RES-9562 Employment Classification of Executive Directors and Top ManagementRESOLUTION NO. 9562
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, 9396 AND
AMENDMENTS THERETO.
WHEREAS, the employees covered by this resolution constitute management person11el; and
WHEREAS, the City Council has consulted with the City Manager and Personnel Director
concerning the proposed employment terms contained herein; and
WHEREAS, the City Council has determined that this resolution shall set forth the wages,
hours, and conditions of employment for the period of March 1, 2002 through February 28, 2003, for
those management employees covered herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
authorizes staff to adjust the Fiscal Year 2001/2002 budget, as well as the proposed Fiscal Year
2002/2003 budget, to reflect the changes approved in this resolution, and that the wages, hours and
conditions of employment for the period of March 1,2002 through February 28, 2003 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 constitutt: 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.
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For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate
multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be
calculated to the nearest 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 of Orange shall be paid
the rate shown in Step "A" in the range allocated to the class of employment for which he has been
hired,except that on the request of the department head under whom the employee will serve, and with
the authorization of the Personnel Director, such employee may be placed in Step "B" through "
F"depending upon the employee's
qualifications.SECTION 5. SERVICE. The word "service," as used in this Resolution, shall be defined
to mean continuous, full-time service in the employee's present classification, service in
a higher classification, or service in a classification allocated to the same salary range and
having generally similar duties and requirements. A lapse of service by any employee for a period of time longer
than 30 days by reason of resignation or discharge shall serve to eliminate the accumulated length
of service time of such employee for the purpose of this Resolution. Such employee re-entering the
service of the City of Orange shall be considered as a new employee, except that he may, at the discretion
of the City,be re-employed within one year and placed in the same salary step
in the appropriate compensation range as he was at the time of
the termination of employment.SECTION 6. ADVANCEMENT WITHIN SCHEDULE.
The following regulations shall govern
salary advancements within ranges:A. Merit Advancement. An employee may be considered
for advancement through the applicable salary range upon completion of the minimum length of service. The
effective date of such merit increase, if granted, shall be the first day of the next pay period following
the completion of the length of service required for such advancement. Advancement through the
salary ranges steps "A"through "F" may be granted only for continuous, meritorious, and
efficient service, and continued improvement by the employee in the effective performance of the duties of
his position. Such merit advancement
shall require the following:1) The department head shall file with the Personnel Director a Personnel
Action Form and a completed performance evaluation recommending the granting or denial of
the merit increase and supporting such recommendation with specific reasons therefore.
Disapproval from the Personnel Director, together with the reasons therefore, shall be returned
to the department head.2) The recommendation of the department head and the approval of
the Personnel Director shall be forwarded to the Payroll Division of Finance for
change of payroll status.3) Advancements through the pay ranges Step "A" through Step "F",
shall
occur
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 IIll 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 minimWll length of
service requirements contained in this Resolution. The Personnel Director may, on the basis of a
department head's recommendation, approve and effect such an advancement.
C. Length of Service Required When Advancement IS Denied. When an employee has not been
approved for advancement to the next higher salary step, he may be reconsidered for such advancement
at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same
action as provided in Section 6.A. above.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a
salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the
department head in the department which he is employed 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. PROBATION. An employee described in the attached Exhibit "B"
initially appointed or promoted to a class shall serve a probationary period of 26 pay periods during which
he shall have an opportunity to demonstrate suitability for the job. Under certain conditions, with
approval of the Persolmel Director, the department head may extend the probationary period. The employee
shall attain regular status in the class upon successful completion of the probationary period. An
employee who does not satisfy the standards ofthe class during the probationary period shall be notified in
writing and termination or demotion proceedings shall be initiated. A newly hired probationary employee
shall not be entitled to appeal a termination or demotion action. This section shall not confer any
property interest in continued employment to any
employee.SECTION 9. 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 10. DEMOTION. When an employee is demoted to a posltlon 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 11. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is
employed in a classification which is assigned to a different pay range shall be retained in the same
salary step in the new range as he has previously held in the prior range, and shall retain credit for length
of service in such step toward advancement to the next higher step; provided, however:
A. That if such retention results in the advancement of more than one step, the Personnel Director
may, at his discretion, at the time of reassignment, place the employee in a step which will result in an
increase of only one step.
