RES-9953 Part Time & Seasonal Terms of EmploymentI
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RESOLUTION NO. 9953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE RELATING TO THE CLASSIFICATION,
COMPENSATION, AND TERMS OF EMPLOYMENT FOR
PART-TIME AND SEASONAL EMPLOYEES OF
THE CITY OF ORANGE EFFECTIVE JULY 1, 2005
THROUGH AND INCLUDING JUNE 30, 2007 AND
REPEALING RESOLUTION NO. 9244 AND AMENDMENTS
THERETO,FOR SAID
EMPLOYEES.WHEREAS, the City Council of the City of Orange wishes to set forth the wages,
hours and conditions of employment for July 1, 2005 through June 30, 2007 for the
employees described herein,
and WHEREAS, the City Council has consulted with the City Manager and the
Personnel Director concerning the proposed employment terms contained
herein;NOW, THEREFORE, be it resolved that wages, hours and conditions of employment
be adopted as
follows:SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a
basic compensation plan for all employees of the City of Orange who are now employed or will in
the future be employed in any of the designated classifications listed in this Resolution and
its attachments. Whenever the masculine gender is used in this Resolution, it shall be understood
to include the feminine gender. The term "employee(s)" shall refer only to those
employees covered by this
Resolution.SECTION 2. SALARY AND WAGE SCHEDULES. Salaries effective June 26, 2005
and June 25, 2006 for employees covered by this Resolution are listed in Exhibit "
A."SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. For
all employees who have a regular weekly work schedule of 40 hours, the hourly rate of pay shall
be the monthly rate times 12 divided by 2080 hours. In determining the hourly rate as
herein provided, compensation shall be made to the nearest1/2
cent.Employees may be considered for advancement to the next higher step upon completion
of two thousand eighty (2,080) hours of
service.SECTION 4. BEGINNING RATES. A new employee in Exhibit "A" of the City shall
be paid the rate shown in Step "A" in the range allocated to the class of employment for which
he has been hired, except that on the request of the department head under whom the employee
will serve, and with the authorization of the Personnel Director, such employee may be placed in
Step B", "C", or "D" if applicable, depending upon the employee's
qualifications.
SECTION 5. SERVICE. The word service, as used in this Resolution, shall be defined to mean
continuous, part-time service in an employee's present classification, service in a
higher classification, or service in a classification allocated to the same salary range and
having generally similar duties and requirements. A lapse of service by any employee for a period
of time longer than 30 days by reason of resignation or discharge shall serve to eliminate
the accumulated length of service time of such employee for the purpose of this Resolution.
An employee re-entering the service of the City shall be considered as a new employee,
except that he may be re-employed within one year and placed in the same salary step
in the appropriate compensation range as he was at the time of the termination of employment.
Except that for Community Services employees, service shall be consecutive seasonal
summer employment with the City in the
Community Services Department.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The
following regulations shall govern salary advancements within ranges for employees
in Exhibit "A:"A. Merit Advancement. An employee may be considered
for advancement through the salary range upon completion of the minimum length of service as
specified in Section 3 above. Advancement through the salary range may be granted
only for continuous,meritorious, and efficient service, and continued improvement by the
employee in the effective performance of the duties of his position. A merit increase
shall become effective on the first day of the next pay period following the completion of the
length of service required for such advancement, and shall
require the following:1) The department head in the department which the
employee is employed shall file with the Personnel Director a Personnel Action
Form and a completed Performance Evaluation form recommending
the granting or denial of the merit increase and supporting
such recommendation with specific reasons therefore. Disapproval from
the Personnel Director,together with the reasons therefore, shall be returned
to
the department head.2) The recommendation of the department head, after
approval of the Personnel Director, shall be forwarded to the Payroll
Division of the Finance Department for change
of payroll status.B. Special Merit Advancement. When an
employee demonstrates exceptional ability and proficiency in the performance of his duties, his
department head may recommend to the Personnel Director that said employee be advanced to a
higher pay step without regard to the minimum length of service provisions contained
in this Resolution.The 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 the above paragraph
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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 head of the department in which he is employed with the approval of the Personnel
Director. Procedure for such reduction shall follow the same procedure as outlined for merit
advancement in Section 6, and such employee may be considered for re-advancement under
the same provisions as contained in subsection (A) of Section
6.SECTION 8. PROBATION. An employee scheduled in the duly adopted budget to
work on an average of at least 20 hours per week on a year-round basis initially appointed
or promoted to a class shall serve a probationary period during which time he shall have an
opportunity to demonstrate suitability for the job. Employees scheduled 20 hours or more per week,
shall serve a probationary period of 26 consecutive pay periods. Under certain conditions, with
approval of the Personnel Director, the department head may extend the probationary period.
