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RES-8639 Executive Management Classification, Compensation and Terms of EmploymentRESOLUTION NO, 8639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF DESIGNATED EXECUTIVE MANAGEMENT, STAFF MANAGEMENT, AND LABOR CONFIDENTIAL EMPLOYEES, AND REPEALING RESOLUTION NO, 8362 AND AMENDMENTS THERETO; AND, FURTHER, AMENDING Exhibit "A" AND "B" OF RESOLUTION NO. 8362 AS DESCRIBED HEREIN. 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, 1996 through February 28, 1998, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange authorize staff to adjust the Fiscal Year 1996/97 budget to reflect the changes approved in this resolution, and that the wages, hours and conditions of employment for the period of March 1, 1996 through February 28, 1998 be adopted and set forth as follows: SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic compensation plan for all officers, executive management, staff management, and labor confidential 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 Exhibit "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. However, for the term of this Resolution, actual salaries paid to employees represented by this Resolution will be prorated to reflect the temporary furlough program which provides for a 36 hour work week. Effective July 5, 1997 and no later than September 27, 1997, the furlough program will be eliminated and all employees shall return to a regular 40 hour work week. 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 on 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 his 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 be reemployed 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 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 approval of the Personnel Director. 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 statement recommending the approval or denial of the merit increase and supporting such recommendation with specific reasons therefor,2) The recommendation of the Department Head and the approval of the Personnel Director shall be forwarded to Finance for change of payroll status. A disapproval,together with the reasons therefor, shall be 3) Advancement through the pay range, Step "A" through Step "F", shall occur in yearly increments. B, Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency 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 of this 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 department head 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 advancements in Section 6, and such employee may be considered for readvancement under the same provisions as contained in Subsection C of Section 6. SECTION 8. PROBATION. An employee 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 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 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 Step "A" in the appropriate range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step "A", he may be placed in the step in that appropriate salary range as will grant him an increase of at least one, but not more than three salary steps. When eligibles remain in higher bands, and a department head selects an eligible in a lower band, upon request, the eligibles in higher bands will be notified of reasons for their non- selection. 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: 3 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 in a classification which is allocated 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 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 position 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 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, D. The City Manager shall be permitted to reduce the salary range of any classification but shall not be able to increase the range when any position is vacant. SECTION 12. DEPARTMENT HEADS. When the employee under consideration for advancement, reduction, demotion, or reassignment is a department head, the City Manager shall initiate all actions. SECTION 13, The compensation and terms of employment of the City Manager shall be established by the City Council, by separate document. SECTION 14. OVERTIME PAY. No overtime compensation shall be provided for employees covered by this Resolution, except as provided: (1) regular full-time employees shall 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; 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. SECTION 15, HOLIDAYS, For all employees as described herein, as well as the City Manager, the holiday procedure shall be as follows: A. The following shall be paid as nine hour holidays, except #10 below: 1) January 1 2) The third Monday in February 3) Last Monday in May 4) July 4 5) First Monday in September 6) November 11 7) Thanksgiving Day 9) Day after Thanksgiving 10) One-half day before Christmas if December 24 Falls on a Monday through Thursday 11) Christmas Day B. Floating Holiday. 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. These floating holiday hours shall be taken as time off from work no later than December 31 of the following year. Said employees then earn 22.5 floating holidays 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 in which the floating holidays are earned. The floating holidays shall be taken at the convenience of the city with the approval of the City Manager or the department head. The floating 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 holidays shall receive cash reimbursement for said holidays.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 the temporary furlough program, when any of the above holidays falls on a Friday or Saturday, except 1/2 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 entitled to holiday pay.