RES-10728 Part Time & Seasonal Employees ClassificationsRESOLUTION NO. 10728
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, 2013 THROUGH
AND INCLUDING JUNE 30, 2014 AND REPEALING
RESOLUTION NO. 9953 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, 2013 through June 30, 2014 for the
employees described herein, and
WHEREAS, the City Council has consulted with the City Manager and the Human
Resources Director 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 June 25, 2006
for employees covered by this Resolution are listed in Exhibit "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 ' /z cent.
Employees may be considered for advancement to the next higher step upon
completion of two thousand eighty (2,080) hours of service.
SECTION 4. BEGINNING RATES. A new employee in Exhibit "A" of the City shall
be paid the rate shown in Step "A" in the range allocated to the class of employment for
which he has been hired, except that on the request of the department head under whom the
employee will serve, and with the authorization of the Human Resources Director, such
employee may be placed in Step "B ", "C ", or "D" if applicable, depending upon the
employee's qualifications.
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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. Except that for Community Services employees, service shall be consecutive
seasonal summer employment with the City in the Community Services Department.
SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following regulations
shall govern salary advancements within ranges for employees in Exhibit 'W"
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 the above paragraph of this section.
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 on an average of at least 20 hours per week on a year -round basis initially appointed or
promoted to a class shall serve a probationary period during which time he shall have an
opportunity to demonstrate suitability for the job. 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 class upon successful
completion of the probationary period. An employee who does not satisfy the standards of
the class during the probationary period shall be notified in writing and termination or
demotion proceedings shall be initiated.
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.
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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 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 15 consecutive working day the employee works out of classification and for each
additional consecutive working day the employee works out of classification, he shall be paid
additional compensation at the Step "A" of the class to which he is assigned, 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 class.
SECTION 13. OVERTIME /COMPENSATORY TIME.
A. COMPENSATORY TIME. An employee covered by this Resolution shall be
entitled to compensatory time for all hours worked in excess of 40 hours within
the employee's workweek. Compensatory time shall be accumulated at the rate of
one - quarter (t /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 -half) 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 ('/4) hour increment. Where an employee
works less than one - quarter ( I /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 shall be automatically paid on the first pay period of the
new calendar year.
F. USE OF COMPENSATORY TIME.
a. Payment of Compensatory Time. Overtime shall be paid at the regular
rate of pay or equal time off, when authorized by the department head.
b. 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 1 (New Year's Day)
2) The third Monday in February (President's Day)
3) Last Monday in May (Memorial Day)
4) July 4 (Independence Day)
5) First Monday in September (Labor Day)
6) November 11 (Veteran's Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) One -half day before Christmas, if December 24 falls on a Monday through
Thursday (Christmas Eve; 4.5 hours)
10) December 25 (Christmas Day)
11) A 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 %2 day before Christmas, fall on a Sunday, the following
day will be taken in lieu of the actual date on which the holiday falls. When any of the
above holidays fall on a Saturday, except 1 /2 day before Christmas, the preceding Friday
will be taken in lieu of the actual date on which the holiday falls. Except that, when any
of the above holidays falls 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 30 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 one of the holidays listed
above fall during an employee's vacation period 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. This floating holiday shall be taken as time off
from work no later than December 31 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.
F. DOUBLE TIME PAY. All employees required to work on a holiday
listed above, with the approval of their supervisor, shall receive double 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.
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SECTION 16. VACATIONS.
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:
After Years Vacation Hours
of Service Per Year
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(A) and may so convert once in a calendar year. For the duration of this
Resolution, the vacation conversion benefit provided herein shall be suspended.
Suspension of this benefit shall not affect any other provisions of the Resolution
pertaining to vacation or other benefits including, but not limited to, retirement, sick
leave accruals, insurances, etc.
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.
i. Regular part-time employees shall be those employees scheduled in
the duly adopted budget to work 20 or more hours per week on a
year -round basis (52 weeks minus approved leave).
ii. Temporary part-time employees shall be those employees scheduled
in the approved budget to work less than 20 hours per week on a
year -round basis (52 weeks minus approved leave).
iii. Seasonal employees shall be those employees who are scheduled in
the budget to work on less than a year -round basis regardless of
hours worked 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.
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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.
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 her
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. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated for
regular part-time employees in accordance with the following:
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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) Any employee eligible for sick leave with pay may use such leave for the
following reasons:
a) Medical and dental office appointments during work hours when
authorized by the department head or his authorized agent; and/or
b) Personal illness or physical incapacity resulting from causes beyond
the employee's control; including pregnancy, childbirth and other
medically related conditions.
c) 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.
d) 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.
3) 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 B (2)(d) 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 ( hour, while additional actual absence of over one -
quarter ( 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.
4) Retirement from City Service and Entering the Public Employees'
Retirement System. 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).
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5) 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.
6) Maximum Accumulation of Sick Leave. Notwithstanding any other
provision herein, an employee who is initially hired after July 1, 1980 shall
be allowed to accumulate and be credited with sick leave with pay only up
to a maximum of 960 hours. Sick leave hours in excess of such maximum
shall be forfeited.
