Loading...
HomeMy WebLinkAbout09. Adopt Resolution No. 2024-008 outlining the employment and salary benefits of the Unrepresented At-Will Employees' Group and rescind Resolution No.2023-050Item 9. BOARD OF DI RECTORS POSIT ION PA PER M E E T ING D AT E:A P R I L 4, 2024 S UB J E C T: A D O P T R E S O L UT I O N NO. 2024-008 O UT L I NI NG T HE E MP L O YME NT S A L A RY A ND B E NE F I T S O F T HE UNR E P R E S E NT E D AT-W I L L E MP L O YE E S' G R O UP A ND R E S C I ND R E S O L UT I O N NO. 2023-050 S UB M I T T E D B Y: T E J I O'MA L L E Y, HUMA N R E S O UR C E S A ND O R G A NI Z AT I O NA L D E V E L O P ME NT MA NA G E R I NI T I AT I NG D E PART M E NT: O F F I C E O F T HE G E NE R A L MA NA G E R - HUMA N R E S O UR C E S R oger S . B ailey General Manager IS S UE Board of Directors' approval is required to adopt a new, revised resolution which rescinds and replaces an active resolution. B AC K G RO UND C urrently, S ection A - General and Merit I ncreases of the resolution that outlines the salary and benefits for the unrepresented employees states the f ollowing: Effective April 18, 2022, A pril 18, 2023, April 18, 2024, A pril 18, 2025, and April 18, 2026, employees' wages shall be adjusted by the change in the C onsumer Price I ndex (C P I ) for all Urban Consumers (S an F rancisco/Oakland/San J ose) during the most recently completed F ebruary to F ebruary time period prior to the applicable April. E f f ective A pril 18, 2022, the adjustment shall be a minimum of 2.0% and a maximum of 5.0%. Effective April 18, 2023, A pril 18, 2024, April 18, 2025, and A pril 18, 2026, the minimum shall be 2.0% with a maximum 3.75%. In 2023, the applicable CP I was 5.30%, and therefore, in accordance with the abovementioned M OU language, the general increase granted to all employees was 3.75%. In 2024, the applicable CP I is 2.40%, and therefore, based on the M OU language, the general increase should be 2.40% effective April 18, 2024. April 4, 2024 Special Board Meeting Agenda Packet - Page 44 of 97 Page 1 of 12 However, in early 2023, two of the District's bargaining units (Local #1 and M S/C G) requested the Board reconsider the general increases in light of the high inflation in 2023. T he Board has considered the requests and given that the Consumer Price Index (C PI) last year was 5.30% (beyond the ceiling of 3.75% by 1.55%) and the C PI this year is 2.40%, the District will agree to offer an incremental increase of 1.35% in addition to the 2.40% wage increase which is to be effective April 18, 2024. T his action will grant a one-time wage increase of 3.75% effective April 18, 2024. T his change will only apply to the general increase effective April 18, 2024. All future general increases will be granted in accordance with the current language in Section A – General and Merit Increases. ALT E RNAT I V E S /C O NS I D E RAT IO NS D o not rescind and replace Resolution No. 2023-050 to update the salary and benefits of the unrepresented, at-will classifications. I f this action is not approved, unrepresented employees will receive a cost of living adjustment of 2.4% pursuant to the current language in the resolution. F I NANC IAL I M PAC T S T he incremental 1.35% being added to the scheduled general wage increase of 2.40% will result in a approximate annual cost of $30,000 f or the employees covered under the Unrepresented Resolution. C O M M I T T E E RE C O M M E ND AT IO N T his item did not go to a committee as it was discussed in closed session on March 21, 2024. RE C O M M E ND E D B O ARD AC T I O N Adopt the proposed Resolution No. 2024-008 outlining the salary and benefits for the unrepresented at- will positions, and rescind Resolution No. 2023-050. Strategic Plan Tie-I n G O A L TH R EE: Workforce Diversity and D evelopment Strategy 2 - Engage employees and conduct labor relations in a transparent, effective and collaborative environment, Strategy 3 - Retain skilled workers by investing in resources and opportunities for all employees to grow and thrive AT TAC HM E NT S : D escription 1. P roposed Resolution with A mendments April 4, 2024 Special Board Meeting Agenda Packet - Page 45 of 97 Page 2 of 12 RESOLUTION NO. 2024-008 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT OUTLINING THE EMPLOYMENT SALARY AND BENEFITS FOR UNREPRESENTED, AT-WILL POSITIONS AND RESCINDING RESOLUTION NO. 2023-50 WHEREAS, the salary and benefits of unrepresented, at-will positions should be memorialized. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT Section A. GENERAL AND MERIT INCREASES shall be changed as per the attached EXHHIBIT A. THAT the unrepresented, at-will employees may discuss their salary, benefits, and conditions of employment with the General Manager at any time. THAT, as of the effective date of this resolution, the existing Central San Resolution No. 2023-50 is rescinded. PASSED AND ADOPTED this 4th day of April 2024, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Eileen Hansen Secretary Pro Tem Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: J.Leah Castella, Esq. Counsel for the District Attachment 1 April 4, 2024 Special Board Meeting Agenda Packet - Page 46 of 97 Page 3 of 12 Page 1 of 9 EXHIBIT A SALARY AND BENEFITS FOR UNREPRESENTED AND AT-WILL EMPLOYEES A. GENERAL AND MERIT INCREASES - Effective April 18, 2022, April 18, 2023, April 18, 202 April 18, 2025, and April 18, 2026, employees' wages shall be adjusted by the change in the Consumer Price Index for all Urban Consumers (San Francisco/Oakland/San Jose) during the most recently completed February- to-February time period prior to the applicable April. Effective April 18, 2022, the adjustment shall be a minimum of 2.00 percent and a maximum of 5.00 percent. Effective April 18, 2023, April 18, 2024April 18, 2025, and April 18, 2026, the adjustment shall be a minimum of 2.00 percent and a maximum of 3.75 percent. Effective April 18, 2024, employee wages will be adjusted by 3.75%. Employees will normally receive a salary step increase every 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 60 The extra days accrued due to service of over five years are credited to each employee's account on his/her anniversary date. If an employee leaves Central Contra Costa Sanitary District (District), they will be paid for any earned vacation time not used. Payment of accumulated vacation time above the maximum annual accrual shall occur automatically on the anniversary date on which the time would be lost. An employee may request a payment of the cash equivalent of vacation accruals subject to the following: 1. Employee must make an irrevocable election before the end of each calendar year to either (a) receive payment in the following calendar year of the cash equivalent of all or a portion of the vacation hours that will accrue during the following calendar year, or (b) to take those vacation hours as paid vacation during the following calendar year. Elections must be made every year and April 4, 2024 Special Board Meeting Agenda Packet - Page 47 of 97 Page 4 of 12 Page 2 of 9 will not carry over from one calendar year to the next. If an employee fails to make an election, the employee will be deemed to have irrevocably elected to take all of the vacation hours that will accrue in the following calendar year as paid time off. 2. The election must designate the number of vacation hours being requested for payment. The payment cannot exceed the value of the maximum vacation accruals based on the employee’s years of service in the year of payment up to a maximum of one hundred sixty (160) hours. An employee may request cash payment of the value of vacation hours the employee elected to convert to cash compensation before the end of the previous calendar year at any time during the current calendar year provided that no cash payment for the value of vacation hours will be made unless and until the vacation hours have been earned and accrued as detailed in the above accrual schedule. 3. Vacation hours an employee elects to convert to cash compensation in the following calendar year as described above will be converted to cash compensation based on the employee's hourly rate of pay in effect at the time of the payment request. C. SICK LEAVE - Twelve (12) days of sick leave per year. Sick leave may be used up to 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 10 days to their sick leave account. Unused sick leave accumulates from one year to the next. There is no maximum limit. The District shall augment the sick leave policy with an incentive benefit using the following schedule: Years of Service Pay-Off Credit at Termination Pay-Off Credit at Retirement 0-5 0% 0% 5-10 25 25 10-25 25 35 25+ 25 40 Employees hired or promoted into one of the classifications in the unrepresented at-will group, effective on or after December 18, 2017, will be subject to the following provision: Any cash out of sick leave accruals shall be deducted from an employee's sick leave accrual bank at time of retirement. Any remaining balance shall be reported to the Contra Costa County