ATTACHMENT A

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CERTAIN SECTIONS OF EXHIBIT 1 ATTACHED TO RESOLUTION NO. 131-04, THE CITY'S SALARY RESOLUTION FOR FISCAL YEAR 2004-2005

WHEREAS, the City Council is desirous of updating the City's Salary Resolution to incorporate staff recommendations which modify the existing Management/Confidential Leave Program and incorporate updates and revisions that have occurred since the City's Salary Resolution was adopted July 20, 2004, for fiscal year 2004-2005, including the adoption of a Memorandum of Understanding (MOU) between the City and the Sunnyvale Employees Association (SEA) effective July 1, 2004 through June 30, 2008;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT Exhibit 1 to Resolution No. 131-04, the City's Salary Resolution for Fiscal year 2004-2005, is hereby amended in pertinent part, as follows:

1.     Section 3.020 is amended as follows:

       3.020.    LEAVE BENEFITS. TO WHOM APPLICABLE.  Except as otherwise provided for herein, leave benefits are applicable to employees in Pay Plan Categories A, B, C, D/E, F, G, K and L.

          2.      Section 3.100(a) is amended as follows:

       3.100.    PAID TIME OFF LEAVE (PTO).  MANAGEMENT.

       (a)        Employees in Categories D/E, F, and K are eligible to accrue and use Paid Time Off Leave (PTO).  Such leave shall be used for vacation, medical appointment, disability/illness, family emergency, and may also be used for personal business, care of sick children or other family members, school visits, etc.  Leaves not included in PTO which remain separate leaves are bereavement, jury duty, military duty, management administrative leave, workers’ compensation, floating holiday, holiday, and in-lieu of holiday for designated Public Safety Captains.

3.     Section 3.100 is amended to add the following subparagraph (m) as follows:

       (m)                 Employees in Categories D/E, F and K will have the option to cash-out up to 80 hours of PTO once at the end of each calendar year.  This cash-out will be allowed as long as the employee maintains a balance of 80 hours in his/her bank.  If the employee elects this option, the minimum number of hours that may be cashed-out is 8.

4.     Section 3.110 is amended to add the following subparagraph (i) as follows:

       (i)         Employees in Category G will have the option to cash-out up to 80 hours of PTO once at the end of each calendar year.  This cash-out will be allowed as long as the employee maintains a balance of 80 hours in his/her bank.  If the employee elects this option, the minimum number of hours that may be cashed-out is 8.

5.     Section 3.200 is amended as follows:

       3.200.    BEREAVEMENT LEAVE.  Employees in Categories A, B, C and L are entitled to bereavement leave as detailed in the applicable MOU or MOA.

       Employees in Categories D/E, F, G and K are entitled to bereavement leave where death has occurred to an employee's spouse or registered domestic partner, father, mother, son, daughter, brother, sister, grandparents or grandchildren, or to the father, mother, son, daughter, brother, sister or grandparents or grandchildren of an employee's spouse or registered domestic partner.  Employees in Categories D/E, F, G and K shall be entitled to bereavement leave in an amount not to exceed forty (40) work hours per eligible incident immediately upon employment. 

6.     Section 3.320 is amended as follows:

       3.320.    SPECIAL SCHEDULE.  HOLIDAY LEAVE.  Holiday leave for employees on a Special Schedule is paid in accordance with policies set forth in the Special Schedule Agreement, applicable MOU, or in the Administrative Policy Manual as the same exists or is amended hereafter.

7.     Subsection (d) of Section 3.550 MILITARY RESERVISTS: EXTENSION OF BENEFITS AND SUPPLEMENTAL SALARY is amended to read as follows:

       (d)      Through June 30, 2005, all employees receiving the benefits and supplemental salary under this section will be eligible to remain covered under their current retirement, medical, dental, employee assistance and vision plans for eligible employees for an additional period of 23 months (52 total pay periods) after the initial 30 days' military leave are exhausted.  The City will provide eligible employees, along with the supplementary salary, the amount that the City currently contributes toward the benefits plans.  If the employee is currently paying a deduction toward these plans, the employee will continue to make those payments.  Compensation and benefits shall be in accordance with provisions as approved by City Council.

