RES-10294 Executive Directors & Top Management ClassificationsRESOLUTION NO. 10294
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RELATING TO THE
CLASSIFICATION, COMPENSATION, AND TERMS
OF EMPLOYMENT OF EXECUTIVE DIRECTORS
AND TOP MANAGEMENT EMPLOYEES, AND
REPEALING RESOLUTION NO. 10177 AND
AMENDMENTS THERETO.
WHEREAS, the employees covered by this resolution constitute management personnel; and
WHEREAS, the City Council has consulted with the City Manager and Personnel Director
concerning the proposed employment terms contained herein; and
WHEREAS, the City Council has determined that this resolution shall set forth the wages,
hours, and conditions of employment for the period of March 1, 2008 through February 28, 2009 for
those management employees covered herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
authorizes staff to adjust the Fiscal Year 2007/08 budget to reflect the changes approved in this
resolution, and that the wages, hours, and conditions of employment for the period of March 1, 2008
through February 28, 2009 be adopted and set forth as follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic
compensation plan for all executive directors and top management employees of the City of Orange who
are now employed, or will in the future be employed in any of the classifications of employment 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. Whenever the term department head is used, it shall
be understood to include the City Manager when the personnel action affects a department head.
SECTION 2. SALARY AND WAGE SCHEDULE. The monthly salaries for employees
covered by this Resolution are hereby incorporated, and listed in Exhibits A and B.
The attached salary and wage schedules shall constitute the basic compensation plan consisting of
six steps or rates of pay in each range.
The City Manager reserves the right to grant an additional salary increase of up to 5.0% for any
classifications described herein in Exhibits A or B effective at any time on or after August 17, 2008.
Any such increases shall not exceed a total cost of 1 % of payroll for Top Management employees.
The respective ranges shall be identified by number and the steps by the letters A to F inclusive. The
minimum length of service required for advancement to the next higher step, is provided in Section 5
and 6.
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The
compensation ranges and steps contained in the attached salary schedule are monthly compensation
rates.
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For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate
multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be
calculated to the nearest one-half (~)
cent.Part-time employees who are scheduled to work an average of at least 20 hours per week on
a year-round basis may be considered for advancement to the next higher step upon completion of
2080 hours
of employment.SECTION 4. BEGINNING RATES. A new employee 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 Personnel Director, such employee may be placed in Step B through F depending
upon the employee'
s qualifications.SECTION 5. SERVICE. The word service, as used in this Resolution, shall be
defined to mean continuous, full-time service in the 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. Such employee re-entering
the service of the City shall be considered as a new employee, except that he may, at the discretion of
the City, 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.SECTION 6. ADVANCEMENT WITHIN SCHEDULE.
The following regulations shall govern
salary advancements within ranges:A. Merit Advancement. An employee may be considered
for advancement through the applicable salary range upon completion of the minimum length of service. The
effective date of such merit increase, if granted, shall be the first day of the next pay period following
the completion of the length of service required for such advancement. Advancement through the
salary ranges steps A through F may be granted only for continuous, meritorious, and
efficient service, and continued improvement by the employee in the effective performance of the duties of
his position. Such merit advancement
shall require the following:1) The department head shall file with the Personnel Director a
Personnel Action Form and a completed performance evaluation recommending the granting or
denial of the merit increase and supporting such recommendation
with specific reasons therefore.Disapproval from the Personnel Director, together with the
reasons therefore, shall be returned
to the department head.2) The recommendation of the department head and the approval
of the Personnel Director shall be forwarded to the Payroll Division of Finance for
change of payroll status.3) Advancements through the pay ranges Step A through Step F, shall
occur, if
granted, in yearly increments.4) A lapse of service of 30 continuous calendar days or more for any
reason shall extend the due date for the merit performance evaluation by an equal
number
B. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, the department head may recommend to the Personnel
Director that the employee be advanced to a higher pay step without regard to the minimum length of
service requirements contained in this Resolution. The Personnel 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 Section 6.A. above.
