RES-9717 Executive Directors & Top Management Employees ClassificationRESOLUTION NO. 97t7
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. 9562 AND AMENDMENTS THERETO.
WHEREAS,
the employees covered by this resolution constitute management personnel;
and WHEREAS,
the City Council has consulted with the City Manager and Personnel Dire.
ctor 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 I, 2003 through February
29,2004, for those management employees covered herein;NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Orarlge
authorizes staff to adjust the Fiscal Year 2002/03 budget, as well as the proposed 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 I, 2003 through February
29,2004 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 persoIDlel 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.I
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 employment.SECTION 4. BEGINNING RATES. A new employee of the City shall
be paid the rate shown in Step A in the range allocated to the class of employment for
which he has been hired, except that on the request of the department head under
whom the employee will serve, and with the authorization ofthe 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 rang.: and having generally similar duties and requirements. A lapse of
service by any employee for a period of time longer than 30 days by reason of
resignation or discharge shall serve to eliminate the accumulated length of service time of such
employee for the purpose of this Resolution. Such employee re-entering the service of
the City shall be considered as a new employee, except that he may, at the discretion of
the City, be re-emplloyed within one year and placed in the same salary
step in the appropriate compensation range as he was at the time of
the termination of employment.SECTION 6. ADVANCEMENT
WITHIN SCHEDULE. The following regulations shall govern
salary advancements within ranges:A. ~v1erit Advancement. An employee may be considered
for advancement through the applicable salary range upon completion of the minimum length
of service. The effective date of such merit increase, if granted, shall be the first day of
the next pay period following the completion of the length of service
required for such advancement.Advancement through the salary ranges steps A through F may
be granted only for continuous, meritorious, and efficient service, and
continued improvement by the employee in the effective performance of the duties of
his position. Such merit adv2mcement
shall require the following:I) 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
2) The recommendation of the department head and the approval of the
Personnel Director shall be forwarded to the Payroll Division of Finance for
change of payroll status.
3)
Advancements through the pay ranges Step A through Step F, shall occur,if
granted, in yearly increments.4)
A lapse of service of 30 continuous calendar days or more for any reason shall
extend the due date for the merit performance evaluation by an equal number
of days absent.B.
Special Merit Advancement. When an employee demonstrates exceptional ability
and proficiency in the performance of his duties, the department head may recommend
to the Personnel Director that the employee be advanced to a higher pay step without
regard to the minimum length of service requirements contained in this Resolution.
The Personnel Director may, on the basis of a department head's recommendation,
approve and effect such an advancement.C.
Length of Service Required When Advancement is Denied. When an employee
has not been approved for advancement to the next higher salary step, he may be
reconsidered for such advancement at any subsequent time. This reconsideration shall follow
the same steps and shall be subject to the sanle 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 PersoIDlel Director.Such
reduction shall take place only after the employee has been notified of the reasons and
has had an opportunity to respond. Procedure for such reduction shall follow the same
procedure as outlined for merit advancements in Section 6, and such employee may be
considered for re-advancement under the same provisions as contained in Subsection
C of Section 6.
SECTION 8. SPECIAL ASSIGNMENTS.
A.
Telephone/Citv 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.
Bilingual Assignment. Employees covered by this Resolution may be assigned
by the department head, with approval of the Personnel Director, to a bilingual assignment.
Employees on bilingual assignment shall receive an additional $140.00 per month,
per employee, in addition to their regular monthly salary, for the duration of the assignment.
Employees receiving Bilingual Assignment compensation may be required to take
and pass a proficiency test on an annual or as needed basis as determined by the PersoIDlel
Services Department.3
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 to. PROMOTION. When an employee is promoted to a position in a
hight:r 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
rangt: 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
employee was demoted.
SECTION t2. REASSIGNMENT OF COMPENSATION RANGES. Any
employee who is employed in a classification which is assigned to a different pay range
shall be retained in the same salary step in the new range as he has previously held in the
prior range, and shall retain credit for length of service in such step toward advancement
to the next higher step; provided, however:
A. That if such retention results in the advancement of more than one step, the
Personnel Director may, at his discretion, at the time ofreassignment, place the employee
in a step which will result in an increase of only one step.
