RES-9083 Executive Directors and Top Management CompensationRESOLUTION NO. 9083
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. 8894 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, 1999 through February 28, 2000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
authorize staff to adjust the Fiscal Year 1998/1999 budget, as well as the proposed Fiscal
Year 1999/2000 budget, to reflect the changes approved in this resolution, and that the
wages, hours and conditions of employment for the period of March 1, 1999 through February
28, 2000 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. Salaries for employees covered by
this Resolution are hereby incorporated, and listed in Exhibits "A" and "B".
The salary and wage schedules attached hereto shall constitute the basic compensation
plan based on a 40 hour work week and 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 monthly salary schedule in the appendix
hereof are monthly compensation rates.
For all employees who have a regular weekly work schedule of 40 hours, the hourly rate of
pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. In determining
the hourly rate as herein provided, compensation shall be made 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 hours of employment equal to the minimum number of months
of service required by full-time employees. 1,040 hours of part-time employment
shall
equal six months'service.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 G1assification, or service in a classification allocated to
the same salary range and having !;)enerally 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 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 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.
Such merit advancement shall require the following:1) The department head shall file
with the Personnel Director a completed performance evaluation recommending the approval or denial
of the merit increase and supporting such recommendation with specific reasons
therefor. A disapproval, 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 Finance for change of payroll status.3) Advancement through the pay range, Step "
A" through
Step "F", shall occur in yearly increments.B. Special Merit
Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of his duties,
the
Personnel Director that the 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 on the employee's
anniversary date, he may be reconsidered for such advancement at any subsequent time.
This reconsideration 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 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
inSubsec:tion C of Section
6.SECTION 8. PROBATION. An employee described herein in 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 Personnel Director, the department head may extend
the probationary period. The employee shall attain regular status in the class upon
successful comple,tion 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 probationary employee shall not be entitled to
appeal termination or demotion
action.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.SECTION 11. REASSIGNMENT OF COMPENSATION RANGES. Any employee 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 shall prevail.
SECTION 14. OVERTIME PAY. No overtime compensation shall be provided for
employees covered by this Resolution, except as provided: (1) regular full-time
employees shan accrue 48 hours of administrative leave annually for continuous service; (
2)administrative leave shall be charged at the rate of nine hours for each day an employee
is absent except for an 8 hour day, when employees would be charged at 8 hours
of administrative leave. In any instance involving use of a fraction of a day's
administrative leave, the minimum charge to the employee's administrative leave account shall be 1/2
hour,while additional actual absence of over 1/2 hour shall be charged to the nearest full hour; (
3)usage of administrative leave shall be at the convenience of the City with the approval of
the respective department head or City Manager; (4) administrative leave shall be accrued at
the beginning of the pay period which includes January 1 of each year; (5) administrative
leave not used by December 31 in the calendar year in which it is accrued shall be
forfeited.
ECTION 15. HOLIDAYS. Employees covered by this Resolution, as well as the City
Manager, shall receive the following:
A. The following shall be paid as 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 Friday 4.
5 hours)10) December 25 (
Christmas Day)11) Two & one-
half floating holidays B. Floating Holidays. Employees will have credited to their paid leave
balance 22.5 f10atingl 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. These 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. Said employees then earn 22.5 floating
holiday hours effective at the beginning of the pay period which includes January 1, during the
course of this Resolution which shall be taken as time off from work during the calendar year
inwhichthe f1oatin\;1 holiday hours are earned. The floating holiday hours shall be
taken at the convenience of the City with the approval of the City Manager or the
department head. The f1oatin9 holiday hours are not accumulated and shall be forfeited should they
not be taken during the calendar year earned. Employees under this section
who terminate their employment with the City prior to using the floating holiday hours
shall receive cash reimbursement for
said holiday hours.C. 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. Except that,for those employees participating in a flexible schedule program,
when any of the above holidays falls on a regularly scheduled day off during the
week, except Y, day before Christmas, employees will be credited with nine
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.D. 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. Should an
employee fail to work the employee's regularly scheduled day before and after the holiday,
the employee shall not
be
E. 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. All full time regular employees described herein, who have one year continuous service
shall thereafter accrue paid vacation in accordance with the following schedules.