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 Personnel Director. Such reduction shall take place only after
the employee has been notified of the reasons and has had an opportunity to respond. Procedure for
such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and
such employee may be considered for re-advancement under the same provisions as contained
in Subsection C of Section
6.SECTION 8. SPECIAL
ASSIGNMENTS.A. Telephone/City Attorney Assignment. Effective July 1, 1996, the employee assigned
the responsibility of maintaining the Citywide telephone system may receive up to $100 per month
bonus based on criteria established by the Personnel Director. In addition, effective July 1, 2005,
the Administrative Secretary assigned to the City Attorney will receive an additional $100 per month
bonus pay, at the discretion of the City
Attorney.B. Bilingual Assignment. Employees covered by this Resolution may be assigned by
the department head, with approval of the Personnel Director, to a bilingual assignment. Employees
on bilingual assignment shall receive an additional $140.00 per month, per employee, in addition to
their regular monthly salary, for the duration of the assignment. Employees receiving Bilingual
Assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis
as determined by the Personnel Services
Department.SECTION 9. INCENTIVE PAY PLAN. The City Manager may, for the employees
covered by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at
his full
discretion.SECTION 10. PROMOTION. When an employee is promoted to a position in a
higher classification, he may be assigned to the step in the new salary range which provides for at least a
five percent (5%) increase. With the approval of the department head and Personnel Director, the
employee may be placed in the step in the new salary range as will grant him an increase of at least one, but
not more than three salary
steps.SECTION 11. 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.
B. The new salary rate must be within the salary range for the classification to which the employee
was demoted.
SECTION 12. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is
employed in a classification which is assigned to a different pay range shall be retained in the same
salary step in the new range as he has previously held in the prior range, and shall retain credit for length
of service in such step toward advancement to the next higher step; provided, however:
A. That if such retention results in the advancement of more than one step, the Personnel
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 is 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 position is 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, the employee shall be placed in that step of the lower compensation range which
is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired
in such step toward advancement to the next higher step. If there is no equivalent step, the employee
shall be placed in the step which is closest to, but not less than, his current salary step.
SECTION 13. AT-WILL STATUS. Department heads and the Assistant City Manager,
other than the City Attorney, serve at the pleasure of the City Manager, and consideration for
advancement,reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager and
in accordance with the Orange Municipal Code. In addition, all employees covered by the Resolution
are employed at-will and serve in accordance with Title 2 of the Orange
Municipal Code.SECTION 14. CITY MANAGER AND CITY ATTORNEY. Except as amended by
a written instrument formally approved by the City Council, the compensation and terms of employment
of the City Manager and City Attorney shall be as set
forth herein.SECTION 15. ADMINISTRATIVE LEAVE. Employees covered by this
Resolution are exempt from Fair Labor Standards Act overtime provisions as executive,
administrative, and professional employees. This Resolution establishes a pay system which provides
all covered employees with sick leave and other leave which covered employees use for purposes
of public accountability. However, the City will provide paid administrative leave
as follows:A. Regular full-time employees identified in Exhibit A shall accrue 63
hours of administrative leave annually
for continuous service;B. Regular full-time employees identified in Exhibit B shall accrue
54 hours of administrative leave
annually for continuous service;C. Employees hired after January 151 of each year shall receive a
prorated portion of the administrative leave during their first
calendar
D. The minimum charge to the employee's administrative leave account shall be one-quarter (1;
4)hour, while additional actual absence of over one-quarter (1;4) hour shall be charged to the
nearest one-
half (~) hour;E. U sage of administrative leave shall be at the convenience of the City with the approval
of the respective department head or
City Manager;F. All administrative leave shall be accrued at the beginning of the pay period
which includes January 15t of each
