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Resolution No. 17-116
RESOLUTION OF THE COUNTY OF BUTTE REGARDING SALARY AND BENEFITS OF
BUTTE COUNTY ELECTED DEPARTMENT HEADS
WHEREAS, "elected officials" refers to elected Department Heads including the Assessor, Auditor-Controller,
Clerk-Recorder, District Attorney, Sheriff-Coroner and Treasurer-Tax Collector; and
WHEREAS, Butte County elected officials 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 elected officials that are the same as or
equally comparable to those provided to classified employees; and
WHEREAS, it is the intent of the Board of Supervisors that elected officials' benefits be standardized where
allowed by law or this policy; and
WHEREAS, County of Butte Resolution Number 16-167 provides for the standardization of benefits for elected
officials; and
WHEREAS, Resolution Number 16-167 formerly specified the salary and benefits entitled to Elected Department
Heads.
NOW,THEREFORE, BE IT RESOLVED by the Board of Supervisors that elected officials” benefits shall be as follows:
1. Vacation Leave Accrual and Use
Elected officials do not accrue vacation..
2. Sick Leave Accrual and Use
a. Elected officials do not accrue sick leave.
b. If a regular employee of the County is elected into office as a Butte County Elected Official and there is no
break in service by so doing, any sick leave on accrual as of the date that elected office is taken may be frozen
at the option of the employee until such time as the elected official separates from County service. Upon
separation from County service said individual may opt for California Public Employees Retirement System
("CalPERS") service credit or cash out as outlined in Subsection c below.
c. On retirernent or separation in good standing from County employment, the elected official may be paid for
any sick leave over thirty (30) days at one-half the normal rate up to a maximum of three thousand) dollars
($3,000), or may apply the leave time to service credit for retirement purposes.
d. Thirty(30) days prior to retirement from County service, an elected official may opt to purchase back any sick
leave accruals that were forfeited at the time of taking office so that the unused balance is restored.
3. Holiday Leave
Elected officials do not receive compensation for holidays.
4. Administrative Leave
Elected officials do not accrue paid administrative leave.
5. Bereavement Leave
Elected officials do not receive bereavement leave.
6. Retirement Plan
Elected officials are eligible to participate in the County retirement program as contracted through CaIPERS. The
retirement program is integrated with Social Security.
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 forthe first time on or afterJanuary
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 orfrom one school employerto another shall
not be considered as service with a new employer.
Elected officials 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 Sheriff).
b. "Classic Members": For purposes of this section "Classic Member" is defined as members who do not meet the
definition of"New Members"as defined by PEPRA. Elected officials 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 (3% @ 50 safety
formula for Sheriff).
c. Retirement Contribution:
Non-Safety Classifications
"Classic Members": Effective the first full pay period including January 1, 2015, Elected officials will pay on a pre-
tax basis seven percent(7%) of salary for the employee share of his/her CalPERS pension.
"New Members": Effective the pay period including January 1, 2015, Elected officials shall pay an amount that is
equal to one half(1/2) the normal cost of his/hers CalPERS pension, or the current contribution rate of similarly
situated employees,whichever is greater.
Safety Classifications
"Classic Members": Effective the first full pay period including January 1, 2015, Elected officials 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, 2015, Elected officials shall pay an amount that is
equal to one half(1/2) the normal cost of his/hers CalPERS pension, or the current contribution rate of similarly
situated employees, whichever is greater.
7. Unemployment Insurance
Elected officials are not covered by unemployment insurance.
8. Health, Dental,Vision and Life Insurance
a. Participation.
Elected officials are entitled to participate in a County sponsored Health Plan under the County's CaIPERS
contract and including dental,vision, and life insurance elements. All elected officials assigned to a (1/2)one-
half time or more position and the elected officials'dependents shall be entitled to participate in the county-
sponsored group health plan. Eligible elected officials enrolling in the plan within (30) thirty days following
the beginning of their term will be covered subject to the provisions of this resolution and the contract
limitations with the carrier. Elected officials enrolling after the thirty-day enrollment period will be approved
only upon evidence of insurability.
b. Premium.
Elected officials shall pay their share of the total monthly premium for employee and dependent coverage to
be paid through a payroll deduction as calculated by subtracting the monthly County contribution (stipulated
in section d below)from the monthly premium rate.
C. Description.
The Butte County Flexible Benefits Plan (hereafter "Cafeteria Plan") is available to all elected officials. 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
Elected officials 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 elected official 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 elected official decline County sponsored medical coverage,such elected official will receive a cash-in-lieu
payment if the elected official complies with the requirements outlined in Option B below.
The County will pay to the elected officials'Flexible Benefit Account the following amounts for elected officials
who elect Option A:
Employee only $462.78
Employee plus one $921.30
Family $1,207.41
The above amounts include the PEMHCA minimum which is paid outside of the County's Section
125 plan.
Elected officials, regardless of medical plan participation status, are eligible to enroll in the County's dental
and/or vision programs. Elected official contributions for dental and vision will be deducted from elected
official's regular payroll on a pre-tax basis. Elected officials that have elected Option A can also elect to
participate in optional benefits. If the elected official has any surplus Flexible Benefit Account credits after
making all elections required to participate in the health insurance, the elected official can use that surplus
toward the Flexible Benefit Options. Elected officials 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
Elected officials 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 elected official and all individuals for whom the elected official 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 elected official must sign an attestation that the elected official and his/her tax family have or will have
such minimum essential coverage for the opt out period. An elected official 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 elected official or tax
family member doesn't have such alternative coverage,or if the conditions in this paragraph are not otherwise
satisfied.
