HomeMy WebLinkAboutResolution No. 2019-C53RESOLUTION NO. 2019-053
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 4h day of November 2019.
J eph Romero Rocha
Mayor
ATTEST
4563 5.01000\29377035.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2019-053 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: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Je y ren mej o, Jr.
Yty lerk
APPROVED AS TO FORM:
A
Best Bestj& Krieger Ii
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City Atto ey
2
45635.01000\29377035.1
EXHIBIT "A"
PART TIME EMPLOYEES TERMS AND CONDITIONS
[SEE ATTACHED]
45635.01000\29377035.1
TERMS AND CONDITIONS OF EMPLOYMENT
THE CITY OF AZUSA
PART-TIME EMPLOYEES
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
..........................
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
e 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.
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 (CaIPERS) shall be enrolled in the CaIPERS retirement system.
Part-time employees who become members of CaIPERS prior to January 1, 2013, shall
be considered to be "Classic" members in accordance with CaIPERS 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 CaIPERS . 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 CaIPERS member or have had a six (6)
month break in service from employment with a CaIPERS employer, are considered to
be new CaIPERS 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
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"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
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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.
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