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.
- - - -
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•
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
#