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Home My WebLink AboutCSDOC Resolution 1998 - 0008RESOLUTION NO.98-08 REPEALING RESOLUTION NO.95-81 (DEFERRED COMPENSATION PROGRAM) AMENDING RESOLUTION NO.97-36 (HUMAN RESOURCES POLICIES AND PROCEDURES 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, REPEALING RESOLUTION NO.95-81 RE AMENDED DEFERRED COMPENSATION PROGRAM FOR EXECUTIVE MANAGEMENT GROUP EMPLOYEES AND MANAGEMENT,PROFESSIONAL SUPERVISORY EMPLOYEES,AND AMENDING RESOLUTION NO.96-36 AMENDING THE DISTRICTS’HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL A A A A A ££AAL A A A A A £A £ALA 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 FIND and DETERMINE: A.In conjunction with Districts’Deferred Compensation Plan,the Districts, by Resolutions Nos.76-19,84-132,86-29,87-113,and 95-81,adopted by the Boards of Directors on January 14,1976,July 11,1984,February 13,1986,August 8,1987, and July 26,1995,respectively,have previously approved,a Deferred Compensation Program (the “Program”)as a portion of their employees’comprehensive compensation package of benefits,with specific financial compensation contributions to the credit of the individual deferred compensation accounts of employees within the Executive Management,Management,Professional and Supervisory Employees of Districts;and, 2092-700 60902_I I B.Districts’adopted Program providing for the payment to individual employees on a matching and non-matching basis,has,at all times,been determined by Districts to be a component part of the total compensation earnable and paid to those eligible Districts’employees;and, C.At all times since the adoption of the Program,Districts have,for accounting and payroll purposes,added the matching and non-matching funds payable to the individual employee’s deferred compensation account to the base salary of the employee,and thereafter,deducted the matching and non-matching funds from the individual’s bi-weekly payroll;and, 0.In accordance with Districts’determination,Districts have,at all times, reported the amount of contributions made by Districts,including both matching and non-matching funds (“matching and non-matching funds”),to the Orange County Employees Retirement System (“OCERS”),and have paid to OCERS the full amount of all required employer and employee retirement fund contributions,which funds have been recognized and accepted by OCERS resulting in a fully-funded status for all compensation amounts reported;and, E.A decision of the California Supreme Court in the case of Ventura County Deputy Sheriffs’Assn.v.Board of Retirement has ruled that in the absence of specific statutory authorization within the County Employees Retirement Law of 1937 (“CERL”), California Government Code Sections 31450 et seq.,contributions by an employer member agency to an individual employee’s Deferred Compensation Plan Account are not to be included in the amount of compensation upon which retirement benefits shall 2092-700 60902_I 2 be determined for retired employees;and, F.The Board of Retirement of OCERS has determined that Districts have deducted from the employee’s/member’s wages the amounts contributed to the employee per the Program thus can be considered remuneration paid in cash,and therefore compensation as defined in CERL.However,the Board of Retirement of OCERS has also determined that Districts’contribution to the employee’s deferred compensation account is made solely because of an employee election to defer payment of said compensation,and the employee has no discretion to obtain and utilize those funds for other individual purposes,thus failing to meet the requirements of CERL,as set forth by the California Supreme Court;and, G.The Boards of Directors have determined that they do not wish to cause a financial loss to any Districts’employee,whether retired,or active,by removing or diminishing any amounts of compensation or benefits to which the retiree or employee has obtained a vested right and interest;and, H.The Boards of Directors have determined that to avoid possible legal challenges,the interests of Districts and their employees can be protected without loss to the employee or cost to Districts