HomeMy WebLinkAboutE-13 Staff Report - Part-Time Terms and ConditionsCONSENT ITEM
E-13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: NOVEMBER 4, 2019
SUBJECT: TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME EMPLOYEES
BACKGROUND:
On June 16, 2014, the Terms and Conditions of Employment for Part-time Employees were adopted by City
Council via Resolution No. 14-C35. On March 7, 2019 City Council rescinded Resolution No. 14-C35 and
the Part-Time Terms and Conditions via Resolution No. 2016-C21. Resolution No. 2016-C21 put into place a
Sick Leave plan for Part-time employees in compliance with the Healthy Workplaces, Healthy Families Act of
2014 (AB1522). Approval of the recommended action adopts updated Terms and Conditions for Part-time
employees provided herein which outlines how the City manages Part-time employment and benefits offered.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1)Adopt the attached Resolution No. 2019-C53 approving the updated Terms and Conditions of
Employment and corresponding Salary Schedule for Part-time employees effective November 17,
2019.
ANALYSIS:
Terms and conditions of employment for part-time non-classified employees have been amended at various
times. The proposed terms and conditions attached provide an update to the 2014 edition ensuring compliance
with Federal and State laws. Effective November 17, 2019, the proposed changes include:
•Part-time employees will not have to have completed a minimum of 1,040 hours to be able to compete
for closed promotional examinations. This change will allow us to be more inclusive and supportive
of our part-time staff and the transition to full time employment.
APPROVED
CITY COUNCIL
11/4/2019
Update Part-time Terms and Conditions
November 4, 2019
Page 2
• The Department Head or Hiring Manager will have the authority to authorize up to Step 2 when filling
vacancies. Salary Step 3 or higher would require City Manager approval.
• The Salary Ranges for part-time classifications that have a full-time equivalent shall be adjusted to
match the hourly rate of pay when salary range adjustments are made to the full time position.
• Employees hired on or after November 17, 2019 will work no more than an average of nineteen (19)
hours in any workweek on a rolling three-month period to ensure compliance with provisions of the
Affordable Care Act related to employer provision of health benefits.
• The City no longer participates in the Public Agency Retirement System (PARS) program for part-
time employees and updates to the Retirement section have been made to reflect the Accumulation
Program for Part-time and Limited Service Employees (APPLE) which is the retirement system part-
time employees are currently enrolled in.
• Any part-time non-classified employees who work in excess of one-thousand (1,000) hours in the
fiscal year and who are enrolled in CalPERS as Classic Members shall pay 7% of their base salary to
CalPERS. This adjustment will bring their contribution into alignment with full time CalPERS Classic
Members.
• City designated Holidays have been outlined for clarification as to what is considered a City
designated Holiday.
• Part-time employees will earn Part-Time Leave (PTL) in compliance with the provisions of these
terms and conditions.
• Sick Leave was originally added in a separate memorandum for part-time employees and it is now
being included herein.
The City’s Part-time employee compliment is a substantial part of overall City operations and such positions
have been utilized throughout the years as a cost savings strategy. Formalizing the recommended provisions
solidifies what’s been administered with the Part-time workforce over the years, and further demonstrates
continued appreciation and goodwill with part-time employees who consistently contribute to key City
operations.
FISCAL IMPACT:
There is sufficient funding in the Fiscal Year 2019/20 Adopted Budget to absorb the additional cost to update
the Part-time Salary Schedule. The estimated net impact of the salary adjustments and the CalPERS changes is
$40,000, of which more than 60% of costs belong to non- General Fund revenue sources.
