RES-11183 P_T and Seasonal Employees FY 2019-20RESOLUTION NO. 11183
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE RELATING TO
THE CLASSIFICATION, COMPENSATION, AND
TERMS OF EMPLOYMENT FOR PART-TIME
AND SEASONAL EMPLOYEES OF THE CITY OF
ORANGE EFFECTIVE JULY 1, 2019 THROUGH
AND INCLUDING JUNE 30,2020 AND REPEALING
RESOLUTION NO. 11112 AND AMENDMENTS
THERETO.
WHEREAS, the City Council of the City of Orange wishes to set forth the wages, hours and
coriditions of employment for July 1,2019 through June 30,2020 for the employees described herein;and
WHEREAS, the City Council has consulted with the City Manager concerning the proposed
employment terms contained herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby
adopts the wages, hours and conditions of employment for the period of July 1, 2019 through June 30,
2020 for Part-Time and Seasonal Employees contained in Exhibit"A", as fully set forth herein.
ADOPTED this 8th day of October 2019.
V' " C
Mark A. urphy, Mayor, Ci of range
ST:
Pame a Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do 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 8th day of October 2019, by the following vote:
AYES:COiJNCIL MEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES:COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COiJNCIL MEMBERS: None
amela Coleman, City Clerk, City of Orange
City of
Yl
PART-TIME AND SEASONAL EMPLOYEE
RESOLUTION
JULY 1, 2019 THROUGH JUNE 3 0, 2020
TABLE OF CONTENTS
Section No. Section Title Page No.
1 Basic Compensation Plan 1
2 Salary and Wage Schedules 1
3 Administration of Basic Compensation Plan . 1
4 Beginning Rates 1
5 Service 1
6 Advancement Within Schedule 1
7- Reduction in Salary Steps 2
8 Probation 2
9 Promotion 2
10 Demotion 2
11 Reassignment of Compensation Ranges 3
12 Working Out of Class 3
13 Overtime/Compensatory Time 4
14 Callback Compensation 4
15 Holidays 5
16 Vacation 6
17 Part-Time and Temporary Employee Eligibility for
Fringe Benefits 7
18 Leaves of Absence 7
19 Workers' Compensation 10
20 Life Insurance 10
21 Long-Term Disability Insurance 10
TABLE OF CONTENTS (CONTINUEDI
Section No. Section Title Pa e No.
22 Health Benefits 11
23 Retirement 11
24 Direct Deposit 12
25 Grievance Procedure 12
26 Travel Expense Allowance 13
27 Effective Dates 14
APPENDIX"A" Salary Schedule 15
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 or will in the future be 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. The term
employee(s)" shall refer only to those employees covered by this Resolution.
SECTION 2. SALARY AND WAGE SCHEDULES. Salaries effective December 8, 2019 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 equivalent hourly rate of pay shall be the monthly
rate times 12 divided by 2,080 annual hours. In determining the hourly rate as herein provided,
compensation shall be made to the nearest %cent.
Employees may be considered for advancement to the next higher step upon completion of two thousand
eighty(2,080) hours of service in a classification.
SECTION 4. BEGINNING RATES. A new employee in Appendix "A" shall be paid the rate shown
in Step "A" in the range allocated to the classification 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 Human Resources Director, such employee may be placed in a higher step depending upon the
employee's qualifications.
SECTION 5. SERVICE. The word "service" as used in this Resolution shall be defined to mean
continuous,part-time service in an employee's 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. An employee re-entering the service of the CiTy 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. For
Community Services Department employees, service shall be consecutive seasonal summer employment
with the City.
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 salary range
upon completion of the minimum length of service as specified in Section 3 above. Advancement
through the salary range may be granted only for continuous,meritorious, and efficient service by
the employee in the effective performance of the duties of his position. A merit increase shall
become effective on the first day of the next pay period following the completion of the length of
service required for such advancement, and shall require the following:
1) The department head in the department which the employee is employed shall file with
the Human Resources Director a Personnel Action Form and a completed Performance
Evaluation form recommending the granting or denial of the merit increase and
supporting such recommendation with specific reasons therefore. Disapproval from the
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Human Resources Director, together with the reasons therefore, shall be returned to the
department head.
