RES-8361 Relating to Terms of Employment for Miscellaneous EmployeesRESOLUTION NO. 8361
A RESOLUTION OF THE COUNCIL OF THE CITY OF ORANGE
RELATING TO THE CLASSIFICATION, COMPENSATION, AND
TERMS OF EMPLOYMENT FOR MISCELLANEOUS EMPLOYEES
OF THE CITY OF ORANGE AND REPEALING RESOLUTION NO.
7853 AND AMENDMENTS THERETO, FOR SAID EMPLOYEES.
WHEREAS, the City Council of the City of Orange wishes to set forth the wages, hours
and conditions of employment for June 26, 1994 through June 24, 1995 for the employees
described herein,
NOW, THEREFORE, be it resolved that wages, hours and conditions of employment be
adopted as follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic
compensation plan for all employees of the City of Orange who are now employed in any of
the designated classifications listed in this resolution and its attachments. Whenever the
masculine gender is used in this Resolution, it shall be understood to include the feminine
gender.
SECTION 2. SALARY AND WAGE SCHEDULES. Salaries effective June 26, 1994 for
employees covered by this Resolution are listed in Appendix A.
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. For all employees
who have a regular weekly work schedule of 40 hours, the hourly rate of pay shall be the
monthly rate times 12 divided by 2080 hours.
In determining the hourly rate as herein provided, compensation shall be made to the
nearest 1/2 cent.
Part-time employees who are scheduled in the duly adopted budget 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 in Appendix A 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 "Boo, or "C", if applicable, depending upon the
employee'
SECTION 5. SERVICES. The word services, 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 of 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 reentering 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.Except that for Community Services employees service shall be consecutive
seasonal summer employment with the City in the Community
Services Department.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following
regulations shall govern salary advancements within ranges for employees in
Appendix A:A. Merit Advancement. An employee may be considered
for advancement through the range (from Step "A" to Step "C") only for continuous,
meritorious, and efficient service, and continued improvement by the employee in
the effective performance of the duties of his position. 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. Such advancement shall require
the following:1) The department head in which the employee is employed shall
file with the Personnel Director a statement recommending the grant 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 Personnel and
the Finance Director for change of payroll status. A disapproval, together
with the reasons therefor, shall be returned to the
department head.3) Advancement through the range 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 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a
salary step higher than Step "A" may be reduced by one or more steps upon the ~
recommendation of the head of the department in which he is employed with the approval of
the Personnel Director. Procedure for such reduction shall follow the same procedure as
outlined for merit advancements in Section 6, and such employee may be considered for
readvancement under the same provisions as contained in subsection (B) of Section 6.
SECTION 8. PROBATION. An employee initially appointed or promoted to a class shall
serve a Probationary period during which time he shall have an opportunity to demonstrate
suitability for the job. For employees, in this resolution, the probationary period shall be 13
pay periods. Under certain conditions, with approval of the Personnel Director, the
department head may extend the probationary period. The employee shall attain permanent
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.
SECTION 9. PROMOTION. When an employee in Exhibit A 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 a step in that appropriate salary range as will
grant him an increase of at least one, but no 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:
A. The salary rate shall be reduced by at least one step.
B. The new salary rate must be within the salary range for the classification to
which demoted.
SECTION 11. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is
employed in a classification which is reassigned to a different pay range from the previously
assigned shall be retained in the same salary step in the new range as he has previously held
in the prior range, and shall retain credit for length of service in such step toward
advancement to the next higher step; provided, however:
A. That if such retention shall result in the advancement of more than one step,
the Personnel Director may, at his discretion, at the time of reassignment, place the
employee in a step which will result in an increase of only one step.
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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, thlt
employee shall continue to be paid at the existing rate of pay until such time as the new
classification shall be reassigned to a compensation schedule which will allow for further
salary advancement, or until such time as the employee is promoted to a position
assigned to a 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 of the employee, the employee shall be
placed on that step of the lower compensation range which is equivalent to the
employee's existing rate of pay. If there is no equivalent rate of pay, the employee shall
be placed on the next highest step. The employee shall retain credit for length of service
previously acquired in such step toward advancement to the next higher step.
