RES-8362 MOU Executive Management effective 6-26-1994 to 6-24-1995Lr7ce!fZ~1 ~ l!iLli'). "-~ 37 g'otfCJ
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f;{Cf EXECUTIVE
MANAGEMENT AND
STAFF
MANAGEMENT AND LABOR CONFIDENTIAL RESOLUTION
NO. 8362 June
26, 1994 through
June
24,1995
TOP MANAGEMENT RESOLUTION NO. 83i2 ~
TABLE OF CONTENTS
Section # Title Paae#
1-7 Compensation Plan
1-3 8-9
Probation & Promotion 3 10-11 Demotion & Reassignment
of Compensation Ranges 4
12 Department Heads 4
14 Overtime Pay
5 15 Holidays
5 16 Vacations 6 17 Part-Time
Employees and Temporary Workers
8 Eligibility for Fringe Benefits
18 Leaves of Absence 8
A Without Pay Leaves
8 B-C Industrial
Leave 9 D Jury Duty
10 E Personal Necessity
Leave 10 F Family
Leave 10 G Military
Leave 10 H Sick
Leave 11-13 I Bereavement Leave 13
J Family Care and Medical
Leave 13 19 Travel Expense
Allowed 14 20
Other Fringe Benefits 15 A Retirement
15 B Money
Purchase Retirement Plan 15
C Medicare 15 D
Life Insurance 15 E Disability Insurance
15 F Medical Maintenance
Examination Program 15
G Educational Reimbursement 16
H Uniforms 17 21
Health Insurance 17 22
RESOLUTION NO. 8362
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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. 7878 AND AMENDMENTS
THERETO; AND, FURTHER, AMENDING Exhibit "A" AND "B" OF
RESOLUTION NO. 7878 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 June 26, 1994 through June 24, 1995.
NOW, THEREFORE, BE IT RESOLVED that the wages, hours and conditions of
employment for the period of June 26, 1994 through June 24, 1995 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.
ECTION 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.
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.
1
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 occur1n
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.
D. Additional Compensation of Department Heads and Employees Appointed by the
City Manager. The salaries of municipal department heads and those staff persons appointed
directly by the City Manager are established as standard salaries. However, there is hereby
created the Executive Salary Adjustment Fund from which additional compensation may be
paid from time to time by the Finance Director, upon written authorization of the City Manager,
to those executives who have displayed extraordinary and superior ability in the management
of their operations, or who have performed duties above and beyond those normally expected
of a person of similar experience, responsibility, training, and ability holding comparable
positions in other organizations. Nothing contained herein shall be construed to authorize an
increase in salary as payment for past services rendered.
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
3
or higher than Step "A", he may be placed in the step in that approprjate salary range as l/IIill
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:
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.
4
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 four hours of administrative leave for each month of continuous service; (
2)administrative leave shall be charged at the rate of eight 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 over1/2 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 used in the calendar
year in which it is accrued; (5) administrative leave not used 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
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 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, 2-112 floating holidays beginning October 1, of each year. Employees hired after October
1 of each year shall receive a prorated portion of the 2-1/2 floating
holidays. These floating holidays shall be taken as time off from work no later than September 30, of
the following year. Said employees then earn 2-1/2 floating holidays effective each October 1,
during the course of this Resolution which shall be taken as time off from work during the
fiscal 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 and
are to be taken in either eight or four hour increments. (For employees who accrue
less than eight hours, the floating holidays must be used on a single day). The
floating holidays are not accumulated and shall be forfeited should they not be taken during
the fiscal 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 the term of this Resolution,
for those employees participating in the temporary furlough program, when any of the above holidays falls on
a
day before Christmas, employees will be credited with eight 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 and no 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,
for the term of this Resolution, employees participating in the temporary furlough program
who work a 36 hour work week and who have one year's continuous service shall thereafter
accrue paid vacation 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:Years
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Vacation
Hours Per
Year 144
149
154
159
164
170
172
176
180
184
188
192
196
200
204
Years
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Vacation
Hours Per
Year 208
212
216
220
224
228
232
236
240
244
248
252
256
260
264
2)
For employees described herein in Exhibit "B", the following schedule shall apply after
one year's continuous service:6
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
department head. VVhere 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. Effective August 7,1994, vacation accumulation in excess of the allowable limit shall be
placed in a separate accrual bank. Employees will have a three year period ending June 30,
1997, to use or convert the accumulated hours in accordance with 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, medical insurance 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
resolution of the City unless
otherwise provided by Federal law.ECTION 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,
Subject to and consistent with the conditions of the group l1ealth, 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 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.
