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RES-11042 Part Time & Seasonal Employees AmendmentsRESOLUTION NO. 11042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT FOR PART -TIME AND SEASONAL EMPLOYEES OF THE CITY OF ORANGE EFFECTIVE JULY 1, 2017 THROUGH AND INCLUDING JUNE 30, 2018 AND REPEALING RESOLUTION NO. 10962 AND AMENDMENTS THERETO, FOR SAID EMPLOYEES. WHEREAS, the City Council of the City of Orange wishes to set forth the wages, hours and conditions of employment for July 1, 2017 through June 30, 2018 for the employees described herein; and WHEREAS, the City Council has consulted with the City Manager concerning the proposed employment terms contained herein. NOW, THEREFORE, BE IT RESOLVED that wages, hours and conditions of employment be adopted as follows: SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic compensation plan for all employees of the City of Orange who are now employed or will in the future be employed in any of the designated classifications listed in this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it shall be understood to include the feminine gender. The term "employee(s)" shall refer only to those employees covered by this Resolution. SECTION 2. SALARY AND WAGE SCHEDULES. Salaries effective December 24, 2017 for employees covered by this Resolution are listed in Appendix "A." SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. For all employees who have a regular weekly work schedule of 40 hours, the equivalent hourly rate of pay shall be the monthly rate times 12 divided by 2,080 annual hours. In determining the hourly rate as herein provided, compensation shall be made to the nearest' /2 cent. Employees may be considered for advancement to the next higher step upon completion of two thousand eighty (2,080) hours of service. SECTION 4. BEGINNING RATES. A new employee in Appendix "A" of the City shall be paid the rate shown in Step "A" in the range allocated to the class of employment for which he has been hired, except that on the request of the department head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed in Step "B ", "C ", or "D" if applicable, depending upon the employee's qualifications. SECTION 5. SERVICE. The word "service" as used in this Resolution, shall be defined to mean continuous, part-time service in an employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than 30 days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. An employee re- entering the service of the City shall be considered as a new employee, except that he may be re- employed within one year and placed in the same salary step in the appropriate compensation range as he was at the time of the termination of employment. Except that for Community Services employees, service shall be consecutive seasonal summer employment with the City in the Community Services Department. SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancements within ranges for employees in Appendix "A:" A. Merit Advancement. An employee may be considered for advancement through the salary range upon completion of the minimum length of service as specified in Section 3 above. Advancement through the salary range may be granted only for continuous, meritorious, and efficient service by the employee in the effective performance of the duties of his position. A merit increase shall become effective on the first day of the next pay period following the completion of the length of service required for such advancement, and shall require the following: 1) The department head in the department which the employee is employed shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. Disapproval from the Human Resources Director, together with the reasons therefore, shall be returned to the department head. 2) The recommendation of the department head, after approval of the Human Resources Director, shall be forwarded to the Payroll Division of the Finance Department for change of payroll status. B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of his duties, his department head may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Resolution. The Human Resources Director may, on the basis of a department head's recommendation, approve and effect such an advancement. C. Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to the next higher salary step, he may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in the above paragraph of this section. SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the department head with the approval of the Human Resources Director. Procedure for such reduction shall follow the same procedure as outlined for merit advancement in Section 6, and such employee may be considered for re- advancement under the same provisions as contained in subsection (A) of Section 6. OA SECTION 8. PROBATION. An employee scheduled in the duly adopted budget to work on an average of at least 20 hours per week on a year -round basis initially appointed or promoted to a class shall serve a probationary period during which time he shall have an opportunity to demonstrate suitability for the job. Employees scheduled 20 hours or more per week shall serve a probationary period of 26 consecutive pay periods. Under certain conditions, with approval of the Human Resources Director, the department head may extend the probationary period. The employee shall attain regular status in the class upon successful completion of the probationary period. An employee who does not satisfy the standards of the class during the probationary period shall be notified in writing and termination or demotion proceedings shall be initiated. All part-time employees scheduled in the budget to work 19 hours or less per week, probationary employees, and all seasonal employees are employed "At Will." The City reserves the right to terminate the employment relationship at any time, with or without cause, for "At -Will" employees. Initially appointed probationary, as well as all other "At -Will" employees, shall not be entitled to appeal termination. SECTION 9. PROMOTION. When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification. However, if such employee is already being paid at a rate equal to or higher than Step "A ", he may be placed in a step in that appropriate salary range as will grant him an increase of at least one (1), but no more than three (3) salary steps. SECTION 10. DEMOTION. When an employee is demoted to a position in a lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one step; and B. The new salary rate must be within the salary range for the classification to which demoted. SECTION 11. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary step in the new range as he previously held in the prior range, and shall retain credit for length of service acquired in such step toward advancement to the next higher step; provided, however: A. That if such retention shall result in the advancement of more than one step, the Human Resources Director may, at his discretion, at the time of reassignment, place the employee in a step which will result in an increase of only one step. B. That if the reassignment is to a lower compensation range, the "F" step of which shall be lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the new classification shall be reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range. C. That if the reassignment is to a lower compensation range, the "F" step of which is higher than the existing rate of pay of the employee, the employee shall be placed on that step of V the lower compensation range which is equivalent to the employee's existing rate of pay. If there is no equivalent rate of pay, the employee shall be placed on the next highest step. The employee shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. SECTION 12. WORKING OUT OF CLASS. The City may work employees out of classification for up to 14 consecutive working days without additional compensation. On the 15 consecutive working day the employee works out of classification and for each additional consecutive working day the employee works out of classification, he shall be paid additional compensation at the Step "A" of the class to which he is assigned, or 5% above the employee's regular salary, whichever is greater. To qualify for working out of class pay, the employee must be performing all of the significant duties of the higher level position and meet the minimum requirements of the higher level class. SECTION 13. OVERTIME /COMPENSATORY TIME. A. COMPENSATORY TIME. A benefited employee covered by this Resolution shall be entitled to compensatory time for all hours worked in excess of 40 hours within the employee's workweek. Compensatory time shall be accumulated at the rate of one - quarter hour of compensatory time for each one - quarter ( hour of overtime worked. B. PREMIUM (TIME AND ONE -HALF) OVERTIME. Only time actually worked (i.e., not holiday, vacation, sick leave, or compensatory time) over 40 hours in an FLSA work period shall be paid at the premium (time and one -half) rate either in the form of pay or compensatory time. FLSA exempt seasonal employees are not entitled to receive premium overtime compensation. C. COMPENSATORY TIME ACCUMULATION. Compensatory time shall be accumulated to the nearest one - quarter ( hour increment. Where an employee works less than one - quarter hour per day of overtime, the employee shall not receive compensatory time, and such time shall not count toward the computation of overtime. D. ELIGIBILITY. In order to be entitled to compensatory time, such compensatory time must be authorized by the department head or his authorized agent. E. MAXIMUM COMPENSATORY TIME ACCRUAL. An employee shall not be entitled to accumulate compensatory time in excess of 80 hours during any calendar year. Any accumulated compensatory time accrued in excess of 80 hours per calendar year shall be automatically paid on the first pay period of the new calendar year. F. USE OF COMPENSATORY TIME. a. Payment of Compensatory Time. Overtime shall be paid at the regular rate of pay or equal time off, when authorized by the department head. b. Payment Upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination or upon promotion into another bargaining unit. 11 SECTION 14. CALLBACK COMPENSATION. If benefited employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location, they shall be compensated in cash or as compensatory time off at the straight time rate for the actual hours of work with a minimum of two (2) hours callback compensation, regardless of whether the employee works less than two (2) hours. This provision shall be applicable to employees although the employee's regular workweek is not completed, but shall not apply to employees who are continuing on duty. SECTION 15. HOLIDAYS. A. HOLIDAY DESIGNATION. Benefited employees shall receive the following paid holidays, based upon proration of their hours if less than 40 per week: 1) January 1S (New Year's Day) 2) The third Monday in February (President's Day) 3) Last Monday in May (Memorial Day) 4) July 4th (Independence Day) 5) First Monday in September (Labor Day) 6) November 1 lth (Veteran's Day) 7) Fourth Thursday in November (Thanksgiving Day) 8) Fourth Friday in November (Day after Thanksgiving) 9) One -half day before Christmas, if December 24 falls on a Monday through Thursday Christmas Eve; 4.5 hours) 10) December 25 (Christmas Day) 11) A total of 9 hours of floating holiday time B. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the above holidays, except '/2 day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except 1 /z day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. Except that, when any of the above holidays falls on an employee's regularly scheduled day off, except one -half day before Christmas, 40 -hour benefited employees will be credited with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by June 30 of the same fiscal year in which it was accumulated or be forfeited. In addition, employees shall be entitled to receive payment for all accumulated holiday compensatory time upon their termination or upon promotion into another bargaining unit. C. ELIGIBILITY TO RECEIVE HOLIDAY PAY. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of an approved absence (e.g., sick leave, vacation, or compensatory time), the employee's regularly scheduled day before and regularly scheduled day after the holiday. Probationary benefited employees are provided with and are eligible to use floating holiday hours, according to the guidelines established in this Section, and/or with approval of the Human Resources Director. D. HOLIDAY DURING VACATION. Should one of the holidays listed above fall during an employee's vacation period while an employee is on an excused absence with pay, the E employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. E. FLOATING HOLIDAY. Notwithstanding the above, floating holiday hours shall be taken at the convenience of the City with approval of the department head or his duly authorized agent. For purposes of this benefit, employees will have credited one floating holiday as of January 1. This floating holiday shall be taken as time off from work no later than December 31 of the same year. The floating holiday is not accumulative and shall be forfeited should it not be taken during the year it was earned. Employees under this section who are promoted to another bargaining unit or who terminate their employment with the City prior to using the floating holiday shall receive cash reimbursement for said holiday. F. DOUBLE TIME PAY. All employees required to work on a holiday listed above, with the approval of their supervisor, shall receive double time pay for hours worked on the holiday, or time off equal to the number of hours the employee actually worked on the holiday. Employees who work in excess of their regular number of hours on a holiday listed above, shall receive double time pay for all such hours actually worked. Employees shall receive no other compensation whatsoever for working on a holiday. SECTION 16. VACATIONS. A. VACATION ACCRUAL. Benefited employees who have one year's continuous service, shall receive the following vacation hours per year, based upon proration of their hours if less than 40 per week: After Years Vacation Hours of Service Per Year 1 thru 4 80 5 thru 10 120 11 128 12 136 13 144 14 152 15 thru 24 160 25 or more 200 B. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of the City with the approval of the department head or his designee. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding 24 -month period may be accumulated with the permission of the department head and the Human Resources Director. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding 24 -month period. All vacation hours in excess of the equivalent number of hours earned in the immediately preceding 24 -month period not taken by the employee shall be forfeited. Probationary benefited employees accrue vacation, but may not use vacation until successful completion of an initial probation period, except in the event of a City Hall holiday closure, with approval of the Human Resources Director. 2 C. VACATION CONVERSION. An employee may convert up to 33% of his current annual vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 16(A) and may so convert once during the 2017/18 fiscal year and once during the 2018 /19 fiscal year. D. VACATION PAY -OUT UPON TERMINATION. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of 1 /12 of the employee's annual vacation pay for each full month of service. SECTION 17. PART -TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE RFNFFTTC A. Definitions. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per month or months per year of work. i. Regular part-time employees shall be those employees scheduled in the duly adopted budget to work 20 or more hours per week on a year -round basis (52 weeks minus approved leave). ii. Temporary part-time employees shall be those employees scheduled in the approved budget to work less than 20 hours per week on a year -round basis (52 weeks minus approved leave). iii. Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year -round basis regardless of hours worked per week. B. Entitlement to Fringe Benefits Upon Proration of Hours Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the budget to work to the normal 40 -hour week on an annual basis. The annual schedule for all part- time employees shall be the schedule that is included in the City's approved budget or a schedule that is designated by Management at the commencement of the employee's employment with the City. This formula of proration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, disability insurance contribution, and retirement contribution. C. Temporary and Seasonal Employees. Temporary and seasonal employees shall not be entitled to receive any fringe benefits provided for in this Resolution or in any resolution of the City, unless otherwise provided by Federal and/or State law. SECTION 18. LEAVES OF ABSENCE. A. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply: 1. After all available leave benefits, including vacation, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the department head for leave without pay. 7 No such leave will be considered absent a written application from the employee requesting leave. 