Employees' Retirement Association as retirement service credit. April 4, 2024 Special Board Meeting Agenda Packet - Page 48 of 97 Page 5 of 12 Page 3 of 9 D. ADMINISTRATIVE LEAVE - Eighty (80) hours per year. These administrative leave hours will be credited to each employee's account on April 18th of each year. E. HOLIDAYS – Fourteen (14) paid holidays per year. F. MEDICAL INSURANCE - 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. Employees shall be provided with health care options through CalPERS. “Core Plans” – Effective upon the implementation of CalPERS, the District agrees to pay the full monthly premium cost of the Kaiser Permanente or Anthem Blue Cross Traditional HMO plan (the “Core Plans”) for active employees and qualified eligible dependents. The District will pay the CalPERS minimum required contribution amount toward the employee's health care coverage directly to CalPERS in accordance with CalPERS requirements. The District will make a contribution for the remaining amount (that portion of the District's contribution that exceeds the CalPERS minimum required contribution) to the District's Section 125 cafeteria plan for employees to allocate toward the cost of their health care benefits. If an employee selects any other plan that is offered by CalPERS that exceeds the cost of either of the Core Plans, the employee must pay the difference in premiums between the highest cost Core Plan and the plan he or she selects. If the selected plan is less than either of the core plans, employees shall not be reimbursed the difference. If CalPERS no longer offers the Core Plans that the District has designated above, the parties agree to meet to determine which plans will be designated as Core Plans. Vision Coverage: Fully paid by the District for employee and qualified eligible dependents. G. DENTAL PLAN - Fully paid by the District for employee and qualified eligible dependents. H. RETIREMENT PROGRAM - The District shall provide a retirement program for all employees administered by the Contra Costa County Employees Retirement Association (CCCERA). Employees are responsible for paying the full share of the normal costs associated with the employee share as calculated by CCCERA. a. 401(A) PLAN - District's contribution in an amount equal to that which normally would have been contributed to Social Security. In addition, each employee eligible to participate in the District’s qualified money purchase pension plan (401(a) Plan) who is described in one of the categories described below will, effective April 18, 2022, automatically contribute to the 401(a) Plan by April 4, 2024 Special Board Meeting Agenda Packet - Page 49 of 97 Page 6 of 12 Page 4 of 9 mandatory pretax salary reduction the amount specified below for the category. Category (Based on Attributes on Resolution Date) Amount Annual compensation exceeding $200,000, but not exceeding $250,000 8% of base pay each pay period. Annual compensation exceeding $250,000 12.5% of base pay each pay period. Annual compensation of less than $200,000 2% of base pay each pay period. Each contribution will be deducted ratably from the employee’s compensation each payroll period during the Plan Year (or the remainder of the Plan Year in which this resolution is adopted). The District designates all mandatory employee salary reduction contributions to the 401(a) Plan as pick-up contributions and will pick up those contributions in accordance with section 414(h)(2) of the Internal Revenue Code (Code) and all guidance issued thereunder as follows: 1. This resolution applies to all contributions that are required to be made by any employees of the District as members of the 401(a) Plan, on a regular payroll deduction basis and that are reported to the 401(a) Plan and credited to employee accounts. 2. Although designated as employee contributions, and deducted from employees' compensation, the contributions shall, for tax purposes, be characterized as "picked up" by the District in accordance with Code section 414(h)(2), and shall be treated as paid by the District in lieu of contributions by the employee. 3. Employees shall not have the option of choosing, directly or indirectly, to receive the contributions instead of having them made to the 401(a) Plan. 4. The District shall pay the contributions designated as employee contributions from the same source of funds as used in paying salary. 