HomeMy WebLinkAbout13-066ti- ,a°
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Resol~t~on No. 13-056
RESOLUTION OF THE COUNTY OF BUTTE
REGARDING SALARY AND BENEFITS OF
BUTTE COUNTY APPOINTED DEPARTMENT HEADS
WHEREAS, Butte County Appointed Department Heads are exempt from the Merit
System and some employee benefits provisions of the Personnel Rules; and
WHEREAS, the Butte County Baard of Supervisors grants benefits to Appainted
Department Heads that are the same as or similar to those provided to classified employees; and
WHEREAS, it is the intent of the Board of Supervisors that Appointed Department
Heads' benefits be standardized where allowed by law or this policy, unless otherwise provided
for by individual contract; and
WHEREAS, resolution 09-171 formerly specified the salary and benefits entitled to
Appointed Department Heads; and
WHEREAS, Resolution Number 11-112 superseded and replaced Resolution Number 09-
171, effective October 11, 2011, specifying the salary and benefts to which Appointed
Department Heads are entitled, as well as implementing provisions whereby Appointed
Department Heads would pay the full employee share of their Ca1PERS pensions and receive a
corresponding 2% salary increase ("Miscellaneous members"} or a 4% salary increase ("Safety"
members}; and
WHEREAS, on September 12, 2012, the California Public Employees' Pension Reform
Act of 2013 ("PEPRA") was signed into law by California Governor Jerry Brown through
Assembly Bi11340; and
WHEREAS, the County of Butte is required to implement PEPRA; and
WHEREAS, this resolution supersedes and replaces Resolution Number 1I-112 except
where Resolution Number 11-112 applies to an Appointed Department Head by incorporation
into his or her contract, in which case the terms of the contract control.
NOW, THEREFORE, BE 1T RESOLVED, by the Board of Supervisors that, effective
the first full pay period following adoption of this resolution, Appointed Department Head
benefits shall be as follows unless otherwise specifically provided for differently in an
individual's contract:
1. Vacation Leave Accrual and Use
Amount of Continuous Count Service Earned at the Rate of:
Up to 5 years of service 15 days per year (120 hours)
Beginning of 6t" year through end of lOt" year of service 20 days per year (160 hours)
Beginning of 1 lt" year through end of 20t" year of service 25 days per year (200 hours)
21 years and over 27 days per year (21b hours)
a. Appointed Department Heads shall accrue vacation leave at the rates set forth above and
shall be allowed to accumulate years of service from any position of employment held in
the County of Butte. Appointed Department Head vacation accruals may not exceed
twice the annual accrual at the start of the f rst pay period in a calendar year. if the
Appointed Department Head is unable to take the scheduled vacation during a calendar
year due to unusual circumstances which result in his/her accumulation limit being
exceeded, or in the three month grace period following the beginning of the calendar year
because of emergency needs of the County, the Appointed Department Head shall be paid
for the excess vacation accrual upon the Board of Supervisor's approval.
b. All accumulated vacation on record shall be paid at the time of separation from
employment.
c. Vacation Buy Back
(1) Appointed Department Heads taking at least forty (40) hours of vacation time shall,
concurrently, have the option of requesting pay in lieu of time off for up to an additional
forty {40) hours of accrued vacation time once per fiscal year. Vacation buy-back shall
only be available in increments of eight (8) hours. Such requests are subject to the
approval of County Administrative Officer and the availability of funds.
{2) In addition to the above mentioned vacation buy back option; Appointed Department
Heads shall have the option of buying back up to an additional one hundred four (104)
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hours of vacation time during each year of the contract in increments of eight (8) hours.
Such requests are subject to the approval of County Administrative Officer and the
availability of funds.
d. If an employee of the County promotes from classif ed service to an Appointed
Department Head position, and there is no break in service by so doing, the employee
may opt to have their accrued vacation leave balance on record transfer with the
employee into the Appointed Department Head position. Under this provision, the hours
that are ire excess of the maximum allowable may not be transferred, but instead shall be
paid out. Vacation hours shall continue to accrue from the initial, continuous, date of
hire.
