RES-9244 Employment Terms for Part-Time and Seasonal Employees, effective March 2000 through June 2002RESOLUTION NO. 9244
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RELATING TO THE
CLASSIFICATION, COMPENSATION, AND TERMS
OF EMPLOYMENT FOR PART-TIME AND
SEASONAL EMPLOYEES OF THE CITY OF ORANGE
EFFECTIVE MARCH 1, 2000 THROUGH AND INCLUDING JUNE
30,2002, AND REPEALING RESOLUTION NO. 8935
AND AMENDMENTS THERETO, FOR SAID
EMPLOYEES.WHEREAS, the City Council of the City of Orange wishes to set forth the wages, hours
and conditions of employment for March 1,2000 through June 30, 2002 for the employees described
herein,NOW, THEREFORE, be it resolved that wages, hours and conditions of employment be
adopted as
follows:SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a
basic compensation plan for all employees of the City of Orange who are now employed or will in the
future be employed in any of the designated classifications listed in this Resolution and its
attachments.Whenever the masculine gender is used in this Resolution, it shall be understood to include the
feminine gender. The term "employee(s)" shall refer only to those employees covered by this
Resolution.SECTION 2. SALARY AND WAGE SCHEDULES, Salaries effective March 26, 2000 and
July 1,2001 for employees covered by this Resolution are listed in Exhibit "
A."SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. For all
employees who have a regular weekly work schedule of 40 hours, the hourly rate of pay shall be the monthly
rate times 12 divided by 2080 hours. In determining the hourly rate as herein provided, compensation
shall be made to the nearest 1/2
cent.Employees may be considered for advancement to the next higher step upon completion of
two thousand eighty (2,080) hours of
service.SECTION 4. BEGINNING RATES. A new emploYE:e in Exhibit "A" of the City shall be paid
the rate shown in Step "A" in the range allocated to the class of employment for which he has been
hired,except that on the request of the department head under whom the employee will serve, and with
the authorization of the Personnel Director, such employee may be placed in Step "B", "C", "D", "E",
or F", if applicable, depending upon the employee's
qualifications.SECTION 5. SERVICE. The word service, as used in this Resolution, shall be defined to
mean continuous, part-time service in an employee's present classification, service in a
higher classification,or service in a classification allocated to the same salary nmge and having generally similar
duties and requirements. A lapse of service by any employee for a peliod of time longer than 30 days by
reason of resignation or discharge shall serve to eliminate the accumulated length of service time
of
employee ~or the purpose of this Resolution. An employee re-entering the service of the City shall
be considered as a new employee, except that he may be re-employed within one year and placed
in the same salary step in the appropriate compensation range as he was at the time of the
termination of employment. Except that for Community Services employees, service shall be
consecutive seasonal summer employment with the City in the Community
Serviees Department.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following regulations
shall govern salary advancements within ranges for employees in
Exhibit "A:"A. Merit Advancement. An employee may be considered for advancement
through the salary range upon completion of the minimum length of service as specified in Section
3 above.Advancement through the salary range may be granted only for continuous,
meritorious, and efficient service, and continued improvement by the employee in the effective performance
of the duties of his position. A merit increase shall become effective on the first day of the
next pay period following the completion of the length of service required for such advancement,
and shall require
the following:1) The department head in the department which the employee is
employed shall file with the Personnel Director a Personnel Action Form and
a completed Performance Evaluation form recommending the granting or denial of
the merit increase and supporting such recommendation with specific reasons
therefore. 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, after approval of
the Personnel Director, shall be forwarded to the Payroll Division of the Finance
Department for change of
payroll status.B. Special Merit Advancement. When an employee demonstrates exceptional
ability and profidency in the performance of his duties, his department head may recommend
to the Personnel Director that said employee be advanced to a higher pay step without regard
to the minimum length of service provisions contained in this Resolution. The Personnel
Director may,on the basis of a department head's recommendation, approve and effect such
an advancement.C. Length of Service Required When Advancement is Denied. When an employee
has not been approved for advancement to the next higher salary step, he may be reconsidered
for such advancement at any subsequent time. This reconsideration shall follow the same steps
and shall be subject to the same action as provided in the above paragraph
ofthis section.SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on
a salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the
head of the department in which he is employed with the approval of the Personnel Director. Procedure
