up to 2/3 of the additional premium
toward dependent coverage for covered Management Employees with
more than one dependent, in accordance with the provisions of any
contract between the District and any company or companies of the
District's choosing. The individual Management Employee shall pay the
cost of the difference in premium, to be deducted from his/her salary.
XVI 1. 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 the paragraphs XIV, XV and XVI
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.
Management Compensation Letter FYs 2012/2015 Amended 8-23-2012
' 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 must remain in a retired
status and must retire from the District in good standing.
When the Management 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
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 paragraph XIV, XV and XVI
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
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.
A Management Employee who retires (in accordance with the Public
Employees' Retirement System qualifications) shall be paid at the rate of
his final salary for 3/8 of his/her accumulated days of sick leave, if any, at
the time of separation from active employment. The remaining 5/8 of
his/her accumulated days of sick leave will be converted into CaIPERS
service credit. If the Management Employee should die, his/her estate
shall be entitled to such payment.
XVIII. 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%
Management Compensation Letter FYs 2012/2015 Amended 8-23-2012
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.
XIX. To the extent possible, the District shall extend its current plan under
Section 125 of the Internal Revenue Code to cover Management
Employees.
XX. The District shall provide a long-term disability plan for Management
Employees which has a 90-day elimination period and provides at least
sixty percent (60%) 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.
XXI. 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.
XXII. 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.
XXIII. In situations where a Management Employee has been injured in a non-
duty accident and his/her disability leave exceeds one calendar month or
the total of his/her accumulated leaves, including sick leave, paid time off
and vacation, that portion of the leave exceeding 30 days or the total of
accumulated leaves, whichever is more, shall constitute a break in service
and his/her merit review dates and anniversary date will be adjusted
accordingly.
XXIV. The District will pay up to a total of $2,000 annually to establish and
administer a tax-advantaged flexible benefit plan, and a total of $5,000
annually to establish a tax advantaged dependent care plan. Plans will
conform to the requirements of Section 125 of the Internal Revenue Code,
and permits Management Employees to convert their share of insurance
premiums, un-reimbursed medical expenses, child care and other
qualifying expenditures to pretax dollars. Savings to the District through
reductions to the payroll and worker's compensation tax base will accrue to
' the District and offset the costs of establishing and administering this
program.
Management Compensation Letter FYs 2012/2015 Amended 8-23-2012
' XXV. 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.
XXVI. 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 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.
XXVII.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 Employee 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.
XXVIII. 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 he/she is 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
Management Compensation Letter FYs 2012/2015 Amended 8-23-2012
expiration of this Management letter unless an extension is expressly
agreed to by the District.
XXIX. Management Employees will be entitled to either a District provided vehicle
or a car allowance of $400.00/month as determined by the General
Manager. The Engineering Manager, Finance Manager, IT Manager and
Human Resources Manager positions shall receive a car allowance of
$400.00 per month.
XXX. Management Employees shall receive a maximum of forty (40) hours of
administrative leave with pay each fiscal year. Unused administrative
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 administrative
leave time to the next fiscal year.
XXXI. 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.
' Steve Conklin Date
Acting General Manager
Management Compensation Letter FYs 2012/2015 Amended B-23-2012
Exhibit A
Resolution No. 12-08
Employee Compensation Letter
' And Pay Plan for Supervisory and Confidential Employees
Fiscal years: 2012-2015
I. 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
CaIPERS (equivalent to 5% of compensation).
VIII. Effective July 1, 2014, all Supervisory and Confidential Employees shall
pay 100% of the statutory CalPERS employee contribution rate to
CaIPERS.
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
CaIPERS.
IX. 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.
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23-2012
X. Each employee will be annually reviewed on a one-year interval following
completion of their probationary period. 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.
XI. All new hires shall be subject to a twelve (12) month probationary period.
Such new hires shall accrue vacation commencing with the start of
employment but shall be ineligible to use accrued vacation time prior to
successful completion of six (6) months of service. An existing employee
who has been promoted to a new position will be required to serve a six
(6) month promotional probationary period in the new position.
XII. Supervisory and Confidential Employees shall accrue vacation leave
time with pay as follows:
Duration of Continuous Hours Accrued per Pay Period
Regular Employment
During 1 st through 60th month 3.077 hrs = 2.0 weeks/yr
During 61St through 120th month 4.615 hrs = 3.0 weeks/yr
During 121St through 180th month 5.384 hrs = 3.5 weeks/yr
During 181St through 240th month 6.153 hrs = 4.0 weeks/yr
During 241St month and thereafter 6.922 hrs = 4.5 weeks/yr
XIII. 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 increase the coverage to up
to five time's annual salary not to exceed $300,000 by authorizing the
additional premium to be deducted from his/her salary.