2. Sick Leave Accrual and Use
a. Appointed Department Heads shall be credited with sick leave at the rate of one day per
month without limit and may use it in case of sickness or disability ar for critical illness
of an immediate family member (3.6923 hours per biweekly pay period}.
b. On retirement or separation in good standing from County employment, the Appointed
Department Head may be paid for any sick leave aver 30 days at one-half the normal rate
up to a maximum of $3,000, or may apply the leave time to service credit for retirement
purposes.
3. Holiday Leave
Appointed Department Heads who are on compensated status both before and after a
designated holiday shall receive compensation for the holiday.
4. Famil Care & Medical Leave
Appointed Department Heads are eligible for Family Medical Leave, California Family
Rights Leave, andlor Pregnancy Disability Leave as provided for by Iaw and as described
in the Medical Leave Policy contained in the Personnel Rules.
5. Administrative Leave
Appointed Department Heads accrue paid administrative leave at the rate of 10 days per
year (3.0769 hours per biweekly pay period) to a maximum of 44 days.
6. Bereavement Leave
Whenever a Appointed Department Head believes it necessary to be absent from duty
because of the death of a member of the individual's "immediate family" as defined in
the Personnel Rules, the Appointed Department Head may be absent for five working
days with pay far each occasion. Any time used in this manner shall not be charged to
sick leave or vacation, but shall be documented and recorded as bereavement leave. In
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the case of the deaths of individuals other than those defined as immediate family who
were living in the Appointed Department Head's household as family members, approval
for the use of bereavement leave shall be on a case-by-case basis at the sole discretion of
the Chief Administrative Officer.
7. Retirement Plan
Participation in the retirement plan shall be consistent with the requirements of the
California Public Employees' Pension Reform Act of 2013 as it is currently enacted and
as it is amended in the future, and its implementing regulations, referred to hereinafter
collectively as "PEPRA". To the extent PEPRA conflicts with any provision of this
Resolution, PEPRA will govern.
a. "New Members" -For purposes of this section "New Member" is defined by PEPRA
to be any of the following (statutory reference is to the California Government Code):
(1} An individual who becomes a member of any public retirement system for the first
time on or after January 1, 2013, and who was not a member of any other public
retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the first
time on or after January 1, 2013, and who was a member of another public
retirement system prior to that date, but who was not subject to reciprocity under
subdivision {c) of Section 7522.02.
(3) An individual who was an active member in a retirement system and who, after a
break in service of more than six months, returned to active membership in that
system with a new employer. For purposes of this subdivision, a change in
employment between state entities or from one school employer to another shall not
be considered as service with a new employer.
Appointed Department Heads who are "New Members", as defined above, are eligible to
participate in the County retirement program as contracted through the California Public
Employees' Retirement System ("CaIPERS"}. The retirement program is integrated with
Social Security and the retirement benefit is based on the highest average annual
compensation over athree-year period and the 2% @ 62 formula (2.7% @ 57 safety
formula for the Chief Probation Officer)
b. "Classic Members" -For purposes of this section "Classic Member" is defined as a
member who does not meet the definition of a "New Member" as defined by PEPRA.
Appointed Department Heads who are "Classic Members", as defined above, are eligible
to participate in the County retirement program as contracted through the California
Public Employees' Retirement System ("Ca1PERS"). The retirement program is
integrated with Social Security and the retirement benefit is based on the highest single
year of salary and on the 2% @ 55 formula {2% @ 50 safety formula far the Chief
Probation Officer).
Page 4 of 10 May 20 i 3
c. Retirement Contribution
Non-Safety Classifications:
"Classic Members": Effective the first full pay period including January 1, 2013,
Appointed Department Heads will pay on a pre-tax basis seven percent (7%) of salary
for the employee share of hisCher CaIPERS pension.