for such reduction shall follow the same procedure as outlined for merit advancement in Section 6,
and such employee may be considered for re-advancement under the same provisions as
contained in subsection A)
of
SECTION 8. PROBATION. An employee scheduled in the duly adopted budget to work on an
average of at least 20 hours per week on a year-round basis initially appointed or promoted to a
class shall serve a probationary period during which time he shall have an opportunity to
demonstrate suitability for the job. Employees scheduled 20 hours or more per week, shall serve a
probationary period of 13 consecutive pay periods. Under certain conditions, with approval of the Personnel
Director,the department head may extend the probationary period. The employee shall attain regular status in
the class upon successful completion of the probationary period. An employee who does not satisfy
the standards of the class during the probationary period shall be notified in writing and termination
or demotion proceedings shall be
initiated.All part-time employees scheduled in the budget to work 19 hours or less per
week, probationary employees, and all seasonal employees are employed "At Will." The City reserves the right
to terminate the employment relationship at any time, with or without cause, for "At-
Will" employees. Initially appointed probationary, as well as all other "At-Will" t:mployees, shall not
be
entitled to appeal termination.SECTION 9. PROMOTION. When an employee is promoted to a
position in a higher classification, he may be assigned to Step "A" in the appropriate range
for the higher classification.However, if such employee is already being paid at a rate equal to or higher than Step "
A", he may be placed in a step in that appropriate salary range as will grant him an increase of at least
one, but no more
than three salary steps.SECTION 10. DEMOTION. When an employee is demoted to a
posItlOn in a lower classification, his salary rate shall be fixed in the appropriate salary range for
the lower classification in accordance
with the following provisions:A. The salary rate shall be reduced by
at least one step.B. The new salary rate must be within the salary range for
the
classification to which demoted.SECTION 11. REASSIGNMENT OF COMPENSATION RANGES.
Any employee who is employed in a classification which is reassigned to a different pay range
from the previously assigned shall be retained in the same salary step in the new range as he has previously held
in the prior range,and shall retain credit for length of service in such step toward advancement to
the next
higher step;provided, however:A. That if such retention shall result in the: advancement of more
than one step, the Personnel Director may, at his discretion, at the time of reassignment, place the
employee in a step which will result in an increase
of only one step.B. That if the reassignment shall be to a lower compensation range, the "
F" step of which shall be 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
new classification shall be reassigned to a compensation schedule which will allow for further
salary advancement, or until such time as the employee is promoted to a position assigned to
a
C. That if the reassignment is to a lower compensation range, the "F" step of which is
higher than the existing rate of pay of the employee, the employee shall be placed on that step of
the lower compensation range which is equivalent to the employee's existing rate of pay. If there
is no equivalent rate of pay, the employee shall be placed on the next highest step. The employee
shall retain credit for length of service previously acquired in such step toward advancement to the
next higher step.
SECTION 12. WORKING OUT OF CLASS. The City may work employees out of classification
for up to 20 consecutive working days without additional compensation. On the 21 st consecutive
working day the employee works out of classification and for each additional consecutive working day
the employee works out of classification, he shall be paid additional compensation at the Step "A" of the
class to which he is assigned, or 5% above the employee's regular salary, whichever is greater. To
qualify for working out of class pay, the employee must be performing all of the significant duties of the
higher level position and meet the minimum requirements of the higher level class.
SECTION 13. OVERTIME (COMPENSATORY TIME).
A. All employees covered by this Resolution, except FLSA exempt seasonal employees,
shall be entitled to compensatory time for all hours worked in excess of 40 hours within the
employee's work week. Compensatory time shall be accumulated at the rate of one-half hour
of compensatory time for each one-half hour of overtime worked. Only time actually
worked shall count in the computation of overtime, except that time off due to excused absence
for holidays,accumulated compensatory time off, vacation, and sick leave shall be counted
toward the computation of overtime. Compensatory time shall be accumulated to the nearest 1/
2 hour increment. Where an employee works less than 1/2 hour per day of overtime, the
employee shall not n~ceive compensatory time, and such time shall not count toward the computation
of overtime.In order to be entitled to compensatory time, such compensatory time must be authorized
by the department head or his authorized agent. An employee shall not be entitled
to accumulate compensatory time in excess of 80 hours during any calendar year.
