RES-9237 Employment Terms Executive Directors and Top Management Effective March 2000 through February 2001RESOLUTION NO. 9237
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 EMPLOYEES1, AND REPEALING
RESOLUTION NO. 9083 AND AMENDMENTS
THERETO.
WHEREAS, the City Council of the City of Orange has consulted with certain employees
described herein; and
WHEREAS, the City Council of the City of Orange wishes to set forth wages, hours and
conditions of employment for the period of March 1,2000 through February 28, 2001;
NO\V, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange authorizes
staff to adjust the Fiscal Year 1999/2000 budget, as well as the proposed Fiscal Year 2000/2001 budget,
to reflect the changes approved in this resolution, and that the wages, hours and conditions of
employment for the period of March 1, 2000 through February 28, 2001 be adopted and set forth as
follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic
compensation plan for all executive directors and top management employees of the City of Orange who
are now employed, or will in the future be employed in any of the classifications of employment listed in
this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it shall
be understood to include the feminine gender. Whenever the term "department head" is used, it shall be
understood to include the City Manager when the personnel action affects a department head.
SECTION 2. SALARY AND WAGE SCHEDULE. The monthly salaries for employees
covered by this Resolution are hereby incorporated, and listed in Exhibits "A" and "B."
The attached salary and wage schedules shall constitute the basic compensation plan consisting of
six steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters "A" to "F" inclusive.
The minimum length of service required for advancement to the next higher step, is provided in Section
5 and 6.SECTION
3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges
and steps contained in the attached salary schedule are monthly compensation rates.For
all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied
by 12 divided by 2080 annual hours. In deternlining the hourly rate, compensation shall be calculated
to the nearest 1/2cent.1
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 2,080
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. ADV ANCEMENT WITHIN SCHEDULE.
The following regulations shall govern
salary advancements within ranges:A. Merit Advancement. An employee may be considered
for advancement through the applicable salary range upon completion of the minimum 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. A
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 in yearly increments.4) A lapse of service of30 continuous calendar days or more for any reason
shall extend the due date for the merit performance evaluation by an equal
number
B. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, the department head may recommend to the Personnel
Director that the employee be advanced to a higher pay step without regard to the minimum length of
service requirements contained in this Resolution. The Personnel Director may, on the basis of a
department head's recommendation, approve and effect such an advancement.
C.
I...,ength of Service Required When Advancement is Denied. When an employee has not been approved
for advancement to the next higher salary step, he may be reconsidered for such advancement at
any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action
as provided in Section 6.A. above.SECTION
7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step
higher than Step "A" may be reduced by one or more steps upon the recommendation of the department
head 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 em opportunity to demonstrate suitability for the job. Under certain conditions, with approval
of the Personnel Director, the department head may extend the probationary period. The employee shall
attain regular status in the class upon successful completion of the probationary period. An employee
who does not satisfy the standards of the class during the probationary period shall be notified in writing
and termination or demotion proceedings shall be initiated. 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 not othelwise provided by law.
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 position in a lower
classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in
accordance with the following provisions:
A. The: salary rate shall be reduced by at least one step.
B. The new salary rate must be within the salary range for the classification to which the employee
was demoted.
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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, department heads, 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.
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 benefit then provided for in this Resolution shall prevail.
SECTION 14. ADMINISTRATIVE 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 leave 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 1/2
hour, while additional actual absence ofover 1/2 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
year; and G. Administrative leave not used by December 31 in the calendar year in which it is accrued
shall
be
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 Holidavs. 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 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. 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'~, 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
the employee's
accumulated vacation.SECTION 16. VACATIONS.A. AU full time regular employees described herein, who have
one year continuous service shall thereafter accrue paid vacation in
accordance
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:
Vacation Hours After Y ear( s) Vacation Hours
Per Year of service Per Year
104 16 188
114 17 192
124 18 196
134 19 200
144 20 204
148 21 208
152 22 212
156 23 216
160 24 220
164 25 224
168 26 228
172 27 232
176 28 236
180 29 240
184 30 244
B. Vaeation 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. 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
After Y ear( s)
of service
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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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)(1)(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 the prorated portion of their final accrual. Prorated vacation shall be on the basis of one-
twelfth (1/12) 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) Jtegular 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) :remporarv part-time employees shall be those employees scheduled in
the budget to work less than 20 hours per week on a year-round basis (
52 weeks minus approved leave).3) Seasonal employees shall be those employees who are scheduled in
the budget to work on less than a year-round basis regardless of
hours worked. 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, and retirement contribution. Regular part-
time employees may receive step increases
provided they have performed 2,080 hours of service.C. Temporary and seasonal employees shall
be entitled to receive no fringe benefits provided for in the resolution or in any
resolution of the City unless
otherwise required by law.SECTION 18. LEAVES OF ABSENCE.A. Leave of Absence Without Pay.
