RES-11112 Part Time & Seasonal EmployeesRESOLUTION NO. 11112
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 1,2018 THROUGH AND
INCLUDING JUNE 30, 2019 AND REPEALING
RESOLUTION NO. 11042 AND AMENDMENTS
THERETO, FOR SAID EMPLOYEES.
WHEREAS, the City Council of the City of Orange wishes to set forth the wages, hours
and conditions of employment for July 1,2018 through June 30,2019 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 wages, hours and conditions of employment be
adopted as follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic
compensation plan for all employees of the City of Orange who are now employed 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 23,2018
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 %2 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
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.
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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 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 Step "A" in the appropriate range for the higher classification.
However,if such employee is already being paid at a rate equal to or higher than Step "A",he may
be placed in a step in that appropriate salary range as will grant him an increase of at least one (1),
but no more than three (3) 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
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 shall retain credit for
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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 compensation schedule which
will allow for further salary advancement, or until such time as the employee is
promoted to a position assigned to a higher compensation range.
C. That if the reassignment is to a lower compensation range,the "F" Step of which
is higher than the existing rate of pay of the employee, the employee shall be
placed on that step of the lower compensation range which is equivalent to the
employee's existing rate of pay. If there is no equivalent rate of pay, the
employee shall be placed on the next highest step. The employee shall retain
credit for length of service previously acquired in such step toward
advancement to the next higher step.
SECTION 12. WORKING OUT OF CLASS. The City may work employees out of
classification for up to 14 consecutive working days without additional compensation. On the 15th
consecutive working day the employee works out of classification and for each additional
consecutive working day the employee works out of classification, he shall be paid additional
compensation at the "A" Step of the classification to which he is assigned, or 5% above the
employee's regular salary, whichever is greater. To qualify for working out of class pay, the
employee must be performing all of the significant duties of the higher level position and meet the
minimum requirements of the higher level classification.
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 ('/4) hour of compensatory time for each .
one-quarter('/4) hour of overtime worked.
B. PREMIUM (TIME AND ONE-HALF) 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
rate either in the form of pay or compensatory time. FLSA exempt seasonal
employees are not entitled to receive premium overtime compensation.
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C. COMPENSATORY TIME ACCUMULATION. Compensatory time shall be
accumulated to the nearest one-quarter (
1/
4) hour increment. Where an
employee works less than one-quarter ('/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. MAXIMLTM 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 shall 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. Payment Upon Termination. Employees shall be entitled to receive
payment for all accumulated compensatory time upon their termination or
upon promotion into another bargaining unit.
SECTION 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.
SECTION 15. HOLIDAYS.
A. HOLIDAY DESIGNATION. Benefited employees shall receive the following
paid holidays, based upon proration of their hours if less than 40 per week:
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 lth(Veteran's Day)
7. Fourth Thursday in November(Thanksgiving Day)
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8. Fourth Friday in November(Day after Thanksgiving)
9. One-half day before Christmas, if December 24th falls on a Monday
through Thursday (Christmas Eve; 4.5 hours)
10. December 25th (Christmas Day)
11. Total of 9 hours of floating holiday time
B. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the
above holidays, except'/z day before Christmas,fall on a Sunday,the following
day will be taken in lieu of the actual date on which the holiday falls. When
any of the above holidays fall on a Saturday, except 1/Z 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 one floating holiday as of January 1 St. This floating holiday shall
be taken as time off from work no later than December 31 St 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 hours if less than 40 per week:
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 16(B) and may so convert once during the 2018/19 fiscal
year and once during the 2019/20 fiscal year.
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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 1/12th of the employee's annual vacation pay for each full month of
service.
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 part-time emplo. 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. Temporar part-time emplo.es 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 emplo. 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:
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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.
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 shall 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.
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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 required to take military
training two (2)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. An employee must provide a copy of their
military orders to the Human Resources Department 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.
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. 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.
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iv. Family 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 A plication. 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)(iv) 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-quarter ('/4) hour, while additional actual
absence of over one-quarter(1/4) hour shall be charged to the nearest 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 City Service and Enterin the Public Emplo.
Retirement SXstem. 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 Employee. Upon the death of an employee while employed
by the City, 100% of all accrued sick leave benefits shall be paid to the
beneficiary of the deceased employee. Payment will be made when
proper authorization for payment is received from the estate of the
decedent employee.
7. Maximum 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 following 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,
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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 (FCML, 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 Human 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.
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
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133.00 per month. Effective January lst of each year, this contribution is
expected to be adjusted by the CaIPERS Board of Administration to reflect any
change in the medical care component of the Consumer Price Index.
B. Flexible Benefits Plan. The City shall 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:
Janu 1, 2018 785.00 $1,160.00 $1,385.00
Janu 1, 2019 860.00 $1,235.00 $1,460.00
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 21 B 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 the single employee rate of $785.00 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.
SECTION 23. RETIREMENT.
