[ Council Communication ]  [ Proposed Resolution - Amending Pay... ]  [ Proposed Resolution - Clarifying Conditions... ]

Council Communication

Title:	Reading by title only of "A Resolution Amending the Pay Schedule for Management and Confidential Employees for Fiscal Year 02/03" and "A Resolution of the City of Ashland Clarifying Certain Conditions of Employment for Management and Confidential Employees and Making Such Conditions Consistent with the Federal Fair Labor Standards Act by Repealing Resolution No. 97-18."
Dept:	Administration
Date:	July 16, 2002
Submitted By:	Greg Scoles, City Administrator
Reviewed By: ........................	Paul Nolte, City Attorney

Synopsis:	The first resolution would adjust the pay schedule for the Management Team, Division Supervisors, Mid-Level Supervisors, Confidential Employees, City Recorder and Municipal Judge. This adjustment would be commensurate with the adjustments granted by contract to the city's five bargaining units, which represent the remaining employees. The second resolution updates the management resolution by requiring a contribution by management employees toward their health benefits, among other things.
Recommendation:	Staff recommends the adoption of the attached resolutions, which provides for a 2.5% adjustment for management, a 3.0% adjustment for mid-managers/supervisory staff and a 3.5% adjustment for confidential employees.
Fiscal Impact:	A 3.0% increase was included in the approved 2002/2003 Budget in anticipation of this adjustment.
Background:	The city has entered into multi-year contracts with the various bargaining units. The City is currently negotiating with the IBEW Union. Most of these contracts call for a minimum adjustment based on the Consumer Price Index. Adjustments, per union agreements, will range between 3.0% - 4.5%. There are approximately 45 employees within the management, supervisory or confidential classification. Labor groups do not represent these employees. The City Recorder and Municipal Judge are covered by a provision in the city charter, which links their salaries to the "…average salary adjustment of the other supervisory employees and department heads…" (Article III.3.). In this case a weighted average would be equal to 2.8%. The Consumer Price Index (CPI) has averaged around 1.3% during the last year and adjustments for represented employees averaged over 3.0%. In the past the council has determined that it is important to maintain reasonable salary differentials between organized employees and the supervisory/management staff. Furthermore the council has determined it is important that the city maintain a pay schedule that is competitive. The changes to the management resolution will require a contribution by management employees to their health benefits (5% of the premium), clarify retiree health benefits, increase the deferred compensation match by $15.00, among other housekeeping items.

End of Document - Back to Top

RESOLUTION NO. 2002-_____

A RESOLUTION AMENDING THE PAY SCHEDULE FOR
MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR
FISCAL YEAR 2002-2003.

RECITALS:

1. The average wage adjustment for Fiscal Year 2002/03 for the five City labor unions is between 3.0 and 4.5 percent.

2. It is important to maintain salary differentials and avoid compression between represented employees and the Management/Supervisory/Confidential staff. It is also the desire of the City to maintain its management and confidential play plan at a level commensurate with other jurisdictions when recruiting for these positions.

3. The adopted budget for Fiscal Year 2002/03 anticipates a 3.0 percent cost of living adjustment for Management/Supervisory and Confidential employees.

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. The pay schedule is hereby modified by 2.5 percent for Management, 3.0 percent for Mid-Management/Supervisory and 3.5 percent for Confidential employees effective July 1, 2002.

SECTION 2. The salary of the Municipal Judge and the City Recorder shall be adjusted by 2.8 percent, which is the weighted average of the adjustments made for Department Heads and Supervisors.

SECTION 3. This resolution takes effect upon signing by the Mayor.

This resolution was read by title only in accordance with Ashland Municipal Code Sec. 2.04.090 duly PASSED and ADOPTED this ____ day of July, 2002.
Barbara Christensen, City Recorder

SIGNED and APPROVED this ____ day of July, 2002.

Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

End of Document - Back to Top

RESOLUTION NO. 97-18 2002-___

A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND MAKING SUCH CONDITIONS CONSISTENT WITH THE FEDERAL FAIR LABOR STANDARDS ACT BY REPEALING RESOLUTION NO. 97-18.

Recitals:

A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions;

B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and

C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees;

The mayor and council resolve as follows:

1. Scope of Resolution. Resolution No. 96-37 97-18 is repealed. This 1997 2002 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A", dated April 1997 June 2002. Where the term "employee" is used, it shall mean regular full-time employees and probationary employees as defined in section 0 and Appendix A. This resolution does not apply to any employee who is a member of any collective bargaining unit.

2. Definitions.

2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employees are paid hourly for work performed and they are subject to payment for overtime according to the Fair Labor Standards Act. Confidential employee includes those classifications in Appendix "A" under "Confidential."