"New Members": Effective the pay period including January 1, 2013, Appointed
Department Heads shall pay an amount that is equal to one half (112) the normal cost
of his/hers Ca1PERS pension, or the current contribution rate of similarly situated
employees, whichever is greater.
Safety Classifications:
"Classic Members": Effective the pay period including January 1, 2013, the Chief
Probation Officer will pay on a pre-tax basis nine percent (9%) of salary for the
employee share of his/her CaIPERS pension.
"New Members": Effective the pay period including January 1, 2013, the Chief
Probation Officer shall pay an amount that is equal to one half (112) the normal cost
of his/hers CaIPERS pension, or the current contribution rate of similarly situated
employees, whichever is greater.
8.
9.
Unem loyment Insurance
Unemployment insurance is provided according to State law. The Chief Administrative
Officer is not covered by unemployment insurance.
Health Dental Vision and Life Insurance
a. Participation.
Appointed Department Heads are entitled to participate in a County sponsored Health
Plan under the County's CaIPERS contract including dental, vision, and life insurance
elements. All Appointed Department Heads assigned to a (112) one-half time or more
position and the Appointed Department Heads' dependents shall be entitled to participate
in the county-sponsored group health plan. Eligible Appointed Department Heads
enrolling in the plan within (30) thirty days following their appointment will be covered
subject to the provisions of this resolution and the contract limitations with the carrier.
Appointed Department Heads enrolling after the (30) thirty-day enrollment period will be
approved only upon evidence of insurability.
b. Premium.
Unless provided otherwise by a Appointed Department Head's contract, Appointed
Department Heads shall pay their share (as established annually) of the total monthly
premium for employee and dependent coverage to be paid through a payroll deduction,
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May 2013
unless otherwise specified in this section. Ta be eligible for premium sharing, an
employee must have no less than the total of { 10) ten days of compensated employment
occurring within the (2) two regular pay periods immediately preceding the pay period
from which the premium deduction is nnade. Appointed Department Heads with less than
the required compensated days of employment may continue coverage by advancing to
the Director-Human Resources the total premium amount for the month. For the purpose
of this section only, a Appointed Department Head on an approved industrial disability
leave of absence, who is receiving temporary disability payments from the compensation
insurance fund, shall be considered in full-compensated employment status. A covered
Appointed Department Head granted an approved non-compensated leave of absence
may continue health insurance coverage by advising the Director-Human Resources and
advancing to the Director-Human Resources each month the total monthly premium cost.
c. Description.
The Butte County Flexible Benefits Plan (hereafter "Cafeteria Plan") is available to all
Appointed Department Heads. There will be two {2} participation levels, identified as
Option "A" and Option "B" as per Section 9. d. below. Once the selection is made, it will
remain in force until the next open enrollment period. The fee for a third party
administrator will be paid by the County.
d. Participation Levels.
Option A -CORE PLAN
Appointed Department Heads are entitled to the following amounts which includes the
PERS minimum health contribution. If the Appointed Department Head elects medical
coverage, then the Appointed Department Head must participate in a dental plan option
and the vision insurance (Core Plan). The County will pay to Appointed Department
Heads' Flexible Benefit Account the following amounts:
Januat~2009
Employee only $462.78
Employee plus one $921.30
Family $1,207.41
Appointed Department Heads that have elected to participate in the "Core Plan" can also
elect to participate in optional benefits. If the Appointed Department Head has any
surplus Flexible Benef t Account credits after making all elections required to participate
in the health insurance, the Appointed Department Head can use that surplus toward the
Flexible Benefit Options. Appointed Department Heads that wish to participate in the
optional benefits in the plan, with the exception of the cash back option, but do not have
any surplus credits, can elect to have pre-tax payroll deductions in an amount to cover the
cost of their elections.
Option B -FLEXIBLE BENEFIT OPTIONS.
