Reso 1379-06/2011RESOLUTION NO. 1379
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT IMPLEMENTING THE
LAST, BEST AND FINAL OFFER FOR SALARY RANGES,
BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT
FOR FISCAL YEARS 2011 -12, 2012 -13, AND 2013 -14
WHEREAS, the Vallecitos Water District (District) has in accordance with the Meyer- Milias-
Brown Act (Government Code Section 3500 et seq.) and the Constitution and Bylaws of the
Vallecitos Employees Association (Employees Association) met and conferred in good faith since
March 2011 concerning a Memorandum of Understanding relating to Benefits, Rules, Regulations,
Salary Ranges and other Conditions of Employment for Employees of the District for fiscal years
2011 -12, 2012 -13, and 2013 -14; and
WHEREAS, after a series of proposals and counter - proposals the parties have reached an
impasse; and
WHEREAS, the Board of Directors desires in accordance with Government Code Section
3505.4, to implement the District's Last, Best and Final offer; and
WHEREAS, the implementation of the Last, Best and Final offer will not preclude the
Employees Association from meeting and conferring each year on matters relating to Benefits,
Rules, Regulations, Salary Ranges and other Conditions of Employment.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water
District as follows:
SECTION 1 IMPLEMENTATION OF THE LAST, BEST AND FINAL OFFER
The Board of Directors does hereby implement the Last, Best and Final offer for Fiscal Years
2011 -12, 2012 -13 and 2013 -14, a copy of which is attached hereto as Exhibit "A" with the
understanding that the Employees Association has the right to meet and confer each year prior to
adoption of the District budget on matters within the scope of representation including Benefits,
Rules, Regulations, Salary Ranges and other Conditions of Employment.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water
District at a regular meeting held on the 15 day of June, 2011, by the following roll call vote:
AYES: FERGUSON, GENTRY, SHELL, POLTL
NOES:
ABSTAIN:
ABSENT: HERNANDEZ
W. Poltl- President
of Directors
tos Water District
A7- SJ�� C�
Dennis O. Lamb, Secretary
Board of Directors
Vallecitos Water District
Exhibit "A"
Best and Final Offer 5/25/11 Paqe 1
LAST, BEST AND FINAL OFFER FROM
THE VALLECITOS WATER DISTRICT BOARD OF DIRECTORS
TO
THE VALLECITOS WATER DISTRICT EMPLOYEES' ASSOCIATION
COVERING THE EMPLOYEES UNIT OF REPRESENTATION
FOR F/Y 2011/12, FN 2012113 AND F/Y 2013/14
This Last, Best and Final Offer from the Vallecitos Water District (District) Board of
Directors to the Vallecitos Water District Employees Association (Association) is made after
meeting and conferring in good faith with the Association on wages, benefits and other terms
and conditions of employment that covers the employees in the general employees unit of
representation. This Last, Best and Final Offer is made in accordance with Government
Code Section 3505.4 with the understanding that the Association has the right to meet and
confer each year prior to adoption of the District budget on matters within the scope of
representation
THE LAST, BEST AND FINAL OFFER IS AS FOLLOWS:
I. RENEGOTIATION: In the event the Association desires to negotiate the
provisions of a successor Last, Best and Final Offer, such party shall serve upon the District
no later than April 1, of each successor year its written request to commence negotiations, as
well as its full and entire written proposal. Upon receipt of such written notice and proposal,
negotiation shall begin thereafter no later than April 15 of each successor year.
II. BASE SALARY RANGE: The base salary range for all positions, excluding the
General Managers which is established by the Board of Directors, shall be set at 100% of the
average wages established by position in the 2010 Compensation Study.
Salary adjustments, if any, identified in the 2010 Compensation Study shall be
included in the first effective full pay period after July 1, 2011. Positions determined to be
above the average salary range shall be frozen until a subsequent Compensation Study
warrants modification.
III. COST OF LIVING SALARY ADJUSTMENT (COLA): The adjustment for each
fiscal year shall be based on the San Diego Consumer Price Index for All Urban Consumers
(CPI -U), or its successor document, for the preceding calendar year. The COLA is based on
the percent change in the CPI -U for the calendar year. Excluding FY 2011/12, the District
shall provide a rollover of the percentage above the caps listed below, if invoked, from the
previous year to the following year of this Last, Best and Final Offer as long as the combined
percentage does not exceed the subsequent year's cap.
A. Fiscal Year 2011/12' Effective for the pay period in which this MOU is adopted,
the District shall provide a COLA increase in salary in the amount of 1.2 %.
B. Fiscal Year 2012/13: On or about March 2012 the District shall provide a COLA
increase in salary in an amount not to exceed 1.5 %.
C. Fiscal Year 2013/14: On or about March 2013 the District shall provide a COLA
increase in salary in an amount not to exceed 2.0 %.
Exhibit "A"
Best and Final Offer 5/25/11 Paae 2
IV. HOLIDAY ADDITIONS Holiday schedule additions /revisions:
During Fiscal Year 2012/13, the District shall allow the employees to utilize one nine -
hour floating holiday for Monday, December 24, 2012, the day before Christmas, which will
i close the District's offices to regular business.
During Fiscal Year 2012/13, the District shall provide one additional nine -hour floating
holiday on Monday, December 31, 2012, the day before New Year's Day, which will close the
District's offices to regular business.
V. DISTRICT PAYMENT OF EMPLOYEES SHARE OF FICA: The employees'
portion of FICA, currently paid by the District, will be paid by the employees in accordance
with the following schedule:
A. Fiscal Year 2011/12: Effective July 1, 2011, the employer shall pay two- thirds of
the employees' FICA contribution. This benefit is added to gross wages in
accordance with the formula provided in IRS Revenue Ruling 86 -14 and subject to
federal and state income tax, and state disability insurance.