The employee shall attain regular status in the class upon successful completion of the probationary
period. An employee who does not satisfy the standards of the class during the probationary period
shall be notified in writing and termination or demotion proceedings shall
be initiated.All part-time employees scheduled in the budget to work 19 hours or
less per week,probationary employees, and all seasonal employees are employed "At Will."
The City reserves the right to terminate the employment relationship at any time, with or without
cause, for "At-Will" employees. Initially appointed probationary, as well as all
other "At-Will" employees,shall not be
entitled to appeal termination.SECTION 9. PROMOTION. When an employee is promoted to a
position in a higher classification, he may be assigned to Step "A" in the appropriate
range for the higher classification. However, if such employee is already being paid at a rate equal
to or higher than Step" A", he may be placed in a step in that appropriate salary range as will
grant him an increase of at least one, but no more
than three salary steps.SECTION 10. DEMOTION. When an employee is demoted to a
position in a lower classification, his salary rate shall be fixed in the appropriate salary
range for the lower classification in accordance
with the following provisions:A. The salary rate shall be reduced by
at least one step.B. The new salary rate must be within the salary range
for the
classification to which demoted.SECTION 11. REASSIGNMENT OF COMPENSATION
RANGES. Any employee who is employed in a classification which is reassigned to a different pay
range from the previously assigned 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 shall result in the advancement of more
than one step, the Personnel Director may, at his discretion, at the time of
reassigmnent, place the employee in a step which will result in an increase
of
B. That if the reassigmnent shall be to a lower compensation range, the "F" step of
which shall be lower than the existing rate of pay at the time ofreassigmnent, the employee
shall continue to be paid at the existing rate of pay until such time as the new classification
shall be reassigned to a compensation schedule which will allow for further salary
advancement, or until such time as the employee is promoted to a position assigned to a
higher compensation range.
C. That if the reassigmnent is to a lower compensation range, the "F" step of which
is higher than the existing rate of pay of the employee, the employee shall be placed on that
step of the lower compensation range which is equivalent to the employee's existing rate of
pay. If there is no equivalent rate of pay, the employee shall be placed on the next highest
step. The employee shall retain credit for length of service previously acquired in such step
toward advancement to the next higher step.
SECTION 12. WORKING OUT OF CLASS. The City may work employees out of
classification for up to 20 consecutive working days without additional compensation. On the
21st consecutive working day the employee works out of classification and for each additional
consecutive working day the employee works out of classification, he shall be paid additional
compensation at the Step "A" of the class to which he is assigned, or 5% above the employee's
regular salary, whichever is greater. To qualify for working out of class pay, the employee must
be performing all of the significant duties of the higher level position and meet the minimum
requirements of the higher level class.
SECTION 13. OVERTIME (COMPENSATORY TIME).
A. COMPENSATORY TIME. An employee covered by this Resolution shall be entitled
to compensatory time for all hours worked in excess of 40 hours within the
employee's workweek. Compensatory time shall be accumulated at the rate of one-
quarter (V.) hour of compensatory time for each one-quarter (V.) hour of
overtime
worked.B. PREMIUM (TIME AND ONE-HALF) OVERTIME. Only time actually worked (
i.e.,not holiday, vacation, sick leave, or compensatory time) over 40 hours in
an FLSA work period shall be paid at the premium (time and one-half) rate either in
the form of payor compensatory time. FLSA exempt seasonal employees are
not entitled to receive
premium overtime compensation.C. COMPENSATORY TIME ACCUMULATION. Compensatory
time shall be accumulated to the nearest one-quarter (V.) hour
increment. Where an employee works less than one-quarter (V.) hour per day of
overtime, the employee shall not receive compensatory time, and such time shall not
count
toward the computation of overtime.D. ELIGffiILITY. In order to be entitled to
compensatory time, such compensatory time must be authorized by the department
head
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E. MAXIMUM COMPENSATORY TIME ACCRUAL. An employee shall not be
entitled to accumulate compensatory time in excess of 80 hours during any calendar
year. Any accumulated compensatory time accrued in excess of 80 hours per calendar
year shall be automatically paid on the first pay period of the new calendar year.