year; and G. Administrative leave not used by December 315t in the calendar year in which it
is accrued shall be forfeited and shall not be paid upon separation of employment with
the City.SECTION 16. HOLIDAYS. Employees covered by this Resolution shall receive
the following paid nine (9)-hour holidays, except as provided
in #9:1) January 15t (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 11 th (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 24th Falls on a
Monday through Thursday Christmas Eve;
4.5 hours)10) December
25th (Christmas Day)A. Floating Holidays. In addition to the above, employees will have credited to
their paid leave balance 22.5 floating holiday hours beginning January 15t of each year. Employees
hired after January 15t of each year shall receive a prorated portion of the 22.5 floating holiday hours
during their first calendar year of employment. All floating holiday hours shall be taken as time off from
work no later than December 315t of the year in which such hours are earned or otherwise shall
be forfeited. The floating holiday hours shall be taken at the convenience of the City with the approval
of the City Manager or the department head. Employees under this section who terminate
their employment with the City prior to using the floating holiday hours shall receive cash reimbursement
for all remaining
floating holiday hours.B. Holidays on Certain Days of the Week. In the event any of
the above holidays,except one-half 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 one-half day before Christmas, the preceding Friday will be taken in lieu of the actual
date on which the holiday falls. When any of the above holidays falls on an employee's regularly
scheduled day off during the week, except one-half day before Christmas, employees will be credited
with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be
used by the employee by the second (2nd) pay period ending in January of the year following the
year
in which it was accumulated.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 a
lawful
regularly scheduled day before and regularly scheduled day after the holiday. Newly hired employees
are provided with and are eligible to use floating holiday and fixed holiday hours, according to the
guidelines established in this Section, and/or with approval of the Personnel Director.
D. Holidays During Vacation. Should one of the holidays listed above fall during an employee's
vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay
and no charge shall be made against the employee's accumulated vacation.
SECTION 17. VACATIONS.
A. Vacation Accrual. All full time regular employees described herein, who have one year
continuous service shall thereafter accrue paid vacation in accordance with the following schedules.
1) For employees described herein in Exhibit "A", as well as the City Manager, the following
schedule shall apply after one (1) year's continuous service:
Years
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Vacation Hours
Per Year
144
149
154
159
164
170
172
176
180
184
188
192
196
200
204
Years
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Vacation Hours
Per Year
208
212
216
220
224
228
232
236
240
244
248
252
256
260
264
This area left intentionally blank.
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2) For employees described herein in Exhibit B, the following schedule shall apply after one (1)
year's continuous service:
After Y ear( s ) Vacation Hours After Y ear( s) Vacation Hours
of service Per Year of service Per Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
10 164 25 224
11 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244
B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City
with the approval of the department head. Where possible, such vacation should be taken annually and
not accumulated from year to year. Employees shall not accumulate vacation in excess ofthe equivalent
number of hours earned in the immediately preceding 24-month period. Employees with less than
one 1) year's continuous service shall accrue vacation but may not use vacation until successful
completion of one (1) year's continuous service, except in the event of a City Hall holiday closure, with approval
of the Personnel Director. Employees whose accumulated vacation reaches the above-defined
limit shall receive no additional vacation accrual until such time as the accumulated vacation hours fall
below the
allowable limit.C. Vacation Conversion. An employee may convert a maximum of up to 50% of
his current annual vacation accrual into pay in lieu of time off with pay on an annual basis.
An employee requesting such conversion must meet the eligibility requirements as set forth in Section 17 (A)(
1)(2)and may convert twice in a calendar year, within the cap provisions stated above. Any exception
to this provision requires the approval of the
Personnel Director.D. Vacation Payout 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 one-twelfth (1/12) of the employee's annual
vacation pay for each full
month of service.SECTION 18. PART-TIME.