For all regular employees as described
herein,
1. After all available leave benefits, including vacation, compensatory time, sick leave, and
other leave benefits have been completely used, a regular employee, not under suspension,
may make written application to the department head for leave without pay. No such leave
will be considered absent a written application from the employee requesting leave.
2. If the department head and the Personnel Director agree that such leave is merited and in the
interest of the City, leave may be granted for a period not to exceed six (6) months following
the date of expiration of all other allowable leave benefits.
3. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement,
or any other benefits shall accrue to any employee on leave of absence without pay except as
denoted under the FCML section below. During such leave in excess of five working days,
no seniority shall be accumulated.
4. Subject to and consistent with the conditions of the group health, life or disability plan,
coverage may be continued during a leave, provided direct payment of the total premium by
he employee is made through and as prescribed by the Payroll Division of the City. The
City will pay up to six months of the Flexible Benefit Plan contribution for employees who
are on long term disability leave.
5. At the end of any approved leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel Director at least ten
10) days before the end of the approved leave, stating the reasons why the additional leave is
required and why it would be in the best interests of the City to grant such leave of absence.
If such additional leave is merited and would still preserve the best interests of the City, the
Personnel Director may approve such extension of the leave of absence for a period up to, but
not to exceed, an additional six months.
6. If the employee does not return to work prior to or at the end of such leave of absence or
extension of leave of absence, the City shall consider that the employee has abandoned his
employment with the City and shall be terminated.
7. An employee on leave of absence must give the City at least seven days' written notice of his
intent to return to work prior to returning to work.
8. Any employee who engages in outside employment during said leave of absence without
prior notification and approval of the Personnel Director and department head may be subject
to termination.
9. Any employee who falsifies the reason for the request for said leave of absence may be
terminated.
10. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically
related conditions, except that such an employee shall retain her seniority rights.
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11. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
B. Industrial Leave for Safety Employees. For the classifications of Police Chief and Fire Chief,
industrial le~ave shall be granted in accordance with Labor Code Section 4850 as it now exists or
hereinafter may be amended.
C.
Industrial Leave for Non-Safety Emplovees. 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 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 disabled, as a result of an industrial injury or illness, then the employee's accrued, or
if insufjicient, future sick leave shall be charged to reimburse the City for any payments made to the
employee pursuant to (1) above.
3) An industrial leave of up to one year shall be authorized for each injury or illness
determined to be compensable under the Workers' Compensation 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 any ofthe 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,
9
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 or
she 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 ofthe employee.
An lemployee may request one change of physician during the first 30 days after the injury or
illness is reported.
D. ,fury Duly 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 the employee serving as a witness for the City. An employee shall be required to pay any
witness fees that accrue to the employee for his witness service to the City as a condition of receiving his
normal pay while serving as a witness for the City. Any exceptions to this provision must meet the
approval ofthe 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 foUowing:
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
following reasons:a) Medical and dental office appointments during work hours when authorized
by the department head or his designee;
and/
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) 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
aecumulated sick leave.
4) ~)ick Leave Application. Sick leave may be applied only to absence caused by illness or
injury of an employee and may not extend to absence caused by illness or injury of a member of the
employee's family except as provided for in Subsection 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 employee.b) All sick leave accrued after December 31, 1991, shall be placed in a new
accrual bank and have no maximum accrual amount. Any hours accumulated in this bank shall
be eligible for the following
payout
1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have
the option to convert up to 40 hours of their unused sick leave to vacation in the
first pay period of the following year.
2) Employees with sick leave usage of 27.5 to 36.0 hours per calendar year may
convert up to 30 hours of unused sick leave to vacation the following year.
3) Employees must have a minimum balance of 180 hours of sick leave, combining
both sick leave banks, available after conversion. 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.
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 tenns and
conditions:1 ) Bereavement leave may only be used upon the death or critical illness where death appears
to be imminent of the employee's immediate family. "Immediate family" as used in
this subsection, shall be limited to any relation by blood, marriage or adoption, who is a
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 ofresidence.2) Days of absence due to bereavement leave shall
not exceed three working days per incident and shall not be deducted from the employee'
s accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor
of
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.