Any accumulated compensatory time accrued in excess of 80 hours at year end shall be automatically paid
on the first pay period ofthe new
calendar year.B. Payment of Compensatorv Time. Overtime shall be paid at the regular rate
of payor equal time off, when authorized by the
department head.C. Payment Upon Termination. Employees shall be entitled to receive payment
for all accumulated compensatory time upon
their termination.SECTION 14. CALLBACK COMPENSATION. If benefited employees are required
to report back to work after completing a normal work shift and have left the City premises and/or
work location,they shall he compensated in cash or as compensatory time off at the straight time rate for
the actual hours of work with a minimum of two (2) hours callback compensation, regardless of
whether the employee works less than two (2) hours. This provision shall be applicable to employees
although the employees regular work week is not completed, but shall not apply to employees who are
continuing
on duty.SECTION
15.
A. Benefited employees shall receive the following paid holidays, based upon proration of
their hours if less than 40 per week:
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) A total of 9 hours of floating holiday
time B. In the event any of the above holidays, except1/2 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 1/2 day before Christmas, the
preceding Friday will be taken in lieu of the actual date on which the holiday
falls.C. In order to be eligible to receive holiday pay, an employee must have worked, or
be deemed to have worked because of an excused absence, the employee's regularly scheduled
day befor,e and regularly scheduled day after the holiday. Probationary benefited employees
are provided with and are eligible to use floating holiday and fixed holiday hours, according to
the guidelines established in this Section, and/or with approval of the Personnel
Director.D. Should one of the holidays listed above fall during an employee's vacation
period while an employee is on an excused absence with pay, the employee shall receive holiday pay
and no charge shall be made against the employee's accumulated
vacation.E. Notwithstanding the above, floating holiday hours shall be taken at the convenience
of the City with approval of the department head or his duly authorized agent. For purposes of
this benefit, employees will have credited one floating holiday as of January 1. This floating
holiday shall be taken as time off from work no later than December 31 of the same year. The
floating holiday is not accumulative and shall be forfeited should it not be taken during the year it
was earned. Employees under this section who terminate their employment with the City prior to
using the floating holiday shall receive cash reimbursement for said
holiday.F. All employees required to work on a holiday listed above, with the approval of
their supervisor, shall receive double time pay for hours worked on the holiday, or time off equal to
the number of hours the employee actually worked on the holiday. Employees who work in excess
of their regular number of hours on a holiday listed above, shall receive double time pay for all
such hours actually worked. Employees shall receive no other compensation whatsoever for working
on a
holiday.
SECTION 16. VACATIONS.
A. Benefited employees who have one year's continuous service, shall receive the
following vacation hours per year, based upon proration of their hours ifless than 40 per week:
After Years
of Service
1 thru 4
5 thru 10
11
12
13
14
15 thru 24
25 or more
Vacation Hours
Per Year
80
120
128
136
144
152
160
200
B. Vacation shall be taken at the convenience of the City with the approval of the
department head. Where possible, such vacation should be taken annually and not accumulated
from year to year. Vacation hours not in excess of the equivalent number of hours earned in the
imme:diately preceding 24 month period may be accumulated with the permission of the
department head and the Personnel Director. Employees shall not accumulate vacation in excess
of the equivalent number of hours earned in the immediately preceding 24 month period. All
vacation hours in excess of the equivalent number of hours earned in the immediately preceding
24 month period not taken by the employee shall be forfeited.
C. An employee may convert up to 50% ofh:ls current annual vacation accrual into pay in
lieu of time off with pay. An employee requesting such a conversion must meet the eligibility
requirements as set forth in Section 16(A) and may so convert once in a calendar year.
D. Employees who terminate their employment with the City shall be paid for all accrued
vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the
basis of 1/12 of the employee's annual vacation pay for each full month of service.
E. Probationary benefited employees accrue vacation, but may not use vacation until
successful completion of an initial probation period, except in the event of a City Hall holiday
closure, with approval of the Personnel Director.
SECTION 17. PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR
FRINGE
BENEFITS.A.
Definitions.i. Regular part-time employees shall be those employees scheduled in
the duly adopted budget to work 20 or more hours per week on a year-
round basis (52 weeks
minus
ii. Temporary part-time employees shall be those employees scheduled in
the approved budget to work less than 20 hours per week on a year-round
basis (52 weeks minus
approved leave).iii. Seasonal emplovees shall be those employees who are scheduled in
the budget to work on less than a year-round basis regardless of hours
worked per week.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 Upon Proration of Hours.