XIV. 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, after they have worked for two calendar
months, and up to 2/3 of the additional premium toward Supervisory and
Confidential Employee dependent coverage for covered employees with
one dependent or up to 2/3 of the additional premium toward Supervisory
and Confidential Employee dependent coverage for covered Supervisory
and Confidential Employees with more than one dependent in accordance
with the provisions of any contract between the District and any company
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23-2012
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 his/her salary to cover the employee's share of the dependent
' coverage. Supervisory and Confidential Employees shall have the option
of selecting a District-designated Health Maintenance Organization
("HMO"). The District contribution for HMO coverage will be in
accordance with this paragraph.
XV. The District shall pay 100% of the premium for dental insurance for all
Supervisory and Confidential Employees who work 30 hours or more per
week, after they have worked for two calendar months, and up to 2/3 of
the additional premium toward Supervisory and Confidential Employee
dependent coverage for covered Supervisory and Confidential
Employees with one dependent or up to 2/3 of the additional premium
toward Supervisory and Confidential Employee dependent coverage for
covered Supervisory and Confidential Employees with more than one
dependent, in accordance with the provisions of any contract between the
District and any company or companies of the District's choosing. The
individual Supervisory and Confidential Employees shall pay the cost of
the difference in premium, to be deducted from his/her salary.
Supervisory and Confidential Employees shall have the option of
selecting "Delta Care" with the contribution for "Delta Care" to be in
accordance with this paragraph.
XVI. District shall pay 100% of the premium for vision insurance for Supervisory
' and Confidential Employees who work more than 30 hours per week, on
the first day of the month following their date of hire, and up to 2/3 of the
additional premium toward dependent coverage for covered Supervisory
and Confidential Employees with one dependent or up to 2/3 of the
additional premium toward dependent coverage for covered Supervisory
and Confidential Employees with more than one dependent, in
accordance with the provisions of any contract between the District and
any company or companies of the District's choosing. The individual
Supervisory and Confidential Employee shall pay the cost of the difference
in premium, to be deducted from his/her salary.
XVII. 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 XIV,
XV and XVI 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
retire from the District after the date of this Agreement while in good
standing and upon ninety (90) days written notice and must remain in
retired status.
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23-2012
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 paragraph XIV, XV and XVI 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.
Supervisory and Confidential Employees hired after the adoption of
Resolution 11-21 (12-8-2011) shall be ineligible to receive this benefit.
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 his/her accumulated days of sick leave will be converted into
CalPERS service credit. If the Supervisory and Confidential Employee
should die, his/her estate shall be entitled to such payment.
XVIII. 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.
' XIX. 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.
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23-2012
XX. 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 percent (60%) 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.
XXI. 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.
XXII. 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.
XXIII. In situations where a Supervisory and Confidential Employee has been
injured in a non-duty accident and his/her disability leave exceeds one
calendar month or the total of his/her accumulated leaves, including sick
leave, paid time off and vacation, that portion of the leave exceeding 30
days or the total of accumulated leaves, whichever is more, shall
' constitute a break in service and his/her merit review dates and
anniversary date will be adjusted accordingly.
XXIV. The District will pay up to a total of $2,000 annually to establish and
administer a tax-advantaged flexible benefit plan, and a total of $5,000
annually to establish a tax advantaged dependent care plan. Plans will
conform to the requirements of Section 125 of the Internal Revenue Code,
and permit Supervisory and Confidential Employees to convert their share
of insurance premiums, un-reimbursed medical expenses, child care and
other qualifying expenditures to pretax dollars. Savings to the District
through reductions to the payroll and worker's compensation tax base will
accrue to the District and offset the costs of establishing and administering
this program.
XXV. 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.
XXVI. 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
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23-2012
$200.00 and the amount actually used may be carried over for one year
and combined with a subsequent allocation for boot reimbursement.
' XXVII. 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 Employee 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.
XXVIII. 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 he/she is 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.
XXIX. 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
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23.2012
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 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.
XXX. 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 REO'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
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23-2012
The term of this Compensation Letter for Supervisory and Confidential
Employees is for the period of July 1, 2012 to June 30, 2015.
' e3 Z 7 ZO«
eve Conklin Date
Acting General Manager
1
Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 8-23-2012