I. 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 City's Administrative Manual,
Personnel 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) (Government Code Section 12945.2).
Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and
CFRA.
An employee's request for leave is subject to review and final approval of the Personnel Director.
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1. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave
during any 12-month period. An employee's entitlement to leave for the birth or placement of
a child for adoption or foster care expires 12 months after the birth or
placement.The 12-month period for calculating leave entitlement will be a "
rolling period"measured backward from the date leave is taken and continues with each additional
leave day taken. Thus, whenever an employee requests leave, the City will look back over the
previous 12-month period to determine how much leave has been used in determining how much
leave a member is
entitled to.2. Use of Other Accrued Leaves While on Leave. If an employee requests leave
for any reason permitted under the law, he/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 Personnel Department, including: Request for Family or Medical Leave;
Medical Certification;Authorization for Payroll Deductions for benefit plan coverages (if applicable);
and Fitness-for-Duty to
return from leave.SECTION 19.
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-City Travel. If the estimated expense of contemplated
travel out-of-the-City is too great to expect the employee to finance the trip and be
reimbursed upon his return, the City Manager may authorize advance payment of the estimated
amount of the travel expense to the employee.C. Tourist-Class airplane
passage will be considered st,mdard 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 COS1: 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 appropriate to
the
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. 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 December 7, 1997, employees will have 4% of their salaries deducted, pre-tax,
to fund the enhanced PERS 2% at age 55 retirement formula. If the City agrees to pay for any or all
ofthis 4% employee payment for any other bargaining group, regardless of the effective date, the City agrees
to pay the same amount for employees covered by this
Resolution.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%).
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. Medical 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
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.
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-relatled
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 smokinglwellness/fitness
program.Employees 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, text
books,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 mus.t still be employed by the City when the course
is completed.The City agrees to allow reimbursement to employees of up to $750 of the $1,500 allotted
per fiscal year for aetivities which aid in their professional development. Reimbursable activities
include
the following:1. Attendance at job-related professional
conferences and seminars;2. Payment of membership dues in community and
professional organizations; and 3. Purchase of job-related professional journals, books,
and other written materials which further their knowledge and improve their
effectiveness in their duties.Participation and/or purchase must be approved in advance by the
department head
and the Personnel Director.The above modifications 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
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.
H. Uniforms. The City shall purchase uniforms for all regular uniformed members of the Police
Department and the Fire Department.I.
Assignment Pay. Effective July 1, 1996, the Administrative Secretary assigned the responsibility of
maintaining the City-wide 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 retire:es, 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 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.
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
Emplovee Classifications
City Manager Executive Directors (as listed in
Exhibit "A")Top Management Employees (as listed in
Exhibit "B")
Monthlv Contribution 1,
004.00
944.00
624.00 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 benefits noted under
flexible benefits plan as provided to employees noted as "Executive Directors" above. The City Treasurer
shall receive the same benefits under flexible benefits plan as provided to employees noted as "
Top
Management"above.C. .Any amounts in excess of the amount designated in Section 21 A and B necessary
to maintain benefits under any benefits plan selected by the employee shall be borne by
the employee.D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled in the City or enrolled in an agency with PERS health, unless the employee (or the spouse)
is enrolled without being covered as a family member. Additionally, an employee may choose not to be
enrolled in the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan,
the employee must provide proof, as determined by the Personnel Director, that comparable medical insurance
is in full force and effect. Based on determination that insurance is in full force and
effect,
employees shall receive the amounts designated in Section 21 B towards the Flexible Benefits Plan. In
the event the employee loses eligibility (with documentation) the employee may emoll in the PERS
Health Bene:fits Plan pursuant to their rules and regulations.
SECTION 22. 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 23. 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 24. EFFECTIVE DATES. This Resolution and attachments hereto shall be effective as
of March 1, 2000 and shall continue in full force and effect until February 28, 2001 unless otherwise
amended.
ADOPTED this 28th day of March, 2000.
L"" ,
e Coontz, ~aYO;Of the ~i
L
I
l.,/
ATTEST:
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 28th day of March, 2000 by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
NONE
NONE
NONE
18
EXHffiIT"A"
EXECUTIVE DIRECTORS
MONTHLY SALARY RANGES
EFFECTIVE ]?