Benefited part-time employees shall receive fringe benefits in proportion to the number of hours an employee
is scheduled in the budget to work to the normal 40 hour week on an annual basis. The annual
schedule for all part-time employees shall be the schedule 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, medical insurance contribution, life
insurance contribution, disability insurance
contrlbution, and retirement contribution.C. Temporary and seasonal employees shall be entitled to
receive no fringe benefits provided for in this Resolution or in any resolution ofthe City, unless
otherwise provided by law.SECTION
18. LEAVESOF ABSENCE.A. .LEA VE 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 lnterest of the City, leave may be granted for a period not to exceed
six (6) months following the date of expiration of all
other allowable leave: benefits.3. No employment or fringe benefits such as sick :leave,
vacation, health insurance, retirement,or any other benefits shall accrue to any employee on leave of absence
without pay except as denoted under the FCML section below. During such leave in excess
of five working days,no
seniority shall be accumulated.4. Subject to and consistent with the conditions of the group health,
life or disability plan,coverage may be continued during a leave, provided direct payment of
the total premium by the 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
5. At the end of such leave, if the employee desires additional leave, written application must be
made through the department head to the Personnel Director at least ten (10) days before the
end of the six (6) month period, stating the reasons why the additional leave is required and
why it would be in the best interests of the City to grant such leave of absence. If such
additional leave is merited and would still preserve the best interests of the City, he may
approve such extension of the leave of absenc:e for a period up to but not to exceed an
additional six months.
6. [f 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.
11. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
B. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated for regular
part-time employees in accordance with the
following:1) For employees working a regular 40 hour week, eight (8) hours of sick leave
will accrue for each month of continuous service. Probationary employees may use
accrued sick leave during their probation
period.2) Any employee eligible for sick leave with pay may use such leave for the
following
reasons:a) Medical and dental office appointments during work hours when authorized
by the department head or his authorized agent; and/
or b) Personal illness or physical incapacity resulting from causes beyond
the employee's control; including pregnancy, childbirth and other medically
related
conditions.
c) Notwithstanding subsection (3) (b) above, no employee shall be eligible or
entitled to sick leave with pay for ~my illness or injury arising out of and in the
course of City Employment.
d) Family Leave. Benefited employe{:s may use up to one-half of their annual
sick leave accrual, per calendar year, for family related illness or
injury.3) Sick Leave Application. Sick leave may be applied only to absence caused by illness
or injury of an employee and may not extend to absence caused by illness or injury of
a member of the employee's family except as provided in Subsection B (2)( d) above.
In any instance involving use of a fraction of a day's sick leave, the minimum charged
to the employee's sick leave account shall be 1/2 hour, while additional actual absence
of over 1/2 hour shall be charged to the nearest full hour. Sick leave shall only be used
for the purposes stated and the department head shall be responsible for control
of employee abuse of the sick leave privilege. Employees may, upon prior notice,
be required to furnish a certificate issued by a licensed physician or nurse or
other satisfactory written evidence of any subsequent illness. 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 l(lave (0 to 480 hours), but shall receive
25%pay for the first 30 days of accrued sick leave after the first 60 days of accrued
sick leave (481 to 720 hours), and 50% of all accrued sick leave thereafter (721 hours
and
up).4) Upon the death of an employee while employed by the City, 100% of all accrued
sick leave benefits 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.5) Notwithstanding any other provision herein, an employee who is initially hired
after July 1, 1980 shall be allowed to accumulate and be credited with sick leave with
pay only up to a maximum of 620 hours. Sick leave hours in excess of such maximum
shall be
forfeited.6) As set forth above, sick leave may not be utilized for service connected illness or
injury.A state or federally funded grant employee who is not otherwise eligible or entitled
to industrial leave benefits may utilize accrued sick leave during the statutory
waiting period in order to supplement his workers' compensation benefits to a sum equal to
the difference between his wages and workers' compensation benefits to the extent of
such sick leave
accruals.c. BEREAVEMENT LEAVE. Benefited employees shall be entitled to take up to
three days of paid bereavement leave per incident on the following terms and
conditions:1) Bereavement leave may only be used upon the death or critical illness where
death appears to be imminent in the employee's immediate family. "Immediate family"
as used in this subsection, shall be limited to any relation by blood, marriage or
adoption,
who is a member of the employee's household (living at the same address) and any
parent, legal guardian, parent-in-law, brother-
in-law, sister-in-law, grandparent,grandchild, aunt, uncle, spouse, child, brother, or
sister
of the employee regardless of residence.2) Days of absence due to bereavement leave shall
not exceed three working days per incident and shall not be deducted from the
employee's accumulated sick leave. An employee on bereavement leave shall inform his
immediate supervisor of the fact and the reasons therefor as soon as possible.
