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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.