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HomeMy WebLinkAbout06.a. Approve and ratify amendment to 2012 Management Group MOU and adopt resolution confirming salary and benefits for two unrepresented positions 6-a- Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PA PER Board Meeting Date: September 15, 2016 Subject: APPROVE AND RATIFY THE AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE CENTRAL CONTRA COSTA SANITARY DISTRICT MANAGEMENT GROUP AND ADOPT A RESOLUTION DOCUMENTING THE SALARY AND BENEFITS FOR THE UNREPRESENTED AT-WILL POSITIONS Submitted By. Initiating Dept./Div.: Ann Sasaki, Operations/Human Resources Deputy General Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: K.Alm Roger S.Bailey Counsel for the District General Manager ISSUE: The Central Contra Costa Sanitary District Management Group (Management Group) ratified an Amendment to the 2012 Memorandum of Understanding with the District on August 22, 2016 and formal adoption by the Board of Directors is required. BACKGROUND: In January of this year, the General Manager brought to the attention of the Management Group an issue related to the composition of the Management Group bargaining unit. In many similar organizations, the positions that report directly to the General Manager are not part of a management bargaining group, as they are at the District. These positions are the Deputy General Manager, Director of Budget and Finance, and Director of Engineering and Technical Services. The current management unit organizational structure is not an optimal organizational structure, given that these positions carry a wide breadth of executive decision making responsibility, including decisions which need to be made in the General Manager's absence. In addition, the position of Human Resources Manager, which is a direct report to the Deputy General Manager, has direct responsibility for recommending and implementing personnel, labor relations and other employment decisions, including decisions involving members of the Management Group. Similar sensitive management issues arise for each of the other three executive management positions noted. In addition, the potential for conflicts of interest, or the appearance of such conflicts, is inherent in this existing management unit composition. Executive management positions with similar responsibilities in many public agencies are considered to be part of an unrepresented confidential executive team to avoid the appearance of such conflicts. The labor negotiator for the District met and conferred with the Management Group on this issue in compliance with the District Code, Section 4.24.050 — Modification of POSITION PAPER Board Meeting Date: September 15, 2016 Subject-' APPROVE AND RATIFY THE AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE CENTRAL CONTRA COSTA SANITARY DISTRICT MANAGEMENT GROUP AND ADOPT A RESOLUTION DOCUMENTING THE SALARY AND BENEFITS FOR THE UNREPRESENTED AT-WILL POSITIONS established representation unit. The Management Group voted in August 2016 to modify the composition of the Management Group and remove the positions of Deputy General Manager and Human Resources Manager from its representation. Attached is an executed Amendment to the 2012 Memorandum of Understanding between the District and the Management Group presented for approval by the Board. If approved, the salary and benefits of the two newly unrepresented positions of Deputy General Manager and Human Resources Manager should be memorialized. Staff has drafted a resolution to document their salary and benefits, which may be modified by direction of the Board. ALTERNATIVES/CONSIDERATIONS: None. FINANCIAL IMPACTS: None with this action. COMMITTEE RECOMMENDATION: This item was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION: 1. Approve and ratify an Amendment to the 2012 Memorandum of Understanding between the District and the Management Group effective August 22, 2016 to remove the following classifications from the bargaining unit: Deputy General Manager and Human Resources Manager; and 2. Adopt the proposed resolution confirming the salary and benefits for the unrepresented at-will positions. Attached Supportinq Documents: 1. Executed Amendment to the 2012 Memorandum of Understanding 2. Proposed Resolution for Unrepresented At-Will Positions ATTACHMENT 1 AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE MANAGEMENT GROUP The Central Contra Costa Sanitary District("the District") and Management Group have met and conferred regarding the classifications currently covered by the Memorandum of Understanding (MOU) between these parties for the period from April 18, 2012 and December 17, 2017, and have reached the following agreements: I. Effective upon the date of approval of this amendment by the Board of Directors of the District, the following classifications will no longer be included in the Management Group bargaining unit: A) Deputy General Manager B) human Resources Manager Entered into ��t RZ -------- 2016, subject to adoption by the Board of Directors of the Central Contra dista District. CENTRAL CONTRA COSTA MANAGEMENT GROUP SANITARY DISTRIC-1 Roger S. Bailey Lori Schectel Edgar Loper ATTACHMENT 2 RESOLUTION NO. 2016-03 (p A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT OUTLINING THE EMPLOYMENT BENEFITS FOR UNREPRESENTED AT-WILL POSITIONS WHEREAS, the Central Contra Costa Sanitary District Management Group is the formally recognized exclusive employee representative for all Management Employees, excluding the Executive Management Team, and WHEREAS, the Management Group voted in August 2016 to modify and remove from the bargaining unit the positions of Deputy General Manager and Human Resources Manager; and WHEREAS, the salary and benefits of the two newly unrepresented at-will positions should be memorialized. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District ("District") as follows: THAT the unrepresented at-will employees shall be entitled to the following salary and benefits: a. GENERAL AND MERIT INCREASES - Effective April 18, 2017, employees' wages shall be adjusted by the change in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/ Oakland /San Jose) during the most recently completed February to February time period prior to the applicable April, with a minimum of 2% and a maximum of 5%, plus an additional 1% wage increase will be added to the CPI adjustment. Employees will normally receive a salary step increase every twelve (12) months until they reach the top of their range. b. VACATION Years Employed Annual Accrual Maximum Accrual 0 — 3 Years 10 Days 20 Days 3-5 15 30 5-10 16 32 10 - 15 17 34 15 - 20 20 40 20 - 25 25 50 25 - 30 30 60 30+ 35 70 Central Contra Costa Sanitary District Resolution 2016-_alG Page 2 of 5 The extra days accrued due to service of over five (5) years are credited to each employee's account on his /her anniversary date. If