2) The recommendation of the department head, after approval of the Human Resources
Director, shall be forwarded to the Payroll Division of the Finance Department for
change of payroll status.
B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency
in the performance of his duties, his department head may recommend to the Human Resources
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 Human Resources 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 advance-
ment at any subsequent time. This reconsideration shall follow the same steps and shall be subject
to the same action as provided in Subsection A.
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 with the approval of the Human Resources Director. Procedure for such reduction shall follow the
same procedure as outlined for merit advancement in Section 6, and such employee may be considered
for re-advancement under the same provisions as contained in Subsection A of Section 6.
SECTION 8. PROBATION. An employee scheduled in the duly adopted budget to work at least 20
hours per week on a year-round basis initially appointed or promoted to a classification shall serve a
probationary period during which time he shall have an opportunity to demonstrate suitability for the job.
Employees scheduled 20 hours or more per week shall serve a probationary period of 26 consecutive pay
periods. Under certain conditions, with approval of the Human Resources Director, the department head
may extend the probationary period. The employee shall attain regular status in the classification upon
successful completion of the probationary period.
All part-time employees scheduled in the budget to work 19 hours or less per week, probationary
employees, and all seasonal employees are employed "At-Will". The City reserves the right to terminate
the employment relationship at any time, with or without cause, for "At-Will" employees. Initially
appointed probationary, as well as all other "At-Will" employees, shall not be entitled to appeal
termination.
SECTION 9. PROMOTION. When an employee is promoted to a position in a higher classification,
he may be assigned to the step in the new salary range which provides for at least a five percent (5%)
increase. With the approval of the department head and Human Resources Director, the employee may
be placed in the step in the new salary range as will grant him an increase of at least one, but not more
than three salary steps.
SECTION 10. DEMOTION. When an employee is demoted to a position in a lower classification, his
salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the
following provisions:
A. The salary rate shall be reduced by at least one step; and
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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 allocated to a different pay range shall retain the same salary step in
the new range as he previously held in the prior range, and sha11 retain credit for length of service acquired
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 Human Resources
Director may, at his discretion, at the time of reassignment, place the employee in a step which
will result in an increase of only one step.
B. That if the reassignment is to a lower compensation range, the "F" Step of which 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 new classification shall be reassigned to a compen-
sation 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 14 consecutive working days without additional compensation. An employee shall receive acting
time pay at "A" Step of the higher class, or 5% above the employee's regular salary, whichever is greater,
for work performed in the higher classification on the 15th consecutive day out of class, and for each
consecutive day thereafter an employee works out of class. The Department Head or his designee sha11
assign the employee to work out of classification but shall notify the Human Resources Director prior to
the assignment.
During the 14 consecutive working day eligibility period before an employee is entitled to receive acting
time pay, absence for compensatory time and/or vacation shall brealc consecutiveness and cause the 14
consecutive working day eligibility period to start over. Absences for regularly scheduled holidays,
regular days off,jury duty, and/or verifiable sick leave shall not constitute a break in consecutiveness or
acting pay eligibility.
A. Temporar Up rade Pa When an employee is working out of classification due to an
incumbent's approved leave of absence, said employee shall receive Temporary Upgrade Pay.
Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is
compensation to employees who are required by their employer or governing board or body to
work in an upgraded position/classification of limited duration."
The above form of compensation shall be reported to Ca1PERS as special compensation and
therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to
Ca1PERS as pensionable compensation for"new members"hired on or after January 1, 2013, as
defined by the Public Employees' Pension Reform Act of 2013 (PEPRA).
