RES-10064 Executive Directors & Top Management Employees Classification CompensationRESOLUTION NO. 10064
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. 9954 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 Direct(
concerning the proposed employment terms contained herein; and
WHEREAS, the City Council has determined that this resolution shall set forth the wage
hours, and conditions of employment for the period of March 1, 2006 through February 28, 2007 f(
those management employees covered herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oran~
authorizes staff to adjust the Fiscal Year 2005/06 budget to reflect the changes approved in th
resolution, and that the wages, hours, and conditions of employment for the period of March 1, 20C
through February 28,2007 be adopted and set forth as follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a bas
compensation plan for all executive directors and top management employees of the City of Orange Wf
are now employed, or will in the future be employed in any of the classifications of employment listed i
this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it sha
be understood to include the feminine gender. Whenever the term "department head" is used, it shall t
understood to include the City Manager when the personnel action affects a department head.
SECTION 2. SALARY AND WAGE SCHEDULE. The monthly salaries for employe(
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 (
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 ar
classifications described herein in Exhibits "A" or "B" effective at any time on or after August 20, 2001
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" inclusiv,
The minimum length of service required for advancement to the next higher step, is provided in Sectic
5 and 6.
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. n
compensation ranges and steps contained in the attached salary schedule are monthly compensatic
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 armual hours. In determining the hourly rate, compensation shall be
alcu1ated to the nearest one-half (Yz)
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
Jf 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 mployee'
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 highel lassification, or service in a classification allocated to the same salary range
and having generall)similar duties and requirements. A lapse of service by any employee for a period of time
longer than 3C days by reason of resignation or discharge shall serve to eliminate the accumulated length
of service time Jf such employee for the purpose of this Resolution. Such employee re-entering the
service of the Cit)shall be considered as a new employee, except that he may, at the discretion
ofthe City, be re-employed within one year and placed in the same salary step in the appropriate compensation
range as he was al 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 suer 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 continuec improvement by the employee in the effective performance of the duties
of his position. Such meril
advancement shall require the following:1) The department head shall file with the Personnel Director
a Personnel Action Form anc a completed performance evaluation recommending the granting
or denial of the meri increase and supporting such
recommendation with specific reasons therefore Disapproval from the Personnel Director, together with
the reasons therefore, shall b(
returned to the department head.2) The recommendation of the department head and the
approval of the Personnel Directo 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
4) A lapse of service of 30 continuous calendar days or more for any reason shall extend tI
due date for the merit performance evaluation by an equal number of days absent.
B. Special Merit Advancement. When an employee demonstrates exceptional ability ar
proficiency in the performance of his duties, the department head may recommend to the Personn
Director that the employee be advanced to a higher pay step without regard to the minimum length,
service requirements contained in this Resolution. The Personnel Director may, on the basis of
department head's recommendation, approve and effect such an advancement.
C. Length of Service Required When Advancement is Denied. When an employee has not bee
approved for advancement to the next higher salary step, he may be reconsidered for such advancemel
at any subsequent time. This reconsideration shall follow the same steps and shall be subj ect to the san
action as provided in Section 6.A. above.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on
salary step higher than Step "A" may be reduced by one or more steps upon the recommendation oftl
department head with the approval of the Personnel Director. Such reduction shall take place only aft,
the employee has been notified of the reasons and has had an opportunity to respond. Procedure for sue
reduction shall follow the same procedure as outlined for merit advancements in Section 6, and sue
employee may be considered for re-advancement under the same provisions as contained in
Subsectic C of Section
6.SECTION 8. SPECIAL
ASSIGNMENTS.A. Telephone/Citv Council Assignment. Effective July 1, 1996, the employee assigned
tr responsibility of maintaining the Citywide telephone system may receive up to $100 per month
bom based on criteria established by the Personnel Director. In addition, the Administrative
Secretal assigned to the Mayor and City Council will receive an additional $150 per month bonus
pa:Furthermore, effective July 1, 2005, the Administrative Secretary assigned to the City Attorney
wi 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
th department head, with approval of the Personnel Director, to a bilingual assignment. Employees
0 bilingual assignment shall receive an additional $140.00 per month, per employee, in addition to
the regular monthly salary, for the duration of the assignment. Employees receiving Bilingual
Assignmel compensation may be required to take and pass a proficiency test on an armual or as needed basis
a determined by the Personnel Services
Department.SECTION 9. INCENTIVE PAY PLAN. The City Manager may, for the employees
covere by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at
hi full
discretion.SECTION 10. PROMOTION. When an employee is promoted to a position in a
highe classification, he may be assigned to the step in the new salary range which provides for at least a
fiv percent (5%) increase. With the approval of the department head and Personnel Director, the
employe may be placed in the step in the new salary range as will grant him an increase of at least one, but
ne more than three salary
steps.