B. That if the reassignment is to a lower compensation range, the F step of which
is lower than the existing rate of pay at the time of reassignment, the employee shall
continue to be paid at the existing rate of pay until such time as the position is reassigned
to a compensation schedule which will allow for further salary advallcement, or until such
time as the employee is promoted to a position assigned to a higher compensation range.
C. That ifthe reassignment is to a lower compensation range, the F step of which
is higher than the existing rate of pay, the employee shall be placed in that step of the
lower compensation range which is equivalent to the existing rate of pay, and shall retain
credit for length of service previously acquired in such step toward advancement to the
next higher step. If there is no equivalent step, the employee shall be placed in the step
which is closest to, but not less than, his current salary step.
SECTION 13. DEPARTMENT HEADS: AT-WILL STATUS. Pursuant
to City ordinance and this Resolution, department heads and the Assistant City
Manager,othe:r 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. In addition, all employees covered by the Resolution
are considered
At-
SECTION 14. CITY MANAGER AND CITY ATTORNEY. The
compensation and terms of employment of the City Manager and City Attorney shall be
as Sl~t 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 t5. ADMINISTRA TIVE LEAVE. No overtime compensation shall be
provided for employees covered by this Resolution unless otherwise required by federal
law. In lieu of overtime compensation, the City will provide paid administrative leavl~
as follows:A.
Regular full-time employees identified in Exhibit A shall accrue 63 hours
of administrative leave annually for continuous service;
B. Regular full-time employees identified in Exhibit B shall accrue 54
hours of administrative leave annually for continuous
service;C. Employees hired after January 1 of each year shall receive a
prorated portion of the administrative leave during their first calendar year of
employment;D. The minimum charge to the employee's administrative leave account
shall be Vi hour, while additional actual absence of over Y1 hour shall be charged to the
nearest full
hour;E. Usage of administrative leave shall be at the convenience of the City
with the approval of the respective department head or City
Manager;F. All administrative leave shall be accmed at the begiIDling of the pay
period which includes January I of each year;
and G. 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 t6. HOLIDAYS. Employees covered by this Resolution
shall receive the following paid nine (9)-hour holidays, except #9 and #11
below:
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)11) Two & one-half floating holidays (22.
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A. Floating Holidavs. Employees will have credited to their paid leave balance
22.5 floating holiday hours begiIDling January I of each year. Employees hired after
January I 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
earned or otherwise shall be forfeited. The floating holiday hours shall be taken at the
convenience of the City with the approval of the City Manager or the department head.
Employees under this section who terminate their employment with the City prior to
using the floating holiday hours shall receive cash reimbursement for all remaining
floating holiday hours.
B. Holidavs on Certain Davs 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 Chris.tmas, 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. Eligibilitv to Receive Holidav Pav. 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 of
the PersoIDlel Director.D. Holidavs During Vacation. Should one of the holidays listed
above fall during an employee's vacation period while an employee is lawfully absent
with pay, the employee shall receive holiday pay and no charge shall be made against
the employee'
s accumulated vacation.
SECTION 17. VACATIONS.A. Vacation Accrual. All full time regular employees
described herein, who have one year continuous service shall thereafter accrue paid vacation
in accordance with
the following schedules.1) For employees described herein in Exhibit A, as well as
the City Manager,the following schedule shall apply after one (1) year'
s
Vacation Hours Vacation Hours
Year~ Per Year Years Per Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5
164 20 224 6
170 21 228 7
172 22 232 8
176 23 236 9
180 24 240 10
184 25 244 II
188 26 248 12
192 27 252 13
196 28 256 14
200 29 260 15
204 30 264 2)
For employees described herein in Exhibit B, the following schedule shall apply after one (
1) year's continuous service:After
Y earC s) Vacation Hours After Y earC s) Vacation Hours of
service Per Year of service Per Year 1
104 16 188 2
114 17 192 3
124 18 196 4
134 19 200 5
144 20 204 6
148 21 208 7
152 22 212 8
156 23 216 9
160 24 220 10
164 25 224 11
168 26 228 12
172 27 232 13
176 28 236 14
180 29 240 15
184 30 244 B.