Failure to inform his immediate supervisor,within a reasonable period of time, may be cause
for denial of bereavement leave with
pay for the period of absence.D. PERSONAL NECESSITY LEAVE. Employees may
be allowed up to one working day per month without pay, up to a maximum of six working
days per calendar year, for personal busim~ss with prior approval of the department
head. Employees shall accrue no employment beneflts for any personal necessity leave in excess of six days
per calendar year. In any instance involving use of a fraction of a day's personal necessity leave, time
taken shall be to the nearest one-half hour,
with a minimum charge of one-half hour.E. FAMILY CARE AND
MEDICAL LEAVE (FCML). State and Federal laws require the City to provide family and
medical care leave for eligible employees. The following provisions set forth employees' and employer's
rights and obligations with respect to such leave.Rights and obligations which are not specifically set forth
below are set forth in
the City's Administrative Manual, Personnel Section, #2.
34.. Any provisions not set forth in the Administrative Manual are set forth
in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (
FMLA) and the regulations of the California Fair Employment and Housing
Commission implementing the California Family Rights Act (CFRA)Govt:mment Code Section 12945.2).
Unless otherwise provided, "Leave" under this article shall
mean leave pursuant to the FMLA and CFRA.An employee's request for leave is subject
to
review and final approval of the Personnel Director.1. Amount of Leave. Eligible employees are
entitled to a total of 12 workweeks of leave during any 12-month period. An employee'
s entitlement to leave for the birth or placement of a child for adoption or foster
care expires 12 months after the birth or placement.The 12-month period
for calculating leave entitlement will be a "rolling period" measured backward from the date leave is
taken and continues with each additional leave day taken. Thus,whenever an employee requests leave,
the City will look back over the previous 12-month period to determine how much leave has
been
used in determining how much leave a member is entitled to.2. Use of Other
Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the
law, he must exhaust all accrued leaves (except sick leave) in connection with
the leave. This includes vacation, holiday, and other compensatory accruals. If an lemployee requests
leave
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 for Family or Medical Leave; Medical Certification;
Authorization for Payroll Deductions for benefit plan coverages (if applicable); and Fitness-
for-Duty to return from
leave.SECTION 19. LIFE INSURANCE. The City shall contribute the full premium towards a $23,
000 life insurance policy for each of the benefited
employees.SECTION 20. LONG TERM DISABILITY INSURANCE. The City shall contribute the
full premium toward a long term disability plan covering eligible benefited employees which pays 60%
of salary after a 60 day elimination period, up to a maximum benefit of$3,000 per
month.SECTION 21. HEALTH
BENEFITS.The City shall continue to contract with the Public Employees' Retirement System (PERS) to
make available those health insurance benefits provided under the Public Employees' Medical and
Hospital Care Act (
PEMHCA).A. Exc1ept 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$16.00 per
month.B. Flexible Benefits Plan. The City shall establish a Section 125 Flexible Benefits Plan
for benefited employees and pay the following amounts to provide funds for optional dental
plans,vision plans, health plans, or miscellaneous pay, based upon proration of hours if less than 40
per
week:Effe:ctive
Date April 1,
2000 January 1,
2001 January 1,
2002 Employee
Only 199.
00 209.
00 219.
00 Two
Party 334.
00 349.
00 364.
00
Family 444.
00 464.
00 484.
00 C. The City's payment toward the Flexible Benefit Plan is exclusive of the $16.00 payment
in Section 21
A.D. Any amounts in excess of the amounts designated in Section 21 A and B necessary to
maintain benefits under any benefits plans selected by the employee shall be borne by the
employee.E. An ,employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled in
the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse)
is enrolled without being covered as a family
member.
F. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses
not to be enrolled in the health plan, the employee must provide proof, as determined by the
Personnel Director, that comparable medical insurance is in full force and effect. Based on
determination that insurance is in full force and effec:t, eligible employees shall receive $200.00
toward the Flexible Benefits Plan. In the event that the employee loses eligibility (with
documentation) then the employee may re-enroll in the PERS Health Benefits Plan pursuant
to the PERS Health Benefits
Plan.SECTION 22.