SECTION 11. DEMOTION. When an employee is demoted to a positIOn in a lower
lassification, his salary rate shall be fixed in the appropriate salary range for the lower classification in
Iccordance 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
vas demoted.
SECTION 12. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is
lmployed in a classification which is assigned to a different pay range shall be retained in the same
alary step in the new range as he has previously held in the prior range, and shall retain credit for length
f 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
esult 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 fOJ
further salary advancement, or until such time as the employee is promoted to a position assigned to a
l1igher compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of which is highel
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 previousl)
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,
othel 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
ir accordance with the Orange Municipal Code. In addition, all employees covered by the Resolution
art 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 writtel instrument formally approved by the City Council, the compensation and terms of employment
of th,City Manager and City Attorney shall be as set
forth herein.SECTION 15. ADMINISTRATIVE LEAVE. Employees covered by this
Resolution ar'exempt from Fair Labor Standards Act overtime provisions as executive,
administrative, an,professional employees. This Resolution establishes a pay system which provides all
covered employee with sick leave and other leave which covered employees use for pmposes of
public accountabilit)However, the City will provide paid administrative leave
as follows:A. Regular full-time employees identified in Exhibit "A" shall accrue 63
hours of administrativ,leave armually
for
B. Regular full-time employees identified in Exhibit "B" shall accrue 54 hours of
administrati'leave annually for continuous
service;C. Employees hired after January l5t of each year shall receive a prorated portion of
tI administrative leave during their first calendar year of
employment;D. The minimum charge to the employee's administrative leave account shall be
one-quarter (~hour, while additional actual absence of over one-quarter (Y4) hour shall be charged to
the nearest on
half (Yz) hour;E. Usage of administrative leave shall be at the convenience of the City with the
approval of tI respective department head
or City Manager;F. All administrative leave shall be accrued at the beginning of the pay
period which includ,January 1 st of
each year; and G. Administrative leave not used by December 31 st in the calendar year in which
it is accrue 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 followin paid nine (9)-hour holidays, except as
provided in #9:1) January 1st (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 11th (
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 throughThursda Christmas
Eve; 4.5 hours)10)
December 25th (Christmas Day)A. Floating Holidavs. In addition to the above, employees will have credited
to their paid leav balance 22.5 floating holiday hours beginning January 1 st of each year. Employees
hired after January 1 of each year shall receive a prorated portion of the 22.5 floating holiday hours
during their first calenda year of employment. All floating holiday hours shall be taken as time off from
work no later tha December 31 st of the year in which such hours are earned or otherwise shall
be forfeited. The floatin 110liday hours shall be taken at the convenience of the City with the approval of the
City Manager or th department head. Employees under this section who terminate their employment with
the City prior t,using the floating holiday hours shall receive cash reimbursement for
all
remaining floating holida 110urs.B. Holidavs on Certain Davs of the Week. In the event any of the
above holidays, except one l1alf day before Christmas, fall on a Sunday, the following day will be taken in lieu of
the actual date 01 which the holiday falls. When any of the above holidays fall on a Saturday,
except one-half day befor,hristmas, the preceding Friday will be taken in lieu of the actual date OIl
which the holiday falls. Whel my of the above holidays falls on an employee's regularly scheduled day
off during the week, excep Ile-half day before Christmas, employees will be credited with
nine (9) hours of holiday compensator:ime. Accumulated holiday compensatory time must be used by the employee
by the end of the calenda
year
C. Eligibilitv to Receive Holidav Pav. In order to be eligible to receive holiday pay, an
mp10yee must have worked, or be deemed to have worked because of a lawful absence, the employee's
egularly scheduled day before and regularly scheduled day after the holiday. Newly hired employees
Ire provided with and are eligible to use floating holiday and fixed holiday hours, according to the
uidelines established in this Section, and/or with approval of the Personnel Director.