EBRUARY 27. 2000 NEW
STEP STEP STEP STEP STEP STEP CLASSIFICATION
TITLE RANGE A B C D E F Chief
Clerk* 539 5245 5512 5793 6089 6399 6726 City
Attorney 642 8766 9214 9683 10177 10697 11241 Community
Development Director 614 7624 8013 8421 8851 9302 9776 Community
Services/LibraryDirector 610 7473 7855 8254 8676 9119 9583 Economic
Devdopment Director 606 7325 7700 8091 8504 8939 9394 Finance
Director 606 7325 7700 8091 8504 8939 9394 Fire
Chief 620 7855 8257 8676 9119 9585 10073 Personnel/
Employee Relations 606 7325 7700 8091 8504 8939 9394 Director
Police
Chief 626 8094 8508 8940 9396 9876 10379 Public
Works Director/City Engineer 627 8134 8550 8985 9443 9926 10431 Additional
compensation for elective office not included in the listed salary.EXHffiIT"
B"TOP
MANAGEMENT EMPLOYEES MONTHLY
SALARY RANGES EFFECTIVE
FEBRUARY 27. 2000 NEW
STEP STEP STEP STEP STEP STEP CLASSIFICATION
TITLE RANGE A B C D E F Accounting
Manager 529 4990 5244 5512 5793 6088 6399 Administrative
Analyst I 460 3537 3717 3907 4106 4315 4535 Administrative
Analyst II 480 3908 4107 4317 4537 4768 5011 Administrative
Secretary 423 2941 3091 3248 3414 3588 3771 Assistant
City Attorney I 581 6467 6797 7143 7508 7891 8293 Assistant
City Attorney II 591 6797 7145 7508 7891 8294 8717 Assistant
City Engineer 573 6214 6531 6864 7214 7582 7969 Assistant
Finance Director 565 5971 6275 6596 6932 7285 7657 Assistant
to City Manager 520 4771 5014 5270 5538 5821 6118 Bldg.
Maint. & Servo Superintendent 527 4940 5192 5457 5735 6028 6335 Business &
Public Affairs Manager 524 4867 5115 5376 5650 5938 6241 Chief
Building Official 569 6091 6402 6728 7072 7432 7811 19
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICA TION TITLE RANGE A B C D E F
City Librarian 565 5971 6275 6596 6932 7285 7657
City Records Program Manager 485 4006 4211 4426 4651 4888 5138
Community Services Manager 567 6031 6338 6662 7001 7358 7734
Deputy City Clerk 485 4006 4211 4426 4651 4888 5138
Economic Development Proj. Mgr. 531 5040 5297 5567 5851 6149 6463
Emergency Medical Services Mgr. 545 5404 5680 5969 6274 6594 6930
Employee Benefits Coordinator 463 3590 3773 3966 4168 4380 4604
Equipment Maint. Superintendent 527 4940 5192 5457 5735 6028 6335
Executive Secretary 459 3519 3699 3887 4086 4294 4513
Field Maintemmce Superintendent 527 4940 5192 5457 5735 6028 6335
Finance Supervisor 485 4006 4211 4426 4651 4888 5138
Housing Manager 531 5040 5297 5567 5851 6149 6463
Internal Audit Manager 532 5065 5323 5595 5880 6180 6495
Internal Auditor 482 3947 4148 4360 4582 4816 5061
InvestmentlRevenue Officer 499 4296 4515 4746 4988 5242 5509
Mgr Trans Svc:s/City Traffic 573 6214 6531 6864 7214 7582 7969
Engineer
Personnel Analyst I 463 3590 3773 3966 4168 4380 4604
Personnel Analyst II 490 4108 4317 4537 4769 5012 5267
Personnel Services Manager 545 5404 5680 5969 6274 6594 6930
Planning Manager 573 6214 6531 6864 7214 7582 7969
Purchasing Officer 528 4965 5218 5484 5764 6058 6367
Recreation Superintendent 527 4940 5192 5457 5735 6028 6335
Risk Manager 555 5680 5970 6275 6595 6931 7284
Senior Asst. to the City Manager 540 5271 5540 5822 6119 6431 6759
Senior Econ Development Proj Mgr 551 5568 5852 6151 6464 6794 7141
Senior Librarian 501 4339 4561 4793 5038 5295 5565
Senior Personnel Analyst 523 4843 5089 5349 5622 5909 6210
Street Maint. Division Manager 567 6031 6338 6662 7001 7358 7734
Water Manager 573 6214 6531 6864 7214 7582 7969
20