TEMPORARY. AND SEASONAL EMPLOYEES
ELIGIBILITY FOR FRINGE BENEFITS.A. Definitions. Nothing contained herein shall guarantee to any employee
a specified number of hours per day or days per week or weeks per year or months
per year of work.1) Regular part-time employees shall be those employees scheduled in the
budget to work 20 or more hours per week on a year-round
basis (
2) Temporary part-time employees shall be those employees scheduled in the budget to
work less than 20 hours per week on a year-round basis (52 weeks minus
approved leave).3) 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.B. Entitlement to Fringe Benefits Based 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 eligible part-time employees shall
be the schedule which is included in the City's approved budget or a schedule which 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, flexible benefit
contribution, disability insurance contribution, money purchase retirement plan, and PERS retirement contribution.
Regular part-time employees may receive step increases provided
they have performed 2080 hours of service.C. Temporary and seasonal employees shall be entitled
to receive no fringe benefits provided for in the resolution or in any resolution of
the City unless otherwise required
by law.SECTION 19. 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 payor benefits. No such leave will be considered absent
a
written application from the employee requesting leave.2) If the department head and the Personnel 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. The employee shall not be continued in service as
that term is defined in this Resolution.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
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 months of the
Flexible Benefit Plan contribution for employees
who
5) At the end of any approved leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel Director at least ten
10) days before the end of the approved leave, 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, the
Personnel Director may approve such extension of the leave of absence for a period up to,
but not to exceed, an additional six 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 Personnel 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.
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 his/her seniority rights.
11) Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
B. Personal Necessity Leave. Employees may be allowed up to three (3) working days per
month without pay for personal business with approval of the department head, or in the case of
department heads, the City Manager. Employees shall accrue no employment benefits for any personal
necessity leave in excess of three days per month. Such personal necessity leave shall be without pay
and shall not be accumulated from month to month.
C. Jury Duty and Services as Witness for City. When required to serve on a jury, all employees
shall be provided with paid time off for a period of actual service required on the jury, provided all jury
fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. If
an employee is called as a witness on behalf of the City, he shall receive his normal pay for the time
spent by the employee serving as a witness for the City. An employee shall be required to pay any
witness fees that accrue to the employee for his witness service to the City as a condition of receiving
his normal pay while serving as a witness for the City. Any exceptions to this provision must meet the
approval of the Personnel Director.
D. 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 applicable sections of the Military and Veterans' Code.
E. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance
with the following:
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1) For employees working a regular 40-hour week, eight (8) hours of sick leave will
accrue for each month of continuous
service.2) Sick leave will be charged at the rate of one-quarter (1;4) hour for eachone-
quarter (1;4)hour an
employee is absent.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
designee; and/or b) Personal Illness or physical incapacity resulting from causes beyond
the employee's control, including pregnancy, childbirth, and other
medically related conditions.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 for in
Subsection F below.5) Sick Leave Charged. 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 (1;4) hour,while additional actual absence of over one-quarter (1;4) hour
shall be charged to the nearest one-half (~) 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 and in the
complete discretion of the department head,be required to furnish a certificate issued by a
licensed physician or nurse or other satisfactory
written evidence of any subsequent illness.6) Sick Leave Payout Program. Unused sick leave shall
be
paid off according to the following:a) All sick leave accrued prior to January 1, 1992
shall
fall under the following payout formula:1) Accumulated sick leave balances as of December 31, 1991
shall be set aside in a designated sick leave account and no further accumulation
will be placed in this bank.This accumulated sick leave will be available for the
employee's use according to the provisions outlined in
Section E. (2), (3) and (4).2) Upon retiring from City service
and entering the Public Employees' Retirement System, an employee shall receive pay for 50%
of all accrued sick leave hours.3) Upon separation from City service for reasons
other than retirement with PERS, an 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
first 60 days of accrued sick leave (481 to 720 hours), and 50% of all accrued sick
leave thereafter (721 hours and up).