D. Holidavs 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
md 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 yea!
ontinuous 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 OJ
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 Cil
with the approval of the department head. Where possible, such vacation should be taken armually an
not accumulated from year to year. Employees shall not accumulate vacation in excess of the equivalel
number of hours earned in the immediately preceding 24-month period. Employees with less than
on 1) year's continuous service shall accrue vacation but may not use vacation until successful
completio of one (1) year's continuous service, except in the event of a City Hall holiday closure, with
approval (the Personnel Director. Employees whose accumulated vacation reaches the above-defined
limit sha receive no additional vacation accrual until such time as the accumulated vacation hours fall
below th
allowable limit.c. Vacation Conversion. An employee may convert a maximum of up to 50% of
his currer annual vacation accrual into pay in lieu oftime off with pay on an armual basis. An
employee requestin such conversion must meet the eligibility requirements as set forth in Section 17 (A)(1 )(2)
and ma convert twice in a calendar year, within the cap provisions stated above. Any exception to
this provisio requires the approval ofthe
Personnel Director.D. Vacation Pavout Upon Termination. Employees who terminate their employment
with th City shall be paid for all accrued vacation, if any, and the prorated portion of their
final accrua Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's armual
vacation pay fo each full
month of service.SECTION 18. PART-TIME.
TEMPORARY. AND SEASONAL EMPLOYEE:
ELIGIBILITY FOR FRINGE BENEFITS.A. Definitions. Nothing contained herein shall guarantee to any employee
a specified number 0 110urs per day or days per week or weeks per year or months
per
1) Regular part-time emplovees shall be those employees scheduled in the budget to work 20
or more hours per week on a year-round basis (52 weeks minus
approved leave).2) Temporarv part-time emplovees 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 emplovees 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 armual 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 purchas(retirement plan, and PERS
retirement contribution. Regular part-time employees may receive steI
increases provided they have performed 2080 hours of service.C. Temporary and seasonal employees shall
be entitled to receive no fringe benefits provided fOJ 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 Pav.
For all regular employees as described
herein, the followinl Leave Without Pay procedure shall apply:1) After all available
leave benefits, including vacation, compensatory time, sick leave, an,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. N,such leave will be
considered
absent a written application from the employee requestinJ leave.2) If the department head and the Personnel Director
agree that such leave is merited and in th interest of the City, leave may be granted for
a period not to exceed six (6) months followin;the date of expiration of all
other allowable leave benefits. The employee shall not b continued "in
service" as that term is defined in this Resolution.3) No employment or fringe
benefits such as sick leave, vacation, health insurance, retiremen or any other benefits shall accrue to any
employee on leave of absence without pay except a denoted under the FCML section below.
During such leave in excess
of five working day~no seniority shall be accumulated.4) Subject to and consistent with the
conditions of the group health, life or disability pIal coverage may be continued during a
leave, provided direct payment of the total premium b the emplovee is made through and as prescribed
by the Payroll Division of the City. The Cil will pay up to six months of the
Flexible Benefit Plan contribution
for
5) At the end of any approved leave, if the employee desires additional leave, writt,
application must be made through the department head to the Personnel Director at least t,
10) days before the end of the approved leave, stating the reasons why the additional leave
required and why it would be in the best interests of the City to grant such leave of absenc
If such additional leave is merited and would still preserve the best interests of the City, tI
Personnel Director may approve such extension of the leave of absence for a period up to, b
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 I
extension of leave of absence, the City shall consider that the employee has abandoned h
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 ofh
intent to return to work prior to returning to work.
8) Any employee who engages in outside employment during said leave of absence withol
prior notification and approval of the Personnel Director and department head may be subje,
to termination.
9) Any employee who falsifies the reason for the request for said leave of absence may t
terminated.
10) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medicall
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 t
maintained for distribution in the Personnel Services Department.
B. Personal Necessitv Leave. Employees may be allowed up to three (3) working days pI
month without pay for personal business with approval of the department head, or in the case (
department heads, the City Manager. Employees shall accrue no employment benefits for any person:
necessity leave in excess of three days per month. Such personal necessity leave shall be without pa
and shall not be accumulated from month to month.
C. Jurv Dutv and Services as Witness for Citv. When required to serve on a jury, all employee
shall be provided with paid time off for a period of actual service required on the jury, provided all jur
fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. I
an employee is called as a witness on behalf of the City, he shall receive his normal pay for the tim
spent by the employee serving as a witness for the City. An employee shall be required to pay an
witness fees that accrue to the employee for his witness service to the City as a condition ofreceiving hi
normal pay while serving as a witness for the City. Any exceptions to this provision must meet th
approval ofthe Personnel Director.