Appointed Department Heads who elect not to participate in Option A will be asked to
sign a waiver and will be required to provide proof of medical insurance. They will have
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an opportunity to participate in the Flexible Benefit Options listed in the Flexible Benefit
Options Exhibit.
Effective January 2009, the Employer Flex Credit amount will be Four hundred three and
thirty-four cents ($403.34) per month. Appointed Department Heads can use this
contribution toward any of the Flexible Benefit Options listed in the Flexible Benefits
Options Exhibit. Appointed Department Heads that wish to participafie in the Flexible
Benef is Option, with the exception of the cash back option, but do not have sufficient
flex credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of
their elections.
e. Administration.
- No benefits will be paid to Appointed Department Head in Option B until proof of
insurance is on file in the Human Resources Department.
- All Appointed Department Heads and the Appointed Department Head's dependents
including registered domestic partner (effective January 1, 2005) pursuant to Family
Code Section 297.5 shall be entitled to participate in the County's Flexible Benefits
Plan. if Appointed Department Head assumes apart-time schedule, such Appointed
Department Head will receive proportional benefits. Far purposes of benefit plan
eligibility, any Appointed Department Head assigned to a one-half (112) time or
more position, and the Appointed Department Head's dependents, shall be entitled to
participate in the county's Flexible Benefits Plan. Appointed Department Heads
working less than full-time, shall receive prorated flex benefit contributions
rounding to the nearest one-quarter time; i.e., either fifty percent (50%), for
Appointed Department Heads working thirty-six {36} hours to forty-fve (45) hours;
seventy-five percent {75%), for Appointed Department Heads working forty-six (46}
to sixty-four (64) hours; or one hundred percent (100%), for Appointed Department
Heads working sixty-five (65) hours or more.
- Any money deposited in the Flexible Benefits Account of a Appointed Department
Head must be used during the plan year; otherwise, the remaining balance reverts to
the County.
f. Retired Em to ee O tions.
Appointed Department Heads initially appointed prior to December 8, 2009, retiring in
good standing before age 65 from the County of Butte under the provisions of the
county's contract with Ca1PERS may continue to cover themselves and eligible
dependents under the health plan as provided in Personnel Rules section labeled Health
Plan. The county shall pay the full premium for such coverage until the retiree becomes
65 years of age or is covered by another governmental or employer-paid health plan.
Application far post-retirement health coverage shall be made to the Director-Human
Resources, prior to the official termination date of county service, in a manner and form
prescribed by the Director.
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Appointed Department Heads who are initially appointed December 8, 2009 or later, with
five {5) years or more of cumulative service with Butte County, retiring in good standing
before age 55 from the County of Butte under the provisions of the county's contract with
the CaIPERS may continue to cover themselves and eligible dependents under the health
plan. The county shall pay a premium contribution at the rate of the HMO, Delta DPO,
and Vision Service Plan premiums for such coverage until the retiree becomes 65 years
of age or is covered by another governmental or employer-paid health plan. Application
for post-retirement health coverage shall be made to the Director-Human Resources, prior
to the off vial termination date of county service, in a manner and form prescribed by the
Director.
g. Life Insurance.
Life Insurance is provided for Appointed Department Heads in the amount of $25,000.
Purchase of supplemental life insurance is also available at group rates.
10. Deferred Income Plan
Appointed Department Heads may participate in an IRS Section 457 Deferred
Compensation Plan up to the maximum allowed by the law.
11. Travel Allowance and Milea a Reimbursement
a. Monthly Mileage Allowance. Appointed Department Heads shall be provided a monthly
mileage allowance of six-hundred and twenty dollars ($620.00) per month for all within-
County travel. Additionally, all Appointed Department Heads shall be reimbursed at the
current IRS allowable rate for all work related travel in his or her private vehicle outside
of the County. Appointed Department Heads who have County assigned emergency
vehicles which are available for their use during non-business hours are not eligible for
this allowance.