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B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated
due to voluntary resignation, promotion, demotion or termination. Government Code Section
20480 of the Public Employees'Retirement Law(PERL) defines an"out-of-class appointment"to
mean an appointment to an upgraded position or higher classification by an employer or governing
board or body in a vacant position for a limited duration. For purposes of this Section, a "vacant
position" refers to a position that is vacant during recruitment for a permanent appointment. A
vacant position does not refer to a position that is temporarily available due to another employee's
leave of absence.
SECTION 13. OVERTIME/COMPENSATORY TIME.
A. COMPENSATORY TIME. A benefited employee covered by this Resolution shall be entitled to
compensatory time for all hours worked in excess of 40 hours within the employee's FLSA work
period. Compensatory time shall be accumulated at the rate of one-quarter (1/4) hour of
compensatory time for each one-quarter('/a) hour of overtime worked.
B. PREMIUM(TIME AND ONE-HALFI OVERTIME. Only time actually worked(i.e.,not holiday,
vacation, sick leave, or compensatory time) over 40 hours in an FLSA work period shall be paid
at the premium (time and one-hal fl rate either in the form of pay or compensatory time. FLSA
exempt seasonal employees are not entitled to receive premium overtime compensation.
C. COMPENSATORY TIME ACCUMULATION. Compensatory time shall be accumulated to the
nearest one-quarter('/a)hour increment. Where an employee works less than one-quarter(1/4)hour
per day of overtime, the employee shall not receive compensatory time, and such time shall not
count toward the computation of overtime.
D. ELIGIBILITY. In order to be entitled to compensatory time, such compensatory time must be
authorized by the department head or his authorized agent.
E. MAXIMUM COMPENSATORY TIME ACCRUAL. An employee shall not be entitled to
accumulate compensatory time in excess of 80 hours during any calendar year. Any accumulated
compensatory time accrued in excess of 80 hours per calendar year sha11 be automatically paid on
the first pay period of the new calendar year.
F. USE OF COMPENSATORY TIME.
1) Pavment of Compensatory Time. Compensatory time shall be paid at the regular rate
of pay or equal time off, when authorized by the department head.
2) Pa,yment Upon Termination. Employees shall be entitled to receive payment for all
accumulated compensatory time upon their termination or upon promotion into another
bargaining unit.
SEGTION 14. CALLBACK COMPENSATION. If benefited 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 (2)hours callback compensation,regardless of whether the employee works
less than two (2)hours. This provision shall be applicable to employees although the employee's regular
workweek is not completed, but shall not apply to employees who are continuing on duty.
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SECTION 15. HOLIDAYS.
A.HOLIDAY DESIGNATION. Benefited employees shall receive the following paid holidays,based
upon proration of their hours if employee is a part-time employee:
1) January lst (New Year's Day)
2) Third Monday in February (President's Day)
3) Last Monday in May(Memorial Day)
4) July 4th(Independence Day) _
5) First Monday in September(Labor Day)
6) November l l h(Veteran's Day)
7) Fourth Thursday in November(Thanksgiving Day)
8) Fourth Friday in November(Day after Thanksgiving)
9) One-half day(4.5 hours)before Christmas if December 24th falls on a Monday through
Thursday(Christmas Eve)
10)December 25t" (Christmas Day)
B. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. 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 day will be taken in lieu of the actual date on
which the holiday falls. When any of the above holidays fall on an employee's regularly scheduled
day off, except one-half day before Christmas,40-hour benefited employees will be credited with
nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be
used by the employee by June 30th of the same fiscal year in which it was accumulated or be
forfeited. In addition, employees shall be entitled to receive payment for all accumulated holiday
compensatory time upon their termination or upon promotion into another bargaining unit.
C. ELIGIBILITY TO RECEIVE HOLIDAY PAY. In order to be eligible to receive holiday pay, an
employee must have worked, or be deemed to have worked because of an approved absence (e.g.,
sick leave, vacation, or compensatory time), the employee's regularly scheduled day before and
regularly scheduled day after the holiday.Probationary benefited employees are provided with and
are eligible to use floating holiday hours, according to the guidelines established in this Section,
and/or with approval of the Human Resources Director.