Vacation
Usage and Accumulation. Vacation shall be taken at the convenience of the City
with the approval of the department head. Where possible, such vacation should be taken
annually and not accumulated from year to year. Employees shall not accumulate vacation
in excess of the equivalent number of hours earned in the immediately preceding
24-month period. Employees with less than one (I) year's continuous
service shall accrue vacation but may not use vacation until successful completion
of one (I) 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
tim(: as the accumulated vacation hours fall below the allowable limit.
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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)(l )(2) and may convert twice in a calendar year, within the cap
provllsions stated above. Any exception to this provision requires the approval of the
Personnel Director. Employees participating in the Retirement Health Savings Plan 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 Pavout 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 specified number of hours per day or days per week or weeks per year or months
per year
of work.I) Regular part-time emplovees shall be those employees scheduled
in the budget to work 20 or more hours per week on a year-round
basis (52
weeks minus approved leave).2) Temporarv part-time emplovees shall be
those employees scheduled in the budget to work less than 20 hours per week on
a year-round
basis (52 weeks minus approved leave).3) Seasonal emplovees shall be those employees
who are scheduled in the budget to work on less than a
year-round basis regardless of hours worked.B. Entitlement to Fringe Benefits
Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in
proportion to the number of hours an empl.oyee 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 fornlUla of proration shall
apply to holiday pay, vacation, sick leave, flexible benefit contJibution,
life and disability insurance contribution, money purchase retirement plan,and
PERS retirement contribution. Regular part-time employees may receive step
incn:ases provided they have performed 2080 hours of service.C. Temporary
and seasonal employees shall be entitled to receive no fringe benefits provided for in the
resolution or in
any
SECTION 19. LEAVES OF ABSENCE.
A. !"eave of Absence Without Pav. 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 mployee,
not under suspension, may make written application to the department
head for leave without payor benefits. No such leave will be considered
absent a written application from the employee requesting leave.2)
If the department head and the Personnel Director agree that such leave is merited
and in the interest of the City, leave may be granted for a period not to xceed
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 gavrnent
of the total premium bv 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 any approved leave, ifthe employee desires additional leave,written
application must be made through the department head to the Personnel Director
at least ten (10) days before the end of the approved leave, stating the reasons
why the additional leave is required and why it would be in the best interests
of the City to grant such leave of absence. If such additional leave is merited
and would still preserve the best interests of the City, the Personnel Director
may approve such extension of the leave of absence for a period up to,but
not to exceed, an additional six months.6)
If
the employee does not return to work prior to or at the end of such leave of absence
or extension of leave of absence, the City shall consider that the employee has
abandoned his employment with the City and shall be h:rminated.
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.9
8) Any employee who engages in outside employment during said leave of
absence without prior notification and approval of the Personnel Director and
d,epartment head may be subject to termination.
9) Any employee who falsifies the reason for the request for said leave of
absence may be terminated.
10) Such leave shall be granted on the same basis for pregnancy, childbirth,
and other medically related conditions, except that such an employee shall
retain his/her seniority rights.
11) Forms setting forth the benefits available or such other pertinent
information shall be maintained for distribution in the Personnel Services
Department.
B. Personal Necessitv 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
monlh to month.
C. Jurv Dutv and Services as Witness for Citv. When required to serve on a jury, all
employees shall be provided with up to 80 hours paid time off in a calendar year for
serving on a 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 ofreceiving
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 (1/2) hour for each
one-half (1/2) hour an employee is
absent.3) Any employee eligible for sick leave with pay may use such leave for
the following
reasons:
a) Medical and dental office appointments during
work hours when authorized by the department head or his
designee; and/or
b)
Personal Illness or physical incapacity resulting from
causes beyond the employee's control, including pregnancy,
childbirth, and other medically related conditions.