by terminating the existing Program and substituting therefor the payment to the employees of the same amount of money that had been paid to them pursuant to the Program by means of increasing the base salary and allowing for voluntary determination by the individual employee of the amount the employee wishes to defer;and, 2092-700 609021 3 I.All amounts paid to current individual employees as “Districts’Matching Funds Contributions”or “Districts Non-Matching Funds Contributions”at any time since the inception of the Program to the present date are determined and reaffirmed as being a part of total compensation earnable by the individual employee,with the intention that said amounts would be included in the total compensation upon which retirement benefits for the employees would be determined. 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 Resolution No.95-81 establishing the Amended Deferred Compensation Program for Executive Management Group Employees and Management,Professional and Supervisory Employees,is hereby repealed. Section 2 Resolution No.97-36 re Human Resources Policies and Procedures is hereby amended by amending Policy No.Cl 50.00 as follows: “Policy No.C150.00 is hereby amended by repealing Section 7.1”. Section 3 Resolution No.97-36 re Human Resources Policies and Procedures is hereby amended by amending Policy No.Cl 0.00 as follows: Policy No.C10.00 is hereby amended to read: “Section 4.8 is added to read: “Section 4.8.The established salary ranges set forth on Exhibit A for Executive Management,Management, 2092-700 60902_I 4 Supervisory and Professional Employees shall be adjusted and increased by a percentage equal to the actual amounts contributed by Districts to individual employees in each of those classifications,as of the date of this Resolution,as matching and non-matching portions of deferred compensation pursuant to the adopted Deferred Compensation Program,which Program is concurrently being repealed by this Resolution.This amendment is necessary to comply with the decision of the California Supreme Court and the Board of Retirement of Orange County Retirement System to discontinue the allowing of the deferred compensation amounts contributed by employers to be reported as compensation earnable for retirement purposes.The adjusted ranges set forth on amended Exhibit “A”insure that all employees within the classification are authorized to receive pay in the same total amounts as presently provided.” Section 4 Resolution No.97-36 re Human Resources Policies and Procedures is hereby amended by substituting Exhibit “A”dated April 22,1998 and is hereby approved. Section 5 From and after the date of adoption of this Resolution,all salary paid in accordance with the increases provided for herein to individuals in the 2092-700 60902_i 5 Executive Management Group,Management,Supervisory and Professional Employees,shall vest upon payment.All amounts described in Resolution No.95-81, as “Districts’Matching Funds Contributions”,or “Districts’Non-Matching Funds Contributions”,that have been previously deposited into the respective individual’s deferred compensation account of current employees of Districts,shall be deemed vested as of the date of adoption of this Resolution.Nothing in this Resolution shall be deemed to reinstate “Districts’Matching Funds Contributions”or “Districts’Non Matching Funds Contributions”of former employees of Districts whose unvested deferred compensation account benefits contributed by Districts were forfeited on termination of employment with Districts. PASSED AND ADOPTED at a regular meeting held April 22,1998. 