B. Fiscal Year 2012/13: Effective July 1, 2012, the employer shall pay one -third of
the employees' FICA contribution. This benefit is added to gross wages in
accordance with the formula provided in IRS Revenue Ruling 86 -14 and subject to
federal and state income tax, and state disability insurance.
C. Fiscal Year 2013114: Effective July 1, 2013, the employer no longer pays any
portion of employee FICA contribution.
VI. BASE MEDICAL PREMIUM: Effective July 1, 2011, Medical insurance will be
provided as a Base Medical Premium, at the discretion of the District, for all full time
employees, spouse and legal dependents.
Section VI provides the employees with a 30 day period to consider changes in
medical plans and doctors, contributions towards premium costs and resolve /complete on-
going medical treatments or procedures. If an employee does not elect to change plans
within this period, the employee shall be responsible for premiums beyond those shown in
Table 9.
Base Medical Premiums — Table 1
Calendar Year
2011i,
2012
2013
2014
=Base Rates
Individual
$437'-
$481
$529
$582
Couple
$866
$953
$1,048
$1,153
Family
$1,222 '
$1,344
$1,478
$1,625
Exhibit "A"
Best and Final Offer 5125/11 Page 3
The monthly premiums shown in Table 1, include an annual 10% escalation effective
January 1 of each year through July 1, 2014, and establish the monthly maximum the District
will pay on behalf of the employee, spouse and legal dependents. If premiums increase
beyond those established in Table 1, the employee shall be responsible for the additional
} costs as a monthly payroll deduction.
The District may continue to provide access to other medical plans if the minimum
participation required for each plan is met. In the event the minimum participation is not met,
the District may no longer provide the plan.
VII. EMPLOYEE CONTRIBUTIONS TOWARDS HEALTH PREMIUMS: The District
will establish a program in accordance with the Internal Revenue Code allowing pre -tax
contributions for premiums beyond those shown in Section Vl, Table 1.
VIII. OTHER POST EMPLOYEMENT BENEFITS (OPEB Regular full -time
employees with 5 continuous years of employment who are at least 50 years of age at the
time of retirement (Qualified Employees) and their spouse shall be eligible for the OPEB
benefit.
Base Medical Premiums established in Section Vl, Table 1 shall apply to the OPEB
benefit and shall be paid until such time as the employee or spouse becomes eligible for
other coverage, or are eligible for Medicare, but not beyond the age of 65. In the event a
Qualified Employee dies, the surviving spouse shall be eligible to receive or continue to
receive the OPEB beginning at the age of 50 and will continue to receive the OPEB until they
receive other coverage or are eligible for Medicare, but in not beyond the age of 65.
All qualified employees that retire after July 1, 2012, and their spouses, shall receive
the same monthly Base Medical Premium as regular full -time employees
Qualified Employees that retire before July 1, 2012, will be provided OPEB benefits in
accordance with the MOU adopted on February 15, 2006. This provision terminates
automatically on July 1, 2012, and shall not be extended.
The percentage of the Base Medical Premium paid for a Qualified Employee that
retires between July 1, 2012, and December 31, 2013, shall be based upon Table 2.
Table 2 (Percentage of OPEB Premium Payment
Years of Service
Employee
Spouse
0 -5 years
0%
0%
5 -10 years
33%
33%
10 -15 years
66%
66%
15+ years
100%
100%
The percentage of the Base Medical Premium paid for a Qualified Employee that
retires after December 31, 2013, shall be based upon Table 3.
Exhibit "A"
Best and Final Offer 5/25/11 Page 4
Table 3 (Percentage of OPEB Premium Payment
Years of Service
Employee
Spouse
0 -5 years
0%
0%
5 -10 years
25%
25%
10 -15 years
50%
50%
15 -20 years
75%
75%
20+ years
100%
100%
Premiums for expenses beyond those noted in Table 1 shall be collected monthly
through a billing agent of the District. Failure to pay additional premiums may result in
termination of OPEB medical benefits provided by the District.
IX. CLASSIFICATION AND COMPENSATION STUDY: The District will complete
a Classification and Compensation Study prior to March 2014, with the goal of being
completed prior to future good faith meet and confer negotiations.
X. MAXIMUM PERS PENSION BENEFIT: A District retiree is solely responsible
for payment of the employee's portion of FICA assessed on retirement benefit received in
excess of limits established in the Internal Revenue Code.
XI. PERS CONTRIBUTION: All employees hired after July 1, 2011, shall be
responsible for payment of 50% of the employee's share of the PERS contribution. This
section is not intended to limit the ability of the District to modify the future employee
contribution rate for employees hired before the effective date of this Last, Best and Final
Offer.
XII. BEREAVEMENT LEAVE: The following bereavement leave policy is hereby
established:
With prior approval, and at the discretion of the General Manager, full -time employees
are eligible to take up to an annual maximum of three (3) working days paid bereavement
leave in the event of the death of a member of the employees immediate family. For the
purposes of this benefit, immediate family includes: employee's spouse, registered domestic
partner (as defined by the State of California), child, child of a registered domestic partner,
stepchild, parent, stepparent, legal guardian, grandparent, grandchild, brother, sister,
stepbrother, stepsister, mother /father -in -law, or mother /father of registered domestic partner.
l With prior approval, and at the discretion of the General Manager, an employee may
be allowed to use accrued sick leave, compensatory time off, or vacation time for the purpose
of supplementing bereavement leave.