RETIREMENT.A. All benefited employees shall participate in the Public Employees'
Retirement System. The City shall maintain its contribution of 7% ofthe employee's share to
the Public Employees' Retirement System. Employees will be provided an annual
report showing the amount of contribution so
made.B. Benefited employees are required to pay 4% oftheir salary, pre-taxes,
through payroll deduction, to fund the enhanced PERS 2% at age 55 retirement formula. If
the City agrees to pay for any or all of this 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.C. The City will provide the 1959 PERS Survivor Benefit at the Third
Level Option.D. All employees not covered under the Public Employees' Retirement
System shall participate in a defined contribution retirement plan in lieu of
Social Security contributions. The City shall contribute 3.75% of the employee's
eligible earnings towards the retirement plan. Part-time employees shall contribute 3.
75% of their eligible earnings toward
the retirement plan.SECTION
23. GRIEVANCE PROCEDURE.A. Definition of Grievance. A grievance shall be defined as a timely
complaint by an employee or group of employees concerning the interpretation or application
of specific provisions of this Resolution of the Rules and Regulations governing personnel
practices or working conditions of the City. Grievances shall not include disciplinary actions
taken
against "At-Will"employees.B. Business Days. Business days mean calendar days,
exclusive of Saturdays, Sundays,and lt~gal holidays
recognized by the City.C. Time Limits for Filing Written Formal Grievances. The time
limits for filing written formal grievances shall be strictly construed, but may be
extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the
City and the grieving party. Failure of the grieving party to comply with any of the time limits
set
constitute waiver and bar further processing of the grievance. Failure of the City to comply with
the time limits set forth in this Section shall automatically move the grievance to the next level in
the Grievance Procedure.
D. Informal Process. An employee must first attempt to resolve a grievance on an
infonnal basis by discussion with his immediate supeIvisor without undue delay.
Every effort shall be made to find an acceptable solution to the grievance by these informal
means at the most immediate level of supervision. At no time may the informal process go
beyond the division head concerned. In order that this informal procedure may be responsive, all
parties involved shall expedite this process. In no case may more than 10 business days elapse
from the date of the alleged incident giving rise to the grievance, or when the grievant knew or
should have reasonably become aware of the facts giving rise to the grievance and the filing of a
written formal grievance with the Personnel Director of the City, with a copy to the department
head in which the employee works. Should the grievant fail to file a written grievance within 10
business days from the date of the incident giving rise to the grievance, or when grievant knew or
should have reasonably become aware of the facts giving rise to the grievance, the grievance shall
be barred and waived.
E. Formal Process, Personnel Director, Department Head. If the grievance is not resolved
through the informal process, a written grievance is filed within the time limits set forth above, the
grievant shall discuss the grievance with the Personnel Director and the department head. The
Personnel Director and the department head shall render a decision and comments, in writing,
regarding the merits of the grievance and return them to the grievant within 10 business days after
receiving the grievance.
F. Formal Process, City Manager. If the grievance is not resolved in E above, or if no
answer has been received from the Personnel Director and department head within 10 business
days from the presentation of the written grievance to the Personnel Director and department head,
the written grievance shall be presented to the City Manager, or his duly authorized representative,
for dt:termination. Failure of the grievant to take this action will constitute a waiver and bar to the
grievance, and the grievance will be considered settled on the basis of the last Management
grievance response. The City Manager, or his duly authorized representative, shall render a final
decision on the merits of the grievance and comments, in writing, and return them to the grievant
within 10 business days after receiving the grievance. The City shall instruct its supervisors on the
proper use and implementation of this grievance procedure and every reasonable effort shall be
made by the employee and the supervisor to resolve the grievance at the informal step.
SECTION 24. TRAVEL EXPENSE ALLOWANCE.
A. Automobile Allowance. Expense claims for the use of private automobiles must be
submitted through the department head to Accounts Payable for reimbursement Such use, if
approved, will be reimbursed at the rate per mile allowed under the current IRS regulations.