5. Employee contributions that are picked up in accordance with this resolution shall result in the tax deferral of these contributions to the extent provided under the Code, Treasury regulations and other guidance issued thereunder. April 4, 2024 Special Board Meeting Agenda Packet - Page 50 of 97 Page 7 of 12 Page 5 of 9 6. This resolution establishes and adopts the District's pick-up practices in accordance with Revenue Ruling 2006-43. 7. The District shall comply with all reporting, contribution, and other administrative requirements established by the 401(a) Plan with respect to all employees whose contributions are picked up in accordance with this resolution. I. RETIREE MEDICAL, VISION AND DENTAL COVERAGE Retiree Benefits: Employees are eligible for retiree medical benefits through CalPERS provided that they retire from the District within 120 days of separation from the District and begin receiving a retirement allowance from the Contra Costa County Employees’ Retirement Association. For employees who do not meet the eligibility requirements as outlined in Medical Tiers II and Ill, the District will only pay the minimum employer contribution that CalPERS requires toward medical coverage upon retirement from the District. The District will pay the CalPERS minimum required contribution amount toward a retiree's health care coverage directly to CalPERS in accordance with CalPERS requirements. For those employees that are eligible for Medical Tiers II or Ill benefits, the District will pay the CalPERS minimum required contribution amount toward the employee's health care coverage directly to CalPERS in accordance with CalPERS requirements. The District will contribute any amount that exceeds the CalPERS minimum required contribution, in accordance with the employees' tier, to a retiree-only Health Reimbursement Account. MEDICAL TIER II: Employees hired after May 1, 1985, will be covered by medical, dental, vision and reduced life insurance plans ($10,000). The District will pay more than the minimum employer contribution that CalPERS requires, if the employee meets the “Rule of 65.” For employees hired after May 1, 1985 but before April 19, 2003, the “Rule of 65” requires that an employee's age plus years of service with the District at the time of retirement total 65 with a minimum age of 50 and a minimum of 10 years of continuous service. For employees hired between April 19, 2003, and June 30, 2009, the “Rule of 65” requires a minimum age of 55 years old and a minimum of 10 years of continuous service. If an employee meets the “Rule of 65,” effective upon the ratification of the Memorandum of Understanding and the implementation of CalPERS, the District shall pay the full monthly premium cost of the Kaiser Permanente or Health Net SmartCare plan (the Core Plans for active employees). At age 65, the District will pay 50 percent of the retiree’s chosen Core Plan premium or the minimum employer contribution that CalPERS requires, whichever is greater. The District will also pay 50 percent of the cost of the retiree's dental and vision coverage. Eligible employees' qualified dependents (as April 4, 2024 Special Board Meeting Agenda Packet - Page 51 of 97 Page 8 of 12 Page 6 of 9 defined by the plan provider) who were covered as dependents at the time of retirement also shall be covered by medical, vision, and dental plans with the exception that the District will only pay for the full cost of an eligible dependent's medical, vision, and dental plan premiums until the eligible dependent's 55th birthday. At age 65, the District will pay 50 percent of a retiree’s eligible dependent's core medical, dental, and vision plan premiums. MEDICAL TIER Ill: Employees hired after June 30, 2009, will be covered by medical, dental, and vision plans. The District will pay more than the minimum employer contribution that CalPERS requires toward the cost of the retiree’s coverage, if the employee meets the “Rule of 70.” The “Rule of 70” requires that an employee’s age plus years of service with the District at the time of retirement total 70 with a minimum age of 55 and minimum of 10 years of continuous service. If an employee meets the “Rule of 70,” the District will pay 50 percent of the monthly premium cost of the retiree’s chosen Core Plan or the minimum employer contribution that CalPERS requires, whichever is greater. The District will also pay 50 percent of the core medical plan premium and vision premium for the retiree's spouse or domestic partner. The District will not pay for any coverage for other dependents of the retiree. The District will pay 100 percent of the premium cost for dental for the retiree and spouse or domestic