RES-8280 Amending Resolution No. 7614 Professional, Technical and Clerical UnitRESOLUTION NO. 8280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
AMENDING RESOLUTION NO. 7614 OF THE PROFESSIONAL,
TECHNICAL, AND CLERICAL UNIT TO EXTEND THE EFFECTIVE DATE
OF THE AGREEMENT THROUGH JUNE 25, 1994 AND INCORPORATE
THE ATTACHED ADDENDUM TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE
PROFESSIONAL, TECHNICAL, AND CLERICAL UNIT EFFECTIVE
OCTOBER 1, 1993 THROUGH JUNE 25, 1994.
WHEREAS, the City of Orange, herein referred to as "CITY", and the Professional,
Technical, and Clerical unit, represented by Orange County Employees Association, have
met and conferred in accordance with requirements of the Meyers-Milias-Brown
Act; and WHEREAS, CITY and the Professional, Technical, and Clerical unit,
have reached agreement on changes in wages, hours and working conditions associated
with the extension of the current contract and furlough program as outlined in
the attached addendum to the memorandum of understanding effective October 1, 1993
through June
25, 1994.NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Orange that the attached addendum to the Memorandum of Understanding,
Resolutions No.7614, is approved and incorporated by reference as Exhibit "A" as though fully
set
forth herein.ADOPTED this 14th day of
December.1993.
Br
M a or of the City
of Orangepro '
te"""Attest:A'd;"-~
Q ~~~~City Clerk the GftyQf:'{
Jrange 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 14th day
of December, 1993 by the following
vote: -
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:sPURGEON, BARRERA, MAYOR BEYER, COO"l"Z, MURPHY
COUNCIL MEMBERS:NONE
COUNCIL MEMBERS:NONE
COUNCIL MEMBERS:NONE
11--
EXHIBIT "A"
ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE PROFESSIONAL, TECHNICAL. AND CLERICAL UNIT
EFFECTIVE OCTOBER 1, 1993 THROUGH JUNE 25, 1994.
ARTICLE III
SALARIES
SECTION 2. add The salary and wage schedules listed in Exhibit" A" of
Resolution No. 7614 constitute the basic monthly compensation plan based on a forty
40) hour work week. For the remaining term of this agreement, employees
represented by this MOU shall received a prorated portion of the basic monthly
compensation plan based upon hours actually worked in a work week. Continue salary
schedule in effect on December 27, 1992 for the life of Agreement.
Article VIII
WORK WEEK
SECTION 1. reolace with: The regular work week for all employees covered by
this agreement shall be forty (40) hours per week. For the remainder of this
agreement, the regular work week for all budgeted full-time employees covered by
this Agreement and participating in the temporary furlough program shall be thirty-
six (36)hours
per week.
Article IX OVERTIME CALL
BACK COMPENSATION SECTION 1. OVERTIME (COMPENSATORY TIMEl.
reolace with:A. All employee covered by this Memorandum having an average work
week of thirty-six (36) hours or forty (40) hours, shall be entitled to compensatory
time for all hours worked in excess of forty (40) hours within the employee'
s work week.Compensatory time shall be accumulated at the rate of one (1)
hour of compensatory time for each one (1) hour
of overtime worked.Fire dispatch employees can accrue compensatory time in lieu
of overtime. When compensatory time is taken, the employee filling the vacated position
must
be paid overtime.
Reso. No.
8280
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.
Except that, for employees participating in the temporary program, only time
actually worked shall count in the computation of overtime, except the time off
due to excused absence for holidays falling on Monday through Thursday in any
work week, accumulated compensatory time off, vacation, and sick leave shall
be counted toward the computation of overtime. Compensatory time shall be
accumulated to the nearest one-half (1/2) hour increment. Where an
employee works less than one-half (1/2) hour per day of overtime, the employee
shall not receive 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 eighty (80) hours during any calendar
year. Any accumulated compensatory time accrued in excess of said eighty (80)
hours shall be automatically paid. Except that, for the remaining term of this
agreement, for employees participating in the temporary furlough program,
any accumulated compensatory time accrued in excess of said eighty (80) hours must be
taken as time off within one month of date the employee exceeds the eighty (
80) hour limit or the excess hours shall be forfeited. Furthermore, during
the remaining term of this agreement, employees shall waive the right to
convert accumulated compensatory
to cash.SECTION 2. CALLBACK COMPENSATION
reolace with:If employees having completed a normal work week of forty (40) hours
or those employees participating in the furlough program having completed a
work week of thirty-six (36) hours 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 actual hours of work with a minimum of three (3)
hours call back compensation, regardless of whether the employee works less
than three (3)hours. This provision shall be applicable to employees
although the employees'work week is not completed, but shall not apply to
employees who are
continuing on
duty.