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 charge shall be made against the employee's accumulated vacation. SECTION 16. VACATIONS. A. All full time regular employees described herein, who shall have one year continuous service shall thereafter accrue paid vacation in accordance with the following schedules, However, employees participating in the temporary furlough program who work a 36 hour work week and who have one year's continuous service, paid vacation shall accrue in accordance with the following: 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: After Year(s) Vacation Hours After Year(s) Vacation Hours of Service Per Year of Service Per Year 1 144 16 208 2 149 17 212 3 154 18 216 4 159 19 220 5 164 20 224 6 170 21 228 7 172 22 232 8 176 23 236 9 180 24 240 10 184 25 244 11 188 26 248 12 192 27 252 13 196 28 256 14 200 29 260 15 204 30 264 2) For employees described herein in Exhibit "B", the following schedule shall apply after one year's continuous service: After Year(s) Vacation Hours After Year(s) Vacation Hours of service Per Year of service Per Year 1 104 16 188 2 114 17 192 3 124 18 196 4 134 19 200 5 144 20 204 6 148 21 208 7 152 22 212 8 156 23 216 9 160 24 220 10 164 25 224 11 168 26 228 12 172 27 232 13 176 28 236 14 180 29 240 15 184 30 244 B. Vacation shall be taken at the convenience of the City with the approval of the 6 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 City Manager. 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. Vacation accumulation in excess of the allowable limit shall be placed in a separate accrual bank. Employees will have until June 30, 1997, to use or convert the accumulated hours in accordance with the guidelines of this Resolution. Any accumulated balances remaining in this separate accrual bank after June 30, 1997 shall be forfeited. D. An employee 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 only convert once in a calendar year. E, Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their unused 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 less 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 C. Temporary workers 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 provided by Federal law. 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 make written application to the Department Head for leave without pay. 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 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 otherwise provided below, During such leave in excess of five working days, no seniority shall be accumulated. Such leave shall be granted on the same basis for pregnancy, child- birth and other medically related conditions, except that such an employee shall retain her seniority rights.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 a 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 exceeding an additional six months. 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 terminated 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.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. B. Industrial Leave for Safetv Emplovees. For the classifications of Police Chief and Fire Chief, industrial leave shall be granted in accordance with Labor Code Section 4850 as it now exists or hereinafter may be amended, C. Industrial Leave for Non-Safetv 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 Worker's 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) 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 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 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 Worker's 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) Employee is able to return to work to 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. D. Jurv Dutv and Services as Witness for Citv. When required to serve on a jury, all employees shall have time off for a period of actual service required on the 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, 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, E. Personal Necessitv Leave. Employees may be allowed up to three working days per month without pay for personal business with approval of the department head and the Personnel Director, 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. Militarv Leave of Absence. If an employee is required to take military training two weeks or more each year, he shall be entitled to military leave of absence under the provisions of State law, found in applicable sections of the Military and Veterans' Code. G. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following: 1) For employees working a regular 40 hour week, eight hours of sick leave will accrue for each month of continuous service. However, employees participating in the temporary furlough program and working a 36 hour work 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 hour for each 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/or c) Family Illness Leave, An employee is allowed up to three days (27 hours) of family leave per calendar year for family illness which shall be charged against the employee's accumulated sick leave. 10 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 injury 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, 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, but shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of accrued sick leave, and 50% of all accrued sick leave thereafter.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; however, any hours accumulated in excess of 352 hours shall not be eligible for any of the following payout programs:1) Employees with accumulated sick leave balances of less than 352 hours, combining both sick leave accounts in the calculation to determine eligibility, shall fall under the following payout provisions:Employees who use less than three days (27 hours) of sick leave during the current calendar year period shall be eligible to cash out, or credit to their accumulated vacation, two days (18 hours) of their accumulated sick leave.Two days (18 hours) will be deducted from their new accumulated sick bank, The employee must file a sick leave payout designation form by Decem ber 1 of each calendar year, in order to receive the two days (18 hours) in either cash or vacation accumulation beginning January 1, 1993 and each subsequent January. Any sick leave converted to vacation shall be subject to the provisions described in Section 16. Vacations. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account. However, for the term of this Resolution, payout of accumulated sick leave shall be limited to conversion of sick leave time to accumulated vacation. 2) Employees with accumulated sick leave balances of 352 hours or more, combining both sick leave accounts in the calculation to determine eligibility, shall fall under the following payout provisions: A full-time employee may convert unused sick leave from the calendar year (maximum 96 hours) to cash or accumulated vacation at a rate of 50% of their current pay rate. For example, an employee who uses no sick leave during the calendar year may forfeit that 96 hours of accumulated sick leave in exchange for 48 hours of payor accumulated vacation. The employee must file a sick leave payout designation form by December 1 of each calendar year in order to receive the remaining unused sick leave in either cash or vacation accumulation beginning January 1, 1993 and each subsequent January. Any sick leave converted to vacation shall be subject to the provisions described in Section 16, Vacations. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account.However, for the term of this Resolution, payout of accumulated sick leave shall be limited to conversion of sick leave time to accumulated vacation,3) 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 up to 152 hours,4) 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, grandparent, grandchild,substitute parent, aunt, uncle, parent-in-law, 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 shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave his immediate supervisor of the facts 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 leave with pay for the period of absence. I. Familv Care and Medical Leave IFCML), 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. 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 leave for 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 submitted to the City Manager via the Finance Director. Such use, where mileage is reimbursed, will be reimbursed at the rate 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 Manager when use of commercial transportation is not available or practical, If an employee prefers to use his personal car, he may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation.1) A flat rate of $.30 per mile 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 at actual cost.SECTION 20. OTHER FRINGE BENEFITS.A Retirement. The City agrees to pay 100% of the employees total contribution to the Public Employees Retirement System including the Survivors Benefit.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 3% of the employees' bi-weekly base salary as shown in Exhibits "A" and Exhibit "B". Except that, for employees participating in the temporary furlough program, base salary shall be prorated salary actually received based upon a 36 hour work week, In lieu of this City provided benefit, the employee may elect to have added to his base salary an additional 3% percent. This election can be made only upon initial employment and is irrevocable.C. Medicare. The Cityshall pay for the employee's portion of the contribution (1.45%) for Medicare coverage for D. Life Insurance. 1) For employees described herein in Exhibit "A" the City shall contribute towards a $50,000 life insurance benefit. 2) For employees described herein in Exhibit "B" the City shall contribute towards a $23,000 life insurance benefit. E. Disability Insurance. The City shall provide a long term disability plan with a maximum long term disability benefit of $5,000 per month, F. Medical Maintenance Examination Program. 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 a physician at Convenient Medical Care. Employees in Exhibits "A" and "B" will be reimbursed the following amounts: Executive Management: Staff Management and Confidential: 495.00 395,00 The City will allow employees to be reimbursed for personal expenses up to the maximum amounts stated above for the following health-related activities:1. Annual physical examination;2. Membership in a health/fitness club;3. Purchase of home health/fitness exercise equipment;4. Participation in a weight loss/stop smoking/wellness/fitness programs,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 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. Reimbursement will be based upon the final grade received according to the following schedule: Grade A B C D or F Reimbursement 100% 75% 50% 0- Educational reimbursement payments to an employee shall not exceed $1500.00 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 $1500 allotted per fiscal year for activities which aid in their professional development. Reimbursable activities include the following: 1, Attendance at job-related professional conferences and seminars;2. 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 contribute to their improved effectiveness.Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials which enhance the staff' s knowledge.H. Uniforms. The City of Orange shall purchase uniforms for all regular uniformed members of the Police Department and the Fire Department.I. Assignment Pay. Effective July 7, 1996, the Administrative Secretary assigned the responsibility of maintain the city-wide telephone system may receive a $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 addition a $ 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 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:Participatina Emplovee Classifications City Manager Monthlv Contribution 1004,00 Group A Chief Clerk City Attorney Community Development Director Community Services/ Library Director Economic Development Director Finance Director Fire Chief Fiscal Agent-Treasurer Personnel/ Labor Relations Director Police Chief Public Works Director/City Engineer 904. 