D. HOLIDAY DURING VACATION. Should any of the holidays listed above fall during an
employee's vacation period,or while an employee is on an excused absence with pay,the employee
shall receive holiday pay and no charge shall be made against the employee's accumulated
vacation.
E. FLOATING HOLIDAY. Notwithstanding the above, floating holiday hours shall be taken at the
convenience of the City with approval of the department head or his duly authorized agent. For
purposes of this benefit, employees will have credited nine (9) hours of floating holiday as of
January l st. This floating holiday shall be taken as time off from work no later than December 315`
of the same year. The floating holiday is not accumulative and shall be forfeited should it not be
taken during the year it was earned. Employees under this Section who are promoted to another
bargaining unit or who terminate their employment with the City prior to using the floating holiday
shall receive cash reimbursement for said holiday.
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F. COMPENSATION FOR HOURS WORKED ON OBSERVED CITY HOLIDAYS. All
employees required to work on a holiday listed above, with the approval of their supervisor, shall
receive holiday pay plus straight time pay for hours worked on the holiday, or time off equal to
the number of hours the employee actually worked on the holiday. Employees who work in excess
of their regular number of hours on a holiday listed above, shall receive double time pay for all
such hours actually worked. Employees shall receive no other compensation whatsoever for
working on a holiday.
SECTION 16. VACATION.
A. VACATION ACCRUAL. Benefited employees who have one year's continuous service, shall
receive the following vacation hours per year, based upon proration of their employment status if
less than a full-time employee.
1 thru 4 80
5 thru 10 120
11 128
12 136
13 144
14 152
15 thru 24 160
25 or more 200
B. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of
the City with the approval of the department head or his designee. Where possible, such vacation
should be taken annually and not accumulated from year to year. Vacation hours not in excess of
the equivalent number of hours earned in the immediately preceding 24-month period may be
accumulated with the permission of the department head and the Human Resources Director.
Employees shall not accumulate vacation in excess of the equivalent number of hours earned in
the immediately preceding 24-month period. All vacation hours in excess of the equivalent
number of hours earned in the immediately preceding 24-month period not taken by the employee
shall be forfeited. Probationary benefited employees accrue vacation, but may not use vacation
until successful completion of an initial probation period,except in the event of a City Hall holiday
closure, with approval of the Human Resources Director.
C. VACATION CONVERSION. 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 16B and may so convert once during the 2019/20
fiscal year.
D. VACATION PAY-OUT UPON TERMINATION. Employees who terminate their employment
with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final
accrual. Prorated vacation shall be on the basis of 1/12' of the employee's annual vacation pay
for each full month of service.
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SECTION 17. PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE
BENEFITS.
A. DEFINITIONS. Nothing contained herein shall guarantee to any employee a specified number of
hours per day or days per week or weeks per month or months per year of work.
1) Re u lar part-time emplo e es_ 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).
2) Temporary art-time emplovees 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).
3) Seasonal emplovees shall be those employees who are scheduled in the budget to work
on less than a year-round basis regardless of hours worked per week.
B. ENTITLEMENT TO FRINGE BENEFITS 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 part-time employees shall be the schedule that is included in the City's approved
budget or a schedule that 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, disability insurance contribution, and retirement
contribution.
C. TEMPORARY AND SEASONAL EMPLOYEES. Temporary and seasonal employees shall not
be entitled to receive any fringe benefits provided for in this Resolution or in any resolution of the
City,unless otherwise provided by Federal and/or State law.
SECTION 18. LEAVES OF ABSENCE.
A. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the
following Leave Without Pay procedure shall apply:
1) After all available leave benefits,including vacation,compensatory time,sick leave,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.
No such leave will be considered absent a written application from the employee
requesting leave.
2) If the department head and the Human Resources 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 (6) months following the date of expiration of all other allowable leave benefits.