D. Military Leave of Absence. If an employee is required to take military training two weeks 0
more each year, he shall be entitled to military leave of absence under the provisions of State law, foun
in applicable sections of the Military and Veterans' Code.
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E. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance
vith 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.2) Sick leave will be charged at the rate of one-quarter (Y4) hour for each
one-quarter (Y4)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 OJ injury of an employee and may not extend to absence caused by illness
or injury of ,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, tht minimum charged to the employee's sick leave account shall be
one-quarter (Y4) hour while additional actual absence of over one-quarter (Y4) hour
shall be charged to tht nearest one-half (Yz) hour. Sick leave shall only be used
for the purposes stated and tht department head shall be responsible for control of
employee
abuse of the sick leavt 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 othe satisfactory
written evidence of any subsequent illness.6) Sick Leave Pavout Program. Unused sick leave shall
be
paid off according to th,following:a) All sick leave accrued prior to January 1, 1992
shall
fall under the following payou formula:1) Accumulated sick leave balances as of December 31,
1991 shall be set aside in designated sick leave account and no further accumulation
will be placed in this banli This accumulated sick leave will be available for the
employee's use according to th provisions outlined in
Section E. (2), (3) and (4).2) Upon retiring from City service
and entering the Public Employees' Retiremer System, an employee shall receive pay for 50%
of
3) Upon separation from City service for reasons other than retirement with PERS, :
employee shall receive no pay for the first 60 days of accrued sick leave (0 to 4~
hours), but shall receive 25% pay for the first 30 days of accrued sick leave after t1
first 60 days of accrued sick leave (481 to 720 hours), and 50% of all accrued sit
leave thereafter (721 hours and up).
4) Upon the death of an employee while employed by the City, 100% of all accrued sic
leave benefits accrued prior to January 1,1992 shall be paid to the beneficiary oft!
deceased employee. Payment will be made when proper authorization for payment
received from the estate ofthe decedent employee.
b) All sick leave accrued after December 31, 1991, shall be placed in a new accrual bar
and have no maximum accrual amount. Any hours accumulated in this bank shall t
eligible for the following payout program:
1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have tl
option to convert up to 40 hours of their unused sick leave to vacation in the first p,
period of the following year.
2) Employees with sick leave usage of 27.5 to 36.0 hours per calendar year may conve
up to 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 bot
sick leave banks, available after conversion. In addition, no hours will be converte
to vacation if said conversion places the employee's vacation bank over the maximUl
allowable accrual. Conversion of sick leave to vacation shall occur in the first pa
period of January based upon sick leave usage during the previous payroll calend:
year.
4) Any sick leave converted to vacation shall be subject to the provisions described i
Section 17. Vacations. The employee must file a sick leave payout designation forr
each year, if eligible for the conversion of unused sick leave to vacation. If n
designation form is filed, the hours will automatically remain in the employee's ne1
sick leave accumulation account. Employees shall still be subject to the maximur
vacation accrual at any given time equivalent to 24 months' worth of accrued hour~
Any request to convert which exceeds the maximum vacation accrual allotted sha
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 continuou
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 a
noted in the preceding paragraph, for sick leave hours accumulated after Decembe
31,1991, an employee shall receive no pay for the first 100 hours (0 to 100 hours) 0
accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 t,
200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 t.
352 hours).
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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
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. Familv Leave. An employee is allowed up to forty eight (48) hours of family leave per
alendar 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 Jf 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
membel 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 pel incident and shall not be deducted from
the employee's accumulated sick leave. Ar employee on bereavement leave shall inform his
immediate supervisor of the fact and th(reasons therefore as soon as possible.
Failure to inform his immediate supervisor, within,reasonable period of time, may be cause for denial
of bereavement leave
with pay for th,period of absence.H. Industrial Leave for Safetv Emplovees. 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 0 hereinafter may be amended.1. Industrial Leave for Non-
Safetv Emplovees. For the remaining classifications described il 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 0 illness determined to be
compensable under the Workers' Compensation Act shall b<granted
industrial leave on the following terms and conditions:a) An employee granted industrial leave
shall continue to be compensated at his regula 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 e the employee's employment with the City
and that the employee is not temporarily e permanently incapacitated or disabled, as a
result
the employee's accrued, or if insufficient, future sick leave shall be charged to reimbur
the City for any payments made to the employee pursuant to (1) above.