2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. Department heads are exempt from overtime payment. Department heads include those Management classifications in Appendix "A" under "Department heads."

2.3 Division Supervisor. A person directly responsible to a department head or the City Administrator for the operational functions of a city department or division. Division supervisors are exempt from overtime payment. Division supervisors include those Management classifications in Appendix "A" under "division supervisors."

2.4 Mid-Level Supervisor. A person reporting to a division supervisor or department head who may receive overtime payment for work outside their normal scope and duties. Mid-level supervisory positions require autonomy, independent decision making, planning, and may provide supervision to other personnel.

2.3 2.5 Employee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period.

2.4 2.6 Management or Manager. Those classifications included in Appendix "A" under the title "Management" including Department heads, Division Managers and Mid-Level Managers.

2.5 2.7 Probationary Employee. A person appointed to a regular position but who has   not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position.

2.6 2.8 Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit.

3. Purpose. The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes:

3.1. To clearly establish which classifications in the city service are management or confidential.

3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance.

3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees.

4. Managerial Performance.

4.1. Goal Setting. Basic goals for the City of Ashland are set by the mayor and city council. Resources for achieving those goals are provided via the annual budget. Operational goals and short range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers.

4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities:

4.2.1. Getting the job done properly and on time,

4.2.2. Keeping the workplace safe and healthy,

4.2.3. Encouraging team work and cooperation among employees and departments,

4.2.4. Developing employee skills,

4.2.5. Keeping records and making reports, and

4.2.6. Actively promoting affirmative action at all levels.

4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers.

4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination.

Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 0. Management employees may take compensatory time off at their discretion as long as they exercise judgement so that their absence does not unreasonably interfere with the city's operations.

In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement.

4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland.

4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination.

4.3.4. Residency. Residency within the Urban Growth Boundary shall be a job requirement of the city administrator and strongly encouraged for department heads.

The following employees shall establish their residence to enable them to report for emergency duty within 30 minutes of notification including "get ready" and travel time:

Public Works Superintendent
Street Superintendent
Street Supervisor
Water Quality Superintendent
Wastewater Collection Supervisor
Water Distribution Supervisor
Wastewater Treatment Plant Supervisor
Water Treatment Plant Supervisor
Water Quality Supervisor (Collection)
Water Quality Supervisor (Distribution)
Water Plant Supervisor
Electric Operations Superintendent
Fire Training/EMS Program Director
EMS/Fire Division Chief
Police Sergeant
Police Captain
Police Lieutenant
Assistant Fire Chief
Telecommunications Engineer
Network Administrator
Database Administrator
User Support Administrator
Maintenance Safety Supervisor
Telecommunications/Computer Technician

Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion.

4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance:

4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals.

4.4.2. Organizing. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules.

4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows employees to make significant contributions to the accomplishment of objectives.

4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees.

4.4.5. Decision Making/Problem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions.

4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees.

4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources.

4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits.

4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program.

4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility.

4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace.

5. Holidays. 5.1. Recognized Holidays. Such Recognized holidays as are set forth in AMC §3.08.080. For convenience they are listed here:

New Years Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (lst Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (in lieu of Lincoln's birthday)
Christmas Day (December 25)

5.1.1. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, in lieu of time off. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire.

5.1.2. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave.

6. Vacations for Management and Confidential Employees.

6.1. Eligibility. Management employees shall be eligible for vacation with pay in accordance with the following sections:

6.1.1. Employees with less than four full years of continuous service shall accrue 8.67 hours of vacation for each calendar month of service worked.

6.1.2. Employees with more than four but less than nine full years of continuous service shall accrue 10.67 hours of vacation credit for each calendar month of service.

6.1.3. Employees with more than nine but less than 14 full years of continuous service shall accrue 12.67 hours of vacation credit for each calendar month of service.

6.1.4. Employees with more than 14 but less than 19 full years of continuous service shall accrue 14 hours of vacation credit for each calendar month of service.

6.1.5. Employees with more than 19 but less than 24 full years of continuous service shall accrue 15.34 hours of vacation credit for each calendar month of service

6.1.6. Employees with more than 24 full years of continuous service shall accrue 17.34 hours of vacation credit for each calendar month of service

(NOTE: The above schedule includes one day of leave which was previously designated as "birthday holiday".)

6.2. Utilization. Vacation leave taken shall not be in excess of that actually accrued at the time it is taken. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances.

6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave.

6.4. Accrual Limitation. Management and Confidential employees are required to take at least not less than 75% of accrued their annual vacation accrual as time off each year. The balance of accrued vacation may be taken either as time off or paid in cash on June 15 of each year. Vacation may be carried over with the approval of the city administrator in special circumstances, but in no event shall the total accrual at any time exceed twice the amount of the employee's annual accrual. All Management and Confidential employees may elect to receive up to twenty-five percent of their unused annual vacation accrual as cash on the first pay check in June each year. The balance of the twenty-five percent not elected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee's total vacation accrual exceed twice the amount of the employee's annual accrual without approval .

