HomeMy WebLinkAbout2018-04-10 - Resolution No. 18-07 RESOLUTION NO. 18-07
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING EXHIBIT A OF THE PROFESSIONAL AND
CONFIDENTIAL EMPLOYEES COMPENSATION LETTER TO ADD
ACTING PAY PROVISIONS FOR THE REMAINDER
OF FISCAL YEARS 2015-2018
WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted
the Employee Compensation Letter for Supervisory and Confidential
Employees for Fiscal Years 2015-2018 (Resolution No. 15-07); and
WHEREAS, the Board of Directors subsequently adopted Resolution No. 17-36
amending Exhibit A and E of the Employee Compensation Letter
(Resolution No. 15-07) to rescind the At-Will Employment provision and
modify the Pay Plan for Professional and Confidential (formerly Supervisory
and Confidential) Employees for the remainder of Fiscal Years 2015-2018;
and
WHEREAS, it is the desire of the Board of Directors to further amend Exhibit A of the
Employee Compensation Letter (Resolution No. 15-07) in order to add
Acting Pay provisions for Professional and Confidential Employees for the
remainder of Fiscal Years 2015-2018.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. That Exhibit A - Professional and Confidential Employee Compensation
Letter of Resolution No. 15-07 be amended to read as attached hereto and
by this reference incorporated herein effective March 26, 2018.
Resolution No. 18-07 Amending Exhibit A of the Professional and Confidential Employees Compensation Letter 1
PASSED AND ADOPTED this 10th day of April, 2018, by the following called vote:
AYES: Directors Hall, Hawkins, Jones and Nederhood
NOES: None
ABSTAIN: None
ABSENT: Director Miller
eberfiood, Pr sident
orba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. GagKw�-LLP
' sq.
Kidman Gagen
Resolution No. 18-07 Amending Exhibit A of the Professional and Confidential Employees Compensation Letter 2
Exhibit A
Resolution No. 15-07
Employee Compensation Letter
And Pay Plans for Professional and Confidential Employees
Fiscal Years 2015-2018
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
Professional and Confidential Employee Group (Exhibit B).
II. Effective July 1, 2015, the salary schedule attached hereto as Exhibit C shall be in
effect for fiscal year 2015-2016 (reflecting a 2.5% base salary increase).
III. Effective July 1, 2016, the salary schedule attached hereto as Exhibit D shall be in
effect for fiscal year 2016-2017 (reflecting a 2% base salary increase).
IV. Effective July 1, 2017, the salary schedule attached hereto as Exhibit E shall be in
effect for fiscal year 2017-2018 (reflecting a 2% base salary increase).
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.
The District has three tiers for retirement benefits:
a. Tier 1 applies to District employees hired prior to January 26, 2012;
b. Tier 2 applies to District employees hired between January 26, 2012 and
December 31, 2012 and any District employees hired on or after January 1,
2013 who are defined as “classic members” under the Public Employees’
Retirement Law (PERL); and
c. Tier 3 applies to District employees hired on or after January 1, 2013 who
are defined as “new members” under the PERL.
1. Tier 1 and Tier 2 employees
Tier 1 employees are enrolled in the 2% at 55 retirement formula.
Tier 2 employees are enrolled in the 2% at 60 retirement formula.
Tier 1 and Tier 2 employees pay the full employee contribution rate
which is 7% of pensionable compensation.
2. Tier 3 employees
Professional and Confidential Employees Compensation Letter FYs 2015-2018
Professional and Confidential Employees hired on or after January
1, 2013 who are “new members” as defined in the Public Employees’
Pension Reform Act of 2013 (PEPRA) are provided the following
retirement benefits: 2.5% at 67 benefit formula with a three year (36
month) final compensation period. Employees may designate the
highest 36 month period. Tier 3 employees shall individually pay an
initial CalPERS contribution rate of 50% of the normal cost rate for
the Defined Benefit Plan in which said newly hired employee is
enrolled rounded to the nearest quarter of 1%, or the current
contribution rate of similarly situated employees, whichever is
greater.
VI. 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.
VII. Effective November 14, 2017, the District will implement a thirteen (13) step salary
schedule with a 2.5% salary difference between steps replacing the District’s
previous eleven (11) step salary schedule.
Subsequent movement on the salary schedule is based on merit as follows:
Evaluation process
Each employee shall be reviewed annually on a one-year interval. Effective July
1, 2016, the District will implement a new five-rating performance evaluation with
the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations,
Exceeds Expectations, and Outstanding. An employee who receives an overall
rating Exceeds Expectations and with no Unsatisfactory and no more than two (2)
Needs Improvement ratings on their evaluation shall be entitled to move one (1)
step. An employee who receives an overall rating of Outstanding with no
Unsatisfactory and no Needs Improvement ratings on their evaluation shall move
two (2) steps. Movement shall take place until an employee has reached step 13.