3) An industrial leave of up to one year shall be authorized for each injury or illne
determined to be compensable under the Workers' Compensation Act.
4) No employee shall have accrued sick leave deducted while on industrial leave. Vacatic
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
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 Person
Physician are required to use only physicians and medical facilities approved by the Cil
during the first 30 days after an occupational injury or illness is reported. After the fir
30 day period, an employee may change to a physician specified by him or her provide
the physician has the expertise to treat the injury or illness and agrees to provide tl
timely reports to the City. However, if an employee has notified the City in writing, pri(
to the date of injury, that he has a personal physician, the employee shall have the right 1
be treated by such physician from the date of injury providing that:
a) The physician has previously directed the medical treatment ofthe 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 injur
or illness is reported.
1. Familv Care and Medical Leave (FCML). State and Federal laws require the City t
provide family and medical care leave for eligible employees. The following provisions set fort
employees' and employer's rights and obligations with respect to such leave. Rights and obligation
which are not specifically set forth below are set forth in the Department of Labor regulation
implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations ofth
California Fair Employment and Housing Commission implementing the California Family Right
Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under thi
article shall mean leave pursuant to the FMLA and CFRA.
An employee's request for leave is subject to review and final approval ofthe Personnel Director.
13
1) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks 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 hislher
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 prograrr 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 Benefit~Plan to each eligible retiree armuitant ofPERS to the extent required by law, a
contribution of$64.60 pel month. Effective January 1, 2007 this $64.60 contribution shall be increased
to $80.80 per month.B. Flexible Benefits Plan. The City shall administer a Section
125 Flexible Benefits Plan fo active full-time and part-time eligible employees and
pay the following monthly amounts to provid,funds for optional dental plans,
vision plans, health
plans, or
miscellaneous pay:articipating Emplovee Classifications ity Manager
xecutive Directors (as listed in Exhibit "A")fop
Management Employees (
as listed in Exhibit "
B")Monthlv Contributions
Effective March L
2006 1,
300.00 1,300.00 975.00 The members of the City Council shall receive the
same benefits noted under flexible benefits pIa as provided to employees noted as "Executive Directors"
above. The City Treasurer shall receive th same benefits under flexible benefits plan as provided
to
C. Any amounts in excess of the amount designated in Section 20.B necessary to mainta
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
the City or enrolled in an agency with PERS health, unless the employce (or the spouse) is enrollt
without being covered as a family member. Additionally, an employee may choose not to be enrolled
the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employ'
must provide proof, as determined by the Personnel Director, that comparable medical insurance is
full force and effect. Based on determination that insurance is in full force and effect, eligible employe,
shall receive the amount designated in Section 20.B towards the Flexible Benefits Plan. In the event tl
employee loses eligibility (with documentation) the employee may enroll in the PERS Health Benefi
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 premiU]
towards a $50,000 life insurance benefit.
2) For employees described herein in Exhibit "B" the City shall contribute the full premiU]
towards a $23,000 life insurance benefit.
B. Disabilitv Insurance. The City shall provide a long term disability plan with a long ten
disability benefit of two-thirds of salary, after a 60-day elimination period, to a maximum of $
8,00 per month for employees described herein in Exhibit "A", and a maximum of $6,000 per
month fe employees described herein in
Exhibit "B."C. Medicare Insurance. The City shall pay for the employee's portion of the contribution (1.
45o/r for Medicare coverage for all employees hired since the effective date in
April, 1986.SECTION
22. RETIREMENT.A. Public Emplovees' Retirement
Svstem (PERS).1) Member Contribution. The City agrees to pay 8% of the employees base salary (
9% fo safety) to the Public Employees' Retirement System including the full contribution
for th Third Level
Survivors Benefit.2) Miscellaneous PERS Formula. Effective June 29, 2003, the City shall provide
the PER~2.7% @ age 55 Retirement Program. Effective June 27, 2004, employees
shall contribut,2.64% of salary, on a pre-tax basis, toward the City's PERS Employer
Contribution Rate tl offset some of the costs of the PERS 2.7% @ 55 Retirement Program. The City
shall pay al remaining costs toward the retirement program for
employees covered herein.3) Safetv PERS Formula. Effective May 20,2001, the City shall contract with
PERS to provid,the safety employees covered under this Resolution with the 3% @
age
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. Monev Purchase Retirement Plan. The City shall provide a Money Purchase Retirement Plan for
mployees covered by this resolution. The City shall contribute an amount equal to three percent (3%)
If the employees' base salary as shown in Exhibit "A" and Exhibit "B". In lieu of this City provided
enefit, the employee may elect to have added to his base salary an additional three percent (3%),
lowever this 3% is not reported to PERS as pensionable compensation. This election can be made only
lpon initial employment and is irrevocable.