A. PERS Retirement Formula—Tier 1. Effective June 29,2003,the City provided
the PERS 2.7% @ age 55 Retirement Program. This applies to all employees
hired by the City prior to January 1,2013. This also applies to new employees
who are considered "classic" members of Ca1PERS or current members of
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another California public retirement system with Ca1PERS reciprocity who are
hired on or after January 1,2013. Employees do not contribute any portion of
their salary to PERS toward cost-sharing of the City's employer contribution
rate. The City shall pay all remaining costs toward the retirement program for
employees covered herein.
B. 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 program 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 50% of the normal cost of retirement.
C. PERS Member Contribution. All benefited employees shall participate in the
California Public Employees' Retirement System (Ca1PERS). Effective July
28,2013,benefited employees who are considered"classic"members in PERS
shall pay 8.0% of reportable salary, on a pre-tax basis, to PERS as their full
member contribution.
D. Non-Benefited Employees. 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. Non-benefited employees shall contribute 3.75% of their
eligible earnings toward the retirement plan.
E. 1959 PERS Survivor Benefit. The City shall pay fees and provide the 1959
PERS Survivor Benefit at the Third Level Option.
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.
Resolution No. 11112 14
C. Time Limits for Filin; Written Formal Grievances. The time limits for filing
written formal grievances shall be strictly construed, but may be extended by
mutual agreement evidenced, in writing, and signed by a duly authorized
representative of the City and the grieving party. Failure of the grieving party
to comply with any of the time limits set forth hereunder shall constitute waiver
and bar further processing of the grievance. Failure of the City to comply with
the time limits set forth in this Section shall automatically move the grievance
to the next level in the Grievance Procedure.
D. Informal 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, Cit. 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
Resolution No. 11112 15
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.
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 Char e s. 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 and transmission charges will be allowed for official calls and
transmissions.
3. Expenses for meals will be reimbursed according to Finance
Administrative Policy No. 4.13.
Resolution No. 11112 16
SECTION 27. EFFECTIVE DATES. This Resolution shall become effective on July 1,
2018 through June 30, 2019 unless otherwise amended.
ADOPTED this 9th day of October, 2018.
rJ .
Teresa E. Smith, Mayor, City of Orange
ATTEST:
G, Cle
Mary E. M hy; City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I,MARY E.MURPHY,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 9th day of October 2018,by the following vote:
AYES:COLJNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy,Nichols
NOES:COLTNCILMEMBERS: None
ABSENT: COLJNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
Ch e e '
Mary E. M hy, ity Clerk, City of Orange
Resolution No. 11112 17
APPENDIX"A"
CITY OF ORANGE
PART-TIME AND SEASONAL EMPLOYEES HOURLY RATES
EFFECTIVE DECEMBER 24,2017
NEW STEP STEP STEP STEP
CLASSIFICATION TITLE Range A B C D
Assistant Pool Manager 406 15.59 16.38 N/A N/A
Assistant Recreation Services Coordinator 436 18.10 19.03 20.00 N/A
Engineering Intern 364 12.64 13.29 13.96 N/A
Lifeguard/Swim Instructor 386 14.11 14.46 N/A N/A
Management Intern 348 11.67 12.27 12.89 N/A
Parking Control Officer I 387 14.18 14.90 15.66 16.46
Parks and Facilities Attendant 361 12.46 13.09 13.75 N/A
Parks Maintenance Helper 337 11.05 11.61 12.20 N/A
Police Academy Trainee 507 4,471 <Monthly
Police Cadet I 336 11.00 11.56 12.14 N/A
Police Cadet II _ 356 12.14 12.77 13.42 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 T/A
Police Reserve Officer III 393 14.61 15.35 16.14 N/A
Pool Manager 426 17.22 18.10 19.02 N/A
Recreation Services Activity Specialist 426 17.22 18.10 19.02 N/A
Recreation Services Leader I 336 11.00 11.56 N/A N/A
Recreation Services Leader II 356 12.14 12.77 N/A N/A
Recreation Services Leader III 376 13.42 14.11 14.83 N/A
School Crossing Guard 336 11.00 11.56 12.14 N/A
School Crossing Guard Supv 376 13.42 14.11 14.83 N/A
Swimming Attendant 336 11.00 11.56 N/A N/A
Note: The above sala y anges eflect a 4.5% sala y adjustment for classifications
impacted by the State Minimum Wage inc ease effective January 1, 2018 and pNotect
against salas^y compaction between classifications.
Resolution No. 11112 18
CITY OF ORANGE
PART-TIME AND SEASONAL EMPLOYEES HOURLY RATES
Continued)
EFFECTIVE DECEMBER 23,2018
NEW STEP STEP STEP STEP
CLASSIFICATION TITLE Range A B C D
Assistant Pool Manager 444 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 O cer I 395 14.76 15.50 16.30 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 O cer 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 Supv 394 14.68 15.43 16.22 N/A
Swimming Attendant 354 12.03 12.64 13.28 N/A
Note: The above sala y anges include salary adjustments of up to 9.5% fo
classifications impacted by the State Minimum Wage inc ease effective .Ianua y 1,
2019, as well as adjustments to p otect against sala y compaction between
classifications.
Resolution No. 11112 19