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Resolution No. 16-126
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 Board of Supervisors grants benefits to Appointed
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
EREAS, resolution 15-199 formerly specified the salary and benefits entitled to
Appointed Department Heads.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte,
State of California, that effective Health Benefits plan year 2017, this resolution will supersede
and replace Resolution Number 15-199 except where Resolution Number 15-199 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 IT FURTHER RESOLVED, that 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 County Service Earned at the Rate of:
Up to 5 years of service 15 days per year (120 hours)
Beginning of 6th year through end of 10th year of service 20 days per year (160 hours)
Beginning of 11th year through end of 20th year of service 25 days per year (200 hours)
21 years and over 27 days per year (216 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 first 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
Appointed Department Heads shall have the option of requesting pay in lieu of time off
for up to a maximum of 144 hours of vacation time each calendar year in increments of
eight (8) hours. Such requests are subject to the approval of the Chief Administrative
Officer and availability of funds.
d. If an employee of the County promotes from classified 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 in 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 or 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 over 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. Family Care & Medical Leave
Appointed Department Heads are eligible for Family Medical Leave, California Family
Rights Leave, and/or Pregnancy Disability Leave as provided for by law 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 for 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
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 a three-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 ("CaIPERS"). 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 for the Chief
Probation Officer).
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 his/her 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 (1/2) the normal
cost of his/hers CaIPERS 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(1/2) the normal cost
of his/hers CaIPERS pension, or the current contribution rate of similarly situated
employees, whichever is greater.
8. Unemployment Insurance
Unemployment insurance is provided according to State law. The Chief Administrative
Officer is not covered by unemployment insurance.
9. Health, Dental, Vision and Life Insurance
a. Participation.
Appointed Department Heads are entitled to participate in a County sponsored Health
Plan including dental, vision, and life insurance elements. All Appointed Department
Heads assigned to a (1/2) 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 an 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,
unless otherwise specified in this section. To 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 made. 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, an 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 who elect Option A to participate in the County
sponsored medical plan will receive the County health benefits flex contribution (as
specified below)to be utilized to purchase their selected medical plan and cannot be
cashed out. In the event that an Appointed Department Head selects a medical plan
that results in an excess County contribution,that excess contribution will be deemed a
non-health flex contribution that may be taken as taxable income or applied to pre-tax
dental, vision or other alternative approved benefits. Should an Appointed Department
Head decline County sponsored medical coverage, such Appointed Department Head
will receive a cash-in-lieu payment if the Appointed Department Head complies with the
requirements outlined in Option B below.
The County will pay to Employee's Flexible Benefit Account the following amounts for
employees who election Option A:
Employee only $543.78
Employee plus one $1,002.30
Family $1,288.41
The above amounts include the PEMHCA minimum which is paid outside of the County's
Section 125 plan.
Effective the first billing cycle for the 2017 health benefits plan year, the County
contribution will be as follows:
Employee only $624.78
Employee plus one $1,083.30
Family $1,369.41
The above amounts include the PEMHCA minimum which is paid outside of the County's
Section 125 plan.
Appointed Department Heads, regardless of medical plan participation status, are
eligible to enroll in the County's dental and/or vision programs. Appointed Department
Heads contributions for dental and vision will be deducted from employee's regular
payroll on a pre-tax basis. Appointed Department Heads that have elected Option A can
also elect to participate in optional benefits. If the Appointed Department Head has any
surplus Flexible Benefit 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.
Premium Holiday: In the event that a "premium holiday" is declared by the County's
health plan administrator or provider in which health plan premiums are not required to
be paid for a period of time, the following shall occur:
a) the County shall retain ownership and sole rights to the County's monthly
contributions, as stated above, for this period;
b) employees shall not be required to contribute their portion of monthly premiums
for this same period.
Option B- FLEXIBLE BENEFIT OPTIONS
Appointed Department Heads who decline County sponsored medical coverage and
elect Option B must provide the following in order to receive the cash-in-lieu:
(1) proof that the Appointed Department Head and all individuals for whom the
Appointed Department Head intends to claim a personal exemption deduction ("tax
family"), have or will have minimum essential coverage through another source of group
health insurance (coverage not obtained in the individual market or through Covered
California) for the plan year to which the opt out arrangement applies ("opt out period");
and
(2)the Appointed Department Head sign an attestation that the Appointed Department
Head and his/her tax family have or will have such minimum essential coverage for the
opt out period. An Appointed Department Head must provide the attestation every plan
year at open enrollment or within 30 days after the start of the plan year. The opt-out
payment cannot be made and the County will not in fact make payment if the County
knows that the Appointed Department Head or tax family member doesn't have such
alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
Appointed Department Heads hired on or before December 31, 2015, will receive an
employer flex credit monthly contribution of Four Hundred Three Dollars and Thirty-
Four Cents ($403.34) per month for "employees" who elect and satisfy the requirements
outlined above for Option B (this would include Appointed Department heads appointed
after December 31, 2015 who were employed with the County in another capacity prior
to December 31, 2015). Appointed Department Heads hired on or after January 1,
2016, will receive an employer flex credit monthly contribution to Two Hundred Dollars
($200) per month for Appointed Department Head who elect and satisfy the
requirements outlined above for Option B.
Appointed Department Heads may elect a pre-tax deduction (through regular payroll or
cash-in-lieu)to purchase any of the Flexible Benefit Options listed in the Flexible
Benefits Options Exhibit. Should an Appointed Department Head receive cash-in-lieu
that is not utilized for Flexible Benefit Options, the amount will be included as taxable
income.
e. Administration.
• No benefits will be paid to employees in Option B until all requirements
outlined in the Flexible Benefits—Option B section have been met.
• 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 a part-
time schedule, such Appointed Department Head will receive proportional
benefits. For purposes of benefit plan eligibility, any Appointed Department
Head assigned to a one-half (1/2) 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-five (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 an Appointed
Department Head must be used during the plan year; otherwise, the remaining
balance reverts to the County.
f. Retired Employee Options.
Appointed Department Heads initially appointed prior to December 8, 2009, retiring in
good standing before age 65 from the County of Butte 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 for 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.
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 65 from the County of Butte 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 official 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 Mileage 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 a County-owned 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.
13. Reimbursement for Professional Designations
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. Employee Assistance Program
Appointed Department Heads and eligible family members are entitled to participate in
County's Employee Assistance Program in accordance with the terms of the agreement
between the County and the vendor. Services available to employees and eligible family
members include but are not included to the following:
• Marital and family problems • Relationship issues
• Alcohol Abuse • Drug dependency
• Financial and credit concerns • Emotional problems and stress
• Child care • Elder care
• Pre-retirement planning • Federal taxpayer problems
• Legal issues and questions • Interpersonal conflicts
15. Long Term Disability Insurance
Appointed Department Heads are covered by Long Term Disability Insurance, which
provides for 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 91" day of disability with benefits payable for illness or accident to age
65. This policy provides for a ninety (90) day waiting period.
16. Severance Pay
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 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 may 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 13th day of September, 2016 by the following votes:
AYES: Supervisor WahI, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
8i|| Connelly, Chair
ATTEST: Butte County Board of Supervisors
Paul Hahn
Chief Administrative Officer
and [|e 1 2i the B.~ 'm of SLI
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