an employee leaves the District they will be paid for any earned vacation time not used. An employee may request payment of accumulated vacation time provided that the employee has either used at least ten (10) vacation days during the last twelve (12) months or has accrued sufficient vacation time to take a mandatory ten (10) days of vacation time off within the calendar year of application. The only exception is the payment of accumulated vacation time above the maximum annual accrual shall occur automatically on the anniversary date on which the time would be lost provided that an employee has used at least ten (10) vacation days during the last twelve (12) months. C. SICK LEAVE - Twelve (12) days of sick leave per year. Sick leave may be used up to ten (10) days annually to attend to the health needs of an immediate family member. Also, in the event of a death in the employee's immediate family, the employee may charge a maximum of ten (10) days to their sick leave account. Unused sick leave accumulates from one year to the next. There is no maximum limitation. The District shall augment the sick leave policy with an incentive benefit using the following schedule: Years of Pay-Off Credit Pay-Off Credit Service at Termination at Retirement 0-5 0% 0% 5-10 25 25 10-25 25 35 25+ 25 40 d. ADMINISTRATIVE LEAVE — Eighty (80) hours per year. e. HOLIDAYS - Thirteen (13) paid holidays per year. f. MEDICAL INSURANCE - Employees shall be provided with a choice of three health plans. The premium cost of the plans shall be borne by the District. However, employees hired after June 30, 2009 who select the PPO plan shall pay through payroll deduction the difference in premiums between the PPO plan and the highest cost HMO plan. Employees with dual health insurance coverage may waive District medical coverage and in lieu receive a District contribution to the Section 401(a) plan in the amount of$400 per month. g. DENTAL PLAN - Fully paid by the District. Central Contra Costa Sanitary District Resolution 2016-QZ4 Page 3 of 5 h. RETIREMENT PROGRAM - Employees will contribute to the employee cost -of- living (COL) share of the retirement system as required by the Contra Costa County Retirement System. In addition, effective April 18, 2017, employees shall pay the entire employee contribution rate toward their pension based on their age at the time of hire as calculated and determined by CCCERA. i. 401(A) PLAN - District's contribution in an amount equal to that which normally would have been contributed to Social Security. j. RETIREE MEDICAL AND DENTAL COVERAGE —At the District Tier III level. The Rule of 70 must be met. Age plus years of service with the District at the time of retirement must total 70, with a minimum requirement that the employee must be at least age 55 and have at least ten (10) years of continuous service. The District shall only pay fifty percent (50%) of the premium cost for the lowest cost medical and dental plan for the retiree and spouse. Eligible employees' qualified dependents (as defined by the plan provider) other than the employee' s spouse who were covered as dependents at the time of retirement also shall be covered by medical and dental plans with the exception that the employee shall pay the full cost of coverage for those dependents. Tier III retirees and dependents are ineligible for life insurance. k. DISABILITY PLAN - Employees shall pay the premiums for the Long Term Disability Program. I. LIFE INSURANCE - The District provides term life insurance and accidental death and dismemberment coverage as follows: The lesser of (a) an amount equal to two times the employee's annual earnings, the result rounded to the next higher multiple of$1,000 if not an exact multiple thereof, or (b) $ 250,000. Dependents term life insurance equals $1,500 for employee's spouse and $100 for employee's children according to attained age of 14 days or over but less than six months, and $1,000 for children six months or over until age nineteen, unless a full -time student less than 23 years of age and dependent upon the employee for support. M. CAFETERIA PLAN - $425 per month. n. PROFESSIONAL EXPENSE REIMBURSEMENT - $3,000 per fiscal year for use in improving knowledge and skills. This allowance may be used for professional, job-related training, class, or conference, subject to approval by the General Manager. Travel is limited to the U. S. and Canada unless approved by the General Manager and the District Board. The unused portion may carry over two Central Contra Costa Sanitary District Resolution 2016-fi6 Page 4 of 5 additional fiscal years, allowing for a maximum expenditure in any fiscal year of $9,000. o. REGISTRATION DIFFERENTIAL - Five percent (5%) salary increase to employees who achieve registration or license as a Professional Engineer, Land Surveyor, or Certified Public Accountant in a position not requiring such registration or license. p. PROFESSIONAL REGISTRATION - The District shall pay the registration and renewal fees for all professional registered engineers, licensed land surveyors, Certified Public Accountants, and those employees who hold a current California Wastewater Treatment Plant Operator's Certificate. The registration and /or certificate must be a requirement of the employee's classification. q. LONGEVITY COMPENSATION - An additional two and one-half percent (2- 1/2%) salary increase after 10 years or more of employment with the District and an additional two and one-half percent (2-1/2%) salary increase (for a total of 5%) after twenty (20) years of continuous employment with the District. r. SALARY CONTINUANCE - It is the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work -related injury or illness. This plan commences if the employee qualifies for temporary disability payments from Worker's Compensation for the disability and, if in the opinion of the District, the disability is work -related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy percent (70%) of gross salary less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disability is reached, whichever comes first. The Salary Continuance Plan will commence on the fourth day after the disabled employee leaves work as a result of the injury or illness after a three-day waiting period. However, if the injury or illness causes disability of more than twenty-one (21) days or necessitates hospitalization, the Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick leave accrual during this waiting period. S. EMPLOYEE ASSISTANCE PROGRAM (EAP) - Provided by the District to the employee. THAT the unrepresented at-will employees may discuss their salary, benefits, and conditions of employment with the General Manager at any time. Central Contra Costa Sanitary District Resolution 2016-Q.flo Page 5 of 5 PASSED AND ADOPTED this 15th of September, 2016, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District 2705186.1