F. USE OF COMPENSATORY TIME.
a. Pavrnent of Compensatory Time. Overtime shall be paid at the regular rate of
payor equal time off, when authorized by the department head.
b. Pavrnent Upon Termination. Employees shall be entitled to receive payment
for all accumulated compensatory time upon their termination.
SECTION 14. CALLBACK COMPENSATION. If benefited employees are required to
report back to work after completing a normal work shift and have left the City premises and/or
work location, they shall be compensated in cash or as compensatory time off at the straight time
rate for the actual hours of work with a minimum of two (2) hours callback compensation,
regardless of whether the employee works less than two (2) hours. This provision shall be
applicable to employees although the employee's regular workweek is not completed, but shall
not apply to employees who are continuing on duty.
SECTION 15. HOLIDAYS.
A. Benefited employees shall receive the following paid holidays, based upon
proration of their hours if less than 40 per week:
I) January I (New Year's Day)
2) The third Monday in February (President's Day)
3) Last Monday in May (Memorial Day)
4) July 4 (Independence Day)
5) First Monday in September (Labor Day)
6) November 11 (Veteran's Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) One-half day before Christmas, if December 24 falls on a Monday
through Thursday (Christmas Eve; 4.5
hours)10) December 25 (Christmas
Day)11) A total of 9 hours of floating holiday
time B. In the event any of the above holidays, except Y2 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 Y2 day before
Christmas,the preceding Friday will be taken in lieu of the actual date on which the holiday
falls.C. In order to be eligible to receive holiday pay, an employee must have
worked,or be deemed to have worked because of an excused absence, the employee's
regularly scheduled day before and regularly scheduled day after the holiday. Probationary
benefited employees are provided with and are eligible to use floating holiday and fixed
holiday hours, according to the guidelines established in this Section, and/or with approval of
the Personnel
Director.
D. Should one of the holidays listed above fall during an employee's vacation
period while an employee is on an excused absence with pay, the employee shall receive
holiday pay and no charge shall be made against the employee's accumulated vacation.
E. Notwithstanding the above, floating holiday hours shall be taken at the
convenience of the City with approval of the department head or his duly authorized agent.
For purposes of this benefit, employees will have credited one floating holiday as of
January 1. This floating holiday shall be taken as time off from work no later than
December 31 of the sarne year. The floating holiday is not accumulative and shall be
forfeited should it not be taken during the year it was earned. Employees under this section
who terminate their employment with the City prior to using the floating holiday shall
receive cash reimbursement for said holiday.
F. All employees required to work on a holiday listed above, with the approval of
their supervisor, shall receive double time pay for hours worked on the holiday, or time off
equal to the number of hours the employee actually worked on the holiday. Employees
who work in excess of their regular number of hours on a holiday listed above, shall receive
double time pay for all such hours actually worked. Employees shall receive no other
compensation whatsoever for working on a holiday.
SECTION 16. VACATIONS.
A. Benefited employees who have one year's continuous service, shall receive the
following vacation hours per year, based upon proration of their hours if less than 40 per
week:
After Years
of Service
1 thru 4
5 thru 10
11
12
13
14
15 thru 24
25 or more
Vacation Hours
Per Year
80
120
128
136
144
152
160
200
B. 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. Vacation hours not in excess of the equivalent number of
hours earned in the immediately preceding 24-month period may be accumulated with
the permission of the department head and the Personnel Director. Employees shall
not accumulate vacation in excess of the equivalent number of hours earned in the
immediately preceding 24-month period. All vacation hours in excess of the equivalent
number of hours earned in the immediately preceding 24-month period not taken
by the employee
shall
C. An employee may convert up to 50% of his current annual vacation accrual into
pay in lieu of time off with pay. An employee requesting such a conversion must meet the
eligibility requirements as set forth in Section 16(A) and may so convert once in a calendar
year.
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D. Employees who terminate their employment with the City shall be paid for all
accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation
shall be on the basis of 1/12th of the employee's annual vacation pay for each full month of
servIce.
E. Probationary benefited employees accrue vacation, but may not use vacation
until successful completion of an initial probation period, except in the event of a City Hall
holiday closure, with approval of the PersomIel Director.