4)
Sick Leave Aoolication. 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 abuse of the sick leave
privilege.Employees may, upon prior notice and in the complete discretion of
the department head, be required to fumish a certificate issued by a
licensed physician or nurse or other satisfactory written evidence of any
subsequent
illness.6) Sick Leave Pavout Program. Unused sick leave shall be paid
off according to the
following:a) All sick leave accrued pnor to January I, 1992 shall fall under
the following payout
formula:I) 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 banlc. This accumulated sick leave will be available for the employee's
use according to the provisions outlined in Section E. (2), (3) and (
4).2) Upon retiring from City service and entering the Public
Employees'Retirement System, an employee shall receive pay for 50% of all accrued
sick leave
hours.
3) Upon separation from City service for reasons other than retirement with
PERS, an employee shall receive no pay for the first 60 days of accrued sick leave
0 to 480 hours), but shall receive 25% pay for the first 30 days of accrued sick
leave after the first 60 days of accrued sick leave (481 to 720 hours), and 50% of
all a.ccrued sick leave thereafter (721 hours and up).
4) Upon the death of an employee while employed by the City, 100% of all
acclUed sick leave benefits accrued prior to January 1, 1992 shall be paid to the
benl~ficiary of the deceased employee. Payment will be made when proper
authorization for payment is received from the estate of the decedent employee.
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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
eligilble for the following payout program:
I) 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,
ombining 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 bank.
5) Upon retirement from employment with the City and entering the
Public Employees' Retirement System, an employee with a minimum of
five (5) years of continuous service to the City shall receive pay for 50%
of all unused sick leave hours.
6) Upon separation of employment from the City for any reason, other
than retirement as noted in the preceding paragraph, for sick leave hours
accumulated after December 31, 1991, an employee shall receive no pay
for the first 100 hours (0 to 100 hours) of accrued sick leave, but shall
receive 25% pay for up to the next 100 hours, (101 to 200 hours) of
accrued sick leave, and 50% pay of any remaining sick leave (201 to 352
hours).
7) Upon the death of an employee while employed by the City, 100% of
all accrued sick leave benefits up to 352 hours shall be paid to the
beneficiary of the deceased employee. Payment will be made when proper
authorization for payment is received from the estate of the decedent
employee.
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8) Employees promoted to top management shall have all their sick leave
hours placed into the new sick leave accrual bank.
F. Familv Leave. An employee is allowed up to forty eight (48) hours of family
leave per calendar year for family illness which shall be charged against the employee's accumulated
sick leave.H.
Bereavement leave. Regular full-time employees shall be entitled to take up to
three days of paid bereavement leave per incident on the following terms and conditions:
I) Bereavement leave may only be used upon the death or critical illness where
death appears to be imminent of the employee's immediate family. Immediate
familly as used in this subsection, shall be limited to any relation by blood,
maniage or adoption, who is a member of the employee's household (living at the
same address) and any parent, legal guardian, parent-.in-law, brother-
in-law, sister-in-law grandparent, grandchild, aunt, uncle, spouse, child, brother,
or sister of the
employee regardless of residence.2) Days of absence due to bereavement leave shall not
exceed three (3) working days per incident and shall not be deducted from the
employee's accumulated sick leave. An employee on bereavement leave shall
inform his immediate supervisor of the fact and the reasons therefore as soon as possible.
Failure to inform his immediate supervisor, within a reasonable period of time, may
be cause for denial of bereavement leave with pay for
the period of absence.H. Industrial Leave for Safety Emplovees. For the classifications
of Police Chief and Fire Chief, industrial leave shall be granted in accordance with
Labor Code Section 4850 as it now exists or
hereinafter may be amended.L Industrial Leave for Non-Safetv
Emolovees. For the remammg classifications described in Exhibit A and Exhibit B herein, industrial leave
shall be granted as follows:1) A regular employee who is temporarily
or permanently disabled as a result of injury or illness determined to
be compensable under the Workers'Compensation Act shall be granted industrial leave
on
the following terms and conditions:a. An employee granted industrial leave
shall continue to be compensated at his regular rate of pay
in lieu
of temporary disability payments.b. Any temporary disability payments made
to an employee by the Workers' Compensation
Administrator fund shall be remitted
to the Finance Department.2) Should it be determined that an employee's illness or
injury did not arise in the course of the employee's employment with the
City and that the employee is not temporarily or permanently incapacitated
or
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 (I) above.
3) An industrial leave of up to one year shall be authorized for each injury or
illm:ss determined to be compensable under the Workers' Compensation Act.
4) No employee shall have accrued sick leave deducted while on industrial leave.
Vacation and sick leave shall accrue for an employee on industrial leave.
5) Industrial leave shall expire when the first of any of the following
conditions occur:
a) The employee is able to return to work and assume the duties of his
regular position.
b) The employee IS able to return to work to another position
designated by the City.
c) The day before the employee is retired or separated for disability.
The employee's retirement date shall be determined by the Public
Employees' Retirement System.
d) After 52 weeks of industrial leave.
6) Employees who have not previously submitted notification of Election of Personal
Physician are required to use only physicians and medical facilities approved by the City
during the first 30 days after an occupational injury or illness is reported. After the first
30 day period, an employee may change to a physician specified by him or her provided
the physician has the expertise to treat the injury or illness and agrees to provide the
timdy reports to the City. However, if an employee has notified the City in writing, prior
to the date of injury, that he has a personal physician, the employee shall have the right to
be treated by such physician from the date of injury providing that:
a) The physician has previously directed the medical treatment of the
employee.
b) The physician retains the medical records and history of the employee.
An employee may request one change of physician during the first 30 days
after the injury or illness is reported.
J. Familv Care and Medical Leave (FCML). State and Federal laws require the City
to provide family and medical care leave for eligible employees. The following
provisions set forth employees' and employer's rights and obligations with respect to such
leave. Rights and obligations which are not specifically set forth below are set forth in
the Department of Labor regulations implementing the Federal Family and Medical Leave
Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing
14
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
c:mployee's request for leave is subject to review and final approval of the Personnel Director.
I) ,<\
mount 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. [f an employee
requests leave for my 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 leavefor his/
her own serious health condition, in addition to exhausting accrued leave,
the employee must also exhaust sick leave. The exhaustion of accrued leave
will run concurrently with the Family Care and
Medical Leave.3) .Required Forms. Employees must fill out required forms, available
in the PersoIDlel Department, including: Request for Family or Medical
Leave; Medical Certification; Authorization for Payroll Deductions for benefit plan
coverages (if appllicable); 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. Except as provided in Section 20.B Flexible Benefits Plan below,
the City shall contribute toward the payment of premiums under the PERS Health
Benefits Plan on behalf of each eligible active employee, and to the extent required by
law, each eligible retiree annuitant of PERS, an equal contribution of $16 per month.
Effective January 1,2004, this $16 contribution shall be increased to $32.
20 per month.B. Flexible Benefits Plan. The City shall administer a Section
125 Flexible Benefits Plall for active full-time and part-time eligible employees
and pay the following amounts to provide funds for optional dental plans, vision
plans,
health
Participating Emplovee Classifications
City Manager
Exeeutive Directors (as listed in Exhibit A)
Top Management Employees (as listed in Exhibit B)
Monthlv Contributions
3/1/2003 1/1/2004
1,044.00 $1027.80
984.00 $967.80
734.00 $717.80
The City's payment towards the Flexible Benefits Plan excludes the $16 payment ($32.20
effeetive January I, 2004) in Section 20.A. The members of the City Council shall
receive the same benefits noted under flexible benefits plan as provided to employees
noted as Executive Directors above. The City Treasurer shall receive the same benefits
und'~r flexible benefits plan as provided to employees noted as Top Management above.
C. Any amounts in excess of the amount designated in Section 20.A and B necessary
to maintain benefits under any benefits plan selected by the employee shall be borne by
the I~mployee.
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 towards the Flexible
Benefits Plan. In the event the employee loses eligibility (with documentation) the
employee may enroll in the PERS Health Benefits Plan pursuallt to their rules and
regulations.
SECTION 21. OTHER INSURANCES.
A. Life Insurance.
1) For employees described herein in Exhibit A the City shall contribute the full
premium towards a $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. Disabilitv 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 the contribution (1.45%) for Medicare coverage for all employees hired since
the effective datt: in
April,
SECTION 22. RETIREMENT.
A. Public Emolovees' Retirement Svstem (PERS).
I) )\
1ember Contribution. The City agrees to pay 7% of the employees base salary (9%for
safety) to the Public Employees' Retirement System including the full contribution for the
Third Level Survivors Benefit. Effective June 29, 2003, the City agrees to pay 8% of the
employee's base salary to PERS.2)
Miscellaneous PERS Formula. The City provides the full cost toward the PERS 2%@
age 55 Retirement Program. 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% to be split equally
with the employees.3) ;~
afetv PERS Formula. Effective May 20, 2001, the City shall contract with PERS to provide
the safety employees covered under this Resolution with the 3% @ age 50 retirement
formula, as set forth in Section 21362.2 of the California Government Code.The
City agrees to pay the increased cost for the 3% @ 50 benefit program will a cap of 7.
0% for safety employees. Any employer cost greater than 7.0% shall be equally bome by
the City and employees.4) ;
PERS on PERS. Effective February 24, 2002, 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 7% of the normal contributions as
EPMC for civilian employees (9% for sworn employees), and reporting this 7% (or 9%)
as compensation earnable (excluding Government Code Section 20636 (c)(4) as additional
compensation). Effective June 29, 2003, pursuant to Government Code Section 20636(
c), the City agrees to pay and report the value of employer paid member contributions (
EPMC) to CalPERS as additional compensation for all employees covered by
this Resolution. This benefit shall consist of paying 8% of the normal contributions as EPMC
for miscellaneous employees, and reporting this 8% as compensation earnable exc:
iudingGovernment Code Section 20636 (c)(4) as additional compensation).B.
Monev
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 add,~d
to his base salary an additional three percent (3%), however this 3% is not reported to PERS
as pensionable compensation. This election can be made only upon initial employment and
is irrevocable.C. Retirement
Health Savings Plan. Effective October 1,2002, the City Council approved a
Retirement Health Savings Plan for employees covered by this Resolution.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 1:0 make the following tax-deferred
contributions to the plan:
17
L__
I) 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 who
participates in the Retirement Health Savings Plan recognizes that should any tax liability
arise out of such participation such liability shall be the responsibility of the participating
employee.
SECTION 23. OTHER FRINGE BENEFITS.
A. Medical Maintenance Examination PrOgralll. An annual medical examination
shall be provided for all employees listed in Exhibits A and B. The content and extent of
the examination of each individual shall be determined by the physician in charge and
shall be tailored to the individual's particular needs. A profile of the examination shall be
maintained. Each employee may choose to have said examination performed by the
physician of his choice or the City's designated medical provider. Employees in Exhibits
A and B will be reimbursed per fiscal year, upon submitting proof of such examination,
the following amounts toward the cost of an annual physical examination:
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
Mallagement Employees) towards reimbursement for items 1, 2, and/or 3 below.
Requests other than annual physicals must be approved, prior to purchase or participation,
by the Personnel Director.
1) Membership in a health/fitness club;
2) Purchase of qualified home health/fitness exercIse equipment (Please see
Personnel for a listing of approved items); and
3) Participation in a weight loss/stop smoking/wellness/fitness program.
The City will not reimburse employees for allY of the above listed activities for
family/dependent health related expenses or equipment.
B. Educational Assistance. The City will reimburse employees for the cost of tuition,
textbooks, parking fees, and health fees required for approved community college and
college courses, as well as job-required licensing, testing, renewal, and registration
fees.An approved course is one designated to directly improve the knowledge of the
employee relative to his specific job, and must be approved by the department head and
the
Personnel Director prior to registration. Full reimbursement up to the amount specified
below will be provided based upon completion of the approved course(s) with a final
grade of C or better.
Educational
assistance payments to an employee shall not exceed $1,500.00 in any one
fiscal year and he must still be employed by the City when the course is completed.The
City agrees to allow reimbursement to Executive Directors up to $1,000, and Top Management
employees up to $800 of the $1,500 allotted per fiscal year for activities whieh
aid in their professional development. Reimbursable activities include the following:
I)
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 PersoIDlel
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.