Prepared by: Reviewed and Approved:
Kelsey Kenz Sergio Gonzalez
Human Resources Manager City Manager
Update Part-time Terms and Conditions
November 4, 2019
Page 3
Attachments:
1) Part-time Terms and Conditions
2) Resolution 2019-C53, setting Part time Terms and Conditions
3) Part-time salary schedule as of November 17, 2019
TERMS AND CONDITIONS OF EMPLOYMENT
THE CITY OF AZUSA
PART-TIME EMPLOYEES
Attachment 1
ii
TABLE OF CONTENTS
1. ....................................................... TERM OF TERMS AND CONDITIONS OF EMPLOYMENT 3
2. .................................................................................................................................. APPOINTMENT 3
3. .................................................................................................................................. RECRUITMENT 3
4. ............................................................................................................................................... SALARY 3
4.1 Cost of Living Adjustment (COLA) ............................................................................. 3
4.2 Salary Range Adjustment Full Time Equivalent ......................................................... 2
4.3 Merit Salary Adjustments ........................................................................................... 2
4.4 Re-Hire ...................................................................................................................... 2
5. ......................................................................... ADDITIONAL COMPENSATION/PREMIUM PAY 2
5.1 Bilingual Pay .............................................................................................................. 2
6. ................................................................................................................................................. HOURS 3
7. .......................................................................................................................................... OVERTIME 3
8. ..................................................................................................................................... RETIREMENT 3
9. .................................................................................................................................... LEAVE TYPES 3
9.1 Holidays ..................................................................................................................... 3
9.2 Part-Time Leave ........................................................................................................ 4
9.3 Sick Leave ................................................................................................................. 5
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TERMS AND CONDITIONS OF EMPLOYMENT
BETWEEN THE CITY OF AZUSA AND PART-TIME EMPLOYEES
1. TERM OF TERMS AND CONDITIONS OF EMPLOYMENT
The term of this conditions of employment shall commence November 17, 2019.
2. APPOINTMENT
Part-time employees are paid an hourly rate based on hours worked. Part-time
employees are not considered to be part of the City of Azusa Merit and Civil Service
System and are thus designated as non-classified employees. Part-time employees are
“at-will” employees and as such, may be terminated at any time without any right of
appeal.
Service provided as a non-classified part-time employee shall not be credited toward
completion of a probationary period, accrual of benefits, seniority, within the City in
accordance with the City’s Civil Service Rules, unless specifically stated in an
applicable City of Azusa Memorandum of Understanding.
3. RECRUITMENT
Recruitments for part-time position vacancies will be conducted by the Human
Resources Department. Public notice shall be given at least five (5) working days prior
to the final filing date or until one hundred (100) applications have been received.
4. SALARY
All part-time positions shall have a 5-Step Salary Range with the exception of the
following classifications:
• Police Officer Reserve – Level I
• Police Officer Reserve – Level II
Appointment to a non-classified part-time positon shall be made at the hourly equivalent
of Step 1 of the salary range. The Department Head or Hiring Manager will have the
authority to authorize up to Step 2 when filling vacancies. Salary Step 3 or higher would
require City Manager approval.
4.1 Cost of Living Adjustment (COLA)
Upon recommendation of the City Manager and approval of the City
Council, part-time employees may be granted a Cost of Living Adjustment
no more than one time per calendar year.
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4.2 Salary Range Adjustment Full Time Equivalent
Upon adjustment of the salary range for any full time classification, the
part-time equivalent position shall also be adjusted to match the hourly
rate of pay.
4.3 Merit Salary Adjustments
Part-time employees appointed at Step 1 of the salary range shall be
eligible for a merit salary adjustment after completion of 1,040 hours of
service subject to receipt of an overall satisfactory rating on the
Performance Evaluation Form utilized by the City. Part-time employees
shall advance from Step 2 through Step 5 successively after completion of
2,080 hours of service at each subsequent salary step subject to receipt of
an overall satisfactory rating on the Performance Evaluation Form utilized
by the City.
4.4 Re-Hire
Upon approval of the Department Head and City Manager, part-time
employees re-hired into the same classification within one year of
separation from City service shall be appointed at the salary step they
attained at the time of separation. Such re-hired part-time employees may
be reappointed to the same classification from which they separated
without being required to participate in a competitive recruitment process.
Re-hire after one year of separation from City service shall result in
appointment at Step 1 of the classification unless appointment at a higher
step is approved by the City Manager. Such re-hired part-time employees
shall be required to participate in a competitive recruitment process to be
re-hired.
