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HomeMy WebLinkAboutR-2001-141 Management Employee Representative to the Employees’ Welfare Benefit ProgramRESOLUTION NO. R -2001 -1 -41- A -2001-141 A RESOLUTION: authorizing the City Manager and the City Clerk to execute amendments to the Employees' Welfare Benefit Program to provide for one elected voting management employee representative and two appointed representatives, one voting and one non-voting, for the City of Yakima as a municipal corporation and one non-voting AFSCME Transit representative. WHEREAS, the City desires an amendment to the Employees' Welfare Benefit Program to provide for one elected voting management employee representative and two appointed representatives, one voting and one non-voting, for the City of Yakima as a municipal corporation and to provide for one non- voting AFSCME Transit representative; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to amend the Employees' Welfare Benefit Board Program in accordance with the terms and conditions of the attached amendments, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached amendments to the Employees' Welfare Benefit Program to provide for one elected voting management employee representative and two appointed representatives, one voting and one non-voting, for the City of Yakima as a municipal corporation and to provide for one non-voting AFSCME Transit representative. The final Employees' Welfare Benefit Board Program document shall be approved as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 16th day of October 2001. ATTEST: City Clerk y Place, Mayor 12. "Plan" -- or "Employee Welfare Benefit Plan" or "Benefit Plan" -- any lawful employee welfare benefit plan including but not limited to medical, dental, vision, prescription drug, life insurance, disability income (salary insurance), preventative health care, and cafeteria plans. For each type of welfare benefit plan under the Program, there is a separate benefit plan for each Participating Employee Group (or subgroup thereof) which receives different benefits under the Plan or has different Contribution rates. Separate plans are established for each Participating Employee Group (or subgroup thereof) with different plan benefits or Contribution rates pursuant to Sections 105(h)(2) and (4) of the Internal Revenue Code of 1986. The initial Plans under the Program shall be substantially in the form attached hereto as Exhibit A, and may be amended from time to time. 13. "Plan Supervisor" -- the person or group providing administrative services to the City in connection with the operation of the Plan and performing such other functions, including processing and payment of claims, as may be delegated to it by the City. 14. "Program" -- City of Yakima Employees' Welfare Benefit Program. Article III The Board 1. The Program The Program shall be subject to ongoing review by the Board. The Board may make recommendations regarding Program and Plan management to the City. 2. Number of Board Members The Board may consist of both voting and nonvoting members ("Board Members"). Each Board Member must be a City employee. Upon termination of employment, the Board Member shall be replaced (See Section 4 3 in this Article). Effective December 1, 2001, the Board shall consist of ten (10) voting members: four (4) AFSCME representatives; two (2) IAFF representatives; two (2) YPPA representatives; one (1) City Management employee representative; and one (1) City municipal corporation representative. Each represented Participating Employee Group, shall appoint (except the Management employee group) or elect its representative (if any) to the Board. The Management employee group shall elect its B-PERSNU/September 26, 2001 representative to the Board The City municipal corporation representative shall be appointer) by the City Manager. In addition to the voting members of the Board, there shall be two (2) non-voting members: one (1) AFSCME Transit member, and one (1) City municipal corporation non-voting member appointed by the City Manager. The number of Board Members representing each Participating Employee Group and the City as a municipal corporation shall remain as set forth above in this Section 2 until the Board agrees to change the number of Board Members for each group. The Board shall meet annually to reassess whether the number of Board Members which represent each Participating Employee Group should be changed. If a new Employee Group is recognized by the City, the Board shall meet within 30 calendar days of recognition to determine the group's representation on the Board, if any, including the number of voting or non-voting Board Members that will represent the group and, if voting representations is allowed, whether the group will be allowed to elect ori appoint its own Board Member(s) or will be represented by current Board Members. B-PERSNU/September 26, 2001 43. Appointment of Additional or Successor Board Members In the event of the termination of appointment, resignation, termination of employment or death of a Board Member, a successor Board Member shall be appointed or elected by the represented Participating Employee Group, or appointed by the City Manager with respect to a Board member representing the City as a municipal corporation. i the event of the termination of e rl,.<,, ent of death of the City's Director of Finanee and Budget or DeptAy Per-sopme! Offleer-, his of her- sueeessoF nv designee shall assume the < eate,a Board position. Such appointment shall be effective as of the date specified in a written notice of the appointment or the date of delivery of the written notice to the Board Chairman, whichever is later. -54. Board Member Liability Each Board Member who has accepted his/her appointment and agrees to abide by the terms and provisions of this Program is carrying out his or her duties as a City employee and, as such, will be covered by the City's indemnification provisions as set forth in City Council Resolution No. D- 5820. The City may in its discretion provide errors and omissions or personal liability coverage for Board Members by purchasing insurance. 6.5. Term of Appointment Each Board Member shall serve until termination of appointment, resignation, termination of employment or death. -76. Termination of Appointment by Employee Group The appointment of a Board Member may be terminated, at any time, by their respective a Fepresei4ed Participating Employee Group in accordance with its election or appointment procedures or by the City Manager with respect to the Board members representing for- the City as a municipal corporation. n represented City M.,nagemefA Board rao„-,be fs The termination of a Board Member's appointment shall be effective upon the termination date specified in a written notice of termination or the date of delivery of the notice of termination to the Board Chairman, whichever is later. 97. Recommendation for Termination of Appointment for Failure to Attend Meetings B-PERSNU/September 26, 2001 The Board may recommend that the appointment of a Board Member be terminated if such Board Member fails to attend three (3) consecutive meetings of the Board, without being excused from attendance by specific action of the remaining Board Members. The notification is to be forwarded to the appropriate Participating Employee Group and the City. }10. Resignation of Appointment A Board Member may resign his/her appointment at any time. Such resignation shall be effective upon the resignation date specified in a written notice of resignation or the date of delivery of the notice of termination to the Board Chairman, whichever is later. 4749. Vacancies No vacancy in the position of Board Member shall impair the power of the remaining Board Members to take action so long as a quorum exists as specified. B-PERSNU/September 26, 2001 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 10/16/01 ITEM TITLE: Consideration of Legislation Amending the City of Yakima Employees' Welfare Benefit Program for the Representation of Management Employees SUBMITTED BY: Richard A. Zais, Jr., City Manager David Brush, Chair, Employee's Welfare Benefit Board CONTACT PERSON/ TELEPHONE: R.A. Zais, x6040 SUMMARY EXPLANATION: The attached legislation relating to the Employees' Welfare Benefit Program amends the voting representation to the Employees' Welfare Benefit Board, otherwise known as the "Insurance Board", for all management employees (non-union represented). Voting representation on the Insurance Board for both the management employees and the City of Yakima as a municipal corporation, has been provided by the classifications Finance Director and the Deputy Human Resources Manager or their designees since 1994. The management employees voted July 13, 2000 to amend the Employees' Welfare Benefit Program to provide for an elected management employee representative. The City Manager met with the Insurance Board at their March 2001 meeting to discuss the management representation issue. At the conclusion of that meeting, the City Manager indicated that a recommendation would be made to the management employees to amend the Program to provide two voting management representatives, one voting representative elected by the management employees and one voting representative appointed by the City Manager to represent the City of Yakima as a municipal corporation. Additionally, the recommendation included the ability of the City Manager to appoint a second, non-voting representative for the City of Yakima as a municipal corporation. The attached legislation was approved by the Insurance Board at their October 11, 2001 meeting as required by Article VIII, Amendments and Termination of the Employees' Welfare Benefit Program. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTALy City Manager STAFF RECOMMENDATION: Approve resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-141