4) Upon the death of an employee while employed by the City, 100% of all accrued sick
leave benefits accrued prior to January 1, 1992 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.
b) All sick leave accrued after December 31, 1991, shall be placed in a new accrual bank
and have no maximum accrual amount. Any hours accumulated in this bank shall be
eligible for the following payout program:
1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have the
option to convert 40 hours of their unused sick leave to vacation in the first pay
period of the following year.
2) Employees with sick leave usage of 27.25 to 36.0 hours per calendar year may
convert 30 hours of unused sick leave to vacation the following year.
3) Employees must have a minimum balance of 180 hours of sick leave, combining both
sick leave banks, available after conversion. In addition, no hours will be converted
to vacation if said conversion places the employee's vacation bank over the maximum
allowable accrual. Conversion of sick leave to vacation shall occur in the first pay
period of January based upon sick leave usage during the previous payroll calendar
year.
4) Any sick leave converted to vacation shall be subject to the provisions described in
Section 17 . Vacations. The employee must file a sick leave payout designation form
each year, if eligible for the conversion of unused sick leave to vacation. If no
designation form is filed, the hours will automatically remain in the employee's new
sick leave accumulation account. Employees shall still be subject to the maximum
vacation accrual at any given time equivalent to 24 months' worth of accrued hours.
Any request to convert which exceeds the maximum vacation accrual allotted shall
not be converted to vacation, and shall remain in the employee's sick leave bank.
5) Upon retirement from employment with the City and entering the Public Employees'
Retirement System, an employee with a minimum of five (5) years of continuous
service to the City shall receive pay for 50% of all unused sick leave hours.
6) Upon separation of employment from the City for any reason, other than retirement as
noted in the preceding paragraph, for sick leave hours accumulated after December
31, 1991, an employee shall receive no pay for the first 100 hours (0 to 100 hours) of
accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 to
200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 to
352 hours).
7) Upon the death of an employee while employed by the City, 100% of all accrued sick
leave benefits up to 352 hours shall be paid to the beneficiary of the deceased
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employee. Payment will be made when proper authorization for payment is received
from the estate of the decedent employee.
8) Employees promoted to top management shall have all their sick leave hours placed
into the new sick leave accrual bank.
F. Family Leave. An employee is allowed up to forty eight (48) hours of family leave per
calendar year for family illness which shall be charged against the employee's accumulated sick leave.
G. Bereavement Leave. Regular full-time 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 of 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, or
sister 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.H. Industrial Leave for Safety Employees. For
the classifications of Police Chief and Fire Chief, industrial leave shall be granted in accordance with Labor Code
Section 4850 as it
now exists or hereinafter may be amended.1. Industrial Leave for Non-
Safety Employees. For the remaining classifications described in Exhibit "A" and Exhibit "B"
herein, industrial leave shall be granted as follows:1) A regular employee who is temporarily or
permanently disabled as a result of injury or illness determined to be
compensable under the Workers' Compensation Act shall be granted
industrial leave on the following terms and conditions:a) An employee granted industrial leave
shall continue to be compensated at his regular rate
of pay in lieu of temporary disability payments.b) Any temporary disability
payments made to an employee by the Workers'Compensation Administrator
fund shall be remitted to the Finance Department.2) Should it be determined that an employee's illness or
injury did not arise in the course of the employee's employment with the City
and that the employee is not temporarily or permanently incapacitated or disabled, as a
result of an industrial injury or illness, then the employee's accrued, or if insufficient,
future sick leave shall be charged to reimburse the City for any payments
made
3) An industrial leave of up to one year shall be authorized for each injury or illness
determined to be compensable under the Workers' Compensation Act.
4) No employee shall have accrued sick leave deducted while on industrial leave. Vacation
and sick leave shall accrue for an employee on industrial leave.
5) Industrial leave shall expire when the first of any of the following conditions occur:
a) The employee is able to return to work and assume the duties of his regular position.
b) The employee is able to return to work to another position designated by the City.
c) The day before the employee is retired or separated for disability. The employee's
retirement date shall be determined by the Public Employees' Retirement System.
d) After 52 weeks of industrial leave.