B. That if the reassignment is to a lower compensation range, the "F" step of which is lower than the
existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing
rate of pay until such time as the position is reassigned to a compensation schedule which will allow for
further salary advancement, or until such time as the employee is promoted to a position assigned to a
higher compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of which is higher than
the existing rate of pay, the employee shall be placed in that step of the lower compensation range which
is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired
in such step toward advancement to the next higher step. If there is no equivalent step, the employee
shall be placed in the step which is closest to, but not less than, his current salary step.
SECTION 12. DEPARTMENT HEADS. Pursuant to City ordinance and this resolution,
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. In addition, all employees designated in Exhibit "B" are
considered "At-
Will."SECTION 13. CITY MANAGER. The compensation and terms of employment of the
City Manager shall be as set forth herein, provided that any contrary written terms established by the
City Council which provide a greater benelit than provided for in this Resolution shall
prevail.SECTION 14. ADMINISTRATIVE LEAVE" No overtime compensation shall be
provided for employt:es covered by this Resolution unless otherwise required by federal law. In lieu of
overtime compensation, the City will provide paid administrative leave as
follows:A. Regular full-time employees identified in Exhibit "A" shall accrue 63 hours
of administrative leav,e annually for
continuous service;B. Regular full-time employees identified in Exhibit "B" shall accrue 54
hours of administrative leav,e 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
y, hour, while additional actual absence of over y, 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 accrued at the beginning of the pay
period which includes January 1 of
each
G. Administrative leave not used by December 31 in the calendar year in which it is accrued shall be
forfeited.
SECTION 15. HOLIDAYS. Employees covered by this Resolution shall receive the following
paid nine-hour holidays, except #9
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 A. Floating Holidays. 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 earned or otherwise shall be forfeited. The
floating holiday hours shall be takt:n 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. 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. 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. Probationary employees are provided
with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines
established in this Section, and/or
with approval of the Personnel Director.D. Should one of the holidays listed above fall during an
employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday
pay and no charge shall be made
against
SECTION 16. VACATIONS.
A. All full time regular employees described herein, who have one year continuous service shall
thereafter aGcrue paid vacation in accordance with the following schedules.
1) For employees described herein in Exhibit "A", as well as the City Manager, the following
schedule shall apply after one (1) year's continuous service:
Vacation Hours Vacation Hours
Years 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
11 188 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
year's continuous service:
After Y ear( s) Vacation Hours After Y ear( s) Vacation Hours
of service Per Year of service Per Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
10 164 25 224
11 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244
B. Vacation 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 accunlU1ated 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. Probationary employees accrue vacation but may not
use
vacation until successful completion of an initial probationary period, 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. An ~:mployee may convert up to 50% of his current annual vacation accrual into pay in lieu
of time off with pay. An employee requesting such a conversion must meet the eligibility requirements
as set forth in Section 16 (A)(I)(2) and may convert twice in a calendar year, within the cap of 50%
per year, of annual vacation accrual. Any exception to this provision requires the approval of the
Personnel
Director.D. Employees who terminate their employment with the City shall be paid for all accrued
vacation,if any, and lthe 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 17. PART-TIME, TEMPORARY, AND
SEASONAL EMPLOYEES ELIGIBILITY FOR
FRINGE BENEFITS.
A. Definitions.1) Regular part-time employees shall be those employees scheduled in the budget to
work 20 or more hours per week on a year-round basis (52
weeks minus approved leave).2) Temporary part-time employees shall be those ~:mployees scheduled
in the budget to work l<ess 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. 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.B. Entitlement to Fringe Benefits Based
Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of
hours an employee is scheduled in the budget to work to
the normal 40-hour week on an annual basis.The annual schedule for all eligible
part-time employees shall be the schedule which is included in the City's approved budget or
a schedule which is designated by Management at the commencement of the employee's employment with the
City. This formula of proration shall apply to holiday pay,vacation, sick
leave, flexible benefit contribution, life and disability insurance contribution, money purchase retirement
plan, and PERS retirement contribution. Regular part-time employees may
receive step increases provided they have performed 2080 hours of service.C. Temporary and seasonal
employees shall be entitled to receive no fringe benefits provided for in the resolution or
in
SECTION 18. LEAVES OF ABSENCE.
A. Leave of Absence Without Pay. For all regular employees as described herein, the following
Leave Without Pay procedure shall apply:
1. After all available leave benefits, including vacation, compensatory time, sick leave, and
other leave benefits have been completely used, a regular employee, not under suspension,
may make written application to the department head for leave without pay. No such leave
will be considered absent a written application from the employee requesting leave.
