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HomeMy WebLinkAboutResolution 95-081 (REPEALED)RESOLUTION NO.95-81 APPROVING AMENDED DEFERRED COMPENSATION PROGRAM FOR EXECUTIVE MANAGEMENT GROUP EMPLOYEES AND MANAGEMENT.PROFESSIONAL AND SUPERVISORY EMPLOYEES A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6, 7,11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA, APPROVING REVISIONS TO THE DEFERRED COMPENSATION PROGRAM FOR THE EXECUTIVE MANAGEMENT GROUP EMPLOYEES (GENERAL MANAGER,ASSISTANT GENERAL MANAGERS AND DEPARTMENT HEADS)AND MANAGEMENT, PROFESSIONAL AND SUPERVISORY EMPLOYEES OF THE DISTRICTS,AND REPEALING RESOLUTIONS NOS. 86-29 AND 87-113 A A A A A AAAAA I.AAAAAA AAA AAAA A***AAA AAA*A WHEREAS,in conjunction with the Districts’Deferred Compensation Plan,the Districts,by Resolution No.86-29 and Resolution No.87-113,adopted by the Boards of Directors on February 13,1986 and August 8,1987,respectively,have previously approved specified Districts’contributions to the individual deferred compensation accounts of the General Manager,Assistant General Managers and Department Heads (collectively described as the “Executive Management Group”),and certain Management,Professional and Supervisory employees of the Districts. NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos. 1,2,3,5,6,7,11,13 and 14 of Orange County,California, DO HEREBY DETERMINE,RESOLVE AND ORDER: Section 1:Contributions A.General Manager and Assistant General Managers That the Districts hereby approve a contribution of Districts’funds in the annual sum equal to $7,500.00 to the respective individual deferred compensation accounts of each of the General Manager and the Assistant General Managers (the “Districts Non-Matching •Funds Contribution for General/Assistant General Managers”). B.Department Heads That the Districts hereby approve a contribution of Districts’funds to the respective individual deferred compensation accounts of the Department Heads in an annual sum equal to a maximum of three (3%) percent of the gross annual salary of each of the respective Department Heads (the “Districts Matching Funds Contribution for Department Heads”),provided that each such employee voluntarily withholds from his/her salary and contributes an equal sum to his/her individual deferred compensation account. That the Districts hereby approve an additional contribution (the “Districts Non-Matching Funds Contribution for Department Heads”)to the respective individual deferred compensation accounts of the Department Heads,in an annual sum equal to three (3%)percent of the gross annual salary of each of the respective Department Heads,exclusive of the Districts Matching Funds Contribution for Department Heads,as hereinabove described,without the requirement of any matching contribution by the individual employees. That in the event the total sum contributed to the individual deferred compensation accounts of the Department Heads,comprised of the three (3%)percent Districts Non-Matching Funds Contributions for Department Heads,the three (3%) percent Districts Matching Funds Contributions for Department Heads,and the three (3%)percent matching funds contributions from the employee,exceeds the maximum 2000.00019 157601 2 permissible dollar amount of deferred compensation,as prescribed by the Internal Revenue Code or U.S.Treasury Department Regulations,the Districts shall continue to provide three (3%)percent Districts Non-Matching Funds Contributions for Department Heads and three (3%)percent Districts Matching Funds Contributions for Department Heads to the extent that such total Districts’contributions do not exceed the maximum allowed by law,and the individual employee shall only be required to contribute such matching funds contributions as will provide a total of all contributions that will equal the maximum allowed by law. C.Management.Professional and Supervisory Employees That the Districts hereby approve a contribution of Districts’funds in an annual sum equal to the maximum of one (1%)percent of the gross annual salary of the respective Management,Professional and Supervisory employees (collectively the “Districts Matching Funds Contribution(s)for Management,Professional and Supervisory Employees”),to the respective individual deferred compensation accounts of such employees,provided each such employee voluntarily withholds from his/her salary and contributes an equal sum to his/her individual deferred compensation account. That the Districts hereby approve an additional contribution (the “Districts Non-Matching Funds Contribution for Management,Professional and Supervisory Employees”)to the respective individual deferred compensation accounts of the Management,Professional and Supervisory employees,in an annual sum equal to two (2%)percent of the gross annual salary of each of the respective employees described herein,exclusive of the Districts Matching Funds Contribution for 2000.00019 157601 3 Management,Professional and Supervisory Employees’amount hereinabove described,without the requirement of any matching contribution by the individual employees. D.Vesting That upon completion of three (3)years of employment with the Districts and three (3)years of participation in the Deferred Compensation Plan, all Districts Matching Funds Contributions then on deposit in the individual deferred compensation accounts of the Department Heads,and Management,Professional and Supervisory employees,and all Districts Non-Matching Funds Contributions then on deposit in the individual deferred