00 904. 00 904. 00 904. 00 904. 00 904. 00 904. 00 904. 00 904, 00 904, 00 904. 00 Group B Accounting Manager Administrative Aide Administrative Analyst I Administrative Analyst II Administrative Secretary Assistant City Attorney I Assistant City Attorney II Assistant City Engineer Assistant Finance Director Assistant to City Manager Assistant Water Manager Block GranURehabilitation Manager Building Maintenance and Services Superintendent Chief Building Official Community Development Services Manager Community Services Manager Deputy City Clerk Development Specialist Executive Secretary Equipment Maintenance Superintendent Investment Officer Library Services Manager Field Maintenance Superintendent 529. 00 529, 00 529. 00 529. 00 529. 00 529. 00 529. 00 529. 00 529. 00 529. 00 529. 00 529, 00 704. 00*529. 00 529, 00 529. 00 529, 00 529. 00 529. 00 529. 00 529. 00 529. 00 Personnel Analyst Personnel Assistant Personnel Services Manager Purchasing Officer Records Manager Recreation Superintendent Redevelopment Project Manager Risk Manager Secretary to the City Attorney Senior Assistant to the City Manager Senior Personnel Analyst Street Division Manager Traffic Engineer Water Manager 529.00 529.00 529.00 529.00 529.00 529.00 529.00 529.00 529.00 529.00 529.00 704.00* 529.00 704.00* Effective June 22, 1997, this contribution in flexible benefits will be reduced to $529.00 per month The City's payment towards the Flexible Benefits Plan is exclusive of the $16 payment in Section 21.A. 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, 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 pursuant to their rules and regulations. SECTION 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. EFFECTIVE DATES. This Resolution and Attachments hereto shall be effective as of March 1, 1996 and shall continue in full force and effect until February 28. 1998 unless otherwise amended. SECTION 24. BILINGUAL ASSIGNMENT. Employees covered by this Resolution may be assigned by the Department Head, with approval of the Personnel Director, to a bilingual assignment. Such employees on Bilingual Assignment shall receive an additional $140.00 per 18 month, per employee, in addition to their regular monthly salary for the duration of the assignment. ADOPTED this 25th day of June 1996 . tf or of the City of Orange C/ City Clerk of the C' of Orange 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 25th day of June , 19~ by the following vote: AYES: COUNCIL MEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Clerk of the ity of Orange 19 EXHIBIT "A" TOP MANAGEMENT - EXECUTIVE STAFF MONTHLY SALARY RANGES EFFECTIVE JULY 7.1996 NEW STEP STEP STEP STEP STEP STEP CLASSIFICATION TITLE RANGE A B C D E F Chief Clerll. 506 4449 4676 4914 5165 5428 5705 City Attomey 618 7777 8175 8590 9029 9490 9973 Community Development Director 588 6696 7039 7396 7774 8171 8587 Community Services Director 566 6696 7039 7396 7774 8171 8587 Economic Development Director 583 6532 6865 7215 7583 7970 8376 Finance Director 583 6532 6665 7215 7583 7970 8376 Fire Chief 592 6831 7181 7545 7931 8338 8760 PersonnellLabor Relations Director 570 6122 6434 6762 7107 7469 7850 Police Chief 600 7109 7473 7853 8254 6675 9117 Public WorXs Director/City Engineer 608 7399 7777 8172 8590 9028 9488 Additional compensation for elective office not included in the listed salary.EXHIBIT" B"TOP MANAGEMENT - MANAGEMENT & CONFIDENTIAL MONTHLY SALARY RANGES EFFECTIVE JULY 7.1996 NEW STEP STEP STEP STEP STEP STEP CLASSIFICATION TITLE RANGE A B C D E F Accounting Manager 510 4538 4770 5013 5269 5538 5820 Administrative Aide 370 2258 2373 2494 2621 2755 2895 Administrative Analyst I 437 3153 3314 3483 3661 3848 4044 Administrative Analyst II 457 3484 3662 3849 4045 4251 4468 Administrative Secretary 400 2622 2756 2896 3044 3199 3382 Assistant City Attorney I 560 5824 6121 6433 6761 7106 7468 Assistant City Attorney II 570 6122 6434 6762 7107 7469 7850 Assistant City Engineer 535 5141 5403 5679 5969 6273 6593 Assistant Finance Director 530 5015 5270 5539 5822 6118 6431 Assistant to City Manager 480 3908 4107 4317 4537 4768 5011 Assistant Water Manager 525 4891 5140 5403 5678 5968 6272 Block Grant/ Rehabilitation Manager 511 4561 4794 5038 5295 5565 5849 Bldg. Main!. & Servo Superintendent501 4339 4561 4793 5038 5295 5565 Chief Building Official 541 5297 5566 5851 6150 6464 6793 Community Development SVC5. Mgr. 541 5297 5568 5851 6150 6464 6793 Community Services Manager 530 5015 5270 5539 5822 6118 6431 Deputy City Clerll 460 3537 3717 3907 4106 4315 4535 Executive Secretary 433 3091 3249 3415 3589 3772 3964 Equipment Main!. Superintendent 5014339 4561 4793 5038 5295 5565 Field Maint. Superintendent 501 4339 4561 4793 5038 5295 5565 Page 1 EFFECTIVE JULY 7.1996 NEW STEP STEP STEP STEP STEP STEP CLASSIFICATION TITLE RANGE A B C D E F Investment Officer 480 3908 4107 4317 4537 4768 5011 Library Services Manager 515 4653 4890 5140 5402 5677 5967 Personnel Analyst 467 3662 3849 4046 4252 4469 4697 Personnel Assistant 437 3153 3314 3483 3661 3848 4044 ersonnel Services Manager 517 4700 4939 5191 5456 5734 6027 urchasing Officer 495 4211 4426 4652 4889 5138 5400 ecords Manager 460 3537 3717 3907 4106 4315 4535 Recreation Superintendent 501 4339 4561 4793 5038 5295 5565 Redevelopment Project Manager 511 4561 4794 5038 5295 5565 5849 Risk Manager 527 4940 5192 5457 5735 6028 6335 Secretary to the City Attorney 403 2662 2797 2940 3090 3248 3413 Senior Asst. to the City Manager 515 4653 4890 5140 5402 5677 5967 Senior Personnel Analyst 497 4254 4470 4698 4938 5190 5455 Street Division Manager 533 5090 5350 5623 5909 6211 6527 Traffic Engineer 541 5297 5568 5851 6150 6464 6793 Water Manager 541 5297 5566 5851 6150 6464 6793 Page 2