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HomeMy WebLinkAbout2015-01-22 - Resolution No. 15-01 RESOLUTION NO. 15-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING RESOLUTION NOS. 12-07 AND 12-08 TO MODIFY AND FURTHER CLARIFY THE SALARIES, BENEFITS AND SPECIAL CONDITIONS OFFERED BY THE DISTRICT TO MANAGEMENT, SUPERVISORY AND CONFIDENTIAL EMPLOYEES FOR THE REMAINDER OF FISCAL YEARS 2012-2015 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted and amended the Employee Compensation Letters for Management, Supervisory, and Confidential Employees for Fiscal Years 2012-2015 (Resolution Nos. 12-07, 12-08, 12-17 and 13-04); and WHEREAS, it is the desire of the Board of Directors to amend these letters in order to modify and further clarify the salaries, benefits and special conditions offered by the District for these groups of employees for the remainder of Fiscal Years 2012-2015. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That the Management Employee Compensation Letter and Management Employees Salary Ranges and Budgeted Classifications for Fiscal Years 2012-2015 incorporated as Exhibits A and B of Resolution No. 12-07 be amended to read as attached hereto and by this reference incorporated herein as Exhibit I. Section 2. That the Supervisory and Confidential Employee Compensation Letter and Supervisory and Confidential Employees Salary Ranges and Budgeted Classifications for Fiscal Years 2012-2015 incorporated as Exhibits A and B of Resolution No. 12-08 be amended to read as attached hereto and by this reference incorporate herein as Exhibit II. PASSED AND ADOPTED this 22nd day of January 2015, by the following called vote: AYES: Directors Beverage, Collett, Hawkins, and Melton NOES: None ABSTAIN: None ABSENT: Director Kiley Ric Collett, President Yorba Linda Water District Resolution No. 15-01 Amending Resolution Nos. 12-07 and 12-08 Related to Employee Compensation Letters 1 ATTEST: v;? ;31s Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by Labor Counsel: Connie Almond, Esq. Liebert Cassidy Whitmore LLP Resolution No. 15-01 Amending Resolution Nos. 12-07 and 12-08 Related to Employee Compensation Letters 2 RESOLUTION NO. 15-01 - EXHIBIT I 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 the Board of Directors' consideration. 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 CaIPERS 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 CaIPERS employee contribution rate to CaIPERS (equivalent to 3% of compensation). VII. Effective July 1, 2013, all Management Employees shall pay 71% of the 7% statutory CaIPERS employee contribution rate to CaIPERS (equivalent to 5% of compensation). VIII. Effective July 1, 2014, all Management Employees shall pay 100% of the statutory CaIPERS employee contribution rate to CaIPERS. 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 CaIPERS employee contribution rate to CaIPERS. All payments will be credited to the employee's individual account with CaIPERS. 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 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 CaIPERS) 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 provision 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. 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. XII. 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'sanniversary 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 Y0030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015. 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 180th month (10-15 yrs) 5.384 hrs = 3.5 weeks/yr During 181'through 240th month (15-20 yrs) 6.153 hrs = 4.0 weeks/yr During 241" 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 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 coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Management Employee can purchase life insurance for their spouse up to half of the employee's coverage level. Some medical restrictions may apply. XV. The District shall pay 100% of the premium for hospital and medical insurance for all Management Employees who work in excess of 30 hours per week, effective the first of the month following date of hire and 2/3 of the additional premium toward Management Employee dependent coverage for covered employees with one or more dependents 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 the employee's salary to cover the employee's 1/3 share of the dependent coverage. 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, effective the first of the month following date of hire and 2/3 of the additional premium toward Management Employee dependent coverage for covered Management Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management Employees shall pay the cost of the difference in premium, to be deducted from the employee's salary to cover the employee's 1/3 share of the dependent coverage. XVII. The District shall pay 100% of the premium for vision insurance for Management Employees who work in excess of 30 hours or more per 653361.2 Y0030-001 Management Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015. week, effective the first of the month following date of hire and 2/3 of the additional premium toward dependent coverage for covered Management Employees with one or more dependents 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 the employee's salary to cover the employee's 1/3 share of the dependent coverage. XVIII. For a period of time which is equivalent to one (I) 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 retire from the District in good standing. When the Management retiree or their spouse reaches age 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 termination of coverage and termination of any right to any benefit pursuant to this section. Management Employees hired after the adoption of Resolution No. 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 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 653361.2 Y0030-001 Management Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015. accumulated days of sick leave will be converted into CaIPERS service credit. 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 up to a maximum of $7,000 per month for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the Districts sole discretion. XXIII. The District shall provide a short-term disability 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. 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 653361.2 Y0030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015. 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 their disability leave exceeds thirty calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. 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. 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. 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 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. 