compensation accounts of the General Manager, Assistant General Managers,Department Heads,and Management,Professional and Supervisory employees shall be deemed vested,and thereafter,all Districts Matching Funds and Non-Matching Funds Contributions deposited into the individual employee’s deferred compensation account shall be deemed vested upon deposit.Notwithstanding the preceding sentence,however,upon the death,or upon the Normal or Late Retirement (as those terms are defined in the Deferred Compensation Plan)of the employee,irrespective of the length of his/her employment with the Districts,and of his/her participation in the Deferred Compensation Plan,all Districts Matching Funds and Non-Matching Funds Contributions then on deposit in the individual employee’s deferred compensation account shall be deemed vested.Once Districts Matching Funds and Non-Matching Funds Contributions have vested as described in this Subsection,they may thereafter be withdrawn to the extent otherwise permitted under the Deferred Compensation Plan. 2000-00019 157601 4 Section 2 This program shall be for the benefit of the employees comprising the Executive Management Group (General Manager,Assistant General Managers and Department Heads)and Management,Professional and Supervisory employees.The employment classifications of those employees are set forth on Attachment “1 “,which is incorporated herein by reference,and shall be terminated only by action of the Boards of Directors.In the event other classifications are added to the category of Executive Management Group and Management,Professional and Supervisory employees by action of the General Manager or Boards of Directors of Districts,said classifications shall be deemed to be governed by this Resolution concurrently therewith. Section 3 The General Manager and Director of Finance are hereby authorized to execute individual Deferred Compensation Participation Agreements with each eligible employee,and are further authorized to execute any and all documents relating to investment and payment transactions relating to the Deferred Compensation Plan,provided that such documents are approved as to form by the Districts’General. Counsel. Section 4 Resolutions Nos.86-29 and 87-113 are hereby repealed,and the provisions herein shall become effective upon adoption of this Resolution.The provisions herein shall remain in effect until amended or terminated by Resolution of the Boards of Directors. PASSED AND ADOPTED at a regular meeting held July 26 , 1995. 2000-00019 157601 5 ATTACHMENT “ EXECUTIVE MANAGEMENT GROUP General Manager Assistant General Manager -Administration Assistant General Manager -Operations Department Heads: A.Director of Engineering B.Director of Finance C.Director of Human Resources D.Director of Information Technology E.Director of Maintenance F.Director of Operations G.Director of Technical Services MANAGEMENT Financial Manager Controller Accounting Manager Purchasing Manager Secretary To The Boards of Directors Engineering Manager Construction Manager Lab Manager Source Control Manager Chief Operator Maintenance Manager Human Resources Supervisor Senior Human Resources Analyst Safety &Emer.Resp.Manager Senior Regulatory Specialist Environmental Management Manager Chief Scientist Training Manager Operations Manager Human Resources Assistant Executive Assistant II Executive Assistant I 2000-00019 157601 6 PROFESSIONAL Senior Accountant Accountant Principal Information Services Tech. Information Services Analyst Programmer Analyst Programmer Sr.Buyer Buyer Principal Administrative Assistant Sr.Administrative Assistant Engineer Associate Engineer UI Associate Engineer II Associate Engineer I Principal Engineer Associate Principal Env.Specialist Project Specialist Principal Lab &Res.Analyst Scientist Human Resources Analyst Safety &Emer.Resp.Specialist Regulatory Specialist Contract Administrator Safety Representative Senior Financial Analyst Financial Analyst Analyst Senior Maintenance Planner Planner 2000-00019 15760_i 7 SUPERVISORY Principal Accountant Information Services Specialist Software Specialist Supervising Buyer Warehouse Supervisor Engineering Supervisor Senior Engineer Chief Const.Inspector Supv.Const.Inspector Compliance Supervisor Lab Supervisor Senior Scientist Source Control Superv. Supv.Source Ctrl.Insp. Sr.Operations Supv. Operations Supervisor Training Supervisor Maintenance Supervisor Foreman Environmental Management Supvr. Safety Supervisor Principal Financial Analyst 2000-00019 15760_i 8 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE I,PENNY KYLE,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California,do hereby certify that the foregoing Resolution No.95-81 was passed and adopted at a regular meeting of said Boards on the 26th day of July,1995,by the following vote,to wit: AYES:George Brown,John C.Cox,Jr.,Jan Debay,Barry Denes, Shirley Dettloff,Norman Z.Eckenrode,James M.Ferryman, James H.Flora,Don A.Griffin,John M.Gullixson,Barry Hammond,Victor Leipzig,Wally Linn,Mark A.Murphy,Margie L.Rice,Thomas R.Saltarelli,Sal A.Sapien,George Scott, Sheldon S.Singer,William G.Steiner,Peer A.Swan,Charles E. Sylvia,Daniel T.Welch,Bob Zemel NOES:None ABSENT:Cecilia L.Age,Burnie Dunlap,Pat McGuigan,Glenn Parker, Julie Sa IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3, 5,6,7,11,13 and 14 of Orange County,California,this 26th day of July,1995. Penny Kyle,Se14~ryf Boards of Dire~~rs,~unty Sanitation Districts Nos. ,2,3,5,6,7,11,13 and 14 of Orange County,California J:\WPDOC\BS\FORMS\95\F1 2.81