SECTION 17. PART-TIME AND TEMPORARY EMPLOYEE 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 duly adopted budget to work 20 or more hours per week on
a year-round basis (52 weeks
minus approved leave).11. Temporary part-time employees shall be
those employees scheduled in the approved budget to work less than 20 hours per
week on a year-round basis (52
weeks minus approved leave).iii. Seasonal employees shall be those employees who
are scheduled in the budget to work on less than a year-
round basis regardless
of
hours worked per week.I B. Entitlement to Fringe Benefits Upon
Proration of Hours. Benefited part-time employees shall receive fringe benefits in proportion to the
number of hours an employee is scheduled in the budget to work to the normal 40-
hour week on an annual basis. The annual schedule for all part-time employees shall
be the schedule that is included in the City's approved budget or a
schedule that is designated by Management at the commencement of the employee's
employment with the City. This formula of proration shall apply to holiday
pay, vacation, sick leave, medical
insurance contribution, disability insurance contribution, and retirement contribution.C. Temporary and seasonal
employees shall be entitled to receive no fringe benefits provided for in this Resolution or
in any resolution
of
SECTION 18. LEAVES OF ABSENCE.
A. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described
herein, the following Leave Without Pay procedure shall apply:
1. After all available leave benefits, including vacation, compensatory time, sick leave,
and other leave benefits have been completely used, a regular employee, not under
suspension, may make written application to the department head for leave without
pay. 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.
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 emplovee 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 are on long term disability leave.
5. At the end of such leave, if the employee desires additional leave, written application
must be made through the department head to the Personnel Director at least ten (10)
days before the end of the six (6) month period, stating the reasons why the additional
leave is required and why it would be in the best interests of the City to grant such
leave of absence. If such additional leave is merited and would still preserve the best
interests of the City, he may approve such extension of the leave of absence for a
period up to but not to exceed an additional six months.
6. If the employee does not retum 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.
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10. Such leave shall be granted on the same basis for pregnancy, childbirth, and other
medically related conditions, except that such an employee shall retain her seniority
rights.
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11. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
B. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated for
regular part-time employees in accordance with the
following:1) For employees working a regular 40-hour week, eight (8) hours of
sick leave will accrue for each month of continuous service. Probationary
employees may use accrued sick leave during their
probation period.2) Any employee eligible for sick leave with pay may use such leave
for the
following reasons:a) Medical and dental office appointments during work
hours when authorized by the department head or his authorized agent;
and/or b) Personal illness or physical incapacity resulting from causes
beyond the employee's control; including pregnancy, childbirth and
other medically
related conditions.c) Notwithstanding subsection (3) (b) above, no employee shall
be eligible or entitled to sick leave with pay for any illness or injury arising
out of and in the course of
City Employment.d) Family Leave. Benefited employees may use up to one-
half of their annual sick leave accrual, per calendar year, for family
related
illness
or InJury.I 3) Sick Leave Application. Sick leave may be applied only to
absence caused by illness or injury of an employee and may not extend to absence
caused by illness or injury of a member of the employee's family except as
provided in Subsection B (2)( d) above. In any instance involving use of a fraction of a day'
s sick leave,the minimum charged to the employee's sick leave account shall
be Y, hour,while additional actual absence of over Y, hour shall be charged
to the nearest full hour. Sick leave shall only be used for the purposes
stated and the department head shall be responsible for control of employee abuse
of the sick leave privilege. Employees may, upon prior notice, be required
to furnish a certificate issued by a licensed physician or nurse or
other satisfactory written evidence of
any
4) Upon retiring from City service and entering the Public Employees' Retirement
System, 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 accrued
sick leave after the first 60 days of accrued sick leave (481 to 720 hours), and
50% of all accrued sick leave thereafter (721 hours and up).
5) Upon the death of an employee while employed by the City, 100% of all accrued
sick leave benefits shall be paid to the beneficiary of the deceased employee.
Payment will be made when proper authorization for payment is received from
the estate ofthe decedent employee.
6) Notwithstanding any other provision herein, an employee who is initially hired
after July 1, 1980 shall be allowed to accumulate and be credited with sick leave
with pay only up to a maximum of 620 hours. Sick leave hours in excess of
such maximum shall be forfeited.
7) As set forth above, sick leave may not be utilized for service connected illness
or injury. A state or federally funded grant employee who is not otherwise
eligible or entitled to industrial leave benefits may utilize accrued sick leave
during the statutory waiting period in order to supplement his workers'
compensation benefits to a sum equal to the difference between his wages and
workers' compensation benefits to the extent of such sick leave accruals.