2. If the department head and the Personnel Director agree that such leave is merited and in the
interest of the City, leave may be granted for a period not to exceed six (6) months following
the date of expiration of all other allowable leave benefits.
3. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement,
or any other benefits shall accrue to any employee on leave of absence without pay except as
denoted under the FCML section below. During such leave in excess of five working days,
no seniority shall be accumulated.
4. Subject to and consistent with the conditions of the group health, life or disability plan,
overage 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 ofthe 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
t:xtension of leave of absence, the City shall consider that the employee has abandoned his
t:mployment with the City and shall be terminated.
7. An employee on leave of absence must give the City at least seven days' written notice of his
intent to return to work prior to returning to work.
8. Any employee who engages in outside employment during said leave of absence without
prior notification and approval of the Personnel Director and department head may be subject
to termination.
9. Any employee who falsifies the reason for the request for said leave of absence may be
terminated.
8
10. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically
rdated conditions, except that such an employee shall retain hislher seniority rights.
11. Forms setting forth the benefits available or such other pertinent information shaH be
maintained for distribution in the Personnel Services Department.
B. Industrial Leave for Safety Employees. For the classifications of Police Chief and Fire Chief,
industrial leave shaH be granted in accordance with Labor Code Section 4850 as it now exists or
hereinafter may be amended.
C. Industrial Leave for Non-Safety Employees. For the remaining classifications described
in Exhibit "A" and Exhibit "B" herein, industrial leave shall be granted as
follows:1) A regular employee who is temporarily or permanently disabled as a result of injury
or illness determined to be compensable under the Workers' Compensation Act shall be
granted industrial leave on the following terms and
conditions:a) An employee granted industrial leave shaH 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 shaH b,~ remitted to the Finance
Department.2) Should it be determined that an employee's illness or injury did not arise in the course
of the employee's employment with the City and that the employee is not temporarily or
permanently incapacitated or disabled, as a result of an industrial injury or illness, then the employee's accrued,
or if insufficient, future sick leave shaH 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
Act.4) No employee shall have accrued sick leave deducted while on industrial leave.
Vacation and sick leave shall accrue for an employee on
industJialleave.5) Industrial leave shall expire when any of the following conditions
occur:a) The employee is able to return to work and assume the duties of his regular
position.b) The employee is able to return to work to another position designated by the
City.c) The day before the employee is retired or separated for disability. The employee'
s retirement date" shall be determined by the Public Employees' Retirement
System.d) After 52 weeks of industrial
leave.
6) Employees who have not previously submitted notification of Election of Personal
Physician are required to use only physicians and medical facilities approved by the City during
the first 30 days after an occupational injury or illness is reported. After the first 30 day period,
an employee may change to a physician specified by him or her provided the physician has the
expertise to treat the injury or illness and agrees to provide the timely reports to the City.
However, if an employee has notified the City in writing, prior to the date of injury, that he has a
personal physician, the employee shall have the right to be treated by such physician from the
date of injury providing that:
a) The physician has previously directed the medical treatment of the employee.
b) The physician retains the medical records and history of the employee.
An employee may request one change of physician during the first 30 days after the injury or
illness is reported.
D. Jury Duty and Services as Witness for City. 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 tht: 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.
E. Personal Necessity Leave. Employees herein may be allowed up to three 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.
F. 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.
G. 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 hours of sick leave will accrue
for each month of continuous
service.2) Sick leave will be charged at the rate of one-half hour for each one-half
hour an
employee is absent.3) Any employee eligible for sick leave with pay may use such leave
for
the
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;
and/or
c) 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.
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 caLlsed by illness or injury of a member of the
employee's family except as provided for in Subsection G(3)(c) above. In any instance involving use
of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be
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 furnish a certificate issued by a licensed physician or nurse or other
satisfactory written evidence of any
subsequent illness.5) Sick Leave Payout Program. Unused sick leave shall be paid off according
to
the following:a) All sick leave accrued prior to January 1, 1992 shall fall under the
following
payout formula:1) Accumulated sick leave balances as of December 31,1991 shall be set
aside in a designated sick leave account and no further accumulation will be
placed in this bank. This accumulated sick leave will be available for the
employee's use according to the provisions outlined in Section G. (2), (3)
and (4).2) Upon retiring from City service and entering the
Public Employees'Retirement System, an employee shall receive no pay for the first 60
days of accrued sick leave (0 to 480 hours), but shall receive 25% pay for the
first 30 days of accrued sick leave after the first 60 days of accrued sick leave (
481 to 720 hours), and 50% of all accrued sick leave thereafter (721 hours
and up).3) Upon the death of an employee while employed by the City, 100%
of all accrued sick leave benefits accrued prior to January 1, 1992 shall be
paid to the beneficiary of the deceased employee. Payment will be made
when proper authorization for payment is received from the estate of
the
decedent
b) All sick leave accrued after December 31, 1991, shall be placed in a new accrual bank
arid have no maximum accrual amount. Any hours accumulated in this bank shall be eligible
for the following payout program:
1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have
the option to convert 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 16. 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 separation of employment from the City for any reason, 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).