B. Out-of-Citv Travel. If the estimated expense of contemplated travel out of the
City is too great to expect the employee to finance the trip and be reimbursed upon his return,
the City Manager may authorize advance payment of the estimated amount to
the
C. Tourist Class Airplane Passage will be considered standard for out-of-
town travel,
when: appropriate.D. Use of Personal Cars for out-of-City trips, within the State, may
be approved by the City Manager when use of commercial transportation is not available or
practical. If an employee prefers to use his personal car, he may be reimbursed the amount of
the cost of commercial transportation, or the IRS mileage rate, whichever is less. The rate per
mile allowed under the current IRS regulations may be approved for use of pt:rsonal cars when City
cars are not available E. When Air, Rail or Public Transportation is used, expense
for local transportation, such as taxi cabs and bus fare, will be allowed whenever such transportation is
necessary for
conduct of City business.1) Expense will be allowed for adequate
lodging. Hotel accommodations should be appropriate to the
purpose of the trip.2) Telephone and telegraph charges will be
allowed for official calls.3) Expenses for meals will be reimbursed
according to Finance Administrative
Policy No. 4.13.SECTION 25. EFFECTIVE DATES. This Resolution shall become effective
on March 1, 2000 through June 30,
2002, unless otherwise amended.ADOPTED this 11th
day
of
April,
2000.ATTEST:J'l / /j .(
1'1 . I ;/1~
Coontz~ ~
ayor:
r~
I
I I /IJ Cassandra
J.
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 11 th day of April, 2000 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Murphy, Slater, Coontz, Spurgeon, Alvarez
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
J!b~~T
Cassandra J. Cathc ,CIty Clerk of the CIty of Orange
15
EXHIBIT" A"
PART - TIME AND SEASONAL EMPLOYEES HOURLY
RATES Effective
March 26. 2000 NEW
STEP STEP STEP STEP STEP STE CLASSIF'
ICATIONTITLE RANG A B C D E F E
Assistant
Pool Manager 311 9.70 10.20 10.72 Community
Services Coord. 391 14.4615.20 15.98 16.79 17.65 18.55 Community
Services Leader I 251 7.19 7.56 7.95 Community
Services Leader II 271 7.95 8.358.78 Community
Services Leader III 291 8.78 9.239.70 Engineering
Intern 320 10.15 10.67 11.21 Management
Intern 303 9.329.80 10.30Park
Maintenance Helper 260 7.52 7.91 8.31Parking
Control Aide 338 11.11 ll.67 12.27 12.89 Police
Academy Trainee 387 $2,457 <monthly
Police
Cadet I 254 7.307.67 8.07 Police
Cadet II 276 8.15 8.57 9.00 Police
Reserve Levell 403 15.36 l6.14 16.96 Police
Reserve Level 2 363 12.58 l3.2213.89 Police
Reserve Leve13 343 11.38 l1.97 12.58 Pool
Manager 331 10.73 l1.27 11.84 School
Crossing Guard 276 8.15 8.579.00 School
Crossing Guard Supv 316 9.95 lO.4610.99 Swim
Instructor/Lifeguard301 9.23 9.70 10.20Swimming
Attendant 251 7.19 7.56 7.95 16
PART-TIME AND SEASONAL
EMPLOYEES HOURLY
RATES Effective Julv 1.
2001
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANG A B C D E F
E
Assistant Pool Manager 317 10.00 10.51 11.05
Communi1y Services Coord. 397 14.90 15.66 16.46 17.30 18.18 19.11
Community Services Leader I 257 7.41 7.79 8.19
Communi1y Services Leader II 277 8.19 8.61 9.05
Communi1y Services Leader III 297 9.05 9.51 10.00
Engineering Intern 326 10.46 10.99 11.55
Management Intern 309 9.61 10.10 10.62
Park Maintenance Helper 266 7.75 8.15 8.57
Parking Control Aide 344 11.44 12.02 12.64 13.28
Police Academy Trainee 393 $2,532 <
monthly
Police Cadet I 260 7.52 7.91 8.31
Police Cadet II 282 8.40 8.83 9.28
Police Reserve Level 1 409 15.82 16.63 17.48
Police Reserve Level 2 369 12.96 13.62 14.31
Police Reserve Level 3 349 11.73 12.33 12.96
Pool Manager 337 11.05 11.61 12.20
School Crossing Guard 282 8.40 8.83 9.28
School Crossing Guard Supv 322 10.25 10.78 11.33
Swim Instructor/Lifeguard 307 9.51 10.00 10.51
Swimming Attendant 257 7.41 7.79 8.19
17