2092-700 60902_I 6 clsrange 4/2198 Classifications By Pay Range Executive Management Pay Range Minimum Maximum Classifications E27 12,190 12,190 General Manager E20 7,500 10,600 Assistant General Manager of Operations E19 6,834 10,874 Director of Engineering E19 6,834 10,874 Director of Operations &Maintenance E19 6,834 10,874 Director of General Services Administration E19 6,834 10,874 Director of Technical Services E18 6,741 10,831 Director of Finance E17 5,948 9,460 Director of Information Technology E17 5,948 9,460 Director of Human Resources E9 4,328 6,495 Director of Communications dsrange 4/2198 Classifications By Pay Range Management Pay Range Minimum Maximum Classifications --- E16 6,090 8,953 Construction Manager E16 6,090 8,953 Engineering Manager E16 6,090 8,953 Environmental Compliance &Monitoring Manager E16 6,090 8,953 Laboratory Manager E16 6,090 8,953 Source Control Manager E15 5,798 8,529 Controller E15 5,798 8,529 Financial Manager E15 5,798 8,529 Plant Automation Manager E14 5,517 8,120 Chief Scientist E13 5,262 7,740 Accounting Manager El 3 5,262 7,740 Chief Operator E13 5,262 7,740 Safety/Emergency Response Manager E12 5,013 7,376 Maintenance Manager E12 5,013 7,376 Operations Manager E12 5,013 7,376 Contracts &Purchasing Manager E12 5,013 7,376 Senior Regulatory Specialist ElO 4,535 6,681 Secretary to the Boards of Directors ElO 4,535 6,681 Training Manager E9 4,328 6,495 Human Resources Manager asrange 4/2/98 Classifications By Pay Range Professional Pay Range Minimum Maximum Classifications -- Eli 4,769 7,017 Engineer E9 4,328 6,495 Principal Administrative Analyst E9 4,328 6,495 Principal Engineering Associate E9 4,328 6,495 Project Specialist E9 4,328 6,495 Regulatory Specialist E9 4,328 6,495 Scientist E8 4,116 6,057 Associate Engineer Ill E8 4,116 6,057 Principal Environmental Specialist E7 3,925 5,776 Programmer Analyst E7 3,925 5,776 Computer Hardware Specialist E7 3,925 5,776 Telecommunications Specialist E6 3,735 5,441 Senior Human Resources Analyst E6 3,735 5,441 Principal Laboratory &Research Analyst E6 3,735 5,441 Senior Administrative Analyst E5 3,559 5,235 Associate Engineer II E5 3,559 5,235 Senior Accountant E5 3,559 5,235 Senior Financial Analyst E4 3,390 4,993 Safety Representative E4 3,390 4,993 Programmer E4 3,390 4,993 Senior Buyer E3 3,225 4,704 Associate Engineer I E2 3,077 4,481 Human Resources Analyst El 2,923 4,272 Accountant El 2,923 4,272 Buyer El 2,923 4,272 Financial Analyst El 2,923 4,272 Management Analyst cisrango 4/2198 Classifications By Pay Range Supervisory Pay Range Minimum Maximum Classifications Ei4 5,517 8,120 Engineering Supervisor E13 5,262 7,740 Environmental Management Supervisor E13 5,262 7,740 Senior Engineer E12 5,013 7,376 Compliance Supervisor E12 5,013 7,376 Laboratory Supervisor E12 5,013 7,376 Senior Scientist Eli 4,769 7,017 Senior Operations Supervisor Eli 4,769 7,017 Information Technology Supervisor E9 4,328 6,754 Maintenance Supervisor E9 4,328 6,754 Operations Supervisor E9 4,328 6,754 Principal Accountant E9 4,328 6,754 Principal Financial Analyst E9 4,328 6,754 Source Control Supervisor E9 4,328 6,754 Supervising Construction Inspector E8 4,116 6,057 Training Supervisor E7 3,925 5,776 Foreman E7 3,925 5,776 Maintenance Planner E7 3,925 5,776 Contracts &Purchasing Supervisor E5 3,559 5,235 Supervising Source Control Inspector E4 3,390 4,993 Warehouse Supervisor cisrange 4/2/98 Classifications By Pay Range Confidential Pay Range Minimum Maximum Classifications 1027 3,443 4,286 Executive Assistant II 1012 3,150 3,922 Executive Assistant I 1012 3,150 3,922 Human Resources Assistant STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,PENNY KYLE,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,6,7,11 and 14 of Orange County,California,do hereby certify that the foregoing Resolution No.98-08 was passed and adopted at a regular meeting of said Boards on the 22nd day of April,1998,by the following vote,to wit: AYES:Steve Anderson;Bruce Broadwater;George Brown;Barry Denes; Shirley Dettloff;Brian Donahue;Burnie Dunlap;Norman Z. Eckenrode;James M.Ferryman;Barry Hammond;Tim Keenan; Mark Leyes;Patsy Marshall;Darryl G.Miller;Eva Minor-Bradford; Mark A.Murphy;Margie Rice;Thomas R.Saltarelli;Charles E. Sylvia;Tom Thomson; NOES:Dave Sullivan ABSENT:Don Bankhead;John M.Gullixson;Pat McGuigan;Todd Spitzer; William G.Steiner;Bob Zemel ABSTENTIONS:John Collins IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.I on behalf of itself and Districts Nos.2,3,6,7, 11 and 14 of Orange County,California,this 22nd day of April,1998. Penny Kyle,~ecretary~/ Boards of Directors,~àunty Sanitation Districts Nos.1,2,3,6,7,11 and 14 of Orange County,California \\rado&datal \wp.dta\admln\BS\FORMS\1 998\F1 2.08.doc