5. ADDITIONAL COMPENSATION/PREMIUM PAY
5.1 Bilingual Pay
In addition to the hourly basic pay, the City shall pay an incentive to
personnel demonstrating proficiency in a major foreign language if they
are assigned and required to speak and translate the language in the
performance of their duties. Such additional payment is conditional upon
demonstration of language proficiency by a qualified third-party examiner
designated by the City.
Such additional payment is contingent upon ongoing performance of said
duties and shall be discontinued or suspended if the employee is
reassigned to duties that do not require foreign language proficiency.
The incentive shall be 5% of the base hourly rate of pay.
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6. HOURS
Part-time employees hired on or after November 17, 2019 shall not work more than an
average of nineteen (19) hours in any workweek during a rolling three-month period.
7. OVERTIME
A part-time employee shall be entitled to premium pay for all hours worked in excess of
forty (40) hours within the employee’s regular work week. Paid holidays shall count
towards the 40 hours worked.
In compliance with FLSA, the minimum timekeeping interval shall be fifteen (15)
minutes. Periods of time seven (7) minutes or less shall be rounded down and periods
of eight (8) minutes or more shall be rounded up.
8. RETIREMENT
Employees who work less than one thousand (1,000) hours in a fiscal year shall be
enrolled in the Accumulation Program for Part-time and Limited Service Employees
(APPLE). Part-time employees pay 3.75% of wages in to this retirement program and
the City matches this contribution.
Any part-time non-classified employee who works in excess of one thousand (1,000)
hours in the fiscal year and who qualifies as defined by the California Public Employees’
Retirement System (CalPERS) shall be enrolled in the CalPERS retirement system.
Part-time employees who become members of CalPERS prior to January 1, 2013, shall
be considered to be “Classic” members in accordance with CalPERS regulations.
Effective November 17, 2019, Classic employees shall individually pay a total of 7%, of
“compensation earnable” as defined in Government Code section 20636, representing
the member employee’s contribution to the CalPERS . In accordance with the Public
Employees’ Pension Reform Act (PEPRA), part-time employees hired on or after
January 1, 2013, who have not been a prior CalPERS member or have had a six (6)
month break in service from employment with a CalPERS employer, are considered to
be new CalPERS members; such part-time employees will contribute one-half of the
normal contribution rate, currently 6.75% of base salary to CalPERS.
9. LEAVE TYPES
9.1 Holidays
Part-time, non-classified employees shall be entitled to time off with pay
on holidays as follows:
Part-time employees shall be entitled to time off with pay on City-observed
holidays. The number of hours of Holiday Pay shall be equal to the
employees average number of hours worked per day during the five pay
periods that immediately proceed the holiday.
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The employee must be on the payroll the day before the Holiday and the
day after the Holiday in order to receive Holiday pay. The employee shall
be entitled to all hours available on the Holiday Pay report, regardless of
the hours they typically work in a day.
The following Holidays are designated as City-observed:
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Christmas Day
New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
9.2 Part-Time Leave
Part-time employees who consistently (not a seasonal or intermittent
basis) work 28 or more hours per week shall accrue Part-Time Leave
(PTL) on a pay period by pay period basis. Addition of PTL accruals must
be requested by the employee’s department head (or designee) in writing
to Human Resources based on the premise that the employee is non-
seasonal and has worked 28 hours of more consistently over a 12-week
consecutive period in connection to his or her work assignment. Such
request will be verified by Payroll running a history of the employee’s pay
period hours. Any concerns or discrepancy of the request will be
communicated to the department head (or designee).
PTL shall be identified by the code PTL and can be used to receive pay
for any bonafide absence from the work place, be it due to illness,
vacation, personal reasons or otherwise.
When PTL is used for sick leave purposes, guidelines as outlined in
Section 9.3 will prevail. Requests for all other leave must be pre-approved
by the department head (or designee).
Employees who are appointed to seasonal and temporary assignments do
not qualify for this benefit.