C. BEREAVEMENT LEAVE. Benefited employees shall be entitled to take up to
three days of paid bereavement leave per incident on the following terms and
conditions:
1) Bereavement leave may only be used upon the death or critical illness where
death appears to be imminent in the employee's immediate family. "Immediate
family" as used in this subsection, shall be limited to any relation by blood,
marriage or adoption, who is a member of the employee's household (living at
the same address) and any parent, legal guardian, parent-in-
law, brother-in-law,sister-in-law, grandparent, grandchild,
aunt, uncle, spouse, child, brother, or sister
of the employee regardless of residence.2) Days of absence due to bereavement leave
shall not exceed three 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.D. PERSONAL NECESSITY LEAVE. Employees may
be allowed up to one (1)working day per month without pay, up to a maximum of
six (6) working days per calendar year, for personal business with prior approval
of the department head. Employees shall accrue no employment benefits for any personal necessity leave
in excess of six (6) days per calendar year. In any instance involving use of a fraction
of a day's personal necessity leave, time taken shall be to the nearest one-half
hour,
with
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E. 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 City's Administrative Manual, Personnel Section, #2.34. Any provisions not set forth
in the Administrative Manual are set forth in the Department of Labor regulations
implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the
regulations of the California Fair Employment and Housing Commission implementing the
California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless
otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and
CFRA.
An employee's request for leave is subject to review and final approval of the
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 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
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 19. LIFE INSURANCE. The City shall contribute
the full premium towards a 23,000 life insurance policy
for each ofthe benefited employees.SECTION 20. LONG-TERM DISABILITY
INSURANCE. The City shall contribute the full premium toward a long-term disability
plan covering eligible benefited employees that pays 60% of salary after a 60-day elimination period, up to
a
SECTION 21. HEALTH BENEFITS.
The City shall continue to contract with the Public Employees' Retirement System (PERS)
to make available those health insurance benefits provided under the Public Employees' Medical
and Hospital Care Act (PEMHCA).
A. The City shall contribute toward the payment of premiums under the PERS Health
Benefits Plan on behalf of each eligible retiree annuitant of PERS, to the extent required
by law, a contribution of $48.40 per month. Effective January 1, 2006, this amount shall
increase to $64.60 per month for retiree annuitants.
B. Flexible Benefits Plan. The City shall establish a Section 125 Flexible Benefits Plan for
benefited employees and pay the following monthly amounts to provide funds for
optional dental plans, vision plans, health plans, or miscellaneous pay, based upon
proration of hours ifless than 40 per week:
C. The City Manager reserves the right to adjust the flexible benefits plan contributions for
employees covered by this Resolution at any time during the life of this Resolution to
reflect insurance contributions provided to employees in the Orange Municipal
Employees' Association (OMEA) unit.
D. Any amounts in excess of the amounts designated in Section 21 B necessary to maintain
benefits under any benefits plans selected by the employee shall be borne by the
employee.
E. An employee cannot be emolled in the PERS Health Benefits Plan if a spouse is emolled
in the same agency or emolled in an agency with PERS Health, unless the employee (or
the spouse) is emolled without being covered as a family member.
F. An employee may choose to not be emolled in the Health Benefits Plan. If an employee
chooses not to be enrolled in the health plan, the employee must provide proof, as
determined by the 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 $330.00 per month toward the Flexible Benefits Plan. In the
event that the employee loses eligibility (with documentation) then the employee may re-
enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan.
SECTION 22. RETIREMENT.
A. All benefited employees shall participate in the Public Employees' Retirement
System. The City shall maintain its contribution of8% of the employee's share
to the Public Employees' Retirement System. Employees will be provided an
annual report showing the amount of contribution so made.
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B. Effective June 29, 2003, the City shall provide the PERS 2.7% @ age 55
Retirement Program. Effective 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 covered
herein C. The City will provide the 1959 PERS Survivor Benefit at the Third
Level
Option.D. All employees not covered under the Public Employees' Retirement
System shall participate in a defined contribution retirement plan in lieu of
Social Security contributions. The City shall contribute 3.75% of the employee'
s eligible earnings towards the retirement plan. Part-time
employees shall contribute 3.75% of their eligible earnings toward the
retirement plan.SECTION 23.