C. 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, 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.
D. 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
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Continuation During Family/Medical Care Leave; and Fitness - for -Duty to return
from leave (if applicable).
SECTION 19. LIFE INSURANCE. The City shall contribute the full premium
towards a $40,000 life insurance policy for each benefited employees.
SECTION 20. 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
per month.
SECTION 21. 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 retiree
annuitant of PERS, to the extent required by law, a contribution of $115.00 per
month.
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:
Effective Date Single 2 -Party Family
July 1, 11 11 ,1 11 11
January 1, 2014 • 1 11 • : 11 1 11
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.
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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 $610.00
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 22. RETIREMENT.
A. 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. Employees will be provided an annual
report showing the amount of contribution so made.
B. PERS Retirement Formula — Tier 1. Effective June 29, 2003, the City has
provided the PERS 2.7% @ age 55 Retirement Program. This applies to
those employees hired by the City prior to January 1, 2013, also known as
classic members." 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
C. 1959 PERS Survivor Benefit. The City shall pay fees and provide the 1959
PERS Survivor Benefit at the Third Level Option.
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. 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.
Said new members shall contribute 6.75% of reportable salary, on a pre -tax
basis, to PERS as their full member contribution. This contribution rate is
subject to change as required by Ca1PERS for new PEPRA members.
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SECTION 23. GRIEVANCE PROCEDURE.
A. Definition of Grievance. A grievance shall be defined as a timely complaint
by an employee or group of employees concerning the interpretation or application of
specific provisions of this Resolution of the Rules and Regulations governing
personnel practices or working conditions of the City. Grievances shall not include
disciplinary actions taken against "At -Will" employees.
B. Business Dam Business days mean calendar days, exclusive of Saturdays,
Sundays, and legal holidays recognized by the City.
C. Time Limits for Filing Written Formal Grievances. The time limits for
filing written formal grievances shall be strictly construed, but may be extended by
mutual agreement evidenced, in writing, and signed by a duly authorized representative
of the City and the grieving party. Failure of the grieving party to comply with any of
the time limits set forth hereunder shall constitute waiver and bar further processing of
the grievance. Failure of the City to comply with the time limits set forth in this
Section shall automatically move the grievance to the next level in the Grievance
Procedure.
D. Informal 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 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 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 10 business
days after receiving the grievance.
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F. Formal Grievance Process, City Manager. If the grievance is not resolved in
E above, or if no answer has been received from the Human Resources Director and
department head within 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 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 24. 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 -City Travel. If the estimated expense of contemplated travel out of
the City is too great to expect the employee to finance the trip and be reimbursed upon
his return, the City Manager may authorize advance payment of the estimated amount
to the employee.
C. 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 Charges. 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 for conduct of 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.
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2) Telephone and fax charges will be allowed for official calls and
transmissions.
3) Expenses for meals will be reimbursed according to Finance
Administrative Policy No. 4.13.
SECTION 25. EFFECTIVE DATES. This Resolution shall become effective on July
1, 2013 through June 30, 2014 unless otherwise amended.
ADOPTED this 23 day of July, 2013.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. u , City Clerk, Ci 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 23 day of July, 2013 by the following
vote:
AYES:COUNCIL MEMBERS:Alvarez, Whitaker, Murphy, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:Smith
ABSTAIN:COUNCIL MEMBERS:None
Mary E. ity Clerk, Ci of Orange
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EXHIBIT " A "
CITY OF ORANGE
PART -TIME AND SEASONAL EMPLOYEES HOURLY RATES
Effective June 25, 2006
NEW STEP STEP STEP STEP
CLASSIFICATION TITLE Range A B C D
Assistant Pool Manager 347 11.61 12.21 N/A N/A
Engineering Intern 342 11.33 11.91 12.51 N/A
Lifeguard /Swim Instructor 327 10.51 11.05 N/A N/A
Management Intern 325 10.41 10.94 11.49 N/A
Parking Control Officer I 369 12.96 13.62 14.31 15.05
Parks and Facilities Attendant 323 10.30 10.83 11.38 N/A
Parks Maintenance Helper 292 8.83 9.28 9.75 N/A
Police Academy Trainee 485 4006 Monthly
Police Cadet I 286 8.57 9.01 9.46 N/A
Police Cadet II 308 9.56 10.05 10.56 N/A
Police Reserve Officer I 430 17.57 18.47 19.41 N/A
Police Reserve Officer II 390 14.39 15.13 15.89 N/A
Police Reserve Officer III 370 13.03 13.69 14.39 N/A
Pool Manager 367 12.83 13.49 14.18 N/A
Recreation Services Activity Specialist 367 12.83 13.49 14.18 N/A
Recreation Services Leader I 283 8.44 8.87 N/A N/A
Recreation Services Leader II 303 9.32 9.80 N/A N/A
Recreation Services Leader III 323 10.30 10.83 11.38 N/A
School Crossing Guard 298 9.10 9.56 10.04 N/A
School Crossing Guard Supv 338 11.11 11.67 12.27 N/A
Swimming Attendant 277 8.19 8.61 N/A N/A
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