1) For employees described herein in Exhibit "A", as well as the City Manager, the
following schedule shall apply after one (1) year's continuous service:
Vacation Hours Vacation Hours
Per Year ~ 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 "8", the following schedule shall apply
after one year's continuous service:
After Year(s)
ofservi,~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Vacation Hours
Per Year
104
114
124
134
144
148
152
156
160
164
168
172
176
180
184
After Year(s)
of service
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
6
Vacation Hours
Per Year
188
192
196
200
204
208
212
216
220
224
228
232
236
240
244
B. Vacation 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
days earned in the immediately 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; therefore, effective August 7, 1994, 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 employee may convert a maximum of 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
and prorated vacation. 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 EMPLOYEES AND TEMPORARY
WORKERS ELIGIBILITY FOR
FRINGE BENEFITS.A. Definitions. 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). Temporary part-time workers shall be those employees
scheduled in the budget to work leiss than 20 hours per week on a year-round
basis (52 weeks minus approved leave).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 insurance contribution,
and retirement contribution. Regular, part-time employees may receive step increases provided they work the
actual number of hours a full-time employee would have had to work in order to be
entitled to progress to the next step of the salary range.C. Temporary
workers and seasonal employees shall be entitled to receive no fringe benefits provided for in the
resolution or in
any
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, and other
leave benefits have been completely used, a regular employee, not under suspension, may
ma~,e written application to the department head for leave without pay. No such leave will
be Gonsidered absent a written application from the employee requesting leave. 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 months following
the date of expiration of all other allowable leave benefits. 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.
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 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.
2) 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 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
absence for a period up to but not to exceed an additional six months. If the employee
doe,s 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 terrninated his employment
with the City.
3) 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. The City reserves the right to
not pay for any work prior to receiving written notice from the employee.
4) Any employee who engages in outside employment during said leave of absence
without prior notification and approval of the Personnel Director and department head shall
be subject to termination. Any employee who falsifies the reason for the request for said
leave of absence may be terminated for falsifying a request for leave of absence or
extension thereof.
5) Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Department.
8
B. Industrial Leave for Safety Employees. For the classifications of Police Chief and
Fire Chief, industrial leave shall be granted in accordance with Labor Code Section 4850 as it
now exists or hereinafter may be amended.
C. Industrial Leave for Non-Safety Employees. For the remalnlng
classifications described in Exhibit "A" and Exhibit "8" 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 nranted 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) Should it be determined that an employee's illness or injury did not arise
in the course and scope of the employee's employment with the City, as determined by
the Workers' Compensation laws and regulations, or 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 not sufficient, future sick leave shall be charged
to reimburse the City for any payments made to the employee pursuant to (1 )(a)
above.c) 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.d) No employee shall have accrued sick leave deducted while on
industrial leave. Vacation and sick leave shall accrue for an employee on industrial
leave.e) Industrial leave shall expire when any of the following conditions
occur:1) The employee is able to return to work and assume the duties of
his regular
position.2) The employee is able to return to work to another position
designated by the
City.3) The day before the employee is retired or separated for disability.
The employee's "retirement date" shall be determined by the
Public Employee's Retirement
System.4) After 52 weeks of industrial
leave.f) 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 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:
1) The physician has previously directed the medical treatment of the employee.
2) 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.
I). 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. Employees shall receive regular pay while serving on jury duty, 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 time spent by the employee serving as a witness for the City. Employees 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.
I::. Personal Necessity Leave. Employees 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.
IF. 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 Statl3 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) lFor 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 authorized agent;
and/or b) Personal Illness or physical incapacity resulting from causes
beyond the employee's control including pregnancy disability period when directed
by an authorized medical physician, and other medically related condition;
and/
c) Family Illness Leave. An employee is allowed up to four days (36 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 caused by illness or
injiury of a member of the employee's family except as provided for in Section 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. 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 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. Employees with
sick leave usage of 27.5 to 36.0 hours per calendar year may convert up to 30
hours
unused sick leave to vacation the following year. Employees must have a
minimum balance of 180 hours of sick leave, combining both sick leave banks,
available after conversion. The first conversion shall occur in the first pay period
of January, 2000 based upon sick leave usage in calendar year 1999.
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.
2) 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).
3) 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. The death or critical illness where death appears to be
imminent of the employee's immediate family. "Immediate family" as used in this
subsection, is limited to any relation by blood, marriage, or adoption, who is a member of
the employee's household (under the same roof) and any parent, substitute parent, parent-
in-law, grandparent, grandchild, aunt, uncle, spouse, child, brother or sister of
the employee, regardless of residence. Days of absence due to bereavement leave shall
not exceed three working days per incident. Bereavement leave is paid by the City, and
shall not be deducted from the employee's accumulated sick leave. An employee
on ber,eavement leave shall inform his immediate supervisor of the facts and the
reasons thel"efor as soon as possible. Failure to inform his immediate supervisor, within
a reasonable period of time, may be cause for denial of leave with pay for the period
of
absence.I. 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, #2.61. 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
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.