3) No employment or fringe benefits such as sick leave, vacation, health insurance,
retirement, or any other benefits shall accrue to any employee on leave of absence
without pay except as denoted under the FCML Section below. During such leave in
excess of five (5) working days,no seniority shall be accumulated.
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4) Subject to and consistent with the conditions of the group health, life or disability plan,
coverage may be continued during a leave,provided direct payment of the total premium
by the employee is made through and as prescribed by the Payroll Division of the City.
The City will pay up to six (6) months of the Flexible Benefit Plan contribution for
employees who are on long term disability leave.
5) At the end of such leave, if the employee desires additional leave, written application
must be made through the department head to the Human Resources Director at least
ten (10) days before the end of the six (6) month period, stating the reasons why the
additional leave is required and why it would be in the best interests of the City to grant
such leave of absence. If such additional leave is merited and would still preserve the
best interests of the City, he may approve such extension of the leave of absence for a
period up to but not to exceed an additional six (6)months.
6) 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
abandoned his employment with the City and sha11 be terminated.
7) An employee on leave of absence must give the City at least seven days' written notice
of his intent to return to work prior to returning to work.
8) Any employee who engages in outside employment during said leave of absence without
prior notification and approval of the Human Resources Director and department head
may be subject to termination.
9) 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.
10)Such leave shall be granted on the same basis for pregnancy, childbirth, and other
medically related conditions, except that such an employee shall retain his seniority
rights.
11)Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Human Resources Department.
B. MILITARY LEAVE OF ABSENCE. If an employee is deployed or required to attend military
training, 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. An employee must provide a copy of
their military orders to the Human Resources Departrnent to qualify for a military leave of absence.
C. 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(8)hours of sick leave will accrue
for each month of continuous service. Probationary employees may use accrued sick
leave during their probation period.
2) All non-benefited employees shall receive sick leave as required by State law.
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3) Any employee eligible for sick leave with pay may use such leave for the following
reasons:
i. Medical and dental office appointments during work hours when authorized
by the department head or his authorized agent; and/or
ii. Personal illness or physical incapacity resulting from causes beyond the
employee's control, including pregnancy, childbirth and other medically
related conditions.
iii. For an employee who is a victim of domestic violence, sexual assault, or
stalking, for the purposes described in Labor Code sections 230(c) and
230.1(a).
iv. 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.
Instead, employees who incur a work-related injury or illness will be
eligible to receive Workers' Compensation benefits according to the State
of California's Department of Workers' Compensation regulations.
v. Familv Leave. In accordance with the California Family Leave Act, all
benefited employees may use up to one-half of their annual sick leave
accrual, per calendar year, for family leave purposes.
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 in Subsection C(3)(v) above. In
any instance involving use of a fraction of a day of sick leave, the minimum charged to
the employee's sick leave account shall be one-quarter('/4)hour,while additional actual
absence of over one-quarter('/a) hour shall be charged to the neazest one-half('/2) hour.
Sick leave shall only be used for the purposes stated and 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) Retirement from Citv Service and Entering the Public Emplovees' Retirement Svstem.
Upon retiring from City service and entering the Public Employees' Retirement System,
an employee shall receive no pay for the first 60 days of accrued sick leave (0 to 480
hours), but shall receive 25% pay for the first 30 days of accrued sick leave after the
first 60 days of accrued sick leave (481 to 720 hours), and 50%of all accrued sick leave
thereafter(721 hours to 960 hours).
6) Death of an Emplo, Upon the death of an employee while employed by the City,
100% of all accrued sick leave benefits sha11 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 decederit employee.
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7) M imum Accumulation of Sick Leave. Employees shall be allowed to accumulate and
be credited with sick leave with pay up to a maximum of 960 hours. Sick leave hours
in excess of such maximum shall be forfeited.