6) 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.
c) Employees hired prior to January 1, 1992 and promoted to top management after
January 1, 1992 shall have their sick leave hours earned prior to January 1, 1992
placed into the prior sick leave bank. To establish this prior sick leave bank, the
employee must have a minimum of 352 hours of sick leave benefits accrued prior to
their promotion into the top management resolution.
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:
1) Bereavement leave may only be used upon the death or critical illness where death appears to
b<~ 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 working days per incident and shaJl 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 infornl his
immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with
pay for the period of absence.1. Family Care and Medical Leave (FCML). State and
Federal laws require the City to provide family and medical care leave for eligible
employees. The following provisions set forth employees' and employer's rights and obligations with respect
to such leave. Rights and obligations which are not specifically set forth below are set forth
in the City's Administrative Manual,Personnd Section, #2.61. Any provisions not set forth in the
Administrative Manual are set forth in the Department of Labor regulations implementing the Federal
Family and Medical Leave Act of 1993 (FMLA) and the regulations of the
California Fair Employment and Housing Commission implementing the California Family Rights Act (
CFRA) (Govemment Code Section 12945.2).Unless otherwise provided, "Leave" under this article shall mean
leave
pursuant to the FMLA and CFRA.An employee's request for leave is subject to review and
final approval of the Personnel Director.1. Amount of Leave. Eligible employees are entitled to
a total of 12 workweeks ofleave 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 "roJling 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 aJl accrued leaves (except sick leave) in connection with the leave. This
includes vacation, holiday, and other compensatoryaccruals. If an employee requests leave for his/her
own serious health condition, in addition to exhausting accmed leave, the employee must also exhaust
sick leave. The exhaustion of accrued leave will run
concurrently with the Family Care and Medical Leave.3. Required Forms. Employees must
fill out required forms, available in the Personnel Department, including:
Request
Authorization for Payroll Deductions for benefit plan coverages (if applicable); and Fitness-
for-Duty to return from
leave.SECTION 19. TRAVEL EXPENSE
ALLOWED,A. Milea.ge Reimbursement. Expense claims for the use of private automobiles must be
authorized by the department head, and submitted to the Accounts Payable division of the Finance Department
for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile
allowed under the current IRS
regulations.B. Out-of-City Travel. If the estimated expense of contemplated travel out-
of-the-City is too great to expect the: employee to finance the trip and be reimbursed upon
his return, the City Manager may authorize advance payment ofthe estimated amount of
the travel expense to the employee.C. Tourist-Class airplane passage
will be considered standard for out-of-town travel.D. Use of personal cars for out-of-City
trips, within the State, may be approved by the City Manager when use of commercial transportation is
not available or practical. If an employee prefers to use his personal car, he may be reimbursed mileage
expenses as long as the expenses do
not exceed the amount of the cost of the commercial transportation.E. Expenses for air,
rail, or public transportation will be allowed whenever such transportation is necessary for conduct of City
business. In addition, the following expenses and charges
will be allowed,whenever necessary, for the conduct of City business.1)
Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropria.te to the purpose
of the trip and must be approved by the department head.2:) Telephone
and telegraph charges will be allowed for official calls and telegrams.3) Expenses for
meals will be reimbursed according
to Administrative
Policy Number 4.13.SECTION 20. OTHER FRINGE BENEFITS,A. Retirement.1. 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.2. Effective July 2, 2000, the City agrees
to pick up the employee's 4% cost to fund the enhanced PERS 2%
@ 55 retirement benefit for civilian employees. However, if at any time in the future, the City
is required to contribute as the Employer to the PERS system for
miscellaneous employees, the City will conduct an actuarial evaluation to determine what portion of that Employer contribution
rate is due to the cost for the 2% @ 55 benefit.