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 ompensatory accruals. If an employee requests leave for his/her
own serious health Gondition, in addition to exhausting accrued leave, the employee must
also exhaust sick Ileave. 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 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
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.
1) The rate per mile allowed under the current IRS regulations shall be approved for use
of personal cars when City cars are not available.
E. Air, rail, or public transportation used, expense for local transportation, such as
taxicabs and bus fare, will be allowed whenever such transportation is necessary for conduct
of City business. In addition, the following expenses and charges will be allowed, whenever
necessary, for the conduct of City business.
1) Expenses will be allowed for adequate lodging. Hotel accommodations shall be
appropriate to the purpose of the trip. .
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.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 to a maximum of $5,000
per
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
550.00
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 healthlfitness exercise equipment (Please see
Personnel for Approved Items);
and 3. Participation in a weight loss/stop smoking/well ness/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.Prior to July 1, 1999, Executive Directors shall be reimbursed up to a maximum of $495
per fiscal year, and Top Management employees up to $395 per fiscal year, for the cost of
a physical examination, and/or towards reimbursement for items 1, 2, and 3
above.G. Educational Reimbursement. The City will reimburse employees for the cost of
tuition and text books required for approved community college and college courses. 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 reimbursement payments to an employee shall not exceed $1,500.00 in
any one fiscal year and he must still be employed by the City when the course is
completed.The City agrees to allow reimbursement to employees of up to $600 of the $1,500
allotted per fiscal year for activities which aid in their professional development. Effective July 1,
1999,
the City will allow up to $750 per fiscal year for reimbursement of professional development
expenses. Reimbursable activities include the following:
1. Attendance at job-related professional conferences and
seminars;2. Payment of membership dues in community and professional
organizations;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 contriblJte to their
improved effectiveness.Individual departments may continue to budget funds for staff attendance
at professional conferences and seminars, for payment of professional membership dues, and
for the purchase of books, journals, and related written materials which enhance
the
staffs knowledge.H. Uniforms. The City shall purchase uniforms for all regular uniformed members
of the Police Department and the
Fire Department.I. i\ssignment 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 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 Benefits Plan
on behalf of each eligible active employee, and to the extent required by law, each
eligible retiree annuitant of PEF<~S, an equal contribution of $
16 per month.B. Flexible Benefits Plan. The City shall administer a Section 125
Flexible Benefits Plan for acti,ve full-time and part-time eligible employees and pay
the following amounts to provide funds for optional dental plans, vision plans,
health
Participating Employee Classifications
City Manager
Executive Directors
Chief Clerk
City Attorney
Community Development Director
Community Services/Library Director
Economic Development Director
Finance Director
Fire Chief
Personnel/Employee Relations Director
Police Chief
Public Works Director/City Engineer
Top Management Positions
Accounting Manager
Administrative Analyst I
Administrative Analyst II
Administrative Secretary
Assistant City Attorney I
Assistant City Attorney II
Assistant City Engineer
Assistant Finance Director
Assistalnt to City Manager
Building Maintenance and Services Superintendent
Business & Public Affairs Manager
Chief Eiuilding Official
City Records Program Manager
Community Services Manager
Deputy City Clerk
Economic Development Project Manager
Employee Benefits Coordinator
Equipment Maintenance Superintendent
Executive Secretary
Field Maintenance Superintendent
Housing Manager
Internal Audit Manager
Internal Auditor
Investment/Revenue Officer
Library Services Manager
Manager of Transportation Services/City Traffic Engineer
Personnel Analyst I
Personnel Analyst II
Personnel Services Manager
Planning Manager
17
Monthly Contribution
1,004.00
Monthly Contribution
904.00
904.00
904.00
904.00
904.00
904.00
904.00
904.00
904.00
904.00
Monthly Contribution
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
Top Management Positions (Continued)
Purchasllng Officer
Recreation Superintendent
Risk Manager
Senior Assistant to the City Manager
Senior E.conomic Development Project Manager
Senior Personnel Analyst
Street Maintenance Division Manager
Water Manager
Monthly Contribution
584.00
584.00
584.00
584.00
584.00
584.00
584.00
584.00
The City's payment towards the Flexible Benefits Plan is exclusive of the $16 payment in
Section 2.1....P!,. 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
enrollecl 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
Directol., 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 the employee
loses eligibility (with documentation) the employee may enroll in the PERS Health Benefits
Plan pLlrsuant to their rules and regulations.
SB~TION 22. INCENTIVE PAY PLAN. The City Manager may, for the employees
covered by this agreement, 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. Such 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.
