R 3206
.
RESOLUTION NO. 3206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO . GRANDE ADOPTING A QUALIFYING
RETIREMENT SYSTEM FOR CERTAIN CITY EMPLOYEES
] WHEREAS, City of Arroyo Grande, County of San Luis Obispo, State of California
("City") is duly authorized and existing under the laws of said State; and
WHEREAS, it is determined to be in the best interest of the City of Arroyo Grande
(City) and its employees to provide a Qualifying retirement System to all employees not
currently eligible for such a Qualifying Retirement System, thereby meeting the
requirement of Section 11332 of the Omnibus Budget Reconciliation Act and Section
3121 (b)(7)(F) of the Internal Revenue Code.
WHEREAS, the Public Agency Retirement System (PARS), a governmental plan, has
made such a System available to the CI1Y and its eligible employees, and' qualifies
under California Government Code Sec. 20000 et seq., Section ,11332 of the 1990
Omnibus Budget Reconciliation Act (OBRA 90) , and meets the meaning of the term
"retirement system- as given by Section 218(b)(4) of the Federal Social Security Act;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo
Grande, California as follows:
.1. The City Council does hereby adopt the PARS Trust, including the PARS Alternate
Retirement System (ARS), effective April 4, 1997, the Effective Date for the benefit
of employees on that date and hired thereafter; and
2. The City Council hereby appoints the City Manager, or the designee of the City
Manager, as the CITY PARS Administrator for PARS, and further authorized him to
implement the Plan.
3. The CITY PARS Administrator is hereby authorized to execute the PARS Adoption
Agreement on behalf of the CITY and to take whatever additional actions that are
necessary to maintain the participation of the CITY in PARS and to maintain' PARS
compliance with Section 11332 of the Act and relevant regulations issued or as may
J be issued.
On motion of Council Member Lady , seconded by Council Member Runels
and on the following roll call vote, to wit
A YES: Council Members Lady, Runels, Fuller,. Tolley, and Mayor D:>ugall
. NOES: None
ABSENT: None
Resolution 32q6 , Page 2 .
lution was passed and adopted this 11 th day of March 1997.
,';~
ATTEST:
I')
~ EL, CITY ATTORNEY
APPROVED AS TO CONTENT:
~ It.u- L . H-lJ:K:n ~
ROBERT L. HUNT, CITY MANAGER
I, NANCY A DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo. State of California, do hereby certify under penalty of perjury that the foregoing
Resolution No. 3206 is a true, full. and correct copy of said Resolution passed and
adopted at a regular meeting of said Council on the 11 th day of March 1997.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
March, 1997.
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NANCY A ~VIS, CITY CLERK
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SECTION II - DEFINITIONS
2 . ~6 TMMRnIATE F1\MILY
Employee's spouse, parent, child, sister, brother, grandparent
or grandchild, aunt, uncle, and the corresponding relative .by
marr~age .
2 .~7 LAYOFF ..~\
. The separation of an employee from the Competitive Service, .
which has been made necessary by lack of work, insufficient
appropriations of monies, or other"reasons not related to
fault, delinquency or misconduct on the part of the employee.
2.~8 T~AVB OF ABSENCE
Permission-to be absent from duty for a specified purpose,
wi th the right to return before or upon' the expiration of the
leave period..
2 . ~9 MEMORANDUM OF UNDERSTANDING
Written agreement on matters within the scope of
representation as defined by the Meyers-Milas-Brown Act, as
amended.
2 .20 PART-TIME EMPLOYEE
An employee who works less than full time on a daily, weekly I
monthly, or annual basis. SeRe~allYT -a ~-t-t-:i:me- -empl~~may
ReE - ava:-age- il1O!:'-e- -t-ban- -3-9- - heaFs - per- pay.... -pe:--i-od- -an- -aa - a.RB1:ial
sasis,,:,
a. Pe:ananent Part-time Employee - A part-time employee whose
position is specified in the City Budget and is intended
to be .in place for more than one (1) fiscal year.
Tempo~ Part-time Employee - A part-time e~loyee WRe~e
. ." -e.he R.~~~~I teDI1 of Ehe appointment is-Ear bf less than
.~.~~ ~rfLI~.~.s~,..l~,~,,:,iifi\~1~1~1iE?Ji.1~~ii.~i!i~ii\i11~~iij~I~~~~RIU~
1~"'~"~"""""~"""''''~
::::.............~1~:~ '~...- ::~~:~..:...:.::.:.:
2 . 21 PEACE OFFTC"'RR
An employee,who is assigned to the Police Department and who
exercises Peace Officer powers as defined in either Section
830.1 or Section 830.6 of the California Penal Code or an
employee who is assigned to the .Fire Department and exercises
Peace Officer powers pursuant to Section 830.31 (a) of the
California Penal Code and Section 13103 of the California
Health and Safety Code.