6) Employees who have not previously submitted notification of Election of Personal
Physician are required to use only physicians and medical facilities approved by the City
during the first 30 days after an occupational injury or illness is reported. After the first
30 day period, an employee may change to a physician specified by him or her provided
the physician has the expertise to treat the injury or illness and agrees to provide the
timely reports to the City. However, if an employee has notified the City in writing, prior
to the date of injury, that he has a personal physician, the employee shall have the right to
be treated by such physician from the date of injury providing that:
a) The physician has previously directed the medical treatment of the employee.
b) The physician retains the medical records and history of the employee.
An employee may request one change of physician during the first 30 days after the
injury or illness is reported.
J. Family Care and Medical Leave (FCML). State and Federal laws require the City to
provide family and medical care leave for eligible employees. The following provisions set forth
employees' and employer's rights and obligations with respect to such leave. Rights and obligations
which are not specifically set forth below 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.
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An employee's request for leave is subject to review and final approval of the Personnel Director.
1) Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave
during any 12-month period. An employee's entitlement to leave for the birth
or placement of a child for adoption or foster care expires 12 months after the birth
or
placement.The 12-month period for calculating leave entitlement will be a rolling
period measured backward from the date leave is taken and continues with each additional
leave day taken. Thus, whenever an employee requests leave, the City will look back
over the previous 12-month period to determine how much leave has been
used in determining how much leave a member
is entitled to.2) Use of Other Accrued Leaves While on Leave. If an employee requests
leave for any reason permitted under the law, he/she must exhaust all accrued
leaves (except sick leave) in connection with the leave. This includes vacation,
holiday, and other compensatory accruals. If an employee requests leave for his/her
own serious health condition, in addition to exhausting accrued leave, the employee must
also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the
Family Care
and Medical Leave.3) Required Forms. Employees must fill out required forms, available
in the Personnel Department, including: Request for Family or Medical
Leave; Medical Certification;Authorization for Payroll Deductions for benefit plan coverages (
if applicable); and Fitness-for-
Duty to return from
leave.SECTION 20. HEALTH INSURANCE.The City shall contract with the Public Employees' Retirement
System (PERS) to make available those health insurance benefits provided under the Public
Employees' Medical and Hospital Insurance Care Act (PEMHCA). The PERS Health Benefits Plan shall
replace any other benefits program maintained by the City for eligible employees, eligible retirees,
and their eligible surviving annuitants.A. The City shall contribute toward the payment of premiums
under the PERS Health Benefits Plan to each eligible retiree annuitant of PERS to the extent required by law,
a contribution of $97.00 per month. Effective January 1, 2009, this contribution is expected to
be adjusted annually by the CalPERS Board of Administration to reflect any change in the medical care component
of the C.P.1.B. Flexible Benefits Plan. The City shall administer a Section
125 Flexible Benefits Plan for active full-time and part-time eligible employees and
pay the following monthly amounts to provide funds for optional dental plans,
vision plans, health
plans, or
miscellaneous pay:Participating Employee Classifications City Manager Executive
Management Team (as listed in Exhibit A)Senior
Management Team (
as listed in Exhibit
B)Monthly Contributions
Effective March 1,
2008 1,475.
00
The members of the City Council shall receive the same benefits noted under flexible benefits plan
as provided to employees noted as Executive Management Team above. The City Treasurer shall
receive the same benefits under flexible benefits plan as provided to employees noted as Senior
Management Team above.
C. Any amounts in excess of the amount designated in Section 20.B necessary to maintain
benefits under any benefits plan selected by the employee shall be borne by the employee.
D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled in
the City or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled
without being covered as a family member. Additionally, an employee may choose not to be enrolled in
the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employee
must provide proof, as determined by the Personnel 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 amount designated in Section 20.B towards the Flexible Benefits Plan. In
the event the employee loses eligibility (with documentation) the employee may enroll in the PERS
Health Benefits Plan pursuant to their rules and regulations.