9.2.1 Accrual Rate
Accrual of PTL shall be predicated upon a 12-week “look
back period”. To qualify to receive a pay period PTL accrual,
the employee must be a part-time employee who has been
5
“on the payroll” for the entire twelve (12) weeks in the “look
back period”, and must have been paid for at least three-
hundred thirty six (336) hours during the “look back
period”. Compensatory Time, PTL, Overtime (at 1.0
times the number of hours worked), and any similar
existing or future pay types shall count towards the
hours requirement. Accrual of PTL shall not begin
before completion of the twelfth (12th) week of
employment.
The accrual shall be determined by multiplying 2.0000
hours by a fraction, the numerator of which is the hours
during the pay period for which the employee will
be paid (Compensatory Time, PTL, Overtime (at
1.0 times the number of hours worked), and any similar
existing or future pay types, but not more than 80 hours)
and the denominator of which is 80 hours.
The accrual of PTL by an employee shall not be construed
to ensure property rights of any kind, including but not
limited to the cash value of the accrued leave. Likewise,
employees shall not be eligible to receive any type of
intermediate cash-out or payoff of PTL upon separation.
No more than ninety-six (96) hours may be accrued
per year.
If a part-time employee is promoted to a full time
employee, any accrued unused PTL as of the effective
date of the promotion will remain “on the books” and will
be available for normal use by the full time employee on
an hour-for-hour basis. 9.3 Sick Leave
Sick Leave shall not be construed as a right except where as required by
law, but shall be allowed only in case of necessity or actual sickness,
disability, or other reason for which sick leave may be used under state or
federal law.
9.3.1 Reasons for Use of Sick Leave
Sick Leave shall be granted for the following reasons:
Personal illness or physical incapacity
The illness of a member of the employee’s immediate family
(as defined pursuant to the Healthy Workplaces, Healthy
6
Families Act) that require the employee’s personal care and
attention.
An employee who is a victim of domestic violence, sexual
assault, or stalking for purposes described in Labor Code
Sections 230(c) and 230.1(a).
9.3.2 Accrual Rate
Part-time employees accrue sick leave at the rate of 1 hour
for every 30 hours worked. Employees are not entitled for
Sick Leave usage in excess of 24 hours in a Calendar Year.
However, an employee may submit written request for usage
of accrued sick leave balances over and above 24 hours in a
Calendar Year for extraordinary circumstances by which
needs to be submitted for approval by the department head
(or designee) to the City Manager and Human Resources.
Accrual of Sick Leave is capped at forty-eight (48) hours.
9.3.3 Usage Limits
A waiting period of ninety (90) days is required before an
employee may be eligible to use paid sick leave.
Employees shall not use accrued sick leave for vacation,
compensatory time off, or holiday hours for absences. If an
employee does not have enough accrued sick leave to cover
an absence due to illness, such time may be made up with
available Part-time leave banks pursuant to section 9.2,
Part-time Leave, or shall be charged to non-pay.
An employee shall not be entitled to compensation in any
matter whatsoever for any unused sick leave accumulations.
45635.01000\29377035.1
RESOLUTION NO. 2019-C53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING PART-TIME EMPLOYEES TERMS AND
CONDITIONS OF EMPLOYMENT EFFECTIVE NOVEMBER 17, 2019
WHEREAS, the City employs non-classified part-time employees in various City
Departments; and
WHEREAS, the City’s part-time employee compliment contributes significantly to
overall City operations; and
WHEREAS, it is important to specifically identify the terms and conditions of
employment for all part-time employees of the City; and
WHEREAS, it is necessary to ensure terms and conditions are administered consistently
across departments; and
WHEREAS, the Part-time Employees Terms and Conditions of Employment and
corresponding Salary Schedule Effective 11/17/2019, are attached.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
HEREBY RESOLVE that the Part Time Terms and Conditions of Employment and the Part-
time Employee Salary Schedule attached hereto are approved. The City Council further resolves
that this resolution supersedes any prior resolutions pertaining to Part-time Terms and
Conditions.
PASSED, APPROVED and ADOPTED this 4th day of November 2019.