D. BEREAVEMENT LEAVE. Benefited employees shall be entitled to take up to three (3) days of
paid bereavement leave per incident on the follovving terms and conditions:
1) Bereavement leave may only be used upon the death, or critical illness where death
appears to be imminent, in the employee's immediate family. "Immediate family" as
used in this Subsection, shall be limited to any relation by blood, marriage or adoption,
who is a member of the employee's household (living at the same address) and any
parent, legal guardian, parent-in-law, brother-in-law, sister-in-law, grandparent,
grandchild, aunt, uncle, spouse, child, brother, sister, or registered domestic partner of
the employee regardless of residence.
2) Days of absence due to bereavement leave shall not exceed three (3) working days per
incident 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 therefore as soon as possible. Failure to inform his immediate supervisor,
within a reasonable period of time, may be cause for denial of bereavement leave with
pay for the period of absence.
E. FAMILY CARE AND MEDICAL LEAVE (FCMLI. State and Federal laws require the City to
provide family and medical care leave for eligible employees. Any provisions not set forth in the
Employee Handbook 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 Huxnan Resources Director.
1) Required Forms. Employees must fill out required forms, available in the Human
Resources Department, including: Request for Family Medical Leave; Medical
Certification; Authorization for Payroll Deductions for Benefit Coverage Continuation
During Family/Medical Care Leave; and Fitness-for-Duty to return from leave (if
applicable).
SECTION 19. WORKERS' COMPENSATION. Employees who incur a work-related injury or illness
will be eligible to receive Workers' Compensation benefits according to the State of California's Division
of Workers' Compensation(DWC) regulations.
SECTION 20. LIFE INSURANCE. The City shall contribute the full premium towards a $40,000.00
life insurance policy for each benefited employee.
SECTION 21.LONG-TERM DISABILITY INSURANCE. The City shall contribute the full premium
toward a long-term disability plan covering eligible benefited employees that pays 60% of salary after a
60-day elimination period, up to a maximum benefit of$3,000.00 per month.
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SECTION 22. HEALTH BENEFITS. The City shall continue to contract with the Public Employees'
Retirement System (PERS) to make available those health insurance benefits provided under the Public
Employees' Medical and Hospital Care Act(PEMHCA).
A. Retiree Premium Contribution. The City shall contribute toward the payment of premiums under
the PERS Health Benefits Plan on behalf of each eligible retired annuitant of PERS, to the extent
required by law, a contribution of$136.00 per month. Effective January lst of each year, this
contribution is expected to be adjusted by the CaIPERS Boazd of Administration to reflect any
change in the medical care component of the Consumer Price Index.
B. Flexible Benefits Plan. The City sha11 provide a Section 125 Flexible Benefits Plan for benefited
employees and pay the following monthly amounts to provide funds for optional dental plans,
vision plans, health plans, or miscellaneous pay, based upon proration of hours if less than 40 per
week:
1
January 1,860.00 1,235.00 $1,460.00
2019
January 1,885.00 1,285.00 $1,535.00
2020
C. The City Manager reserves the right to adjust the flexible benefits plan contributions for employees
covered by this Resolution at any time during the life of this Resolution to reflect insurance
contributions provided to employees in the Orange Municipal Employees' Association (OMEA)
unit.
D. Any amounts in excess of the amounts designated in Section 22B necessary to maintain benefits
under any benefits plans selected by the employee shall be borne by the employee.
E. 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.
F. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses
not to be enrolled in the health plan,the employee must provide proof,as determined by the Human
Resources 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 $785.00
per month toward the Flexible Benefits Plan. Eligible employees hired on or after January 1,2020
shall receive $400.00 per month toward the Flexible Benefits Plan.
G. 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.
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SECTION 23. RETIREMENT.
A. Non-Benefited Em l ovees. All non-benefited employees not covered under the Public
Employees' Retirement System shall participate.in a defined contribution retirement plan in lieu
of Social Security contributions. The City shall contribute 3.75% of the employee's eligible
earnings toward the retirement plan. Employees shall contribute 3.75% of their eligible earnings
toward the retirement plan.