Article X
HOLIDAYS B. Floating Holiday. replace with: Effective each July 1, employees will
have credited one 1) eight (8) hour floating holiday 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 shall be taken at
the convenience of Exhibit "An Page 2
Reso. No. 8280
n--
the City with approval of the department head or his duly authorized agent. The
floating holiday is not accumulated and shall be forfeited should it not be taken
during the fiscal year it was earned. Employees under this section who terminate
their employment with the City prior to using the floating holiday shall receive
cash reimbursement for said holiday.
C.
add..Except that, for the remaining term of this agreement, for those
employees participating in the temporary furlough program, when any of the
above holidays falls on a Friday or Saturday, except one-half (112) day
before Christmas, employees will be credited with eight (8) 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.Article
XI
VACATION SECTION 1. reolace with: All full-time, regular employees who work
an average of forty (40) hour work week and who have one (1) year's
continuous service shall thereafter be entitled to a vacation as follows, except that,
for the remaining term of this agreement, employees participating in
the temporary furlough program who work a thirty-six (36) hour work week and
who have one 1) year's continuous service shall thereafter be entitled to a
vacation as follows:no change
in
accrual
schedule).C. add.. For the remaining term of this agreement, this
provision
shall be
waived.Article XII
LEAVES OF ABSENCE B. Industrial Leave 1
fa) reolace with:a) An employee granted industrial leave shall continue
to be compensated at his regular rate of pay during the first thirty (30) calendar
days of his injury. Except that, for employees participating in
the temporary furlough program, employees shall continue to be compensated at his
rate of pay based on a thirty-six (36) hour work week during
the first thirty (30)calendar days of his injury. Following this period,
the employee still on approved industrial leave shall be compensated at
eighty percent (80%) of his regular rate of pay up to a maximum of 335 calendar
days in lieu of temporary disability payments. Except that,
for employees participating in the temporary furlough program, employees
still on approved industrial leave shall be compensated at eighty percent (80%) of
his rate of pay based on a thirty-six (36) hour work week up
to a maximum of 335 calendar days in
lieu of temporary disability payments.Exhibit" A"
Page
3
F. Sick Leave. reolace 1) with:
1) For employees working a regular (40) hour week, eight (8) hours of
sick leave will accrue for each month of continuous service. For the
remaining term of this agreement, for employees participating in the
temporary furlough program and working a thirty-six (36) hour work
week,eight (8) hours of sick leave will accrue for each month of
continuous
service.Article
XIII
INSURANCE SECTION 3. PART-TIME AND TEMPORARY EMPLOYEE
ELIGIBILITY FOR FRINGE BENEFITS 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 scheduled in the budget to work
to the normal forty (40) hour work week on an annual basis. For the remaining
term of this Agreement, for full-time employees participating
in the temporary furlough program, the normal work week shall be defined as a
thirty-six (36) hour work week. (Continuing language in Article XIII
INSURANCE SECTION
3 B. remains the same).SECTION 4. HEALTH INSURANCE Replace
current language with the following:A. Effective January 1, 1994,
contributions towards health insurance for full time
employees shall be as
follows:1)
Self-Funded
Medical Plans
OPTION
I Employee
Only Two
Party Family
304.92
540.00
682.08
OPTION
II Employee
Only Two
Party Family
304.92
540.00
682.08
OPTION
III Employee
Only Two
Party Family
263.04 540.00 682.08 Exhibit "
A"
Page
2) CIGNA
Employee Only
Two Party
Family
176.42
294.72
387.62
3) PacifiCare
Employee Only
Two Party
Family
149.38
252.14
361.82
Any contribution necessary to maintain benefits under any health
insurance plans provided employees by the City in excess of the amount set
forth above shall be borne by the employee.