SECTION 12. WORKING OUT OF CLASS. The City may work employees out of
classification for up to 20 consecutive working days without additional compensation. On the
21 st consecutive working day the employee works out of classification and for each additional
consecutive working day the employee works out of classification, he shall be paid additional
compensation at the Step A of the class to which he is assigned. To qualify for working out of
class pay, the employee must be performing all of the significant duties of the higher level
position and meet the minimum requirements of the higher level class.
In no event shall the employee be paid at a step of the class in which the employee
receives less than a 5% increase in pay.
SECTION 13. OVERTIME (COMPENSATORYTIMEl.
A. All employees covered by this Resolution shall be entitled to compensatory
time for all hours worked in excess of 40 hours within the employee's work week.
Compensatory time shall be accumulated at the rate of one hour of compensatory time
for each one hour of overtime worked. Only time actually worked shall count in the
computation of overtime, except the time off due to excused absence for holidays,
accumulated compensatory time off, vacation, and sick leave shall be counted toward
the computation of overtime. Compensatory time shall be accumulated to the nearest
1/2 hour increment. Where an employee works less than 1/2 hour per day of overtime,
the employee shall not receive compensatory time, and such time shall not count toward
the computation of overtime. In order to be entitled to compensatory time, such
compensatory time must be authorized by the department head or his authorized agent.
An employee shall not be entitled to accumulate compensatory time in excess of 80
hours during any calendar year. Any accumulated overtime time accrued in excess of 80
hours shall be automatically paid. However, during the term of this Resolution,
employees shall waive the right to convert accumulated compensatory time to cash.
B. Payment of Compensatory Time. Overtime shall be paid at the regular rate of
payor equal time off, when authorized by the department head and approved by the
Personnel Director.
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C. Payment Upon Termination. Employees shall be entitled to receive Payment
for all accumulated compensatory time upon their termination. . ~
SECTION 14. CALLBACK COMPENSATION. If regular or permanent part-
time employees are required to report back to work after completing a normal work shift and
have left the City premises and/or work location, they shall be compensated in cash or
as compensatory time off at the straight time rate for the actual hours of work with a minimum
of two hours callback compensation, regardless of whether the employee works less than
two hours. This provision shall be applicable to employees although the employees regular
work week is not completed, but shall not apply to employees who are continuing on
duty.SECTION 15.
HOLIDAYS.A. Only full-time Regular or permanent part-time employees
covered by this resolution shall receive the following paid
eight hour holidays:
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 8)
Day after Thanksgiving 9) One-half day before Christmas, if December 24 falls on
a Monday through
Thursday 10) Christmas
Day 11) Floating Holiday B. In the event any of the above holidays, except 1/2
day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual
date on which the holiday falls. When any of the above holidays fall on a Saturday, except
1/2 day before Christmas, the preceding Friday will be taken in lieu of the actual
date on
which the holiday falls.C. In order to be eligible to receive holiday pay, an
employee must have worked,or be deemed to have worked because of 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.D. Should one of the holidays listed above fall during
an employee's vacation period while an employee is lawfully absent with pay, the
employee shall receive holiday pay and no charge shall be made against the
employee's accumulated vacation.E. Notwithstanding the above, the floating holiday shall
be taken at the convenience of the City with approval of the department head
or his duly authorized agent and is to be taken in either eight or four hour increments.
For
benefit, employees will have credited one floating holiday as of July 1, 1989. This
floating holiday shall be taken as time off from work no later than June 30, 1992. Said
employees then earn one floating holiday effective each July 1, during the course of this
agreement which shall be taken as time off from work during the fiscal year in which the
floating holiday was earned. The floating holiday is not accumulative and shall be
forfeited should it not be taken during the fiscal year it was earned. For purposes of this
benefit, said employee's anniversary year runs July 1 through June 30. Employees
under this section who terminate their employment with the City prior to using the floating
holiday shall receive cash reimbursement for said holiday.