If any portion of the future Employer contribution rate for miscellaneous employees is based on the cost
for
pay that portion of the Employer rate, through pre-tax payroll deduction, to cover the
cost of the 2% @ 55 benefit at that time, from a minimum of 0.5% not to exceed 4.0%
of
salary.3. 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 borne by the City
and
employees.4 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).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
irrevocable.C. Medicare. The City shall pay for the employee's portion of the contribution (1.45%)
for Medicare coverage for all employees hired since the effective date in April,
1986.D. 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.E. 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.F. Me:dical Maintenance Examination Program. Effective July 1, 1999,
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
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
The balance of any funds remaining after an annual physical examination, up to the maximum of
495 for Executive Directors, and $395 for Top Management employees, may be used for the following
health-related
activities: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.Employel~s who do not undergo an annual physical examination may receive up to $495 per
fiscal year (for Executive Directors) and $395 per fiscal year (for Top Management Employees)
towards reimbursement for items 1,2, and/or 3 above. Requests other than annual physicals must be
approved,prior to purchase or participation, by the Personnel
Director.The City will not reimburse employees for any of the above listed activities for family/
dependent health related
expenses.G. Educational Assistance. The City will reimburse employees for the cost of tuition,
textbooks,parking fees, and health fees required for approved community college and college courses, as well
as job-required licensing, testing, renewal, and registration fees. An approved course is one
designated to directly improve the knowledge of the employee relative to his specific job, and must be approved
by the department head and the Personnel Director prior to registration. Full reimbursement up to
the amount specified below will be provided based upon completion of the approved course(s) with a final
grade of C"
or better.Educational assistance payments to an employee shall not exceed $1,500.00 in anyone
fiscal year and he must still be employed by the City when the course
is completed.The City agrees to allow reimbursement to Executive Directors up to $1,000, and
Top Management employees up to $800 of the $1,500 allotted per fiscal year for activities which aid in
their professional development. Reimbursable activities include
the following:1. Attendance at job-related professional
conferences and seminars;2. Paym.ent 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 modifications are made to recognize and encourage staff
to pursue educational and public relations oriented activities beyond those normally budgeted for them by
their
which they are directed to participate. Approved activities are those which may be expected to further
their knowkdge of their jobs and the Orange community and which contribute to their improved
effectiveness.
Indi vidual 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 professional
development allotment toward the purchase of a handheld personal organizer. Top Management
employees may be reimbursed up to $150 of their $800 professional development allotment toward the
purchase of a handheld personal organizer. The model(s) of handheld personal organizer that may be
reimbursabk shall be established by the City. Such reimbursement may be authorized only once per
every two (2) fiscal years.
H. Uniforms. The City shall purchase uniJorms for all regular uniformed members of the Police
Department and the Fire Department.
1. Assignment Pay. Effective July 1, 1996, the Administrative Secretary 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.
SECTION 21. 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 21.B Flexible Benefits Plan below, the City shall contribute
toward the payment of premiums under the PERS Health B'enefits 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.
B. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan for
active full-time and part-time eligible employees and pay the following amounts to provide
funds for optional dental plans, vision plans, health plans, or
miscellaneous pay:Participating
Employee Classifications
City Manager Executive Directors (as listed in
Exhibit "A")Top Management Employees (as listed in
Exhibit "B")
Monthly Contribution 1,
044.00
984.00
684.00 The City's payment towards the Flexible Benefits Plan is exclusive of the $16 payment
in Section 21.A. The members of the City Council shall receive the same benelits noted under
flexible benefits plan as provided to employees noted as "Executive Directors" above. The City Treasurer
shall
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 21 A and B necessary to maintain
benefits unde:r 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 t:nrolled 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 21 B towards the Flexible Benefits Plan. In
the event tht: employee loses eligibility (with documentation) the employee may enroll in the PERS
Health Benefits Plan pursuant to their rules and regulations.
SECTION 22. MEDICAL SAVINGS PLAN. The City Council will agree to consider a Medical
Savings Plan for employees covered by this resolution to become effective no later than June 1, 2002 at
no additiona'l cost to the City. Personnel staff will provide a detailed report with recommendations to
the City Council for their consideration and final approval. Essentially, if approved, the plan would
allow employees to defer qualified paid leave benefits on a tax-deferred basis into a savings account
to help offset the cost of medical expenses upon
retirement.SECTION 23. 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 24. 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.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, 2002 and shall continue in full force and effect until February 28, 2003 unless
otherwise
amended.ADOPTED this 12th day of February,
2002.