B. Effective March 1, 1994 the City shall contract with PERS (Public
Employees Retirement System) to make available those health insurance benefits
provided under the Public Employees Medical and Hospital Care Act (PEMHCAI.
The PERS Health Benefits Plan shall replace any other health benefits program
maintained by the City for eligible employees, eligible retirees, and their eligible
surviving annuitants.
1) Except as provided in Section 4 B (2) Flexible Benefits Plan, 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
This City's payment toward the Flexible Benefit Plan is exclusive of the
16.00 payment in Section 4 B (1).
3) Any amounts in excess of the amounts designated in Section 4 B (1)
and (2) necessary to maintain benefits under any benefits plans selected by the
employee shall be borne by the employee.
Exhibit "AU Page 5 Reso. No. 8280
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
a family member. Additionally, an employee may choose to not be enrolled in
the Health Benefits Plan. If an employee chooses not to be enrolled in a health
plan the employee must provide proof, as determined by the Personnel Officer,
that comparable medical insurance is in full force and effect. Based upon
determination that insurance is in full force and effect, eligible employees shall
receive $60.00 toward the Flexible Benefits Plan. In the event that the employee
loses eligibility (with documentation) then the employee may re-enroll in
the PERS Health Benefits Plan pursuant to the PERS Health Benefits
Plan.Section 5. DENTAL INSURANCE. Current contributions shall remain in
effect through February 28, 1994. Effective March 1, 994 this provision and the City'
s designated contribution shall be
eliminated.Article
XV EDUCATIONAL
REIMBURSEMENT SECTION 2(B)' Replace
with... To qualify for the incentive, eligible
employees shall become and remain certified by the International Conference of
Building Officials (I.C.B.O.) as a Combination Dwelling Inspector in one of the
following
disciplines:1)
Plumbing;2)
Electrical;3)
Mechanical;4) Plans
Examiner;5) Any other discipline approved by the Building
Official that may be offered by I.C.B.O. in the
future.Failure to maintain certification in the required disciplines (through
re-examination) shall result in such inspector no longer qualifying for the
incentive.SECTION2m), Replacewith... City shall pay I.C.B.O. fees upon passing
initial and recertification
examinations.Article
XXV MISCELLANEOUS
PROVISIONS SECTION 1. RIDESHARE INCENTIVE PROGRAM. Language remains the same
as specified in Resolution No.
7614.Exhibit "A" Page 6 Reso. No.
8280
r-
m_--lf _mm
SECTION 2. MISCELLANEOUS FURLOUGH PROVISIONS
A. Accumulated ComDensatorv Time Conversion Privileae For the term of this
agreement the employees covered by this Agreement shall waive their privilege
to convert accumulated compensatory time to cash in lieu of time taken.
B. No Lav Off Provision. Effective through June 25, 1994, the employees
covered by this Agreement shall not be subject to layoffs.
Article XXX
TERM OF MEMORANDUM OF UNDERSTANDING AND ADDENDUM
The term of the Memorandum of Understanding, Resolution No. 7614 and this
addendum shall commence on October 1, 1993 and shall continue in full force
and effect until June 25, 1994.
Article XXVII
RATIFICATION AND EXECUTION
The City and the Orange County Employees' Association acknowledge that this
Memorandum of Understanding shall not be in full force and effect until ratified
by the Association and adopted by the City Council of the City of Orange.
Subject to the foregoing, this Memorandum of Understanding is hereby executed
by the authorized representatives of the City and the Association and entered
into this 14th day of December, 1993.
CITY OF ORANGE
By0'A~~~
j~l~
l
ORANGE COUNTY EMPLOYEES'
ASSOCI T N
BY:
Larry Lyki ,C 'ef Negotiator,
Orange County Employees'
Association
Exhibit "AU Page 7 Reso. No. 8280
If