___________________________________
Joseph Romero Rocha
Mayor
ATTEST
____________________________________
Jeffrey L Cornejo, Jr.
City Clerk
Attachment 2
2
45635.01000\29377035.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City
Council of the City of Azusa at a regular meeting thereof held on the 4th day of November 2019,
by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________________
Jeffrey L Cornejo, Jr.
City Clerk
__________________________________________
Best Best & Krieger LLP
City Attorney
3
45635.01000\29377035.1
EXHIBIT “A”
PART TIME EMPLOYEES TERMS AND CONDITIONS
[SEE ATTACHED]
Rate Type:
H= Hourly City of Azusa
Part-Time Salary Schedule
Effective 11/17/2019
CLASSIFICATION
EFFECTIVE
DATE RANGE
BENEFIT
UNIT
Rate
Type STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ADMINISTRATIVE ASSISTANT - P/T 11/17/2019 7166 PART H 19.16$ 20.11$ 21.12$ 22.14$ 23.28$
ASSISTANT POOL MANAGER - P/T 11/17/2019 7123 PART H 15.89$ 16.68$ 17.52$ 18.39$ 19.31$
ASSISTANT RECREATION LEADR - P/T 11/17/2019 7093 PART H 12.00$ 12.60$ 13.23$ 13.89$ 14.59$
ASST PARK MAINT WRK I - P/T 11/17/2019 7137 PART H 14.35$ 15.06$ 15.82$ 16.61$ 17.45$
ASST STREET MAINT WKR I - P/T 11/17/2019 7137 PART H 14.35$ 15.06$ 15.82$ 16.61$ 17.45$
BUS DRIVER - P/T 11/17/2019 7142 PART H 21.60$ 22.68$ 23.82$ 25.01$ 26.26$
CASHIER - P/T 11/17/2019 7138 PART H 15.61$ 16.40$ 17.22$ 18.08$ 18.98$
COMMUNITY RESOURCE SPEC P/T 11/17/2019 7142 PART H 21.60$ 22.68$ 23.82$ 25.01$ 26.26$
CUSTODIAN - P/T 11/17/2019 7120 PART H 12.11$ 12.73$ 13.35$ 14.02$ 14.71$
CUSTOMER SERVICE REP I - P/T 11/17/2019 5154 PART H 22.48$ 23.61$ 24.79$ 26.03$ 27.33$
DEPARTMENT INTERN / P/T 11/17/2019 7104 PART H 12.00$ 12.60$ 13.23$ 13.89$ 14.59$
DEPUTY CITY CLERK I / P/T 11/17/2019 7142 PART H 21.60$ 22.68$ 23.82$ 25.01$ 26.26$
HOME DELIVERED MEAL ASST - P/T 11/17/2019 7093 PART H 12.00$ 12.60$ 13.23$ 13.89$ 14.59$
HOME DELIVERED MEAL MGR - P/T 11/17/2019 7119 PART H 13.64$ 14.32$ 15.04$ 15.79$ 16.58$
HUMAN RESOURCES TECHNICIAN - P/T 11/17/2019 4174 PART H 25.11$ 26.30$ 27.55$ 28.86$ 30.24$
INFORMATION TECH ANALYST - P/T 11/17/2019 4188 PART H 28.85$ 30.29$ 31.81$ 33.40$ 35.07$
INSTRUCTOR GUARD - P/T 11/17/2019 7109 PART H 13.20$ 13.86$ 14.55$ 15.28$ 16.04$
LIBRARIAN - P/T 11/17/2019 4175 PART H 27.64$ 29.02$ 30.47$ 31.99$ 33.59$
LIBRARY AIDE - P/T 11/17/2019 7105 PART H 12.60$ 13.23$ 13.89$ 14.59$ 15.32$