The District shall endeavor to have performance reviews completed by the
employee’s anniversary date with the effective date of the merit salary increase
being on the anniversary date. If the evaluation is delayed, any subsequent salary
increase to which the employee is entitled as a result of the performance review
rating shall be retroactive to the anniversary date.
VIII. Professional and Confidential Employees shall accrue vacation leave time with pay
as follows:
Professional and Confidential Employees Compensation Letter FYs 2015-2018
Duration of Continuous Regular Employment Hours Accrued per Pay Period
During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr
During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr
During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr
During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr
During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr
IX. 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 Professional 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. Professional 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 Professional and Confidential
Employee can purchase life insurance for their spouse up to half of the employee’s
coverage level. Some medical restrictions may apply.
X. The District shall pay 100% of the premium for hospital and medical insurance for
all Professional and Confidential Employees who work in excess of 30 hours per
week, effective the first of the month following date of hire and ⅔ of the additional
premium toward Professional 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 Professional 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 ⅓ share of the dependent coverage.
XI. The District shall pay 100% of the premium for dental insurance for all Professional
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 ⅔ of the additional
premium toward Professional and Confidential Employee dependent coverage for
covered Professional 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 Professional 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 ⅓ share of the
dependent coverage.
XII. The District shall pay 100% of the premium for vision insurance for Professional
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 ⅔ of the additional
premium toward dependent coverage for covered Professional and Confidential
Professional and Confidential Employees Compensation Letter FYs 2015-2018
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 Professional and Confidential Employee shall pay the cost of the
difference in premium, to be deducted from their salary to cover the employee’s ⅓
share of the dependent coverage.
XIII. For Professional and Confidential Employees who are employed by the District
prior to December 8, 2011, and subject to carrier approval, the District shall pay
the amounts provided in paragraphs XI, XII and XIII of this agreement 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.
To be eligible for this benefit, the employee must be at least 50 years of age, must
have five (5) complete consecutive years of service with the District, must provide
ninety (90) days’ notice of intent to retire, retire from the District in good standing
and remain in a retired status.
The retired Professional and Confidential Employee must make any contribution
required of a regular Professional and Confidential Employee pursuant to
paragraphs XI, XII and XIII prior to the first day of the month in which coverage is
to be extended. Failure of a Professional 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.
When the Professional and Confidential retiree or their spouse reaches age 65
and is eligible for Medicare, the coverage provided by the District shall become
secondary to Medicare for the remainder of the benefit period.
Professional and Confidential Employees hired on or after December 8, 2011 shall
be ineligible to receive this benefit.
XIV. A Professional 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 ⅜ of their accumulated days of sick leave, if any, at the time of
separation from active employment. The remaining ⅝ of their accumulated days
of sick leave will be converted into CalPERS service credit.
XV. Professional and Confidential Employees who are laid off from District employment
after being employed by the District for five (5) or more complete consecutive years
of regular employment, shall be compensated for accumulated, unused sick leave
above 400 hours as follows:
Professional and Confidential Employees Compensation Letter FYs 2015-2018
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.
XVI. The District shall provide a long-term disability plan for Professional and
Confidential Employees which has a 90-day elimination period and provides 66
⅔% of an employee’s monthly pre-disability earnings 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.
XVII. The District shall provide a short-term disability plan for Professional and
Confidential Employees which has a twenty-nine (29) day elimination period up to
an employee’s eligibility for long-term disability and provides 66 ⅔% 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.
XVIII. The District will match dollar for dollar not to exceed 2% salary earned per payroll
period of a Professional and Confidential Employee’s salary or the employee’s
actual amount of deferred compensation per payroll period, whichever amount is
lesser.
XIX. Professional 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.
XX. In situations where a Professional 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.
XXI. 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 $2,000 towards the flexible benefit plan and/or an annual maximum
of $5,000 towards the dependent care plan from their paychecks over twenty-four
(24) pay periods per calendar year. The cafeteria plan will allow Professional and
Professional and Confidential Employees Compensation Letter FYs 2015-2018
Confidential Employees to convert their share of insurance premiums, un-
reimbursed medical expenses, child care and other qualifying expenditures to
pretax dollars.
XXII. The District shall reimburse Professional 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.
XXIII. Professional 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 each
fiscal year. 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.
XXIV. The District shall provide pre-approved educational reimbursement to Professional
and Confidential Employees for costs of tuition, fees, books and parking relating
to educational courses directly related to an employee’s essential job duties for the
employee’s present work classification as approved in advance by the General
Manager and the Human Resources/Risk Manager. As education reimbursement
each fiscal year, employees may receive up to the equivalent of one year’s full-
time tuition at California State University for an in-state student.
University and college-level course work must be undertaken at a Western
Association of Schools and Colleges and Universities (WASC) accredited
institution.
To qualify for reimbursement, Professional and Confidential Employees must
successfully complete a pre-approved course with a passing grade (C or better).
In the event of a “Credit/No Credit” course, “Credit” will be considered a passing
grade.