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 notifications and approval of the City Manager 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 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 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 3) 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. Jury Duty and Services as Witness for City. 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 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.
10
F. Family Leave. Employees may take up to 30 calendar days per year unpaid family
leave for the adoption or birth of children to them and their spouse.
G. Military Leave of Absence. If an employee is required to take military training two
weeks or more each year, he shall be entitled to military leave of absence under the provisions
of State law, found in applicable sections of the Military and Veterans' Code.
H. 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, for the term of this Resolution,
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 (3) days (24
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
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
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 (24 hours) of sick leave during
the current calendar year period shall be eligible to cash out, or credit to their
accumulated vacation, two days (16 hours) of their accumulated sick leave.
Two days (16 hours) will be deducted from their new accumulated sick leave
bank. The employee must file a sick leave payout designation form by
December 1 of each calendar year, in order to receive the two days (16 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:
12
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
500Atof their current payrate. 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, (100 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.I. 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,
substitute parent, 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 year. Bereavement leave shall not be deducted from
the employee's accumulated sick leave. An employee on bereavement leave shall
inform 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.J. 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
An employee's request for leave is subject to review and final approval of the personne1
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 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 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
CL.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
1) A flat rate of $.25 per mile shall be approved for use of-personal carswhen.
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% percent of the employees' bi-weekly base salary as shown in
Exhibits "A"and Exhibit "B". Except that, for employees participation 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 City shall pay for the employee's portion of thecontribution (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 sum up to $17.00 per month per employee towards a $50,000 life
insurance benefit.2) For employees described herein in Exhibit "B" the City shall contribute $
10.02 per month per employee towards a $23,000 life insurance benefit. Any amount
in excess of the amounts above in (1) and (2) shall be borne by
the employee.E. Disability Insurance. The City shall provide a long term disability plan with
a maximum long term disability benefit of $
5,000.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
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
Effective September 22, 1991, 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 ahealth/fitness
club;3. Purchase of homehealth/fitness exercise
equipment;5. Participation in a weight loss/stopsmokinglwellness/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 five $1500.00
in anyone fiscal year and he must still be employed by the City when the course is
completed.Effective September 22, 1991, the City agrees to modify this section to
allow reimbursement to employees of up to $500 of the $1500 allotted per fiscal year for
activities which aid in their professionald.evelopment. 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
Participation and/or purchase and 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 staffs
knowledge.
H. Uniforms. The City of Orange shall purchase uniforms for all regular uniformed
members of the Police Department and the Fire Department.
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 PERS, and 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:Particioatinc
Emolovee Classifications
City Manager
Monthlv Contribution
1004.
00 GrouoA Assistant
City Manager
Chief Clerk
City Attorney Community
Development Director Community
Services Director
Finance Director
Fire Chief
Fiscal Agent-
Treasurer 904.
00 904.
00 904.
00 904.
00 904.
00 904.
00 904.
00
PersonneVLabor Relations Director
Police Chief
Public Works Director
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 Fire Chief
Assistant to City Manager
Assistant Water Manager
Block Grant/Rehabilitation Manager
Chief Building Official
City Engineer
Community Development Services Manager
Community Services Manager
Deputy City Clerk
Economic Development Operations Manager
Executive Secretary
Fiscal Agent
Library Manager
Park Maintenance Manager
Personnel Analyst
Personnel Assistant
Purchasing Officer
Records Manager
Recreation Manager
Redevelopment Project Manager
Revenue Manager
Risk Manager
Secretary to the City Attorney
Senior Assistant to the City Manager
Senior Library Manager
Senior Personnel Analyst
Street Division Manager
Traffic Engineer
Water Manager
904.00
904.00
904.00
529.00
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
704.00
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
529.00
529.00
529.00
704.00
704.00
704.00
The City's payment towards the Flexible Benefits Plan is exclusive of the $16 payment in
Section 21.A.
18
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 June 26, 1994 and shall continue in full force and effect until June 24, 1995
unless otherwise amended.
ADOPTED this 1 ?th day of .luly 199....L...