partner until they each reach the age of 65. At age 65, the District will pay 50 percent of the cost for dental coverage for the retiree and the spouse or domestic partner. For Medical Tier Ill employees hired on or after April 18, 2013, the District will pay 50 percent of the premium cost for dental coverage for the retiree and spouse or domestic partner upon retirement. Core Plan for those retirees under the age of 65 are Kaiser Permanente and Anthem Blue Cross Traditional HMO . For those retirees age 65 and older, the Core Plans are Kaiser Senior Advantage and United Healthcare. If a retiree selects any other plan that is offered by CalPERS that exceeds the cost of either of the Core Plans, the employee must pay, in addition to their share of the monthly premium, the difference in premiums between the highest cost Core Plan and the plan he or she selects. If the selected plan is less than either of the core plans, retirees shall not be reimbursed the difference. At the time of an employee's retirement, all qualified dependents (as defined by the plan provider) who already were dependents at the time of retirement shall continue to be covered by the District's medical and dental plans in accordance with the Medical Tiers I and II benefits as stated above. The District shall have no obligation to pay for coverage for more than two-party (retiree plus one) coverage for any new and different dependent added after the date of retirement. Medicare: The medical coverage for retirees and their eligible dependents will be integrated with Medicare (Medical Tiers II and III) at age 65. For Medical Tier II April 4, 2024 Special Board Meeting Agenda Packet - Page 52 of 97 Page 9 of 12 Page 7 of 9 retirees, upon submission of evidence of payment to Medicare, the District will reimburse the retiree and/or dependent for the cost of the Medicare (Part A and/or B) premiums. However, the District will not be responsible for any penalties or increased costs in the Medicare premium should the employee and/or eligible dependent not enroll in Medicare during the enrollment period surrounding his/her 55th birthday. For Medical Tier Ill, the District will not reimburse any Medicare premiums. The District will make a contribution to a Health Reimbursement Account equal to the cost of the Medicare reimbursement based on the eligible tier. Survivor Benefits: Qualified dependents of a deceased employee/retiree will be eligible for the continuance of health and dental benefits at the same level as the retiree unless the dependents are no longer eligible under District or CalPERS rules, regulations, or policies. Health Reimbursement Arrangement: All active Tier III employees will, effective April 18, 2022, automatically contribute 7% of base salary by mandatory pretax salary reduction each pay period to a health reimbursement arrangement (HRA) to be used to reimburse post-employment health insurance premiums. J. DISABILITY PLAN - Employees shall pay the premiums for the Long-Term Disability Program. K. 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. L. CAFETERIA PLAN - $425 per month. M. 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 United States and Canada unless approved by the General Manager and the District Board. The unused portion may carry over two additional fiscal years, allowing for a maximum expenditure in any fiscal year of $9,000. April 4, 2024 Special Board Meeting Agenda Packet - Page 53 of 97 Page 10 of 12 Page 8 of 9 N. 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. O. LONGEVITY COMPENSATION - An additional 2.5 percent salary increase after 10 years or more of continuous employment with the District and an additional 2.5 percent salary increase (for a total of five percent) after 20 years of continuous employment with the District. P. 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 70 percent 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 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 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. Q. EMPLOYEE ASSISTANCE PROGRAM (EAP) - Provided by the District to the employee. April 4, 2024 Special Board Meeting Agenda Packet - Page 54 of 97 Page 11 of 12 Page 9 of 9 APPENDIX A - CLASSIFICATIONS COVERED BY THIS RESOLUTION Deputy General Manager Director of Engineering and Technical Services Director of Finance and Administration Director of Operations Human Resources and Organizational Development Manager Internal Auditor April 4, 2024 Special Board Meeting Agenda Packet - Page 55 of 97 Page 12 of 12