F. The Library Directory shall rearrange the work schedule for that week for the
Library staff to ensure that those employees have worked not more than the number of
hours worked by regular City employees within a period not to exceed one year following
the holiday.
SECTION 16. VACATIONS.
A. All full-time, regular employees, who shall have one year's continuous
service shall thereafter be entitled to a vacation as
follows:After Year'
s of
Service 1 thru
4 5 thru
10
11
12
13
14 15 thru
24 25 or
more Eight
Hour Vacation
Hours Per
Year
80
120
128
136
144
152
160
200 B. Vacation shall be taken at the convenience of the City with the approval of
the department head. Where possible, such vacation should be taken annually and
not accumulated from year to year. Vacation days 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 days earned in
the immediately preceding 24 month period. All vacation days in excess of the
equivalent number of days earned in the immediately preceding 24 month period not taken by
the employee shall be
forfeited.C. 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 17(A) and may so convert once
in a calendar year. However, for the term of this Resolution, this provision shall be
waived.
D. Employees who terminate their employment with the City prior to one year of
full-time employment shall not accrue any vacation benefits, either in
cash reimbursement of time off, and shall not be entitled to any compensation
upon termination prior to the completion of their first year of employment with the City
except as otherwise provided by
law.E. Employees who terminate their employment with the City after one year of
full-time employment 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 1/12 of the employee'
s annual vacation pay for each full month of service of the employee during the employee'
s anniversary year of
employment.SECTION 17. PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY
FOR
FRINGE BENEFITS.A. Definition. Permanent part-time employees shall
be those employees scheduled in the duly adopted budget to work 20 or more hours per week
on a year-round basis (52 weeks minus approved leave). Temporary part-
time employees shall be those employees scheduled in the approved budget to work less than
20 hours per week on a year-round basis (52 weeks minus approved
leave). 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
Upon Proration of Hours. Permanent part-time employees shall receive fringe benefits in proportion
to the number of hours an employee is scheduled in the budget to work to the normal 40
hour week on an annual basis. The annual schedule for all part-time employees
shall be the schedule which is included in the City's approved budget or a
schedule which is designated by Management at the commencement of the employee's
employment with the City. This formula of proration shall apply to holiday
pay, vacation, sick leave, medical insurance contribution, life
insurance contribution, and retirement contribution. Permanent, 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
and seasonal employees shall be entitled to receive no fringe benefits provided for in this
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. After all available leave (other than sick leave),
including vacation, compensatory time, and any other leave benefits have been completely
used,
suspension, may make application for leave without pay. If the department and the
Personnel Manger 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.
At the end of such leave, if the employee desires additional leave, written
application must be made to the Personnel Director stating the reasons why the
additional leave is required and why it would be in the best interest of the City to grant
such leave of absence. If, in the Personnel Director's opinion, 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 not to exceed 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.
An employee on leave of absence must give the City at least seven days' written
notice of the employee's intent to return to work.
Any employee who engages in outside employment during said leave of absence
without prior notifications 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. During leave without pay in excess of five working days, no seniority
shall be accumulated. Such leave shall be granted on the same basis for pregnancy,
childbirth and other medically related conditions, except that such employee shall retain
her seniority rights.
Subject to and consistent with the conditions of the group health, life and disability
plan, coverage may be continued during a leave provided direct payment of total
premium is made through and as prescribed by the Payroll Division of the City.
E. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated
for full-time regular employees in accordance with the
following:1) For regular full-time 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 eight hours for
each day 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 appointment during work
hours when authorized by the department head;
and/
b) Personal illness or physical incapacity resulting from cause9-
beyond the employee's control; including pregnancy, childbirth and other
medically related conditions; and/or
c) Bereavement Leave. The death or critical illness where death
appears to be imminent of a member of the employee's immediate family.