C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a
etirement Health Savings Plan for employees covered by this Resolution. Each employee may
IOluntarily participate in the plan by making a one-time irrevocable election to participate during
the pecific armual election period identified in the plan documents. The plan would allow employees
to nake the following tax-deferred contributions to
the plan:1) The cash value of the employee's unused floating holiday and administrative leave
balances at the end of each calendar year (mandatory for all
participants); and 2) Up to 15% of their armual
salary (optional);3) The cash value of 10% to 100% of vacation and/or sick leave paid out upon
separation from employment with the
City (optional).Participation and contributions must be made in accordance with the requirements
specific all)delineated in the plan documents as adopted by Resolution No. 9660 and all contributions to
the plar will be at no additional cost to the City. Each employee who participates in the
Retirement Healtl Savings Plan recognizes that should any tax liability arise out of such participation such liability
shall b(the responsibility of the
participating employee.SECTION 23. OTHER
FRINGE BENEFITS.A. Medical Maintenance Examination Program. An armual medical examination shall
be provide(for all employees listed in Exhibits "A" and "B". The content and extent of the examination
of eacl individual shall be determined by the physician in charge and shall be tailored to
the individual'particular needs. A profile of the examination shall be maintained. Each employee may choose
to hav,said examination performed by the physician of his choice or the City's designated
medical providel Employees in Exhibits "A" and "B" will be reimbursed per fiscal year, upon submitting proof
of suc'examination, the following amounts toward the cost of an armual
physical examination:
Executive Directors:Top
Management Employees:
850.00
550.
Employees may receive up to $495 per fiscal year (of the $850 listed above for Executive Director
and $395 per fiscal year (of the $550 listed above for Top Management Employees) towar,
reimbursement for items 1 and/or 2 below. Requests other than armual physicals must be approved, pri,
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/depende
health related expenses.
B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbook
parking fees, and health fees required for approved community college and college courses, as well ,
job-required licensing, testing, renewal, and registration fees. An approved course is one designated
1 directly improve the knowledge of the employee relative to his specific job, and must be approved by
t1 department head and the Personnel Director prior to registration. Full reimbursement up to the
amoUl specified below will be provided based upon completion of the approved course(s) with a final
grade (C" or
better.Educational assistance payments to an employee shall not exceed $1,500.00 in anyone fiscal
ye,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
Managemel employees up to $800 of the $1,500 allotted per fiscal year for activities which aid in their
profession;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 furth,their knowledge and improve their effectiveness
in their duties.Participation and/or purchase must be approved in advance by the department head
and
the Personn(Director.The above reimbursable activities are made to recognize and encourage
staff to pursu educational and public relations oriented activities beyond those normally budgeted for
them by the!departments and in which they are directed to participate. Approved activities are those
which may b expected to further their knowledge of their jobs and the Orange community and
which contribute t
their improved effectiveness.Individual departments may continue to budget funds for staff attendance
at professional conference and seminars, for payment of professional membership dues, and for the purchase
of books, journah and related written materials which enhance the
staff's knowledge.C. Uniforms. The City shall purchase uniforms for all regular uniformed members
of the Polic Department and
the
D. Rideshare Incentive Program. An employee may receive $30 per month and eight (8) hours
Dmpensatory time every six (6) months for carpooling, using public transportation, biking, walking,
arpooling or other approved modes of transportation to and from the work-site. To qualify for
these lcentives, an employee must use one of the above forms oftransportation 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-Citv 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 ofthe 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 :grievance
should follow the procedures outlined in the City's Employee Handbook.
SECTION 26. EFFECTIVE DATES. This Resolution and attachments hereto shall b,effective as of March 1, 2006 and shall
continue in
full
ADOPTED this 28th day of February, 2006.
ATTEST:
tt~!(c~
Mary E. Mu crity Clerk, Ci ~ge
I, MARY E. MURPHY, City Clerk of the City of Orange, California hereby certify that the foregoin
Resolution was duly and regularly adopted by the City Council of the City of Orange at a regul<
meeting thereof held on the 28th day of February, 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
tf~t(~
Mary E. 'City Clerk, (?" ,Orange
19