ATTEST:
AAA;A~
Cassandra J. Cathc
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 12th day of February, 2002 by the following
vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY. COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
19
EXHIBIT "A"
EXECUTIV); DIRECTORS
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 24, 2002
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Assistant City Manager 650 9123 9590 10077 10591 11132 11699
Chief Clerk" 554 5652 5940 6243 6562 6896 7248
City Attorney 660 9590 10080 10592 11133 11701 12297
Community Development Director 627 8134 8550 8985 9443 9926 10431
Community Se:rvices/Library Director 624 8014 8423 8851 9303 9778 10276
Economic Development Director 620 7855 8257 8676 9119 9585 10073
Finance Director 624 8014 8423 8851 9303 9778 10276
Fire Chief 640 8679 9123 9586 10076 10590 11130
PersonneVEmployee Relations Dir. 620 7855 8257 8676 9119 9585 10073
Police Chief 646 8943 9400 9878 10382 10912 11468
Public Works Direclor/City Engineer 640 8679 9123 9586 10076 10590 11130
Additional compensation for elective office not included in the listed salary.
EXHIBIT "B"
TOP MANAGEMENT EMPLOYEES
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 24, 2002
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Accounting M.anager 544 5377 5651 5940 6243 6561 6896
Administrative Analyst I 474 3793 3986 4189 4403 4627 4863
Administrative Analyst II 494 4190 4404 4629 4865 5113 5374
Administrativl:= Secretary 437 3153 3314 3483 3661 3848 4044
Assislant City Attorney I 594 6900 7253 7621 8010 8419 8848
Assistant City Attorney II 604 7253 7624 8011 8420 8850 9301
Assistant City Engineer 587 6663 7004 7360 7735 8130 8545
Assistant Finance Director 580 6435 6763 7108 7470 7851 8252
Assistant 10 City Manager 533 5090 5350 5623 5909 6211 6527
Business & Public Affairs Manager 540 5271 5540 5822 6119 6431 6759
Chief Building Official 587 6663 7004 7360 7735 8130 8545
20
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
City Librarian 580 6435 6763 7108 7470 7851 8252
City Records Program Manager 498 4275 4493 4722 4963 5216 5482
Community Services Manager 580 6435 6763 7108 7470 7851 8252
Deputy City Clerk 498 4275 4493 4722 4963 5216 5482
Economic Developmenl Proj. Mgr. 544 5377 5651 5940 6243 6561 6896
Emergency Medical Services Mgr. 558 5766 6060 6369 6694 7035 7394
Employee Benefits Coordinator 479 3888 4087 4295 4514 4744 4986
Equipment Main!. Superintendent 544 5377 5651 5940 6243 6561 6896
Executive Secretary 473 3774 3966 4168 4381 4604 4839
Field Maintenance~ Superintendent 544 5377 5651 5940 6243 6561 6896
Finance Supervisor 501 4339 4561 4793 5038 5295 5565
Housing Manager 544 5377 5651 5940 6243 6561 6896
Internal Audit Manager 545 5404 5680 5969 6274 6594 6930
InvestmenliRevenue Officer 512 4584 4818 5063 5322 5593 5878
Mgr Trans Svcs/City Traffic Eng 587 6663 7004 7360 7735 8130 8545
Personnel Analyst I 479 3888 4087 4295 4514 4744 4986
Personnel Analyst II 506 4449 4676 4914 5165 5428 5705
Personnel Services Manager 561 5853 6152 6465 6795 7142 7506
Planning Manager 587 6663 7004 7360 7735 8130 8545
Police Communications Manager 536 5167 5430 5707 5998 6304 6626
Principal Civil Engineer 575 6276 6596 6933 7286 7658 8049
Purchasing Officer 544 5377 5651 5940 6243 6561 6896
Recreation Superintendent 544 5377 5651 5940 6243 6561 6896
Risk Manager 571 6152 6466 6796 7142 7507 7890
Senior Ass!. to the City Manager 556 5709 6000 6306 6628 6966 7321
Senior Econ Development Proj Mgr 564 5941 6244 6563 6897 7249 7619
Senior Housing Manager 564 5941 6244 6563 6897 7249 7619
Senior Librarian 515 4653 4890 5140 5402 5677 5967
Senior Personnel Analyst 536 5167 5430 5707 5998 6304 6626
Street Maint. Division Manager 587 6663 7004 7360 7735 8130 8545
Water Manager 587 6663 7004 7360 7735 8130 8545
21