B. PERS Retirement Formula—Tier 1. Employees hired prior to January 1, 2013 shall be subject to
the PERS 2.7% @ age 55 retirement formula: This also applies to new employees who are
considered "classic" members of Ca1PERS, or members of another California public retirement
system with Ca1PERS reciprocity who were hired by the City of Orange on or after January 1,
2013. "Classic" PERS members shall pay 8.0% of reportable salary, on a pre-tax basis, to PERS
as their full member contribution. These "classic" members are subject to the one (1) year final
compensation measurement period as set forth in.California Government Code Section 20042.
C. PERS Retirement Formula—Tier 2. Employees hired on or after January 1, 2013,who thereupon
become "new" members in PERS, shall be subject to the 2.0% @ age 62 retirement formula
pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA) and related
statutory changes. In all other respects, employees hired by the City on and after January 1, 2013
shall be subject to the terms and requirements of PEPRA. "New" PERS members shall pay half
of normal cost of retirement, on a pre-taa basis,to PERS as their full member contribution. These
new" members are subject to the three (3) year final compensation measurement period as set
forth in California Government Code Section 7522.32.
D. 1959 PERS Survivor Benefit. The City shall pay fees and provide the 1959 PERS Survivor Benefit
at the Third Level Option. The City shall increase the 1959 Survivor Benefit to the Fourth Level
Option (California Government Code Section 21574) for miscellaneous members; miscellaneous
members shall pay their$2.00 monthly contribution through payroll deduction. The City shall pay
the employer portion subject to the following limit: in the event the employer portion exceeds
6.00 monthly, miscellaneous members agree to pay any portion of the employer portion that
exceeds $6.00 monthly. This benefit shall be contingent upon all affected bargaining units
contractually agreeing to this provision.
SECTION 24. DIRECT DEPOSIT. City employees are required to participate in the City's direct
paycheck deposit program.
SECTION 25. 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. Grievances shall not include disciplinary actions taken against"At-Will" employees.
B. Business Days. Business days means calendar days, exclusive of Saturdays, Sundays, and legal
holidays recognized by the City.
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C. Time Limits for Filing Written Formal Grievances. The time limits for filing written formal
grievances shall be strictly construed, liut 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 Grievance 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 ten (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
Human Resources 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 ten (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 Grievance Process. Human Resources Director, Department Head. If the grievance is not
resolved through the informal process, and the written grievance is filed within the time limits set
forth above, the grievant shall discuss the grievance with the Human Resources Director and the
department head. The Human Resources 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 ten(10) business days after receiving the grievance.
F. Formal Grievance Process. Ci . Manager. If the grievance is not resolved in Subsection E above,
or if no answer has been received from the Human Resources Director and department head within
ten (10) business days from the presentation of the written grievance to the Human Resources
Director and department head,the written grievance shall be presented to the City Manager, or his
duly authorized representative, within ten (10) business days, 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 ten (10) business days after
receiving the grievance. After this procedure is exhausted, the grievant and the City shall have
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 the employee and the supervisor to resolve the grievance at the informal step.
SECTION 26. TRAVEL EXPENSE ALLOWANCE.
A. Mileage Reimbursement. Expense claims for the use of private automobiles must be submitted
pursuant to Finance Administrative Policy No. 4.13. Such use, if approved, will be reimbursed at
the rate per mile allowed under the current IRS regulations.
13
B. Out-of-Citv 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. Coach 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 mileage expense as long as the expenses do not exceed the
amount of the cost of commercial transportation. The rate per mile allowed under the current IRS
regulations may be approved for use of personal cars when City cars are not available.
E. Transportation and Expense Chaz es. Air,rail or public transportation used and expenses for local
transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is
necessary to conduct City business. In addition, the following expenses and charges will be
allowed, whenever necessary, for conducting City business.
1) Expense will be allowed for adequate lodging. Hotel accommodations should be
appropriate to the purpose of the trip.
2) Telephone charges will be allowed for official calls.
3) Expenses for meals will be reimbursed according to Finance Administrative Policy No.
4.13.