Immediate family" as used in this subsection shall include husband, wife,
parent, bother sister, child, grandchild, grandparent, mother-in-
law, father-in-law, brother-in-law, and sister-
in-law of an employee, regardless of residence. Days of absence
due to bereavement leave shall not exceed working days and shall not
be deducted from the employee's accumulated sick leave. An employee
on bereavement leave shall inform his immediate supervisor of the fact and
the reasons therefor, as soon as possible.Failure to inform his
immediate supervisor, within a reasonable period of time, may be cause for denial of sick leave
with
pay for the period of the absence.d) Notwithstanding subsection (
3) (b) above, no employee shall be eligible or entitled to sick leave with pay
for any illness or injury arising out of
and in the course of City Employment.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.In any instance involving use of a fraction
of a day's sick leave, the minimum charged to the employee's sick
leave account shall be 1/2 hour,while additional actual absence of over 1/
2 hour shall be charged to the nearest full hour. Each department
head shall be responsible for control of employee abuse of the sick
leave privilege. Employees may be required to furnish a certificate issued
by a licensed physician or other satisfactory written evidence of illness to
establish the
employee's entitlement of sick leave payment.5) Upon retiring
from city service and entering the Public Employee's 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 3 days of accrued sick leave after the first
60 days of accrued sick leave, and
50% of all accrued sick leave thereafter.6) Upon the death of
an employee while employed by the City,100% of all accrued sick leave benefits
shall be paid to the beneficiary of the deceased employee.
Payment will be made when proper authorization for payment is received
from the estate of the decedent employee.7) In determining the dollar
amount of sick leave Payoff for sick leave accrued subsequent to July 3,1977, the
rate
which the sick leave was accrued will be used. For sick leave accrued prior
to July 3, 1977, the payroll rate as of July 3, 1977will be used. When ~
employees actually use sick leave for absences in accordance with section
E(3) above, they will be paid at their then current salary rate, regardless of
whether sick leave was accrued prior to or subsequent to July 3, 1977.
8) When sick leave is used in accordance with Section E(3) above,
the City will first charge the earliest accrued sick leave, then the next
earliest, and so on (first-in,
first-out).9) Notwithstanding any other provision herein, an employee
who is initially hired after July 1, 1980 shall be allowed to accumulate
and be credited with sick leave with pay only up to a maximum of 520
hours. Sick leave hours in excess of such maximum shall
be forfeited.F. Familv Care and Medical Leave (FCML). State and Federal laws require
the city to provide family and medical care leave for eligible employees. The following
provisions set forth employees' and employer's rights and obligations with respect to such leave.
Rights and obligations which are not specifically set forth below are set forth in the city'
s Administrative Manual, Personnel Section, #2.61. Any provisions not set forth in the
Administrative Manual are set forth in the Department of Labor regulations implementing the Federal
Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair
Employment and Housing Commission implementing the California Family Rights Act (
CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article
shall mean leave pursuant to the FMLA
and CFRA.An employee's request for leave is subject to review and final approval of
the
Personnel Director.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
Family Care and Medical Leave.
3. Required Forms. Employees must fill out required forms, available in the
Personnel Department, including: Request for Family or Medical Leave; Medical
Certification; Authorization for Payroll Deductions for benefit plan coverages (if
applicable); and Fitness-for-Duty to return
from leave.SECTION 19. LIFE INSURANCE. The City shall contribute up to $5.10 cents
for single coverageand $5.46 for family coverage per month per employee toward
life
insurance coverage.SECTION 20. LONG TERM DISABILITY INSURANCE. For the term of
this agreement the City shall contribute. 9% of the employee's monthly salary toward a long
term disability plan covering employees set
forth herein.SECTION 21.