6.5. Scheduling. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations.

6.6. Payment on Termination. An employee terminated after six-months employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid.

7. Hours of Work for Confidential Employees.

7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall normally consist of five consecutive days as scheduled by the department heads or other responsible authority.

7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period, which shall not be paid.

7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the Head of the department head to notify employees of their scheduled shifts, workdays, and hours.

7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties.

7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift.

8. Sick Leave.

8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland.

8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual cannot exceed 720 hours. Sick leave shall continue to accrue only during leaves of absence with pay.

8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Hourly employees Confidential employees and Mid-Level Supervisors may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. Confidential employees and Mid-Level Supervisors may be granted the use of sick leave for illness in the immediate family.

8.4. Integration with Worker's compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any.

8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be any leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay.

8.6. Pay for Unused Sick Leave. All Management and Confidential employees may elect to receive twenty-five percent of their unused annual sick leave accrual (maximum of 24 hours) ed during the preceding twelve months as cash on their first paycheck in December. Paid compensation or paid leave, with If cash payment is not elected, the unused portion of sick leave will be unused sick leave added to cumulative sick leave balance.

9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law, or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer.

10. Other Leaves of Absence

10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification therefor in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city.

10.2. Jury Duty. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday.

10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees.

10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters.

10.5. Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts.

10.6. Military Leave. Military leave shall be granted in accordance with ORS 408.290.

10.7. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's control.

11. Discipline and Discharge. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city.

11.1. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following:

(a) Oral reprimand
(b) Written reprimand
(c) Demotion
(d) Suspension
(e) Discharge

Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the wilful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, wilful violation of departmental rules or this management resolution, commission of any matter listed in AMC §3.08.030.B or for political activities forbidden by state law.

11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause.

11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee.

Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final.

12. Probationary Period.

12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the departments by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee shall serve a minimum probationary period of 12 months after which, upon recommendation of the head of the department head, the employee shall be considered a regular employee s. The probationary period may be extended upon request of the department head if an adequate determination cannot be made at the end of the probationary period.

12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a twelve six month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause.

13. General Provisions.

13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability.

13.2. Other/Outside Employment. Outside employment shall be permitted only with the express prior written approval of the city administrator who shall follow the principles set forth in AMC 3.08.040.1. The city administrator may at any time revoke permission to hold outside employment. Outside employment shall be permitted only with the express prior written approval of the department head or City Administrator. The general principles to be followed by the City in permitting or restricting such outside employment shall be:

1. The need for mentally and physically alert City employees;
2. Insulating employees from potential conflict of interest situations;
3. Maintaining efficiency unimpaired by other employment, particularly for those city positions requiring employees to be available for duty 24 hours a day. In the event that the above principles are violated, the department head or City Administrator may revoke previously granted permission to hold outside employment.

13.3. Worker's compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate.

13.4. Liability Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties.

14. Compensation

14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date.

14.2. Compensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the city council. When any position not listed on the pay schedule is established, the city administrator shall designate a job classification and pay rate for the position.

14.3. Overtime. Exempt management employees are expected to devote whatever time is necessary to accomplish their job. For all non-exempt employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest.

14.4. Form of Compensation. The city administrator, city attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. All other management personnel. Mid-Level supervisors and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time.

14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the city administrator may appoint a new employee at any appropriate step within the pay range.

15. Health, Welfare and Retirement.

The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution.

16. Compliance with FLSA.

This resolution shall be interpreted in a manner to preserve the exempt status of the city's bona fide administrative, executive, and professional employees, as those terms are used in the Federal Fair Labor Standards Act (FLSA). Such exempt employees shall not have their pay docked or reduced in any manner that would be inconsistent with the salary test set forth in the FLSA and they are not subject to disciplinary suspensions of less than a week except for major safety violations.