SECTION 21. OTHER INSURANCES.
A. Life Insurance.
1) For employees described herein in Exhibit A the City shall contribute the full premium
towards a $150,000 life insurance benefit.
2) For employees described herein in Exhibit B the City shall contribute the full premium
towards a $75,000 life insurance benefit.
B. Disability Insurance. The City shall provide a long term disability plan with a long term
disability benefit of two-thirds of salary, after a 60-day elimination period, to a maximum of $
8,000 per month for employees described herein in Exhibit A, and a maximum of $6,000 per
month for employees described herein in
Exhibit B.C. Medicare Insurance. The City shall pay for the employee's portion of thecontribution (
1.45%)for Medicare coverage for all employees hired since the effective date in
April, 1986.SECTION
22. RETIREMENT.A. Public Employees' Retirement
System (PERS).1) Member Contribution. The City agrees to pay 8% of the employees base salary (
9% for safety) to the Public Employees' Retirement System including the full contribution
for the Third Level
Survivors Benefit.2) Miscellaneous PERS Formula. Effective June 29, 2003, the City shall provide
the PERS 2.7% @ age 55 Retirement Program. Effectiye June 27, 2004, employees
shall contribute 2.64% of salary, on a pre-tax basis, toward the City's PERS Employer
Contribution Rate to offset some of the costs of the PERS 2.7% @ 55 Retirement Program. The City
shall pay all remaining costs toward the retirement program for
employees
3) Safety PERS Formula. Effective May 20,2001, the City shall contract with PERS to provide
the safety employees covered under this Resolution with the 3% @ age 50 retirement
formula, as set forth in Section 21362.2 of the California Government Code. The City shall
pay the full cost for the 3% @ 50 benefit program for safety employees covered by this
Resolution.
4) PERS on PERS. Effective June 29, 2003, pursuant to Government Code Section 20636(c),
the City agrees to pay and report the value of employer paid member contributions (EPMC)
to CalPERS as additional compensation for all employees covered by this Resolution. This
benefit shall consist of paying 8% of the normal contributions as EPMC for miscellaneous
employees (9% for sworn employees), and reporting this 8% (or 9%) as compensation
earnable (excluding Government Code Section 20636 (c)(4) as additional compensation).
B. Money Purchase Retirement Plan. The City shall provide a Money Purchase Retirement Plan for
employees covered by this resolution. The City shall contribute an amount equal to three percent (3%)
of the employees' base salary as shown in Exhibit A and Exhibit B toward an IRS Section 401(a)
account. In lieu of this City provided benefit, the employee may elect to have added to his base salary
an additional three percent (3%), however this 3% is not reported to PERS as pensionable compensation.
This election can be made only upon initial employment and is irrevocable.
C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a
Retirement Health Savings Plan for employees covered by this Resolution. Effective January 1, 2008,
all Top Management employees are required to participate in the plan by making the following tax-
deferred contributions to the plan:
1) The cash value of the employee's unused floating holiday and administrative leaye balances at
the end of each calendar year; and
2) The full (100%) cash value of the employee's unused sick leave payout upon retirement from
City service.
Upon separation from employment for any reason, the value of the employee's unused
floating holiday will be paid out to the employee in cash. Unused administrative leave shall be forfeited
and shall not be contributed to the Retirement Health Savings Plan.
SECTION 23. OTHER FRINGE BENEFITS.
A. Medical Maintenance Examination Program. An annual medical examination shall be provided
for all employees listed in Exhibits A and B. The content and extent of the examination of each
individual shall be determined by the physician in charge and shall be tailored to the individual's
particular needs. A profile of the examination shall be maintained. Each employee may choose to have
said examination performed by the physician of his choice or the City's designated medical provider.