LIBRARY BOOKMOBILE DRIVER - P/T 11/17/2019 7116 PART H 13.86$ 14.55$ 15.28$ 16.04$ 16.85$
LIBRARY PAGE - P/T 11/17/2019 7099 PART H 12.00$ 12.60$ 13.23$ 13.89$ 14.59$
LIFEGUARD - P/T 11/17/2019 7099 PART H 12.00$ 12.60$ 13.23$ 13.89$ 14.59$
LIT SRV & ADLT ED COORD - P/T 11/17/2019 4321 PART H 25.34$ 26.61$ 27.94$ 29.34$ 30.81$
LITERACY PROGRAM ASST - P/T 11/17/2019 4320 PART H 16.67$ 17.50$ 18.37$ 19.29$ 20.26$
MANAGEMENT INTERN - P/T 11/17/2019 7108 PART H 13.20$ 13.86$ 14.55$ 15.28$ 16.04$
METER READER - P/T 11/17/2019 5179 PART H 28.62$ 30.05$ 31.55$ 33.13$ 34.79$
OFC SP I/WTR DRGHT TECH - P/T 11/17/2019 4133 PART H 17.13$ 17.99$ 18.89$ 19.83$ 20.82$
OFFICE SPECIALIST I - P/T 11/17/2019 4133 PART H 17.13$ 17.99$ 18.89$ 19.83$ 20.82$
OFFICE SPECIALIST II - P/T 11/17/2019 4143 PART M 18.79$ 19.73$ 20.71$ 21.75$ 22.84$
PARK AMBASSADOR - P/T 11/17/2019 7113 PART M 12.00$ 12.60$ 13.23$ 13.89$ 14.59$
POLICE AIDE - P/T 11/17/2019 7080 PART H 12.09$ 12.69$ 13.33$ 14.00$ 14.70$
POLICE DISPATCHER - P/T 11/17/2019 9166 PART H 24.39$ 25.61$ 26.89$ 28.23$ 29.64$
POLICE OFFICER RESERVE - LEVEL I - P/T 11/17/2019 6101R PART H 37.31$
POLICE OFFICER RESERVE - LEVEL II - P/T 11/17/2019 6184R PART H 30.46$
Attachment 3
Rate Type:
H= Hourly City of Azusa
Part-Time Salary Schedule
Effective 11/17/2019
CLASSIFICATION
EFFECTIVE
DATE RANGE
BENEFIT
UNIT
Rate
Type STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
POLICE RECORDS SPECIALIST I - P/T 11/17/2019 9140 PART H 18.62$ 19.55$ 20.53$ 21.56$ 22.64$
POLICE SERGEANT RESERVE - P/T 11/17/2019 7175 PART H 49.51$ 51.98$ 54.58$ 57.31$ 60.18$
POOL MANAGER - P/T 11/17/2019 7144 PART H 15.09$ 15.83$ 16.62$ 17.46$ 18.32$
RECREATION AIDE - P/T 11/17/2019 7063 PART H 12.00$ 12.60$ 13.23$ 13.89$ 14.59$
RECREATION COORDINATOR - P/T 11/17/2019 7141 PART H 20.50$ 21.53$ 22.60$ 23.73$ 24.92$
RECREATION LEADER - P/T 11/17/2019 7112 PART H 12.60$ 13.23$ 13.89$ 14.59$ 15.32$
SENIOR INSTRUCTOR GUARD - P/T 11/17/2019 7110 PART H 14.52$ 15.25$ 16.01$ 16.81$ 17.65$
SENIOR OFFICE SPECIALIST - P/T 11/17/2019 7142 PART H 21.60$ 22.68$ 23.82$ 25.01$ 26.26$
SENIOR RECREATION LEADER - P/T 11/17/2019 7148 PART M 16.01$ 16.81$ 17.65$ 18.53$ 19.46$
SITE MANAGER - P/T 11/17/2019 7118 PART H 13.23$ 13.89$ 14.59$ 15.32$ 16.08$
STREET MAINT WORKER I - P/T 11/17/2019 8153 PART H 21.20$ 22.26$ 23.37$ 24.54$ 25.77$
TRANSPORTATION DISPATCHER - P/T 11/17/2019 7144 PART H 22.64$ 23.77$ 24.96$ 26.21$ 27.52$