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- 653361.2 Y0030-001 Management Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015. 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 the employee is entitled within the same annual period of the sold vacation time. A Management Employee 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. XXXII. Management Employees will be entitled to 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. XXXIII. Management Employees shall receive a maximum of forty (40) hours of management leave with pay each fiscal year. Unused 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 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, 653361.2 Y0030-001 Management Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015. 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 Marca onio Date General Manager 653361.2 Y0030-001 Management Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015. RESOLUTION NO. 15-01 - EXHIBIT I EXHIBIT B YORBA LINDA WATER DISTRICT MANAGEMENT EMPLOYEES SALARY RANGES AND BUDGETED CLASSIFICATIONS 7-1-2012 through 6-30-2015 CLASSIFICATION TITLE SALARY RANGES FLSA Engineering Manager ME37 EXEMPT Finance Manager ME37 EXEMPT Human Resources and Risk Manager ME37 EXEMPT Information Technology Manager ME37 EXEMPT Operations Manager ME37 EXEMPT Public Information Manager ME33 EXEMPT Amended 1-22-2015 RESOLUTION NO. 15-01 •- EXHIBIT II 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 the Board of Directors' consideration. 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 CaIPERS 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 CaIPERS employee contribution rate to CaIPERS (equivalent to 3% of compensation). VII. Effective July 1, 2013, all Supervisory and Confidential Employees shall pay 71% of the 7% statutory CaIPERS 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 CaIPERS 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 CaIPERS employee contribution to CaIPERS. All payments will be credited to the employee's individual account with CaIPERS. 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. 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 CaIPERS) 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 provision 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 CaIPERS 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. 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. XII. 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 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 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 Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015 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 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 coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Supervisory and Confidential Employee can purchase life insurance for their spouse up to half of the employee's coverage level. 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 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered employees with one or more dependents 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 the employee's salary to cover the employee's 1/3 share of the dependent coverage. XVI. 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, effective the first of the month following date of hire and 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with one or more dependents 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 the employee's salary to cover the employee's 1/3 share of the dependent coverage. XVII. The District shall pay 100% of the premium for vision insurance for Supervisory and Confidential Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and 2/3 of the additional premium toward dependent coverage for covered Supervisory and Confidential Employees with one or more dependents 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 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. Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015 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. When the Supervisory and Confidential retiree or his/her spouse reaches age 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 in 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. Supervisory and Confidential Employees hired after the adoption of Resolution No. 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 accumulated days of sick leave will be converted into CaIPERS service credit. 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. Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015 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 66 2/3% of an employee's monthly pre-disability earnings up to a maximum of $7,000 per month 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. 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 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. 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. 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. Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015 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. 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 the employee is entitled within the same annual period of the sold vacation time. A Supervisory and Confidential Employee 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. Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015 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. 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 RED'D TREATMENT REQ'D DISTRIBUTION WATER PRODUCTION T3 D5 SUPERINTENDENT 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 2-14-2013,Amended 1-22-2015 The term of this Compensation Letter for Supervisory and Confidential Employees is for the period of July 1, 2012 to June 30, 2015. Marc Marcantonio Date General Manager Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013,Amended 1-22-2015 RESOLUTION NO, 15-01 - EXHIBIT II EXHIBIT B YORBA LINDA WATER DISTRICT SUPERVISORY AND CONFIDENTIAL EMPLOYEES SALARY RANGES AND AUTHORIZED CLASSIFICATIONS 10-11-2012 through 6-30-2015 CLASSIFICATION TITLE SALARY RANGES FLSA Associate Engineer SC27 EXEMPT Construction Project Supervisor SC28 EXEMPT Customer Service Supervisor SC27 EXEMPT Executive Secretary SC32 NON-EX Human Resources Analyst SC25 EXEMPT Human Resources Technician SC23 NON-EX Information Systems Administrator SC30 EXEMPT Management Analyst SC28 EXEMPT Programmer Analyst SC28 EXEMPT Records Management Specialist SC19 NON-EX Safety and Training Analyst SC27 EXEMPT Safety and Training Technician SC23 NON-EX SCADA Administrator SC30 EXEMPT Sr. Accountant SC25 EXEMPT Sr. Construction Inspector SC26 NON-EX Sr. Project Manager SC34 EXEMPT Water Maintenance Superintendent SC30 EXEMPT Water Production Superintendent SC31 EXEMPT Water Quality Engineer SC31 EXEMPT Amended 1-22-2015