GRIEVANCE PROCEDURE.A. Definition of Grievance. A grievance shall be defined as a timely
complaint by an employee or group of employees concerning the interpretation or application
of specific provisions of this Resolution of the Rules and Regulations governing
personnel practices or working conditions of the City. Grievances shall not include disciplinary
actions taken against "
At-Will" employees.B. Business Days. Business days mean calendar days,
exclusive of Saturdays,Sundays, and legal holidays recognized
by the City.C. Time Limits for Filing Written Formal Grievances. The time
limits for filing written formal grievances shall be strictly construed, but may be
extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative
of the City and the grieving party. Failure of the grieving party to comply with any of
the time limits set forth hereunder shall constitute waiver and bar further processing
of the grievance.Failure of the City to comply with the time limits set forth in
this Section shall automatically move the grievance to the next level in
the
Grievance Procedure.I D. Informal Process. An employee must first attempt to resolve a
grievance on an informal basis by discussion with his immediate supervisor
without undue delay.Every effort shall be made to find an acceptable solution to the
grievance by these informal means at the most immediate level of supervision. At no time
may the informal process go beyond the division head concerned. In order that this
informal procedure may be responsive, all parties involved shall expedite this process. In no case may
more than 10 business days elapse from the date of the alleged incident giving rise to
the grievance, or when the grievant knew or should have reasonably become aware of the facts
giving rise to the grievance and the filing of a written formal grievance with the Personnel
Director of the City, with a copy to the department head in which the employee
works. Should the grievant fail to file a written grievance within 10 business days from the
date of the incident giving rise to the grievance, or when grievant knew or
should have reasonably become aware of the facts giving rise to the grievance, the grievance shall
be
barred
E. Formal Process. Personnel Director. Department Head. If the grievance is not
resolved through the informal process, a written grievance is filed within the time limits set
forth above, the grievant shall discuss the grievance with the Personnel Director and the
department head. The Personnel Director and the department head shall render a decision
and comments, in writing, regarding the merits of the grievance and return them to the
grievant within 10 business days after receiving the grievance.
F. Formal Process. City Manager. If the grievance is not resolved in E above, or if
no answer has been received from the Personnel Director and department head within 10
business days from the presentation of the written grievance to the Personnel Director and
department head, the written grievance shaH be presented to the City Manager, or his duly
authorized representative, for determination. Failure of the grievant to take this action will
constitute a waiver and bar to the grievance, and the grievance will be considered settled on
the basis of the last Management grievance response. The City Manager, or his duly
authorized representative, shall render a final decision on the merits of the grievance and
comments, in writing, and return them to the grievant within 10 business days after
receiving the grievance. The City shall instruct its supervisors on the proper use and
implementation of this grievance procedure and every reasonable effort shall be made by
the employee and the supervisor to resolve the grievance at the informal step.
SECTION 24. TRAVEL EXPENSE ALLOWANCE.
A. Automobile Allowance. Expense claims for the use of private automobiles
must be submitted through the department head to Accounts Payable for reimbursement
Such use, if approved, 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
to
the employee.C. Tourist Class Airplane Passage will be considered standard
for out-of-
town travel, where appropriate.D. Use of Personal Cars for out-of-City trips, within
the State, may be approved by the City Manager when use of commercial transportation is
not available or practical. If an employee prefers to use his personal car, he may be reimbursed
the amount of the cost of commercial transportation, or the IRS mileage rate, whichever
is less. The rate per mile allowed under the current IRS regulations may be approved
for use of personal cars
when City cars are not available E. When Air, Rail or Public
Transportation is used, expense for local transportation, such as taxicabs and bus fare,
will be allowed whenever such transportation is
necessary
I
I
1) Expense will be allowed for adequate lodging. Hotel accommodations
should be appropriate to the purpose of the trip.
2) Telephone and telegraph charges will be allowed for official calls.
3) Expenses for meals will be reimbursed according to Finance
Administrative Policy No. 4.13.
SECTION 25. EFFECTIVE DATES. This Resolution shall become effective on July 1,
2005 through June 30, 2007 unless otherwise amended.
Adopted this 10th day of May, 2005.
of Orange
I 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 10th day of May, 2005 by
the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
t4 {if
MaryE.y, 'ity Clerk 0 ty of Orange
15
EXHIBIT "A"
CITY OF ORANGE
PART-TIME AND SEASONAL
EMPLOYEES
I HOURLY
RATES Effective Julv 1.