Employees in Exhibits A and B will be reimbursed per fiscal year, upon submitting proof of such
examination, the following amounts toward the cost of an annual physical examination:
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Executive Directors:
Top Management Employees:
850.00
550.00
Employees may receive up to $495 per fiscal year (of the $850 listed above for Executive Directors)
and $395 per fiscal year (of the $550 listed above for Top Management Employees) towards
reimbursement for items 1 and/or 2 below. Requests other than annual physicals must be approved, prior
to purchase or participation, by the Personnel Director.
1) Membership in a health/fitness club.
2) Participation in a weight loss/stop smoking/wellness/fitness program.
The City will not reimburse employees for any of the above listed activities for family/dependent
health related expenses.
B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbooks,
parking fees, and health fees required for approved community college and college courses, as well as
job-required licensing, testing, renewal, and registration fees. An approved course is one designated
to directly improve the knowledge of the employee relative to his specific job, and must be approved
by the department head and the Personnel Director prior to registration. Full reimbursement up to
the amount specified below will be provided based upon completion of the approved course(s) with a
final grade of"C" or
better.Educational assistance payments to an employee shall not exceed $1,500.00 in anyone fiscal
year and he must still be employed by the City when the course is
completed.The City agrees to allow reimbursement to Executive Directors up to $1,000, and Top
Management employees up to $800 of the $1,500 allotted per fiscal year for activities which aid in their
professional development. Reimbursable activities include the
following:1) Attendance at job-related professional conferences
and seminars;2) Payment of membership dues in community and professional
organizations; and 3) Purchase of job-related professional journals, books, and other written
materials which further their knowledge and improve their effectiveness
in their duties.Participation and/or purchase must be approved in advance by the department
head and
the Personnel Director.The above reimbursable activities are made to recognize and encourage
staff to pursue educational and public relations oriented activities beyond those normally budgeted for
them by their departments and in which they are directed to participate. Approved activities are those
which may be expected to further their knowledge of their jobs and the Orange community and
which contribute to
their improved effectiveness.Individual departments may continue to budget funds for staff attendance
at professional conferences and seminars, for payment of professional membership dues, and for the purchase
of books, journals,and related written materials which enhance the
staff's knowledge.C. Uniforms. The City shall pay and report to Cal-PERS the
following yalues for uniform expenses: $477 per year for the Police Chief and $400 per year
for
D. Rideshare Incentive Program. An employee may receive $30 per month and eight (8) hours
compensatory time every six (6) months for carpooling, using public transportation, biking, walking,
carpooling or other approved modes of transportation to and from the work-site. To qualify for
these incentives, an employee must use one of the above forms of transportation 70% of his commuting
time.SECTION 24. TRAVEL EXPENSE
ALLOWED.A. Mileage Reimbursement. Expense claims for the use of private automobiles must
be authorized by the department head, and submitted to the Accounts Payable division of the
Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at
the rate per mile allowed under the current IRS
regulations.B. Out-of-City 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 of
the travel expense to the employee.C. Tourist-Class airplane passage
will be considered standard for out-of-town travel.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 expenses as long as the expenses do
not exceed the amount of the cost of the commercial transportation.E. Transportation and
Expense Charges. Expenses for air, rail, or public transportation 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 the conduct of City business.1)
Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose
of the trip and must be approved by the department head.2) Telephone
and telegraph charges will be allowed for official calls and telegrams.3) Expenses for
meals will be reimbursed according to Administrative Policy Number 4.13.SECTION 25. GRIEVANCES.
Any employee covered by this Resolution who wishes to file a grievance
should follow the procedures outlined in the City's Employee Handbook.
SECTION 26. EFFECTIVE DATES. This Resolution and attachments hereto shall be effective as of March 1, 2008 and shall
continue in
full
ADOPTED this 2ih day of May, 2008.
ATTEST:
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 2ih day of May, 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Smith, Cavecche, Dumitru, Bilodeau
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Murphy
COUNCIL MEMBERS: None
ld,
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