Travel Policy and Meal reimbursement. Appointed Department Heads shall comply with
the Travel Policy contained in the Personnel Rules.
12. Cell Phone Allowance
a. Appointed Department Heads may opt to be provided aCounty-awned cell phone for
business purposes. Any personal charges incurred while using the County-provided cell
phone must be reimbursed to the County Auditor-Controller on a monthly basis.
OR
b. Appointed Department Heads may opt to receive a monthly cell phone allowance of
seventy dollars ($70.00) for use of a privately owned cell phone to conduct County
business.
Page $ of 10 May 2013
13.
Reimbursement for Professional Desi nations
a. Appointed Department Heads who are in one of the following groupings shall be eligible
to have paid on their behalf or be reimbursed for 100% of the professional license and
certification fees required as a prerequisite to their position:
• Attorneys
• Physicians
• Psychiatrists
• Registered Engineers
• Registered Nurses
• Microbiologists
• Certified Public Accountant
b. Dues for all Appointed Department Heads to a local service club may be reimbursed
100% for said dues.
14.
l 5.
Emnloyee Assistance Program
Appointed Department Heads and eligible family members are entitled to receive up to
eight {8) program visits per family unit per benefit year through the County's Employee
Assistance Program, for such services as the following:
• Marital and family problems
• Alcohol Abuse
• Financial and credit concerns
• Child care
• Pre-retirement planning
• Legal issues and questions
• Relationship issues
• Drug dependency
• Emotional problems and stress
• Elder care
• Federal taxpayer problems
• Interpersonal conflicts
Lon Term Disabili Insurance
Appointed Department Heads are covered by Lang Term Disability Insurance, which
provides fox disability income protection with a guarantee replacement of 60% of the
monthly earning up to a maximum of five thousand dollars ($5,000) per month,
beginning on the 91st day of disability with benefits payable for illness ox accident to age
65. This policy provides for a ninety (90) day waiting period.
lb. Severance Pa
The Board of Supervisors may unilaterally elect to terminate an Appointed Department
Head's employment without cause and without reason at any time during the period of
the individual's contract, unless otherwise provided for by statute or contract. Upon such
election of the Board, the actual employment termination date shall not be effective for at
least one hundred eighty {180) days after the date of written notice (unless a different
Page 9 of 10
May 2013
provision exists in an individual contract in which case the contract's provisions take
precedence).
17. Pay, Renewal and Evaluation
a. All Appointed Department Heads except the Chief Administrative Officer and the
County Counsel may receive an annual performance evaluation by the Chief
Administrative Officer, subject to ratification by the Board of Supervisors. The Chief
Administrative Officer and County Counsel shall receive annual performance evaluations
directly from the Board of Supervisors.
b. Six months prior to the renewal or extension of an Appointed Department Head's
contract, the Board of Supervisors shall meet with the Appointed Department Head to
initiate discussions regarding the new contract.
c. Upon renewal of an Appointed Department Head's contract, any change in salary shall be
determined through negotiations between the Appointed Department Head and the Chief
Administrative Officer, with concurrence of the Board of Supervisors. Such negotiations
will take into consideration past performance and other factors which may include a
market salary survey, the economic condition of the County, and the Western Cities
Consumer Price Index (CPI}.
d. Upon the renewal of the Chief Administrative Officer's contract, and/or County
Counsel's contract, any change in salary shall be determined through negotiations with
the Board of Supervisors. Such negotiations will take into consideration past
performance and other factors which may include a market salary survey, the economic
condition of the County, and the Western Cities Consumer Price Index {CPI}.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the T1i day of May, 2013 by the following votes:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
~Q C.2~~,
Bill Connelly, Chaise County Board of
Supervisors
ATTEST:
Paul Hahn
Chief Ad nistr iv ficer . `
and Clerkf t o of Super~iisors
By:
Page 10 of 10 May 2013