SECTION 27. EFFECTIVE DATES. This Resolution shall become effective on July 1, 2019 through
June 30, 2020 unless otherwise amended.
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APPENDIX "A"
PART-TIME AND SEASONAL
SALARY RANGES
EFFECTIVE DECEMBER 23.2018
STEP STEP STEP STEP
CLASSIFICATION TITLE Range A B C D
Assistant Pool Manager 424 17.05 17.92 N/A N/A
Assistant Recreation Services Coordinator 464 20.82 21.88 22.99 N/A
Engineering Intern 364 12.64 13.29 13.96 N/A
Lifeguard/Swim Instructor 404 15.43 16.22 N/A N/A
Management Intern 354 12.03 12.64 13.28 N/A
Parking Control Officer I 395 14.76 15.50 1630 17.02
Parks and Facilities Attendant 394 14.68 15.43 16.22 N/A
Parks Maintenance Helper 354 12.03 12.64 13.28 N/A
Police Academy Trainee 515 4,653 <Monthly
Police Cadet I 354 12.03 12.64 13.28 N/A
Police Cadet II 374 13.29 13.97 14.60 N/A
Police Reserve Officer I 453 19.70 20.71 21.77 N/A
Police Reserve Officer II 413 16.14 16.96 17.83 N/A
Police Reserve Officer III 393 14.61 15.35 16.14 N/A
Pool Manager 444 18.84 19.80 20.81 N/A
Recreation Services Activity Specialist 444 18.84 19.80 20.81 N/A
Recreation Services Leader I 354 12.03 12.64 N/A N/A
Recreation Services Leader II 374 13.29 13.97 N/A N/A
Recreation Services Leader III 394 14.68 15.43 16.22 N/A
School Crossing Guard 354 12.03 12.64 13.28 N/A
School Crossing Guard Supervisor 394 14.68 15.43 16.22 N/A
Swimming Attendant 354 12.03 12.64 13.28 N/A
Note: The above salary ranges include salary adjustments of up to 9.S%for classifications
impacted by the State Minimum Wage increase effective .Ianuary 1, 2019, as well as
adjustments to protect against salary compaction between classifications.
is
APPENDIX "A"
PART-TIME AND SEASONAL
SALARY RANGES
Continued)
EFFECTIVE DECEMBER 8.2019
STEP STEP STEP
CLASSIFICATION TITLE Range A B C
Assistant Pool Manager 440 18.47 19.41 N/A
Assistant Recreation Services Coordinator 480 22.54 23.70 24.90
Engineering Intern 378 13.55 14.25 14.97
Lifeguard/Swim Instructor 420 16.71 17.57 N/A
Management Intern 378 13.55 14.25 14.97
Parking Control Officer I 409 15.82 16.63 17.48
Parks and Facilities Attendant 410 15.90 16.72 17.56
Parks Maintenance Helper 370 13.02 13.69 14.39
Police Academy Trainee 535 5,141 <Monthly
Police Cadet I 370 13.02 13.69 14.39
Police Cadet II 390 14.39 15.13 15.90
Police Reserve Officer I 453 19.70 20.71 21.77
Police Reserve Officer II 413 16.14 16.96 17.83
Police Reserve O cer III 393 14.61 15.35 16.14
Pool Manager 460 20.40 21.45 22.54
Recr.eation Services Activity Specialist 460 20.40 21.45 22.54
Recreation Services Leader I 370 13.02 13.69 N/A
Recreation Services Leader II 390 14.39 15.13 N/A
Recreation Services Leader III 410 15.90 16.72 17.56
School Crossing Guard 370 13.02 13.69 14.39
School Crossing Guard Supervisor 410 15.90 16.72 17.56
Swimming Attendant 370 13.02 13.69 N/A
Note.• The above salary Nanges include salary adjustments of up to 8.0%for classifications
impacted by the State Minimum Wage increase effective January 1, 2020, as well as
adjustments to protect against salary compaction between classifications.
16