Revised: March 11, 1997 PERSONNEL REGULATIONS - PAGE 8
SECTION XII - EMPLO'!EE RESPONSmILITIES AND BENEFITS
A. LEAVE OF ABSENCE ( continued)
4. FAMILY OR PARENTAL LmlVE ( continued)
All other provisions of the State FCLA and Federal FMLA
apply. There are certain exceptions to eligibility and
family-care leave, and the City is legally permitted to
l deny a request for such leave under certain conditions.
.
5. SICK LEAVE
Sick leave is defined as time off with pay when it is
occasioned by genuine illness, physical injury, necessary
medical appointment, or physical disability to the
employee' and immediate family member who is a child,
parent, or spouse of the employee.
Eligible full-time employee(s) in City service covered
under these rules accrues one (1) day of sick leave with
pay for each month of . service, with unlimited
accumulations. Management and Confidential employees who
receive annual leave as prescribed in Section XII.A.l. of
these regulations are not el~gible to receive sick leave.
. Permanent part-time employees shall earn sick leave at
the rate of one (1) hour of sick leave for every 22 hours
worked. The maximum. accumulation of sick leave for a
ermanent art - time e 1 ee is 80 hours. R:'>:-!'::'~'~:'~~i':'::;::'~:;;jt::'~':']~t;;
i1~_i~JJ~I_jfigqfJIC2.~iii.m~~g~[t ......~......~.,~..".,~.. .
Any employee who is absent because of sickness or other
physical disability shall notify the immediate supervisor
or Department Director as soon as possible, but in any
event, within two (2) hours from the start of his/her
shift. Any employee who fails to comply with this
provision without having a valid reason will be placed. on
leave of absence without pay during the unexcused absence
and be subject to disciplinary action in accordance with
-' established procedures.
The Department Director may require written proof of-
illness from an authorized medical authority at the
employee's eXpense for sick leave use in excess of three
(3 ) cons~cu.ti ve working days.
J In the event. an employee is absent due to disability
. incurred on duty, the employee may use a portion or all
of his/her accumulated sick leave to supplement
compensation received under the Workers I Compensation Act
of California in an amount not to exceed the employee I s
regular rate of pay. This shall not apply to public ,
safety personnel who are receiving benefits under Section
4850 of the Labor Code.
Revised: March 11, 1997 PERSONNEL REGULATIONS - Page 45
SECTION XII - EMPLOYEE RESPONSIBILITIES .AND BmusH L'.L'S
B. VACATION (continued) , .
Each eligible employee shall be required to have served the
equivalent of one (l) year of continuous service in the City
in order to be eligible for his/her annual vacation leave.
However I in the event an employee .so chooses, he/ she may,
after six {6} continuous months of service, take vacation.
. leave not to exceed five (5) working days, with the Supervisor
and/ or Department Director I s approval; or in accordance with
the current Memorandum of Understanding (MOU) of the
respective employee organization(s} .
The City's procedure for scheduling vacations is to submit a
request in advance for a specific time. This request will be
subj ect to the approval of the employee's Department Director.
, Vacation time is accrued monthly. Full-time employees accrue
vacation time based on the following schedule:
o - 1 Year Ten (10) days per year
2 - Years Twelve {12} days per year
3 - Years Thirteen (13) days per year
4 - Years Fourteen (14) days per year
5 - 6 Years Fifteen (15) days per year
7 - 8 Years Sixteen (16) days per year
9 - 10 Years Seventeen (17) days per year
11 - 12 Years Eighteen (18) days per year
13 - - 14 Years Nineteen (19) days per year
15+ - Years Twenty {20} .days per year
Permanent part-time employees shall earn vacation leave .at the
rate of one {1} hour of vacation leave for every 26 hours
worked. The maxinmm acCUUI11lation of vacatioll leave for a
... ...,.,.v...I'J".......~V^-n..........y..~..._................................... ..........,....
ermanent art-time e 10 ee is 80 hours. flit...::.:)t.~:"':::,:l'::a~:;t,~:t.i=me
p p !!!p. y. ....~..mP.Q......m.~..,....................,
.. ........................J',.,I'..J"..No....,r.../'.~.. .../!N,t'.v,t'NJ'..P.l'P.f'A.....YJ".....y"'^y.. ,t'^'"NJ'......~'VV'......'t..........^..~.i.~..Y.....~'^....,t'.
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~~~*~~g}~~2~~~~Mm~:s~~...m.::;..~~.:~~~~;~~
An employee should use a tnini11Tlmt of 50% vacation leave earned
each calendar year during that same calendar year. The
balance of the vacation leave remaining unused during that
-- same calendar year may be accrued. Exception is made to this
paragraph for all new employees commencing City employment .
after December 31st of each year so that there is no
requirement upon a new employee to use a minimum of 50% of
vacation leave earned by the first December 31st after
employment commences. In the event an employee's accrued
vacation leave exceeds the maximum. allowed, the employee shall "
be paid at his/her December 31st hourly wage rate for those '
hours accrued. in excess of the maximum allowed, as depicted on
the following chart; or in accordance with the current
Memorandum of Understanding {MOU} of the respective employee
organization{s).
Ilevised: March 11, 1997 PERSONNEL RBGOLATIONS - .page 49