2. If the department head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six 6) months following the date of expiration of all other allowable leave benefits. 3. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the FCML section below. During such leave in excess of five (5) working days, no seniority shall be accumulated. 4. Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City. The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave. 5. At the end of such leave, if the employee desires additional leave, written application must be made through the department head to the Human Resources Director at least ten 10) days before the end of the six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, he may approve such extension of the leave of absence for a period up to but not to exceed an additional six (6) months. 6. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has abandoned his employment with the City and shall be terminated. 7. An employee on leave of absence must give the City at least seven days' written notice of his intent to return to work prior to returning to work. 8. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and department head may be subject to termination. 9. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof. 10. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain her seniority rights. 11. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department. B. MILITARY LEAVE OF ABSENCE. If an employee is required to take military training two weeks or more each year, he shall be entitled to military leave of absence under the provisions of State law, found in Section 395- 395.02 of the Military and Veterans' Code. An employee must provide a copy of their military orders to the Human Resources Department to qualify for a military leave of absence. C. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated for regular part-time employees in accordance with the following: 1) For employees working a regular 40 -hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Probationary employees may use accrued sick leave during their probation period. 2) All non - benefited employees shall receive sick leave as required by State law. 3) Any employee eligible for sick leave with pay may use such leave for the following reasons: a) Medical and dental office appointments during work hours when authorized by the department head or his authorized agent; and /or b) Personal illness or physical incapacity resulting from causes beyond the employee's control; including pregnancy, childbirth and other medically related conditions. c) No employee shall be eligible or entitled to sick leave with pay for any illness or injury arising out of and in the course of City Employment. Instead, employees who incur a work - related injury or illness will be eligible to receive Workers' Compensation benefits according to the State of California's Department of Workers' Compensation regulations. d) Family Leave. In accordance with the California Family Leave Act, all benefited employees may use up to one -half of their annual sick leave accrual, per calendar year, for family leave purposes. 4) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided in Subsection C (2)(d) above. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one - quarter ( hour, while additional actual absence of over one - quarter ( hour shall be charged to the nearest one -half ('/2) hour. Sick leave shall only be used for the purposes stated and the department head shall be responsible for control of employee abuse of the sick leave privilege. Employees may, upon prior notice, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness. 5) Retirement from City Service and Entering the Public Employees' Retirement System. Upon retiring from City service and entering the Public Employees' Retirement System, an 9 employee shall receive no pay for the first 60 days of accrued sick leave (0 to 480 hours), but shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of accrued sick leave (481 to 720 hours), and 50% of all accrued sick leave thereafter (721 hours to 960 hours). 6) Death of an Employee. Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee. 7) Maximum Accumulation of Sick Leave. Notwithstanding any other provision herein, an employee who is initially hired after July 1, 1980 shall be allowed to accumulate and be credited with sick leave with pay only up to a maximum of 960 hours. Sick leave hours in excess of such maximum shall be forfeited. D. BEREAVEMENT LEAVE. Benefited employees shall be entitled to take up to three (3) days of paid bereavement leave per incident on the following terms and conditions: 1) Bereavement leave may only be used upon the death or critical illness where death appears to be imminent in the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent -in -law, brother -in -law, sister -in -law, grandparent, grandchild, aunt, uncle, spouse, child, brother, sister, or registered domestic partner of the employee regardless of residence. 2) Days of absence due to bereavement leave shall not exceed three (3) working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform his immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence. E. FAMILY CARE AND MEDICAL LEAVE (FCML) State and Federal laws require the City to provide family and medical care leave for eligible employees. Any provisions not set forth in the Employee Handbook are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 FMLA) and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director. 1) Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family Medical Leave; Medical Certification; Authorization for Payroll Deductions for Benefit Coverage Continuation During Family /Medical Care Leave; and Fitness - for -Duty to return from leave (if applicable). 