Elected officials initially elected on or before December 31, 2016, will receive an employer flex credit
contribution of one hundred eighty-six dollars and sixteen cents ($186.16) per pay period for elected officials
who elect and satisfy the requirements outlined above for Option B. Elected officials initially elected on or
after January 1, 2017, will receive an employer flex credit contribution of ninety-two dollars and thirty-one
cents ($92.31) per pay period for elected officials who elect and satisfy the requirements outlined above for
Option B.
Elected officials may elect a pre-tax deduction (through regular payroll or cash-in-lieu)to purchase any of the
Flexible Benefit Options. Should an elected official 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 elected officials and the elected official's dependents including registered domestic partner
pursuant to Family Code Section 297.5 shall be entitled to participate in the County's Flexible Benefits
Plan.
• Any money deposited in the Flexible Spending Account of an elected official must be used during the
plan year (with the exception of $500 which may be carried over to the following plan year);
otherwise,the remaining balance reverts to the County.
f. Retired Employee Options.
Elected officials initially sworn into office prior to January 1, 2010, retiring in good standing before age 65
from the County of Butte under the provisions of the county's contract with CAPERS may continue to cover
themselves and eligible dependents under the health plan as provided in Personnel Rules section 12.9. 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.
Elected officials initially sworn into office after December 31, 2009,with five (5) years or more of cumulative
service with Butte County, retiring in good standing before age 65 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 official termination date of county
service, in a manner and form prescribed by the Director.
g. Life Insurance.
Life Insurance is provided for elected officials in the amount of $25,000. Purchase of supplemental life
insurance is also available at group rates.
9. Deferred Compensation Plan
Elected officials may participate in an IRS Section 457 Deferred Compensation Plan up to the maximum allowed
by the law.
10. Travel Allowance and Mileage Reimbursement
a. Monthly Mileage Allowance. Elected officials shall be provided a monthly mileage allowance of six-hundred
and twenty dollars($620.00) per month for all within-County travel. Additionally,all elected officials shall be
reimbursed at the current IRS allowable rate for all work related travel in his or her private vehicle outside of
the County. Elected officials who have County assigned emergency vehicles which are available for their use
during non-business hours are not eligible for this allowance.
b. Travel Policy and Meal reimbursement. Elected officials shall comply with the Travel Policy contained in the
Personnel Rules and may be reimbursed for meal expenses incurred while traveling pursuant to Butte County
policy.
11. Cell Phone Allowance
a. Elected officials 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. Elected officials 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.
12. Reimbursement for Professional Designations
a. Elected officials who are in one of the following groupings shall be eligible to be reimbursed for or have paid
on their behalf, 100% of the professional license and certification fees required as a prerequisite to their
position:
• Attorneys
• Certified Public Accountants
b. Dues for all elected officials to a local service club may be reimbursed 100%for said dues.
13. Employee Assistance Program
Elected officials 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 Board
Members 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
14. Long Term Disability Insurance
Elected officials 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.
15. Pay Plan for Elected Department Heads
Salary shall be established as follows:
a. Prior to the first date for filing a Declaration of Candidacy for an elected office, the salary for that office may
be reviewed by the Board of Supervisors and a new salary may be set by ordinance to become effective with
the new term of office. In order to determine a new salary, if any, the Board of Supervisors may review a
survey of comparable positions in the Board of Supervisors' approved comparable counties as listed in the
personnel rules.
b. The salary as set shall extend throughout the term.
c. Effective with the term of office beginning in January 2007 for the District Attorney, Assessor,Treasurer-Tax
Collector,Clerk-Recorder,Auditor-Controller and Sheriff-Coroner,in lieu of leave accrual,salary is augmented
two percent(2%)for each previous term,or portion thereof,served in office by the respective elected official.
Any accrued time on the books carried over from classified service shall be paid off upon the individual's taking
of office, with the exception of accruals described in section 2. b. and/or 2.c., above, if applicable.
16. POST Incentive
The Sheriff-Coroner shall bee|igibUefor the following POST incentives:
a. Advanced POST Certificate
Possession ofthe Advanced POST Certificate shall result inafour and one-half percent (4.5%) increase salary
as indicated in the salary ordinance including any adjustments pursuant boSection 15 above for elected
officials.
_
Supervisory POST Certificate
Possession of the Supervisory POST Certificate shall result in,a two and une-half percent(2.5%) increase salary
as indicated in the salary ordinance including any adjustments pursuant to Section 15 above for elected
officials.
_
Management POST Certificate
Possession of the Management POST Certificate shall result in a two, and one-half percent /lS%Q increase
salary as indicated in the salary ordinance including any adjustments pursuant to Section 15 above for elected
officials.
_
Executive POST Certificate
Possession of the Executive POST Certificate shall result in a three and one-half percent (3.S%) increase in,
salary asindicated in the salairy ordinance including any adjustments pursuant to Section 15 above for elected
officials.
PASSED AND ADOPTED bvthe Butte County Board ofSupervisors this Z5mday ofJuly, 2Q17, bvthe following vote:
AYES:Supervisors Wahl, Kirk, Lambert,Teeter, and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
~
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk ofthe Board of Supervisors
BY: