RES-9828 Executive Directors & Top Management Terms of EmploymentRESOLUTION NO. 9828
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. 9717 AND
AMENDMENTS THERETO.
WH]~REAS, the employees covered by this resolution constitute management personnel; and
WH]~REAS, the City Council has consulted with the City Manager and Personnel Director
concerning the proposed employment terms contained herein; and
WHEREAS, the City Council has determined that this resolution shall set forth the wages,
hours, and conditions of employment for the period of March 1, 2004 through February 28, 2005 for
those management employees covered herein;
NO'V, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
authorizes staff to adjust the Fiscal Year 2003/04 budget to reflect the changes approved in this
resolution, and that the wages, hours and conditions of employment for the period of March 1, 2004
through February 28, 2005 be adopted and set forth as follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic
compensation plan for all executive directors and top management employees of the City of Orange who
are now employed, or will in the future be employed in any of the classifications of employment listed in
this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it shall
be understood to include the feminine gender. Whenever the term "department head" is used, it shall be
understood to include the City Manager when the personnel action affects a department head.
SECTION 2. SALARY AND WAGE SCHEDULE. The monthly salaries for employees
covered by this Resolution are hereby incorporated, and listed in Exhibits "A" and "B."
The attached salary and wage schedules shall constitute the basic compensation plan consisting of
six steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters "A" to "F" inclusive.
The minimum length of service required for advancement to the next higher step, is provided in Section
5 and 6.
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The
compensation ranges and steps contained in the attached salary schedule are monthly compensation
rates,
For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate
multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be
calculated to the nearest 1/2 cent.
Part-time employees who are scheduled to work an average of at least 20 hours per week on a
year-round basis may be considered for advancement to the next higher step upon completion of 2080
hours of employrm:
nt.SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate
shown in Step "A" in the range allocated to the class of employment for which he has been hired, except that
on the request of the department head under whom the employee will serve, and with the authorization
of the Personnel Director, such employee may be placed in Step "B" through "F" depending upon
the employee's
qualifications,SECTION 5. SERVICE. The word "service,'" as used in this Resolution, shall be defined
to mean continuous, full-time service in the employee's present classification, service in
a higher classification, or service in a classification allocated to the same salary range and
having generally similar dutie:s and requirements. A lapse of service by any employee for a period of time longer
than 30 days by reason of resignation or discharge shall serve to eliminate the accumulated length of
service time of such employee for the purpose of this Resolution. Such employee re-entering the service
of the City shall be considered as a new employee, except that he may, at the discretion of the
City, be re-employed within one year and placed in the same salary step in the appropriate compensation range
as he was at the time
ofthe termination of employment.SECTION 6. ADV ANCEMENT 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 kngth of service. The
effective date of such merit increase, if granted, shall be the first day of the next pay period following
the completion of the length of service required for such advancement. Advancement through the
salary ranges steps "A"through "F" may be granted only for continuous, meritorious, and
efficient service, and continued improvement by the employee in the effective perfomlanc1e of the duties of
his position_ Such merit advancement
shall require the following:1) The department head shall file with the Personnel Director a
Personnel Action Form and a completed performance evaluation recommending the granting or
denial of the merit increase and supporting such recommendation
with specific reasons therefore.Disapproval from the Personnel Director, together with the
reasons therefore, shall be returned
to the department head.2) The recommendation of the department head and the approval
of the Personnel Director shall be forwarded to the Payroll Division of Finance for
change of payroll status.3) Advancements through thepay ranges Step '''A'' through Step "F",
shall occur, if
granted,in yearly increments.4) A lapse of service of 30 continuous calendar days or more for any
reason shall extend the due date for the merit perfonnance evaluation by an equal
number
B. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, the department head may recommend to the Personnel
Director that the employee be advanced to a higher pay step without regard to the minimum length of
service requirements contained in this Resolution. The Personnel Director may, on the basis of a
department head's recommendation, approve and effect such an advancement.
c. ]:'-ength of Service Required When Advancement is Denied. When an employee has not been
approved for advancement to the next higher salary step, he may be reconsidered for such advancement
at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same
action as provided in Section 6.A. above.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a
salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the
department head with the approval of the Personnel Director. Such reduction shall take place only after
the employee has been notified of the reasons and has had an opportunity to respond. Procedure for such
reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such
employee may be considered for re-advancement under the same provisions as contained in
Subsection C of Section
6.SECTION 8. SPECIAL
ASSIGNMENTS.A. Jelephone/City Council Assignment. Effective July 1, 1996, the employee assigned
the responsibility of maintaining the Citywide telephone system may receive up to $100 per month
bonus based on criteria established by the Personnel Director. Furthermore, the Administrative
Secretary assigned to the Mayor and City Council will receive an additional $150 per month bonus
pay.B. J3ilingual Assignment. Employees covered by this Resolution may be assigned by
the department head, with approval of the Personnel Director, to a bilingual assignment. Employees
on bilingual assignment shall receive an additional $140,00 per month, per employee, in addition to
their regular monthly salary, for the duration of the assignment. Employees receiving Bilingual
Assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis
as determined by the Personnel Services
Department.SECTION 9. INCENTIVE PAY PLAN. The City Manager may, for the employees
covered by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at
his full
discretion.SECTION 10. PROMOTION. When an employee is promoted to a position in a
higher classification, he may be assigned to the step in the new salary range which provides for at least a
five percent (5%) increase, With the approval of the department head and Personnel Director, the
employee may be placed in the step in the new salary range as will grant him an increase of at least one, but
not more than three salary
steps.SECTION 11. DEMOTION. When an employee is demoted to a position in a
lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification
in accordance with the following
provisions:
A. The salary rate shall be reduced by at least one step.
B. The new salary rate must be within the salary range for the classification to which the employee
was demoted.
SECTION 12. REASSIGNMENT OF COMI)ENSATION RANGES. Any employee who is
employed in a classification which is assigned to a different pay range shall be retained in the same
salary step in the new range as he has previously held in the prior range, and shall retain credit for length
of service in such step toward advancement to the next higher step; provided, however:
A. That if such retention results in the advancement of more than one step, the Personnel
Director may, at his discretion, at the time of reassignment, place the employee in a step which will
result in an increase of only one step.
B. That if the reassignment is to a lower compensation range, the "F" step of which is lower than
the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing
rate of pay until such time as the position is reassigned to a compensation schedule which will allow for
further salmy advancement, or until such time as the employee is promoted to a position assigned to a
higher compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of which is higher
than the existing rate of pay, the employee shall be placed in that step of the lower compensation range
which is equivalent to the existing rate of pay, and shall n::tain credit for length of service previously
acquired in such step toward advancement to the next higher step, If there is no equivalent step, the
employee shall be placed in the step which is closest to, but not less than, his current salary step,
SECTION 13. AT-WILL STATUS. Department heads and the Assistant City Manager,
other than the City Attorney, serve at the pleasure of the City Manager, and consideration for
advancement,reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager and
in accordance with the Orange Municipal Code. In addition, all employees covered by the Resolution
are employed
at-will.SECTION 14. CITY MANAGER AND CITY ATTORNEY. The compensation and
terms of employment of the City Manager and City Attorney shall be as set forth herein, provided
that any contrary written terms established by the City Council which provide a greater benefit than
provided for in this Resolution
shall prevail.SECTION 15. ADMINISTRATIVE LEAVE. Employees covered by this
Resolution are exempt from Fair Labor Standards Act overtime provisions as executive,
administrative, and professiona'. employees. This Resolution establishes a pay system which provides all
covered employees with sick It:ave and other leave which covered employees use for purposes of
public accountability.However, the City will provide paid administrative leave as
fi)llows:A. Regular full-time employees identified in Exhibit "A" shall accrue 63
hours of administrative leave annually
for continuous service;B. Regular full-time employees identified in Exhibit "B" shall accrue
54 hours of administrative leave
annually for continuous service;C. Employees hired after January 1 of each year shall receive a
prorated portion of the administrative leave during their first
calendar
D, The minimum charge to the employee's administrative leave account shall be 12 hour, while
additional actual absence of over Y2 hour shall be charged to the nearest full hour; Usage of
administrative leave shall be at the convenience of the City with the approval of the respective
department head or City Manager;
E. All administrative leave shall be accrued at the beginning of the pay period which includes
January 1 of each year; and
F. Administrative leave not used by December 31 in the calendar year in which it is accrued
shall be forfeited and shall not be paid upon separation of employment with the City.
SECTION 16. HOLIDAYS. Employees covered by this Resolution shall receive the following
paid nine (9)-hour holidays, except as provided in #9:
1) January 1 (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)A. Floating Holidays. In addition to the above, employees will have credited to their paid
leave balance 22.5 floating holiday hours beginning January 1 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
calendar year of employment. All floating holiday hours shall be taken as time off from work no later
than December 31 of the year in which such hours are eamed or otherwise shall be forfeited. The
floating holiday hours shall be taken at the convenience of the City with the approval of the City Manager or
the department head_ Employees under this section who terminate their employment with the City prior
to using the floating holiday hours shall receive cash reimbursement for all remaining floating
holiday
hours.B. .Holidays on Certain Days of the Week. In the event any of the above holidays, except
one-half day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date
on which the holiday falls. When any of the above holidays fall on a Saturday, except one-half
day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday
falls. When any of the above holidays falls on an employee's regularly scheduled day off during the:
week, except one-half day before Christmas, employees will be credited with nine (9) hours
of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by the end
of the calendar year in which
it was accumulated.C. Eligibility to Receive Holiday Pay. In order to be eligible to receive
holiday pay, an employee must have worked, or be deemed to have worked because of a lawful absence,
the employee's regularly scheduled day before and regularly scheduled day after the holiday.
Newly hired employees are provided with and are eligible to use floating holiday and fixed holiday hours,
according to the guidelines established in this Section, and/or with approval
ofthe
D. Holidays During Vacation. Should one of the holidays listed above fall during an employee's
vacation period while an employee is lawfully absent with pay. the employee shall receive holiday pay
and no charge shall be made against the employee's accumulated vacation.
SECTION 17. VACATIONS.
A. Vacation Accrual. All full time regular employees described herein, who have one year
continuous service shall thereafter accrue paid vacation in accordance with the following schedules.
1) For employees described herein in Exhibit '''A'', as well as the City Manager, the following
s,~hedule 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
2) For employees described herein in Exhibit "B", the following schedule shall apply after one
1) year's continuous service:
After Year(s)
of service
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Vacation Hours
Per Year
104
114
124
134
144
148
152
156
160
164
168
172
176
180
184
After Y ear( s )
of ~~rvice
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
6
Vacation Hours
Per Year
188
192
196
200
204
208
212
216
220
224
228
232
236
240
244
B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City
with the approval of the department head. Where possible, such vacation should be taken annually and
not accumulated from year to year. Employees shall not accumulate vacation in excess of the equivalent
number of hours earned in the immediately preceding 24-month period. Employees with less than
one 1) year's continuous service shall accrue vacation but may not use vacation until successful
completion of one (1) year's continuous service, except in the event of a City Hall holiday closure, with approval
of the Personnel Director. Employees whose accumulated vacation reaches the above-defined
limit shall receive no additional vacation accrual until such time as the accumulated vacation hours fall
below the
allowable limit C. Vacation Conversion. An employee may convert a maximum of up to 50% of
his current annual vacation accrual into pay in lieu of time off with pay on an annual basis. An
employee requesting such conversion must meet the eligibility requirements as set forth in Section 17 (A)(1 )(2)
and may convert twice in a calendar year, within the cap provisions stated above. Any exception to
this provision requires the approval of the Personnel Director. Employees participating in the
Retirement Health Savings Phm shall have their allowable vacation hours eligible for conversion to cash reduced
by the prior year floating holiday hours and administrative leave hours cashed out for contribution
to the Retirement Health
Savings Plan.D. Vacation Payout Upon Termination. Employees who terminate their employment
with the City shall be paid for all accrued vacation, if any, and the prorated portion of their
final accrual.Prorated vacation shall be on the basis of one-twelfth (1112) of the employee's annual
vacation pay for each full
month of service.SECTION 18. PART-TIME.
TEMPORARY. AND SEASONAL EMPLOYEES
ELIGIBILITY FOR FRINGE BENEFITS.A )Definitions. Nothing contained herein shall guarantee to any employee
a specitled number of hours per day or days per week or weeks per year or months
per year of work.1) ]R.egular part-time employees 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) Jemporarv part-time employees shall be those
employees scheduled in the budget to work less than 20 hours per week on a
year-round basis (52 weeks minus approved leave).3) Seasonal employees shall be those employees who
are scheduled in the budget to work on less
than a year-round basis regardless of hours worked.B. l~ntitlement to Fringe
Benefits Based Upon Proration of Hours. Regular part-time employees shall receiv1e fringe benefits in proportion to the
number of hours an employee is scheduled in the budget to
work to the normal 40-hour week on an annual basis,The annual schedule for
all eligible part-time employees shall be the schedule which is included in the City's approved
budget or a schedule which is designated by Management at the commencement of the employee's employment
with the City. This formula of proration shall apply to holiday pay,
vacation,
purchase retirement plan, and PERS retirement contribution. Regular part-time employees may
receive step increases provided they have performed 2080 hours of
service.C. Temporary and seasonal employees shall be e:ntitled to receive no fringe benefits provided
for in the resolution or in any resolution of the City unless otherwise required by
law.SECTION 19. LEAVES OF
ABSENCE.A. Leave of Absence Without Pay. For all regular employees as described herein, the
following Leave Without Pay procedure shall
apply:1) After all available leave benefits, including vacation, compensatory time, sick leave,
and other leave benefits have been completely used, a regular employee, not under
suspension,may make written application to the department head for leave without payor benefits.
No such leave will be considered absent a written application from the employee
requesting
leave.2) If the department head and the Personnel Director abTfee that such leave is merited and in
the interest of the City, leave may be granted for a period not to exceed six (6) months
following the date of expiration of all other allowable leave benefits. The employee shall not
be continued "in service" as that term is defined in this
Resolution,3) No employment or fringe benefits such as sick leave, vacation, health insurance,
retirement,or any other benefits shall accrue to any employee on leave of absence without pay except
as denoted under the FCML section below. During such leave in excess of five working
days,no seniority shall be
accumulated.4) Subject to and consistent with the conditions of the group health, life or disability
plan,coverage may be continued during a leave, provided direct payment of the total premium
by the employee is made through and as prescribed by the Payroll Division of the City. The
City will pay up to six months of the Flexible Benefit Plan contribution for employees who are
on long term disability
leave.5) At the end of any approved leave, if the employee desires additional leave,
written application must be made through the department head to the Personnel Director at least
ten 10) days before the end of the approved leave, stating the reasons why the additional leave
is required and why it would be in the best interests of the City to grant such leave of
absence.If such additional leave is merited and would still preserve the best interests of the City,
the Personnel Director may approve such extension of the leave of absence for a period up to,
but not to exceed, an additional six
months,6) If the employee does not return to work prlor 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 PersOImel Director and department head may be subject
to termination.
9) Any employee who falsifies the reason for the request for said leave of absence may be
terminated.
10) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically
related conditions, except that such an employee shall retain hislher seniority rights.
11) Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
B. Personal Necessity Leave, Employees may be allowed up to three (3) working days per
month without pay for personal business with approval of the department head, or in the case of
department heads, the City Manager. Employees shall accrue no employment benefits for any personal
necessity leave in excess of three days per month_ Such personal necessity leave shall be without pay
and shall not be accumulated from month to month.
C. Jury Duty and Services as Witness for City_ When required to serve on a jury, all employees
shall be provided with paid time off for a period of actual service required on the jury, provided all jury
fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. If
an employee is called as a witness on behalf of the City, he shall receive his normal pay for the time
spent by the employee serving as a witness for the City, An employee shall be required to pay any
witness fees that accrue to the employee for his witness service to the City as a condition of receiving his
normal pay while serving as a witness for the City. Any exceptions to this provision must meet the
approval of the Personnel Director.
D. Military Leave of Absence. If an employee is required to take military training two weeks or
more each year, he shall be entitled to military leave of absence under the provisions of State law, found
in applicable sections of the Military and Veterans' Code,
E. ,Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance
with the following:
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-half (112) hour for each one-
half (112) 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;
b) Personal Illness or physical incapacity resulting from causes beyond the employee's
control, including pregnancy, childbirth, and other medically related conditions.
4) Sick Leave Application. Sick leave may be applied only to absence caused by illness or
injury of an employee and may not extend to absence caused by illness or injury of a
member of the employee's family except as provided for in Subsection F below,
5) Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the
minimum charged to the employee's sick leave account shall be one-half hour,
while additional actual absence of over one-half 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 abus(~ of the sick
leave privilege.Employees may, upon prior notice and in the complete discretion of the
department head,be required to furnish a certificate issued by a licensed physician or nurse
or other satisfactory written evidence of any subse:
quent illness.6) Sick Leave Payout Program. Unused sick leave shall be paid off according
to
the following:a) All sick leave accrued prior to January I, 1992 shall fall under the
following
payout formula:1) Accumulated sick leave balances as of December 31, 1991 shall be set aside
in a designated sick leave account and no further accumulation will be placed in
this bank.This accumulated sick leave will be available for the employee's use according
to the provisions outlined in Section E. (2), (3)
and (4).2) Upon retiring from City service and enteling the Public
Employees' Retirement System, an employee shall receive pay for 50% of all accrued sick
leave hours.3) Upon separation from City service f,:)r reasons other than retirement with
PERS, an employee shall receive no pay for the first 60 days of accrued sick leave (0
to 480 hours), but shall receive 25% pay for the first 30 days of 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).4) Upon the death of an employee while employed by the City, 100% of all
accrued sick leave benefits accrued prior to January 1, 1992 shall be paid to the beneficiary
of the deceased employee. Payment will be made when proper authorization for
payment is received from the estate of the decedl;
mt employee.b) All sick leave accrued after December 31, 1991, shall be placed in a new
accrual bank and have no maximum accrual amount. Any hours accumulated in this bank
shall be eligible for the following
payout
1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have the
option to convert up to 40 hours of their unused sick leave to vacation in the first pay
period of the following year.
2) Employees with sick leave usage of 27,5 to 36.0 hours per calendar year may convert
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 both
sick leave banks, available after conversion. In addition, no hours will be converted
to vacation if said conversion places the employee's vacation bank over the maximum
allowable accrual. Conversion of sick leave to vacation shall occur in the first pay
period of January based upon sick leave usage during the previous calendar year.
4) Any sick leave converted to vacation shall be subject to the provisions described in
Section 17. Vacations. The employee must file a sick leave payout designation form
each year, if eligible for the conversion of unused sick leave to vacation. If no
designation form is filed, the hours will automatically remain in the employee's new
sick leave accumulation account Employees shall still be subject to the maximum
vacation accrual at any given time equivalent to 24 months' worth of accrued hours.
Any request to convert which exceeds the maximum vacation accrual allotted shall
not be converted to vacation, and shall remain in the employee's sick leave banle
5) Upon retirement from employment with the City and entering the Public Employees'
Retirement System, an employee with a minimum of five (5) years of continuous
service to the City shall receive pay for 50% of all unused sick leave hours.
6) Upon separation of employment from the City for any reason, other than retirement as
noted in the preceding paragraph, for sick leave hours accumulated after December
31, 1991, an employee shall receive no pay for the first 100 hours (0 to 100 hours) of
accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 to
200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 to
352 hours).
7) Upon the death of an employee while employed by the City, 100% of all accrued sick
leave benefits up to 352 hours shall be paid to the beneficiary of the deceased
employee. Payment will be made when proper authorization for payment is received
from the estate of the decedent employee.
8) Employees promoted to top management shall have all their sick leave hours placed
into the new sick leave accrual bank.
F. Family Leave. An employee is allowed up to forty eight (48) hours of family leave per
calendar year for family illness which shall be charged against the employee's accumulated sick leave.
G. J3ereavement Leave. Regular full-time employees shall be entitled to take up to three (3)
days of paid bereavement leave per incident on the following terms and
conditions:
1) B(:reavement leave may only be used upon the death or critical illness where death appears to
be imminent of the employee's immediate family. "Immediate family" as used in this
subsection, shall be limited to any relation by blood, marriage or adoption, who is a member
of the employee's household (living at the same address) and any parent, legal guardian,
parent-in-law, brother-in-law, sister-in-
law grandparent, grandchild, aunt, uncle, spouse,child, brother, or sister
of the employee regardless of residence.2) Days of absence due to bereavement leave shall not
exceed three (3) working days per in~ident and shall not be deducted from the
employee's accumulated sick leave. An employee on bereavement leave shall infoml 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 pE:riod of absence.H. Industrial Leave for Safety Employees. For the classifications
of Police Chief and Fire Chief,industrial leave shall be granted in accordance with Labor Code Section
4850 as it now
exists or hereinafter may be amended.1. Industrial Leave for Non-Safety
Employees. For thE: remaining classifications described in Exhibit "A" and Exhibit "B" herein,
industrial leave shall be granted as follows:I} A regular employee who is temporarily or permanently
disabled as a result of injury or illness determined to be compensable
under the Workers' Compensation Act shall be granted industrial
leave on the following terms and conditions:a) An employee granted industrial leave shall
continue to be compensated at his regular rate of
pay in lieu of temporary disability payments.b) Any temporary disability payments
madE~ to an employee by the Workers'Compensation Administrator fund
shall be remitted to the FinancE~ Department 2) Should it be determined that an employe(~'s illness or injury
did not arise in the course of the employee's employment with the City and
that the employee is not temporarily or permanently incapacitated or disabled, as a result
of an industrial injury or illness, then the employee's accrued, or if insufficient, future
sick leave shall be charged to reimburse the City for any payments made
to the employee pursuant to (1) above_3) An industrial leave of up to one year shall
be authorized for each injury or illness determined to
be compensable under the Workers' Compensation Acl.4) No employee shall have accrued sick
leave deducted while on industrial leave, Vacation and sick leave shall accrue
for an employ,ee on industrial leave.5) Industrial leave shall expire when the first
of ,my 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
c) The day before the employee is retired or separated for disability, The employee's
retirement date" shall be determined by the Public Employees' Retirement System.
d) After 52 weeks of industrial leave.
6) Employees who have not previously submitted notification of Election of Personal
Physician are required to use only physicians and medical facilities approved by the City
during the first 30 days after an occupational injury or illness is reported. After the first
30 day period, an employee may change to a physician specified by him or her provided
the physician has the expertise to treat the injury or illness and agrees to provide the
timely reports to the City, However, if an employee has notified the City in writing, prior
to the date of injury, that he has a personal physician, the employee shall have the right to
be treated by such physician from the date of injury providing that:
a) The physician has previously directed the medical treatment of the employee.
b) The physician retains the medical records and history of the employee.
An employee may request one change of physician during the first 30 days after the injury
or illness is reported.
Family Care and Medical Leave (FCMLl. State and Federal laws require the City to
provide family and medical care leave for eligible employees. The following provisions set forth
employees' and employer's rights and obligations with respect to such leave, Rights and obligations
which are not specifically set forth below are set forth in the Department of Labor regulations
impleme:nting the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations ofthe
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 ofthe Personnel Director.
1) Amount of Leave. Eligible employees are entitled to a total of 12 worbveeks 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.
13
3) Required Forms. Employees must fill out required forms, available in the Personnel
Department, including: Request for Family or Medical Leave; Medical Certification;
Authorization for Payroll Deductions for benefit plan coverages (if applicable); and
Fitness-for-Duty to return
from leave,SECTION 20.
HEALTH INSURANCE.The City shall contract with the Public Employees' Retirement System (PERS) to
make available those health insurance benefits provided under the Public Employees' Medical and
Hospital Insurance Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other
benefits program maintained by the City for eligible employees, eligible retirees, and their eligible
surviving annuitants.A. The City shall contribute toward the payment of premiums under the PERS
Health Benefits Plan to each <eligible retiree annuitant ofPERS to the extent required by law, a contributionof$32.
20 per month. Effective January 1, 2005 this $32.20 contribution shall be increasedto $48.40
per month.B. Fh:xible Benefits Plan. The City shall administer a Section 125 Flexible Benefits
Plan for active full-time and part-time eligible employees and pay the following amounts
to provide funds for optional dental plans, vision plans, health
plans, or
miscellaneous pay:Monthly Contributions
Effective March 1,
2004 Participating
Employee Classifications City Manager Executive Directors (as
listed in Exhibit "A")Top Management Employees (as
listed in Exhibit "
B")If
Covered by City
Insurance 1,060.
00 1,
000.00 820.
00
If Waiving City
Insurance 1,
044.00
984.00 804.00 The members of the City Council shall receive the same benefits noted
under ilexible benefits plan as provided to employees noted as "Executive Directors" above, The City
Treasurer shall receive the same benefits under flexible benefits plan as provided to employees noted
as "Top Management" above.C. Any amounts in excess of the amount designated in Section 20.
B necessary to maintain benefits under any benefits plan selected by the employee shall be
borne by the employee.D. An employee cannot be enrolled in the PERS Health Benefits Plan if a
spouse is enrolled in the City or enrolled in an agency with PERS health, unless the employee (or
the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose not
to be enrolled in the Health Benefits Plan. If an employee chooses to not be enrolled in the
health plan, the employee must provide proof, as determined by the Personnel Director, that comparable
medical insurance is in full force and effect. Based on determination that insurance is in full force
and effect, eligible employees shall receive the amounts designated in Section 20.B noted under "If
Waiving City Insurance" towards the Flexible Benefits Plan. In the event the employee loses
eligibility (with documentation) the employee may enroll in the PERS Health Benefits Plan pursuant to
their
SECTION 21. OTHER INSURANCES.
A. Life Insurance.
1) For employees described herein in Exhibit "A" the City shall contribute the full premium
towards a $50,000 life insurance benefit.
2) For employees described herein in Exhibit "B" the City shall contribute the full premium
towards a $23,000 life insurance benefit.
B. Disability Insurance. The City shall provide a long term disability plan with a long term
disability benefit of two-thirds of salary, after a 60-day elimination period, to a maximum of $
5,000
per month.C. Medicare Insurance. The City shall pay for the employee's portion of thecontribution (
1.45%)for Medicare coverage for all employees hired since the effective date in
April, 1986.SECTION
22. RETIREMENT.A. Public Employees' Retirement
System (PERS),I) Member Contribution. The City agrees to pay 8% of the employees base salary (
9% for safety) to the Public Employees' Retirement System including the full contribution
for the Third Level
Survivors Benefit.2) Miscellaneous PERS Formula. Effective June 29, 2003, the City shall provide
the PERS 2.7% @ age 55 Retirement Program. The City shall pay up to 4.0% of the City'
s PERS Employer Rate for the 2.7% @ 55 benefit. Any future Employer rate over 4.0% to
be split qually with
the employees.3) Safety PERS Formula. Effective May 20,2001, the City shall contract with PERS
to provide the safety employees covered under this Resolution with the 3% @ age
50 retirement formula, as set forth inSection 21362.2 of the California Government Code. The
City agrees to 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 mployees (9% for sworn employees), and reporting this 8% (or 9%)
as compensation earnable (excluding Government Code Section 20636 (c)( 4) as
additional compensation),B. Money Purchase Retirement Plan. The City shall provide a Money Purchase Retirement
Plan for employees covered by this resolution. The City shall contribute an amount equal to three
percent (3%)of the employees' base salary as shown in Exhibit "A" and Exhibit "B". In lieu of this
City provided benefit, the employee may elect to have added to his base salary an additional three
percent (3%),however this 3% is not reported to PERS as pensionable compensation. This election can be
made only upon initial employment and
is
C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a
Retirement Health Savings Plan for employees covered by this Resolution. Each employee may
voluntarily participate in the plan by making a one-time irrevocable election to participate during
the specific annual election period identified in the plan documents. The plan would allow employees
to make 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 annual
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 specifically delineated in the plan documents as adopted by Resolution No.. 9660 and all contributions to
the plan will be at no additional cost to the City. Each employee v,rho participates in the
Retirement Health Savings Plan recognizes that should any tax liability arisl~ out of such participation such liability
shall be the responsibility of the
participating employee.SECTION 23. OTHER
FRINGE BENEFITS.A. Medical Maintenance Examination Program. An arumal medical examination shall
be provided for all employees listed in Exhibits "A" and "B". The content and extent of the examination
of each individual shall be determined by the physician in charge: and shall be tailored to the
individual's particular nel~ds. A profile of the examination shall be maintained. Each employee may choose
to have said examination performed by the physician of his choice or the City's designated
medical provider.Employees in Exhibits "A" and "B" will be reimbursed per fiscal year, upon submitting proof
of such examination, the following amounts toward the cost of an ammal
physical examination:
Executive Directors:Top
Management Employees:
850.00
550.00 Employees may receive up to $495 per fiscal year (of the $850 listed above for
Executive Directors)and $395 per fiscal year (of the $550 listed above for Top Management
Employees) towards reimbursememt for items 1 and/or 2 below. Requests other th:m annual physicals must be
approved, prior to purchase or participation, by the
Personnel Director.1) Membership in a health/
fitness club.2) Participation in a weight loss/stop smoking/
wellnessHitness program.The City will not reimburse employees for any of the above listed activities for
family/dependent health
related expenses.B. Educational Assistance. The City will reimburse employees for the cost of
tuition, textbooks,parking fees, and health fees required for approved community college and college courses, as
well as job-required licensing, testing, renewal, and registration fees. An approved course is
one designated to directly improve the knowledge of the employee relative: to his specific job, and must be
approved by the department head and the Personnel Director prior to registration. Full reimbursement up
to the amount specified below will be provided based upon completion of the approved course(s) with a
final grade of
C"
Educational assistance payments to an employee shall not exceed $1,500.00 in anyone fiscal year
and he must still be employed by the City when the course is completed.
The Ci~y agrees to allow reimbursement to Executive Directors up to $1,000, and Top Management
employees up to $800 of the $1,500 allotted per fiscal year for activities which aid in their professional
development. Reimbursable activities include the following:
1) Attendance at job-related professional conferences and
seminars;2) Payment of membership dues in community and professional organizations;
and 3) Purchase of job-related professional journals, books, and other written materials
which further their knowledge and improve their effectiveness in
their duties.Participation and/or purchase must be approved in advance by the department head and
the
Personnel Director.The above reimbursable activities are made to recognize and encourage staff
to pursue educational and public relations oriented activities beyond those normally budgeted for them
by their departments and in which they are directed to participate. Approved activities are those which
may be expected to further their knowledge of their jobs and the Orange community and which
contribute to their
improved effectiveness.Individual departments may continue to budget funds for staff attendance at
professional conferences and seminars, for payment of professional membership dues, and for the purchase of
books, journals,and related written materials which enhance the
staffs knowledge.C. Uniforms. The City shall purchase uniforms for all regular uniformed members of
the Police Department and the
Fire Department.D. Rideshare Incentive Program. An employee may receive $30 per month and eight (
8) hours compensatory time every six (6) months for carpooling, using public transportation,
biking, walking,carpooling or other approved modes of transportation to and from the work-site. To
qualify for these incentives, an employee must use one of the above forms of transportation 70% of
his commuting time.SECTION 24. TRAVEL
EXPENSE ALLO\VED.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 of the estimated
amount of the travel expense to the employee.C. Tourist-Class
airplane
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 fiJf 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 alllowed for official calls
and telegrams.3) Expenses for meals will be reimbursed according to Administrative Policy Number
4.13.SECTION 25. GRIEVANCES. Any employee covered by this Resolution who wishes to
file a grievance should follow the procedures outlined in the City's
Employee Handbook.SECTION 26. EFFECTIVE DATES. This Resolution and attachments hereto
shall be effective as of March 1, 2004 and shall continue in full force and effect until February 28,
2005 unless
otherwise amended.ADOPT]~D this 10th day of
February, 2004.M~ JU~hY' Mayor
of
Orange ATTEST:M~~V~~
Y ange I, MARY E. MURPHY, City Clerk of the City of Orange:, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange
at a regular meet'lng thereof held on the 10th day of February., 2004 by the
following
vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:COUNCILMEMBERS:AMBRIZ, ALVAREZ, MURPHY,
COONTZ,
CAVECCHE
NONE
NONE NONE Mary E. Murp City
ClerlveitY~
EXHIBIT "A"
EXECUTIVE DIRECTORS
MONTHL Y SALARY RANGES
EFFECTIVE: FEBRUARY 23. 2003
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Assistant City Manager 655 9353 9832 10331 10859 11413 11994
Chief Clerk* 559 5795 6090 6401 6728 7071 7431
City Attorney 665 9832 10334 10859 11414 11997 12608
Community Development Director 632 8340 8766 9211 9682 10176 10694
Community Services Director 629 8216 8636 9075 9538 10025 10536
Economic Development Director 625 8054 8465 8895 9350 9827 10328
Finance Director 629 8216 8636 9075 9538 10025 10536
Fire Chief 645 8898 9353 9828 10330 10858 11411
Library Services Director 609 7436 7816 8213 8633 9073 9535
Personnel/Employee Relations Director 625 8054 8465 8895 9350 9827 10328
Police Chief 651 9169 9638 10127 10644 11188 11758
Public Works Director/City Engineer 645 8898 9353 9828 10330 10858 11411
Additional compensation for elective office not included in the listed salary.
EXHIBIT "B"
TOP MANAGEMENT EMPLOYEES
MONTHL Y SALARY RANGES
EFFECTIVE: FEBRUARY 23. 2003
NEW STEI' STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Accounting Manager 549 5513 5794 6090 6400 6727 7070
Administrative Analyst I 479 3888 4087 4295 4514 4744 4986
Administrative Analyst II 499 4296 4515 4746 4988 5242 5509
Administrative Secretary 442 3233 3398 3571 3753 3945 4146
Assistant City Attorney I 599 7074 7436 7814 8213 8632 9072
Assistant City Attorney II 609 7436 7816 8213 8633 9073 9535
Assistant City Engineer 592 6831 7181 7545 7931 8336 8760
Assistant Fina.nce Director 585 6597 6934 7287 7659 8050 8460
Assistant Planning Director 607 7362 7739 8132 8547 8983 9441
Assistant to City Manager 538 5219 5485 5765 6059 6368 6692
Business & Public Affairs Manager 545 5404 5680 5969 6274 6:594 6930
Chief Building Official 592 6831 7181 7545 7931 8336 8760
19
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
City Records Program Manager 503 4383 4606 4841 5088 5348 5620
Community ServiGes Manager 585 6597 6934 7287 7659 8050 8460
Deputy City Clerk 503 4383 4606 4841 5088 5348 5620
Economic Development Project Manager 549 5513 5794 6090 6400 6727 7070
Emergency Medical Services Manager 563 5912 6213 6530 6863 7213 7581
Employee Benefits Coordinator 484 3987 4190 4404 4628 4864 5112
Equipment Maint. Superintendent 549 5513 5794 6090 6400 6727 7070
Executive Secretary 478 3869 4066 4274 4492 4721 4961
Field Maintenance Superintendent 549 5513 5794 6090 6400 6727 7070
Finance Supervisor 506 4449 4676 4914 5165 5428 5705
Financial Analyst 511 4561 4794 5038 5295 5565 5849
Housing Manager 549 5513 5794 6090 6400 6727 7070
Internal Audit Manager 550 5541 582:3 6120 6432 6760 7105
Investment/Revenue Officer 517 4700 4939 5191 5456 5734 6027
Library Services Manager 544 5377 565] 5940 6243 6561 6896
Manager of Trans Svcs/City Traffic Eng 592 6831 718] 7545 7931 8336 8760
Personnel Analyst I 484 3987 4190 4404 4628 4864 5112
Personnel Ana1ys1 II 511 4561 4794 5038 5295 5565 5849
Personnel Services Manager 566 6001 6307 6629 6967 7322 7695
Planning Manager 592 6831 7181 7545 7931 8336 8760
Police Communications Manager 541 5297 5568 5851 6150 6464 6793
Principal Civil Engineer 580 6435 6763 7108 7470 7851 8252
Purchasing Officer 549 5513 5794 6090 6400 6727 7070
Recreation Superintendent 549 5513 5794 6090 6400 6727 7070
Risk Manager 576 6308 6629 6967 7323 7696 8089
Senior Administrative Analyst* 529 4990 5244 5512 5793 6088 6399
Senior Assistant to the City Manager 561 5853 6152 6465 6795 7142 7506
Senior Econ Devdopment Project Mgr 569 6091 6402 6728 7072 7432 7811
Senior Housing Manager 569 6091 6402 6728 7072 7432 7811
Senior Librarian 520 4771 50J4 5270 5538 5821 6118
Senior Personnel Analyst 541 5297 5568 5851 6150 6464 6793
Street Maintenance Division Manager 592 6831 7181 7545 7931 8336 8760
Water Manager 592 6831 7181 7545 7931 8336 8760
New Top Management classification noted pending City Council approval of the Fiscal Year 2004/05 budget.
20