8.     Section 3.810 is amended as follows:

       3.810.    VACATION LEAVE.  ACCUMULATION.  USE.  For employees in Categories A, B and C, vacation leave shall be accrued in accordance with the applicable MOU.  Vacation leave shall be used in accordance with procedural limitations set forth in the applicable MOU or in the Administrative Policy Manual as the same now exists or is hereafter amended.

       For employees in Categories H and I, hired prior to August 30, 1992, vacation leave may be accumulated up to 50 hours.  Accumulated leave time unused at the end of the payroll calendar year will be paid at the employee's current pay rate on one of the last paychecks of the payroll calendar year.  Employees in these categories who have accumulated 50 hours of vacation leave at any time shall not accrue additional vacation leave or be compensated for any unused vacation leave in excess of 50 hours.

       Accrued vacation leave for all categories of employees shall be paid off to the employee on the employee’s last day of work and will be included in the employee's final paycheck.  The City Manager may, however, approve the utilization of available accrued vacation to extend the date of retirement, and in special circumstances, the date of separation.

9.     Section 3.900 is amended to add a paragraph as follows:

       3.900.    MANAGEMENT ADMINISTRATIVE LEAVE.  Management administrative leave not to exceed 24.0 hours in a payroll calendar year is authorized for employees in Categories D/E, F and K after completion of the initial six months of employment in one of the relevant categories, subject to the supervisor's approval and to the additional provisions defined by administrative policy.  Provisionally appointed managers not previously holding a regular management position are ineligible for management administrative leave.

       In addition, up to 36 more hours of administrative leave (for a total not to exceed 60 hours in a payroll calendar year) may be authorized for eligible management employees at the sole discretion of the City Manager or Department Director, in accordance with the terms of the Administrative Policy Manual.

10.   Section 3.950 is amended as follows:

       3.950.    EMPLOYEE EMERGENCY LEAVE RELIEF FUND.  The Employee Emergency Leave Relief Fund is a program that allows any City employee who has leave hours accrued, the opportunity to donate a portion of his/her accrued leave to benefit another employee needing paid emergency leave.  To benefit from this fund, the receiving employee must be eligible to accrue City paid leave time, must have used all available accrued leave and must have a personal emergency that requires the employee to be on leave from work responsibilities to attend to the emergency.  The employee must request in writing to the City Manager that this Employee Relief Fund be enacted. The City Manager will have administrative authority to accept or reject the employee's request.  The City Manager will also have the administrative authority in defining all procedures to be followed in setting up and utilizing this fund.

11.   Subsections (b) and (c) of Sections 5.740 PERS CONTRIBUTION are amended as follows:

       (b)        For employees in Category C and employees holding the positions of Director of Public Safety, Deputy Chief, Public Safety Captain, and Safety members in Category B, the City shall continue to contribute to PERS nine percent (9%) of the employees' salary toward the employee's normal contribution to PERS.  In addition, the City shall continue to contribute to PERS a total of two and one-quarter percent (2.25%) of the employee's salary to fund the cost of the single highest year retirement benefit.  Further, for these employees, the City will report the value of the Employer Paid Member Contribution (EPMC) of nine percent (9%) as additional compensation.

       (c)        For employees in Categories D/E, F (except employees holding the positions of Director of Public Safety, Deputy Chief, Public Safety Captain, Category K, and for the Mayor and members of the City Council who elect to join PERS, the City shall continue to contribute seven percent (7.0%) of the employee's salary toward the normal contribution to PERS.  In addition, for these employees, the City will report the value of Employer Paid Member Contribution (EPMC) of seven percent (7%) as additional compensation.

Adopted by the City Council of the City of Sunnyvale at a regular meeting held on March 1, 2005, by the following vote:

(SEAL)