HEALTH BENEFITS.Effective March 1, 1994, the City shall contract with Public
Employees Retirement System (PERS) to make available those health insurance benefits provided
under the Public Employees Medical and Hospital 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.1) Except as provided in Section 4 (2) Flexible Benefits Plan below,
the City shall contribute toward the payment of premiums under the PERS
Health Benefits Plan on behalf of each eligible active employee, and to the extent required
by law,each eligible retiree annuitant of PERS, an equal contribution of $16.00
per month.2) Flexible Benefits Plan. Effective March 1, 1994, the City shall
establish a Section 125 Flexible Benefits Plan for active full-time eligible employees
and pay the following amounts to provide funds for optional dental plans,
vision plans, health plans,
or miscellaneous
pay:Employee
Only
Two Party
Family 169.
00 276.
00 371.00 The City's payment toward the Flexible Benefit Plan is exclusive of
the $16.00 payment in
Section 4 (1).3) Any amounts in excess of the amounts designated in Section 4 (
1) and (2)necessary to maintain benefits under any benefits plans selected
by the employee shall be borne
by the employee.4) An employee cannot be enrolled in the PERS Health Benefits
Plan if a spouse is enrolled in the same agency or enrolled in an agency
with PERS health,unless the employee (or the spouse) is enrolled without being covered
as
member. Additionally, an employee may choose to not be enrolled in the Health
Benefits Plan. If an employee chooses not to be enrolled iR 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 $121.00
toward the Flexible Benefits Plan. In the event that the employee loses eligibility
with documentation) then the employee may re-enroll in the PERS Health
Benefits Plan pursuant to their rules and
regulations.SECTION 22. RETIREMENT. Employees covered by this Resolution participate in
the Public Employees' Retirement System if eligible under PERS contract. The City shall
maintain its contribution of 7% of the employee's share to the Public Employees' Retirement System
for the term of this
Resolution.SECTION 23. GRIEVANCE
PROCEDURE.A. Definition of Grievance. A grievance shall be defined as a timely complaint
by an employee or group of employees concerning the interpretation or application
of specific provisions of this Resolution of the Rules and Regulations governing
personnel practices or working conditions of the
City.B. Business Days. Business days mean calendar days, exclusive of
Saturdays,Sundays, and legal holidays recognized by the
City.C. Time Limits for Filing Written Formal Grievances. The time limits for
filing written formal grievances shall be strictly construed, but may be extended by
mutual agreement evidenced, in writing, and signed by a duly authorized representative of
the City and the grieving party. Failure of the grieving party to comply with any of the
time limits set forth hereunder shall constitute waiver and bar further processing of
the grievance. Failure of the City to comply with the time limits set forth in this Section
shall automatically move the grievance to the next level in the Grievance
Procedure.D. Informal Process. An employee must first attempt to resolve a grievance
on an informal basis by discussion with his immediate supervisor without undue
delay.Every effort shall be made to find an acceptable solution to the grievance by
these informal means at the most immediate level of supervision. At no time may the
informal process go beyond the division head concerned. In order that this informal
procedure may be responsive, all parties involved shall expedite this process. In no case may
more than 10 business days elapse from the date of the alleged incident giving rise to
the grievance, or when the grievant knew or should have reasonably become aware of
the facts giving rise to the grievance and the filing of a written formal grievance with
the Personnel Director of the City, with a copy to the department head in which the
employee works. Should the grievant fail to file a written grievance within 10 business days
from the date of the incident giving rise to the grievance, or when grievant knew or
should have reasonably become aware of the facts giving rise to the grievance, the
grievance shall be barred and
waived.
E. Formal Process, Personnel Director, Department Head. If the grievance is.not
resolved through the informal process, a written grievance is filed within the time limits
set forth above, the grievant shall discuss the grievance with the Personnel Officer and
the department head. The Personnel Director and the department head shall render a
decision and comments, in writing, regarding the merits of the grievance and return them
to the grievant within 10 business days after receiving the grievance.