City Cle of th itr-of
Orange GENE
BEYER Mayor of the City of
Orange By: ~ ~_Cl~
C.Mayor Pro
Tern
ATTEST:I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 12th day
of July , 19 ~ by the following
vote:AYES: COUNCIL MEMBERS:SPURGEON, BARRERA, COONTZ,
MURPHY NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:MAYOR
BEYER ~ ~A.J
W"'~city Clerk ~ ~
Orange
EXHIBIT"A"
EXECUTIVE STAFF
EFFECTIVE JUNE 26, 1994
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Assistant City Manager 596 6969 7325 7697 8091 8504 8937
Chief Clerk. 490 4108 4317 4537 4769 5012 5267
City Atlomey 596 6969 7325 7697 8091 8504 8937
Community Development Director 584 6564 6899 7251 7621 8010 8418
Community Services Director 557 5737 6030 6338 6661 7000 7357
Finance Director 562 5882 6182 6498 6829 7177 7543
Fire Chief 579 6403 6729 7073 7433 7812 8211
Fiscal Agent- Treasurer* 502 4361 4583 4817 5063 5321 5592
Personnel/Labor Relations Director 546 5431 5708 5999 6305 6627 6965
Police Chief 584 6564 6899 7251 7621 8010 8418
Public Works Director 584 6564 6899 7251 7621 8010 8418
Additional compensation for elective office not included in the listed salary.
Page 1
EXHIBIT"B"
MANAGEMENT AND CONFIDENTIAL
EFFECTIVE JUNE 26, 1994
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Accounting Manager 502 4361 4583 4817 5063 5321 5592
Administrative Aide 366 2213 2326 2445 2569 2700 2838
Administrative Analyst I 426 2985 3137 3297 3466 3642 3828
Administrative Analyst II 446 3298 3466 3643 3829 4024 4230
Administrative Secretary 383 2409 2532 2661 2797 2939 3089
Assistant City Attomey I 540 5271 5540 5822 6119 6431 6759
Assistant City Attomey II 550 5541 5823 6120 6432 6760 7105
Assistant City Engineer 509 4516 4746 4988 5243 5510 5791
Assistant Finance Director 522 4818 5064 5322 5594 5879 6179
Assistant Fire Chief 565 5971 6275 6596 6932 7285 7657
Assistant to City Manager 476 3831 4026 4231 4447 4674 4912
Assistant Water Manager 512 4584 4818 5063 5322 5593 5878
Block Grant/Rehabilitation Manager 507 4471 4699 4939 5191 5455 5734
Chief Building Official 537 5193 5458 5736 6028 6336 6659
City Engineer 549 5513 5794 6090 6400 6727 7070
Community Development SVC5. Mgr. 537 5193 5458 5736 6028 6336 6659
Community Services Manager 497 4254 4470 4698 4938 5190 5455
Deputy City Clerk 452 3398 3572 3754 3945 4147 4358
Economic Dev. Operations Manager 537 5193 5458 5736 6028 6336 6659
Executive Secretary 423 2941 3091 3248 3414 3588 3771
Fiscal Agent 502 4361 4583 4817 5063 5321 5592
Library Manager 473 3774 3966 4168 4381 4604 4839
Park Maintenance Manager 497 4254 4470 4698 4938 5190 5455
Personnel Analyst 463 3590 3773 3966 4168 4380 4604
Personnel Assistant 433 3091 3249 3415 3589 3772 3964
Purchasing Officer 491 4128 4339 4560 4793 5037 5294
Records Manager 452 3398 3572 3754 3945 4147 4358
Page 2
EXHIBIT"B"
MANAGEMENT AND CONFIDENTIAL
EFFECTIVE
JUNE 26, 1994 NEW
STEP STEP STEP STEP STEP STEP CLASSIFICATION
TITLE RANGE A B C D E F Recreation
Manager 489 4087 4296 4515 4745 4987 5241 Redevelopment
Project Manager 507 4471 4699 4939 5191 5455 5734 Revenue
Manager 502 4361 4583 4817 5063 5321 5592 Risk
Manager 506 4449 4676 4914 5165 5428 5705 Secretary
to the City Attorney 393 2532 2661 2797 2940 3090 3247 Senior
Assistant to the City Manager 496 4232 4448 4675 4914 5164 5427 Senior
Library Manager 503 4383 4606 4841 5088 5348 5620 Senior
Personnel Analyst 493 4170 4382 4606 4841 5087 5347 Street
Division Manager 529 4990 5244 5512 5793 6088 6399 Traffic
Engineer 529 4990 5244 5512 5793 6088 6399 Water
Manager 529 4990 5244 5512 5793 6088 6399 Page
3