TION 24. EFFECTIVE DATES. This Resolution and attachments hereto shall be
effective as of March 1, 1999 and shall continue in full force and effect until February 28, 2000
unless otherwise amended.
18
ADOPTED this 13th day of April 199~.
1
fEST:
J~A~Au;;r
City Clerk of the . y of Orange
l /
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 13th day of
April , 19~ by the following vote:
AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAINED:COUNCIL MEMBERS: NONE
City Clerk of th
19
EXHIBIT "A"
EXECUTIVE DIRECTORS
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 2B. 1999
NEW STEP STEP STEP STEP STEP STE
CLASSIFICj~TION TITLE RANGE A B C D E F
Chief Clerk;o 532 5065 5323 5595 5880 6180 649.
City Attorntly 634 8423 8854 9304 9779 10278 10802
Community Development Director 600 7109 7473 7853 8254 8675 9117
Community Services/Library Director 600 7109 7473 7853 8254 8675 9117
Economic Development Director 599 7074 7436 7814 8213 8632 9072
Finance Din3ctor 599 7074 7436 7814 8213 8632 9072
Fire Chief 610 7473 7855 8254 8676 9119 9583
Personnel/Employee Relations Director 599 7074 7436 7814 8213 8632 9072
Police Chief 616 7700 8094 8505 8939 9396 9874
Public Works Director/City Engineer 620 7855 8257 8676 9119 9585 10073
Additional compensation for elective office not included in the listed salary.
EXHIBIT "B"
TOP MANAGEMENT EMPLOYEES
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 28. 1999
NEW STEP STEP STEP STEP STEP STEP
CLASSIFIC,!\.TION TITLE RANGE A B C D E F
Accounting Manager 522 4818 5064 5322 5594 5879 6179
Administrative Analyst I 453 3415 3590 3773 3965 4167 4380
Administrative Analyst II 473 3774 3966 4168 4381 4604 4839
Administrative Secretary 416 2840 2985 3137 3297 3465 3642
Assistant City Attorney I 574 6245 6564 6898 7250 7620 8009
Assistant City Attorney II 584 6564 6899 7251 7621 8010 8418
Assistant City Engineer 565 5971 6275 6596 6932 7285 7657
Assistant Finance Director 555 5680 5970 6275 6595 6931 728
Assistant to City Manager 512 4584 4818 5063 5322 5593 587
Bldg. Maint. & Servo Superintendent 517 4700 4939 5191 5456 5734 602
Business & Public Affairs Manager 517 4700 4939 5191 5456 5734 602.
Chief Building Official 559 5795 6090 6401 6728 7071 7431
20
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
City Records Program Manager 478 3869 4066 4274 4492 4721 4961
Community Services Manager 555 5680 5970 6275 6595 6931 7284
Deputy City Clerk 478 3869 4066 4274 4492 4721 4961
Economic Development Proj. Mgr. 523 4843 5089 5349 5622 5909 6210
Employee Benefits Coordinator 453 3415 3590 3773 3965 4167 4380
Equipment lMaint. Superintendent 517 4700 4939 5191 5456 5734 6027
Executive Secretary 451 3382 3554 3735 3926 4126 4336
Field Maintenance Superintendent 517 4700 4939 5191 5456 5734 6027
Housing Manager 523 4843 5089 5349 5622 5909 6210
Internal Audit Manager 522 4818 5064 5322 5594 5879 6179
Internal Auditor 474 3793 3986 4189 4403 4627 4863
Investment/Revenue Officer 492 4149 4360 4583 4816 5062 5320
Library Services Manager 555 5680 5970 6275 6595 6931 7284
Mgr Trans Svcs/City Traffic Engineer 565 5971 6275 6596 6932 7285 7657
Personnel Analyst I 453 3415 3590 3773 3965 4167 4380
Personnel Analyst II 483 3967 4169 4382 4605 4840 5087
Personnel Services Manager 535 5141 5403 5679 5969 6273 6593
Planning Manager 559 5795 6090 6401 6728 7071 7431
Purchasing Officer 521 4794 5039 5296 5566 5850 6148
Recreation Superintendent 517 4700 4939 5191 5456 5734 6027
Risk Managler 545 5404 5680 5969 6274 6594 6930
Senior Asst. to the City Manager 532 5065 5323 5595 5880 6180 6495
Senior Econ Development Proj Mgr 543 5350 5623 5910 6212 6528 6861
Senior Personnel Analyst 515 4653 4890 5140 5402 5677 5967
Street Maint. Division Manager 555 5680 5970 6275 6595 6931 7284
Water Manager 565 5971 6275 6596 6932 7285 7657
21