F. Formal Process, City Manager. If the grievance is not resolved in E above, or
if no answer has been received from the Personnel Director and department head within
10 business days from the presentation of the written grievance to the Personnel
Director and department head, the written grievance shall be presented to the City
Manger, or his duly authorized representative, for determination. Failure of the grievant
to take this action will constitute a waiver and bar to the grievance, and the grievance will
be considered settled on the basis of the last Management grievance response. The
City Manager, or his duly authorized representative, shall render a final decision on the
merits of the grievance and comments, in writing, and return them to the grievant within
10 business days after receiving the grievance. After this procedure is exhausted, the
grievant and the City shall have all rights and remedies to pursue said grievance under
the law. The City shall instruct its supervisors on the proper use and implementation of
this grievance procedure and every reasonable effort shall be made by employee and
the supervisor to resolve the grievance at the informal step.
SECTION 24. TRAVEL EXPENSE ALLOWANCE.
A. Automobile Allowance. Expense claims for the use of private automobiles
must be submitted to the City Manager via the Finance Director. Such use, is approved,
will be reimbursed at the rate of $.25 per mile.
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
to
the employee.C. Tourist Class Airplane Passage will be considered standard
for out-of-
town travel, where appropriate.D. Use of Personal Cars for out-of-City trips,
within the State, may be approved by the City Manager when use of commercial
transportation is not available or practical.If an employee prefers to use his personal car, he may
be reimbursed the amount of the cost of commercial transportation. A flat rate of $.25 per
mile may be approved for use of personal cars
when City cars are not available E. When Air, Rail or Public
Transportation is used, expense for local transportation, such as taxi cabs and bus
fare, will be allowed whenever such transportation is
necessary
1) Expense will be allowed for adequate lodging.. Hotel accommodations
should be appropriate to the purposE' of the trip.
2) Telephone and telegraph charges will be allowed for official calls.
3) Expenses for meals will be reimbursed at actual cost.
SECTION 25. EFFECTIVE DATE. This resolution and the attachments thereto shall
become effective on June 26, 1994.
Adopted this l2thday of July, 199...i..
ATTEST:
GENE BEYER
Mayor of the City of Orange
BY:~~~
M yor Pro
a#/~~City Clerk f the it~ 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 12.!:.l1day of
July 1994
by
the following vote:AYES:
COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY NOES:
COUNCIL MEMBERS: NONE ABSENT:
COUNCIL MEMBERS: MAYOR BEYER r~
GP~/R~City
Clerk h ~f Orange 14
APPENDIX "A"
MISCELLANEOUS EMPLOYEES
EFFECTIVE
JUNE 26, 1994 NEW
STEP STEP STEP STEP CLASSIFICATION
TITLE RANGE A B C D ADMINISTRATIVE
INTERN 283 8.44 COMMUNITY
SERVICES LEADER I 211 5.90 COMMUNITY
SERVICES LEADER II 231 6.51 COMMUNITY
SERVICES LEADER III 251 7.19 COMMUNITY
SERVICES LEADER IV 269 7.87 ENGINEERING
INTERN 310 9.66 10.15 10.67 LAW
INTERN 310 9.66 LIBRARY
PROCTOR 246 7.02 PARK
MAINTENANCE HELPER 234 6.61 6.95 7.30 PARKING
CONTROL AIDE 7.00 7.50 8.00 8.50 POLICE
ACADEMY TRAINEE 375 2315 POLICE
CADET I 203 5.67 POLICE
CADET II 238 6.74 POLICE
RESERVE 405 15.51 POOL
MANAGER 279 8.27 POOL
MANAGER ASSISTANT 259 7.49 SCHOOL
CROSSING GUARD 252 7.23 SCHOOL
CROSSING GUARD SUPERVISOR 293 8.87 STUDENT
INTERN 206 5.75 6.04 6.35 SWIM
ATTENDENT 211 5.90 SWIM
INSTRUCTOR I LIFEGUARD 239 6.78 Page
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