10 SECTION 19. LIFE INSURANCE. The City shall contribute the full premium towards a $40,000 life insurance policy for each benefited employee. SECTION 20. LONG -TERM DISABILITY INSURANCE. The City shall contribute the full premium toward a long -term disability plan covering eligible benefited employees that pays 60% of salary after a 60 -day elimination period, up to a maximum benefit of $3,000 per month. SECTION 21. HEALTH BENEFITS. The City shall continue to contract with the Public Employees' Retirement System (PERS) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA). A. Retiree Premium Contribution. The City shall contribute toward the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible retiree annuitant of PERS, to the extent required by law, a contribution of $128.00 per month. Effective January 1, 2018 this shall be increased to $133.00 per month. B. Flexible Benefits Plan The City shall provide a Section 125 Flexible Benefits Plan for benefited employees and pay the following monthly amounts to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay, based upon proration of hours if less than 40 per week: January 1, 2017 710.00 1,085.00 1,310.00 January 1, 2018 785.00 1,160.00 1,385.00 C. The City Manager reserves the right to adjust the flexible benefits plan contributions for employees covered by this Resolution at any time during the life of this Resolution to reflect insurance contributions provided to employees in the Orange Municipal Employees' Association OMEA) unit. D. Any amounts in excess of the amounts designated in Section 21 B necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee. E. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member. F. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in the health plan, the employee must provide proof, as determined by the Human Resources Director, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect, eligible employees shall receive the single employee rate of $660.00 per month toward the Flexible Benefits Plan. Effective January 1, 2018, this amount increases to $785.00. 11 G. In the event that the employee loses eligibility (with documentation) then the employee may re- enroll in the PERS Health Benefits Plan pursuant to their rules and regulations. SECTION 22. RETIREMENT. A. PERS Retirement Formula — Tier 1. Effective June 29, 2003, the City provided the PERS 2.7% @ age 55 Retirement Program. This applies to all employees hired by the City prior to January 1, 2013. This also applies to new employees who are considered classic" members of Ca1PERS or current members of another California public retirement system with CalPERS reciprocity who are hired on or after January 1, 2013. Employees do not contribute any portion of their salary to PERS toward cost - sharing of the City's employer contribution rate. The City shall pay all remaining costs toward the retirement program for employees covered herein. B. PERS Retirement Formula — Tier 2. Employees hired on or after January 1, 2013, who thereupon become new members in PERS, shall be subject to the 2.0% @ age 62 retirement program pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA) and related statutory changes. In all other respects, employees hired by the City on and after January 1, 2013 shall be subject to the terms and requirements of PEPRA. New PERS members shall pay 50% of the normal cost of retirement. C. PERS Member Contribution. All benefited employees shall participate in the California Public Employees' Retirement System (Ca1PERS). Effective July 28, 2013, benefited employees who are considered "classic members" in PERS shall pay 8.0% of reportable salary, on a pre -tax basis, to PERS as their full member contribution. D. Non - Benefited Employees. All non - benefited employees not covered under the Public Employees' Retirement System shall participate in a defined contribution retirement plan in lieu of Social Security contributions. The City shall contribute 3.75% of the employee's eligible earnings toward the retirement plan. Non - benefited employees shall contribute 3.75% of their eligible earnings toward the retirement plan. E. 1959 PERS Survivor Benefit. The City shall pay fees and provide the 1959 PERS Survivor Benefit at the Third Level Option. SECTION 23. DIRECT DEPOSIT. All employees hired after January 1, 2017 must participate in the City's direct paycheck deposit program. SECTION 24. GRIEVANCE PROCEDURE. A. Definition of Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees concerning the interpretation or application of specific provisions of this Resolution of the Rules and Regulations governing personnel practices or working conditions of the City. Grievances shall not include disciplinary actions taken against "At -Will" employees. B. Business Dam Business days mean calendar days, exclusive of Saturdays, Sundays, and legal holidays recognized by the City. 12 C. Time Limits for Filiny, Written Formal Grievances. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure. D. Informal Grievance Process. An employee must first attempt to resolve a grievance on an informal basis by discussion with his immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than 10 business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Human Resources Director of the City, with a copy to the department head in which the employee works. Should the grievant fail to file a written grievance within 10 business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred and waived. E. Formal Grievance Process, Human Resources Director, Department Head. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the department head. The Human Resources Director and the department head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within 10 business days after receiving the grievance. F. Formal Grievance Process, City Manager. If the grievance is not resolved in E above, or if no answer has been received from the Human Resources Director and department head within 10 business days from the presentation of the written grievance to the Human Resources Director and department head, the written grievance shall be presented to the City Manager, or his duly authorized representative within ten (10) business days, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or his duly authorized representative, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within 10 business days after receiving the grievance. After this procedure is exhausted, the grievant and the City shall have rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by the employee and the supervisor to resolve the grievance at the informal step. 13 SECTION 25. TRAVEL EXPENSE ALLOWANCE, A. Mileaae Reimbursement. Expense claims for the use of private automobiles must be submitted pursuant to Finance Administrative Policy No. 4.13. Such use, if approved, will be reimbursed at the rate per mile allowed under the current IRS regulations. B. Out -of -Ci . Travel. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon his return, the City Manager may authorize advance payment of the estimated amount to the employee. C. Coach class airplane passage will be considered standard for out -of -town travel, where appropriate. D. Use of personal cars for out -of -City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use his personal car, he may be reimbursed mileage expense as long as the expenses do not exceed the amount of the cost of commercial transportation. The rate per mile allowed under the current IRS regulations may be approved for use of personal cars when City cars are not available E. Transportation and Expense Charges. Air, rail or public transportation used and expenses for local transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for conducting City business. 1) Expense will be allowed for adequate lodging. Hotel accommodations should be appropriate to the purpose of the trip. 2) Telephone and transmission charges will be allowed for official calls and transmissions. 3) Expenses for meals will be reimbursed according to Finance Administrative Policy No. 4.13. SECTION 26. EFFECTIVE DATES. This Resolution shall become effective on July 1, 2017 through June 30, 2018 unless otherwise amended. 14 ADOPTED this 14th day of November 2017. Teresa . Smith, Mayor, City of Orange ATTEST: Mary E. MprphPCity Clerk, Ci ange STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 14th day of November 2017, by the following vote: AYES: COUNCIL MEMBERS: Whitaker, Smith, Murphy, Nichols NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Alvarez ABSTAIN: COUNCIL MEMBERS: None Mary E y, City Cl range 15 APPENDIX " A " CITY OF ORANGE PART -TIME AND SEASONAL EMPLOYEES HOURLY RATES EFFECTIVE OCTOBER 30, 2016 NEW STEP STEP STE STEP P CLASSIFICATION TITLE Range A B C D Assistant Pool Manager 397 14.90 15.66 N/A N/A Assistant Recreation Services Coordinator 427 17.31 18.19 19.12 N/A Engineering Intern 364 12.64 13.29 13.96 N/A Lifeguard/Swim Instructor 377 13.49 14.18 N/A N/A Management Intern 348 11.67 12.27 12.89 N/A Parking Control Officer I 387 14.18 14.90 15.66 16.46 Parks and Facilities Attendant 361 12.46 13.09 13.75 N/A Parks Maintenance Helper 337 11.05 11.61 12.20 N/A Police Academy Trainee 507 4,471 Monthly Police Cadet I 327 10.51 11.05 11.61 N/A Police Cadet II 347 11.61 12.21 12.83 N/A Police Reserve Officer 1 453 19.70 20.71 21.77 N/A Police Reserve Officer II 413 16.14 16.96 17.83 N/A Police Reserve Officer III 393 14.61 15.35 16.14 N/A Pool Manager 417 16.47 17.31 18.19 N/A Recreation Services Activity Specialist 417 16.47 17.31 18.19 N/A Recreation Services Leader 1 327 10.51 11.05 N/A N/A Recreation Services Leader II 347 11.61 12.21 N/A N/A Recreation Services Leader III 367 12.83 13.49 14.18 N/A School Crossing Guard 327 10.51 11.05 11.61 N/A School Crossing Guard Supv 367 12.83 13.49 14.18 N/A Swimming Attendant 327 10.51 11.05 N/A N/A Note: The above salary ranges reflect a 2.0% Across the Board increase with salary adjustments ranging from 1.0 -8.5% for impacted classifications to comply with the State Minimum Wage Increase effective January 1, 2016 16 CITY OF ORANGE PART -TIME AND SEASONAL EMPLOYEES HOURLY RATES Continued) EFFECTIVE DECEMBER 24, 2017 NEW STEP STEP STEP STEP CLASSIFICATION TITLE Range A B C D Assistant Pool Manager 406 15.59 16.38 N/A N/A Assistant Recreation Services Coordinator 436 18.10 19.03 20.00 N/A Engineering Intern 364 12.64 13.29 13.96 N/A Lifeguard/Swim Instructor 386 14.11 14.46 N/A N/A Management Intern 348 11.67 12.27 12.89 N/A Parking Control Officer I 387 14.18 14.90 15.66 16.46 Parks and Facilities Attendant 361 12.46 13.09 13.75 N/A Parks Maintenance Helper 337 11.05 11.61 12.20 N/A Police Academy Trainee 507 4,471 Monthly Police Cadet I 336 11.00 11.56 12.14 N/A Police Cadet II 356 12.14 12.77 13.42 N/A Police Reserve Officer 1 453 19.70 20.71 21.77 N/A Police Reserve Officer 1I 413 16.14 16.96 17.83 N/A Police Reserve Officer III 393 14.61 15.35 16.14 N/A Pool Manager 426 17.22 18.10 19.02 N/A Recreation Services Activity Specialist 426 17.22 18.10 19.02 N/A Recreation Services Leader I 336 11.00 11.56 N/A N/A Recreation Services Leader II 356 12.14 12.77 N/A N/A Recreation Services Leader III 376 13.42 14.11 14.83 N/A School Crossing Guard 336 11.00 11.56 12.14 N/A School Crossing Guard Supv 376 13.42 14.11 14.83 N/A Swimming Attendant 336 11.00 11.56 N/A N/A Note: The above salary ranges reflect a 4.5% salary adjustment for classifications impacted by the State Minimum Wage increase effective January 1, 2018 and protect against salary compaction between classifications. 17