2001 New STEP STEP STEP
STEP CLASSIFICATION TITLE Range A B C
D Assistant Pool Manager 317 10.00 10.51 11.
05 Community Services Leader I 2577.41 7.79 8.
19 Community Services Leader II 277 8.19 8.61 9.
05 Community Services Leader III 297 9.05 9.51 10.
00 Engineering Intern 32610.46 10.99 11.
55 Management Intern 309 9.61 10.10 10.
62 Park Maintenance Helper 266 7.75 8.15 8.
57 Parking Control Aide 344 11.44 12.02 12.64 13.
28 Police Academy Trainee 393 2532 <
monthly Police Cadet I 260 7.52 7.91 8.
31 Police Cadet II 282 8.40 8.83 9.
28 Police Reserve Levell 409 15.82 16.6317.
48 Police Reserve Level 2 369 12.96 13.6214.
31 Police Reserve Level 3 34911.73 12.33 12.
96 Pool Manager 337 11.05 11.61 12.
20 School Crossing Guard 2828.40 8.83 9.
28 School Crossing Guard Supv 322 10.25 10.78 11.
33 SwimInstructor/Lifeguard 307 9.51 10.00 10.
51 Swimming Attendant 257 7.41 7.798.
19
I
EXHIBIT "A" - Continued CITY
OF ORANGE PART-
TIME AND SEASONAL EMPLOYEES
I
HOURLY RATES
Effective June 26, 2005
5.0% Across-the-Board Salary Increase plus Salary Inequity Adjustments
Ranging from 0.5% up to
7.0%NEW STEP STEP
STEP STEP CLASSIFICATION TITLE Range A B
C D Assistant Pool Manager 341 11.27 11.84 N/A
N/A Community Services Leader I 277 8.19 8.61 N/A
N/A Community Services Leader II 297 9.05 9.51 N/A
N/A Community Services Leader III 317 10.00 10.51 11.05
N/A Engineering Intern 336 11.00 11.56 12.14
N/A Management Intern319 10.10 10.62 11.16
N/A Park Maintenance Helper 286 8.57 9.01 9.46
N/A Parking Control Aide 363 12.58 13.22 13.89
14.60 Police Academy Trainee 404
2675 <Monthly Police Cadet I280 8.31 8.74 9.18
N/A Police Cadet II 302 9.28 9.75 10.25
N/A Police Reserve Level I 424 17.05 17.92 18.84
N/A Police Reserve Level 2 384 13.97 14.68 15.43
N/A Police Reserve Level 3 364 12.64 13.29 13.96
N/A Pool Manager361 12.46 13.09 13.75
N/A School Crossing Guard 292 8.83 9.28 9.75
N/A School Crossing Guard Supv 332 10.78 11.33 11.90
N/A Swim Instructor/Lifeguard 321 10.20 10.72 N/A
N/A Swimming Attendant 271 7.95 8.35 N/A
N/
A
EXHIBIT "A" - Continued CITY
OF ORANGE PART-
TIME AND SEASONAL EMPLOYEES
I
HOURLY RATES
Effective June 25, 2006
3.0% Across-the-Board
Salary Increase NEW STEP STEP
STEP STEP CLASSIFICATION TITLE Range A B
C D Assistant Pool Manager 347 11.61 12.21 N/A
N/A Community Services Leader I 283 8.44 8.87 N/A
N/A Community Services Leader II303 9.32 9.80 N/A
N/A Community Services Leader III323 10.30 10.83 11.38
N/A Engineering Intern342 11.33 11.91 12.51
N/A Management Intern 325 10.41 10.94 11.49
N/A Park Maintenance Helper 292 8.83 9.28 9.75
N/A Parking Control Aide 369 12.96 13.62 14.31
15.05 Police Academy Trainee 410
2756 <Monthly Police Cadet I 286 8.57 9.01 9.46
N/A Police Cadet II 308 9.56 10.05 10.56
N/A Police Reserve Level I 430 17.57 18.47 19.41
N/A Police Reserve Level 2 390 14.39 15.13 15.89
N/A Police Reserve Level 3 370 13.03 13.69 14.39
N/A Pool Manager 367 12.83 13.49 14.18
N/A School Crossing Guard 298 9.10 9.56 10.04
N/A School Crossing Guard Supv 338 1111 11.67 12.27
N/ASwim Instructor/Lifeguard 327 10.51 11. 05 N/A
N/A Swimming Attendant 277 8.19 8.61 N/A
N/
A