In addition, Executive Directors may be reimbursed up to $250 of their $1,000
prol'essional development allotment toward the purchase of a handheld personal
org,mizer. Top Management employees may be reimbursed up to $150 of their $800
professional development allotment toward the purchase of a handheld personal
org,mizer. The model(s) of handheld personal organizer that may be reimbursable shall
be established by the City. Such reimbursement may be authorized only once per every
two (2) fiscal years.
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
19
and from the work-site. To qualify for these incentives, an employee must use one
ofthe above forms of transportation 70% of his commuting
time.SECTION 24. TRAVEL EXPENSE
ALLOWED.A. Mileage Reimbursement. Expense claims for the use of private automobiles
must be authorized by the department head, and submitted to the Accounts Payable division
of the Finance Department for reimbursement. Such use, where mileage is reimbursed,
will be reimbursed at the rate per mile allowed under the current IRS
regulations.B. Out-of-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 retum, the City Manager may authorize advance payment of
the estimated amount of the
travd expense to the employee.C. Tourist-Class airplane passage will
be considered standard for out-of-town travel.D. Use of personal cars for out-
of-City trips, within the State, may be approved by the City Manager when
use of commercial transportation is not available or practical. If an employee prefers to use
his personal car, he may be reimbursed mileage expenses as long as the expenses do
not
exceed the amount of the cost of the commercial transportation.E.
Transportation and Expense Charges. Expenses for air, rail, or public transportation will
be allowed whenever such transportation is necessary for conduct of City business. In
addition, the following expenses and charges will be
allowed, whenever nect:ssary, for the conduct of City business.
i.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.ii.Telephone
and
telegraph charges will be allowed for official calls and telegrams.iii.
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
Harldbook.SECTION 26. EFFECTIVE DATES. This Resolution and attachments hereto shall be effective as of March I,
2003 and shall continue in full
force
ADOPTED this 25th day of March, 2003.
Mark. . Murphy, May
ATTEST:
fA.".J~./L/~~~-::f-Cassandra
J. Ca cart, City Clerk, City of Orange I,
CASSANDRA J. CATHCART, City Clerk of the City of Orange, do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City
of Orange at a regular meeting thereof held on the 25th day of March, 2003 by the following
vote:AYES:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche NOES:
COUNCILMEMBERS: None ABSENT:
COUNCILMEMBERS: None ABSTAIN:
COUNCILMEMBERS: None 4~-'.-' ~-
ef {!.., A'-At~~Cassandra J. Cathcart,
City Clerk, City of Orange 21
EXHIBIT A
EXECUTIVE DIRECTORS
MONTHLY 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 Commumty
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 PersonneVEmp10yee
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.EXHIBITB
TOP
MANAGEMENT EMPLOYEES MONTHLY
SALARY RANGES EFFECTIVE
FEBRUARY 23. 2003 NEW
STEP 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 Adminislrative
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 Finance
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 6594 6930 Chief Building
Official 592 6831 7181 7545 7931 8336 8760 Personnel Department
to conduct further study of this proposed classification for proper organizational realignment.. In
addition, this new Top Management classification is noted pending City Council approval of the Fiscal
Year 2003/04 budget.22
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 Services 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 5823 6120 6432 6760 7105
Investment/Revenue Officer 517 4700 4939 5191 5456 5734 6027
Library Services Manager*'" 544 5377 5651 5940 6243 6561 6896
Manager of Trans Svcs/City Traffic Eng 592 6831 7181 7545 7931 8336 8760
Personnel Analyst I 484 3987 4190 4404 4628 4864 5112
Personnel Analyst 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 Conununications 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 Assistant to the City Manager 561 5853 6152 6465 6795 7142 7506
Senior Econ Development Project Mgr 569 6091 6402 6728 7072 7432 7811
Senior Housing Manager 569 6091 6402 6728 7072 7432 7811
Senior Librarian 520 4771 5014 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
Waler Manager 592 6831 7181 7545 7931 8336 8760
These new Top Management classifications are noted pending City Council approval of the Fiscal Year
2003/04 budget.
23