Proof of payment and successful completion of the course with a passing grade as
indicated in the District’s Educational Reimbursement Policy must accompany the
Educational Tuition Reimbursement form (Exhibit A of the District’s Educational
Reimbursement Policy).
Professional 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
Professional and Confidential Employees Compensation Letter FYs 2015-2018
judgment amount shall be deducted from the employee’s final 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.
In the event of a layoff or work hour reduction, reimbursement will cover courses
that are already in progress, provided that the employee successfully completes
them with a passing grade and fulfills the other provisions of the Educational
Reimbursement Policy.
XXV. Professional 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 a minimum
of one-half (½) the vacation time to which the employee is entitled within the same
annual period of the sold vacation time remains in the employee’s vacation account
after the cash distribution. Sell-back of vacation time will only be paid on the
second payday in November of each year.
XXVI. The Holiday schedule attached hereto as Exhibit F shall be in effect for full-time
Professional and Confidential Employees covered by this Professional and
Confidential Letter. For purposes of holiday compensation, compensation shall be
equal to the number of hours that the Professional and Confidential Employee
normally would have worked other than for the holiday.
For those Professional and 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 the fiscal
year in which it is accrued or the following fiscal year. Any unused floating holiday
time will be cashed out at the employee’s base hourly rate at the end of the fiscal
year following the fiscal year during which the time was accrued. For example, any
unused floating holiday time accrued during fiscal year 2015-16 would be paid out
at the end of fiscal year 2016-17.
In order to be eligible for Holiday pay, a Professional 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.
XXVII. The District shall reimburse Professional and Confidential Employees for sums
paid to the appropriate state agencies for obtaining or renewing of Distribution,
Treatment and/or Collection certificates. In addition, a one-time per fiscal year
payment of $150.00 per certificate shall be provided to an affected employee who
Professional and Confidential Employees Compensation Letter FYs 2015-2018
has qualified for and been issued a State Water Resources Control Board
(SWRCB) Distribution or Treatment and/or California Water Environment
Association (CWEA) Collection Certificate(s) 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, Treatment and/or Collection Certificates issued by
the SWRCB or CWEA that are required above and beyond the required
certification for a specific classification within the District 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
Req’d
Collection
SCADA Administrator T2 D3
Sr. Construction
Inspector D2
Water Maintenance
Superintendent D5
Water Production
Superintendent T2 D5
Water Quality
Engineer D3
XXVIII.Effective March 26, 2018 - Acting Pay - Upon recommendation of the Department
head and Human Resources/Risk and Safety Manager, the General Manager
may temporarily appoint an employee to assume the duties of a higher job
classification and shall be designated as "Acting." An employee who is
designated as acting shall receive a minimum increase to the step closest to 5%
above the step held by the employee immediately prior to the acting position, or
shall be placed on Step 1 of the range established for the acting position,
whichever is higher; however, the employee's rate shall not exceed Step 13 of the
range established for the acting position at any time. An employee shall receive
acting pay until officially released of those duties with the following conditions:
a. Compensation shall be requested in writing, outlining the circumstances,
and is subject to the approval of the Human Resources/Risk and Safety
Manager.
b. Acting pay will be effective when the acting appointment begins.
c. An employee shall receive acting pay for a maximum of twenty-six (26)
consecutive pay periods. Under special circumstances, the General
Manager may authorize an extension to meet the needs of the District.
d. If the employee is scheduled to receive a merit increase for the position in
which he/she normally fills while serving in an acting status, the necessary
forms shall be completed to document such increase, and such increase
shall be implemented upon completion of acting status.
e. The employee's merit increase date shall not be affected by acting status
unless he/she is appointed to the position in which he/she was acting. If
such, his/her review date shall be adjusted to coincide with the date he/she
started in the Acting position or as provided in Section 4.12.g.
f. If the employee is scheduled to receive any type of payout that was earned
for the position in which he/she normally fills while serving in an acting
status, the employee shall be paid out at the rate of pay equivalent to the
position in which he/she normally fills.
g. If an employee who is receiving acting pay is promoted to permanently fill
the position in which he/she is acting, the date from which the employee
began receiving acting pay shall be credited to the employee's total time
worked in the position. Following the promotion, the employee's merit
increase, if applicable, will be awarded at the conclusion of the promotional
probationary period (including all time he/she was receiving acting pay). All
subsequent merit increases will be awarded upon completion of twenty-six
(26) complete pay periods.
h. Where an employee continues to perform the job duties for the position
he/she normally fills, acting pay shall not be reported to CalPERS as special
compensation, and therefore is not compensation earnable pursuant to
California Public Employees' Retirement System (CaIPERS) Regulations,
Section 571.
XXIX. The term of this Compensation Letter for Professional and Confidential Employees
is for the period of July 1, 2015 to June 30, 2018.
Marc Marca`ntonio Date
General Manager
Professional and Confidential Employees Compensation Letter FYs 2015-2018