17. Effective Date. This resolution shall become effective as of May 1, 1997 July 16, 2002.

This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this 15th 16th day of April, 1997. July, 2002.
Barbara Christensen, City Recorder

SIGNED and APPROVED this 15th 16th day of April , 1997 July, 2002.
Catherine M. Golden, Mayor Alan DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

APPENDIX "A"

Classifications in the Management and Confidential Employee Groups

MANAGEMENT
EXECUTIVE MANAGEMENT

City Administrator - Exempt
City Attorney - Exempt
Assistant City Administrator - Exempt
Police Chief - Exempt
Electric & Telecommunications Director - Exempt
Finance Director Exempt
Fire Chief Exempt
Public Works Director/City Engineer Exempt
Administrative Services Director Exempt
Community Development Director Exempt

DIVISION SUPERVISORS
Electric Operations Superintendent Exempt
Assistant Fire Chief/Fire Marshal Exempt
EMS/Fire Division Chief Exempt
Public Works Superintendent Exempt
Engineering Services Manager Exempt
Police Lieutenant Exempt
Telecommunications Engineer Exempt
Cable TV Manager Exempt
Network Administrator Exempt
Database Administrator Exempt
Marketing & Communications Manager Exempt
Senior Planner Exempt
Building Official Exempt
User Support Administrator Exempt
Accounting Supervisor Exempt
Customer Service Supervisor Exempt
Senior Program Director Exempt

MID-LEVEL SUPERVISORS
Police Sergeant Non-Exempt
Police Administrative Services Manager Non-Exempt
Water Plant Supervisor Non-Exempt
Water Quality Supervisor (Distribution) Non-Exempt
Water Quality Supervisor (Collection Plant) Non-Exempt
Associate Engineer Non-Exempt
Maintenance Safety Supervisor Non-Exempt
Street Supervisor Non-Exempt
Telecommunications/Computer Technician Non-Exempt
Personnel Analyst Non-Exempt
Dispatch Supervisor Non-Exempt

CONFIDENTIAL
Legal Assistant Non-Exempt
Personnel Assistant Non-Exempt
Executive Secretary Non-Exempt
Administrative Assistant Non-Exempt
Administrative Secretary Non-Exempt
Secretary Non-Exempt

APPENDIX "B"

Health, Welfare, and Retirement Benefits

The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution.

1. Health Insurance.

A. Premiums for Blue Cross/Blue Shield Plan V-A, including Full Service Vision insurance, for employees and their dependents. Coverage will commence for new employees the first of the month following 90 calendar days from date of employment unless otherwise approved by the City Administrator.

B. Well Baby Care - All in hospital exams, six doctors office exams the first year and three exams the second year, to a maximum of $100.00 each exam, including lab and x-ray expenses. Immunizations and innoculations are covered under the Blue Cross/Blue Shield plan with a $5.00 copay. the $5.00 is not reimbursable.

C. Routine Physical Examinations - Routine physical examinations will be provided for employees and dependents as follows:

Age 2-18 once every 3 years up to $ 50.00
Age 19-34 once every 5 years up to $140.00
Age 35-59 once every 2 years up to $140.00
Age 60 & over once every year up to $140.00

A. Blue Cross/Blue Shield medical Plan V-A, UCR Vision and dental plan III for employees and their eligible dependents. New employees will begin coverage on the first day of the month after they are hired.

As of January 1, 2003, the City will pay 95% of the total monthly health premium, with the employee paying the remaining 5% on a pre-tax basis.

B. Reimbursement for preventative/wellness medical costs as provided in the city's Wellness Program.

2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary.

3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each qualified dependent of an employee.

4. Salary Continuation Plan. Premiums for the League of Oregon Cities Long Term Disability Insurance.

5. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent.

6. Social Security. Contributions to Social Security as required by law.

7. Dental Insurance. Premiums for Blue Cross Option III Dental plan for employees and their dependents.

7. Medical Insurance for Retirees. All employees retiring from city employment and their eligible dependents will have the option of continued participation in the city's medical insurance program at the same monthly group premium as active employees. The retiree must be actively covered under the city's group plan at the time of retirement to be eligible for continued retiree coverage. Retirees must make their health insurance payment to the city on or before the 15th of the month prior to the covered month to continue health coverage. The right to participate and medical coverage ceases when the retiree or their eligible dependent(s) become Medicare-eligible at age 65.

Any employee retiring in a position covered by this resolution who has 15 or more years of service and who is Medicare-eligible at the time of retirement, shall be provided with Blue Cross Preferred Choice 65/ Plan C, or equivalent plan selected by the city. The city will pay the premium for the retiree. The retiree must have been participating in the city's group plan at the time of retirement to be eligible for this benefit.

Early retirees who retire in a position covered by this resolution, and have 15 or more years of service, and are at least age 60 at retirement shall receive a monthly check equal to the amount paid for Blue Cross Preferred Choice 65/Plan C, or equivalent plan selected by the city, until they become eligible for Medicare at age 65. The retiree must elected continued retiree coverage under the city's group plan to be eligible for this benefit. Once the retiree turns 65 and establishes Medicare eligibility, the city will pay the premium directly to Blue Cross Preferred Choice 65/Plan C or the equivalent plan selected by the city, on the retiree's behalf.

8. 9. Deferred Compensation. Deferred compensation in the amount of $30.00 $15.00 per month in matching funds per employee enrolled in a city deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee.

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