RES-10177 Executive Directors & Top Management ClassificationsRESOLUTION NO. 10177
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RELATING TO THE
CLASSIFICATION, COMPENSATION, AND TERMS
OF EMPLOYMENT OF EXECUTIVE DIRECTORS
AND TOP MANAGEMENT EMPLOYEES, AND
REPEALING RESOLUTION NO. 10064 AND
AMENDMENTS THERETO.
WHEREAS,the employees covered by this resolution constitute management personnel; and
WHEREAS, the City Council has consulted with the City Manager and Personnel Director
concerning the proposed employment terms contained herein; and
WHEREAS, the City Council has determined that this resolution shall set forth the wages,
hours, and conditions of employment for the period of March 1, 2007 through February 29, 2008 for
those management employees covered herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
authorizes staff to adjust the Fiscal Year 2006/07 budget to reflect the changes approved in this
resolution, and that the wages, hours, and conditions of employment for the period of March 1, 2007
through February 29, 2008 be adopted and set forth as follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic
compensation plan for all executive directors and top management employees of the City of Orange who
are now employed, or will in the future be employed in any of the classifications of employment listed
in this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it
shall be understood to include the feminine gender. Whenever the term "department head" is used, it
shall be understood to include the City Manager when the personnel action affects a department head.
SECTION 2. SALARY AND WAGE SCHEDULE. The monthly salazies for employees
covered by this Resolution are hereby incorporated, and listed in Exhibits A and B.
The attached salary and wage schedules shall constitute the basic compensation plan consisting of
six steps or rates of pay in each range.
The City Manager reserves the right to grant an additional salary increase of up to 5.0% for any
classifications described berein in Exhibits A or B effective at any time on or after August 19, 2007.
Any such increases shall not exceed a total cost of 1% of payroll for Top Management employees.
The respective ranges shall be identified by number and the steps by the letters "A" to °F" inclusive.
The minimum length of service required for advancement to the next higher step, is provided in Section
5 and 6.
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SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The
compensation ranges and steps contained in the attached salary schedule are monthly compensation
rates.
For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate
multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be
calculated to the nearest one-half('/z) cent.
Part-time employees who are scheduled to work an average of at least 20 hours per week on a year-
round basis may be considered for advancement to the next higher step upon completion of 2080 hours
of employment.
SECTION 4. BEGINNING RATES. A new employee 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 Personnel Director, such employee may be placed in Step "B° through "F" depending upon the
employee's qualifications.
SECTION 5. SERVICE. The word "service," as used in this Resolution, shall be defined to
mean continuous, full-time service in the 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. Such employee re-entering the service of the
City shall be considered as a new employee, except that he may, at the discretion of the City, 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.
SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall
govern salary advancements within ranges:
A. Merit Advancement. An employee may be considered for advancement through the
applicable salary range upon completion of the minimum length of service. The effective date of such
merit increase, if granted, shall be the first day of the next pay period following the completion of the
length of service required for such advancement. Advancement througb the salary ranges steps "A"
through "F" may be granted only for continuous, meritorious, and efficient service, and continued
improvement by the employee in the effective performance of the duties of his position. Such merit
advancement shall require the following:
1) The department head shall file with the Personnel Director a Personnel Action Form and
a completed performance evaluation recommending the granting or denial of the merit
increase and supporting such recommendation with specific reasons therefore.
Disapproval from the Personnel Director, together with the reasons therefore, shall be
returned to the department head.
2) The recommendation of the department head and the approval of the Personnel Director
shall be forwarded to the Payroll Division of Finance for change of payroll status.
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3) Advancements through the pay ranges Step "A" through Step "F", shall occur, if granted,
in yearly increments.
4) A lapse of service of 30 continuous calendar days or more for any reason shall extend the
due date for the merit performance evaluation by an equal number of days absent.
B. Snecial Merit Advancement. When an employee demonstraYes exceptional ability and
proficiency in the performance of his duties, the department head may recommend to the Personnel
Director that the employee be advanced to a higher pay step without regard to the minimum length of
service requirements contained in this Resolution. The Personnel Director may, on the basis of a
department head's recommendation, approve and effect such an advancement.
C. Length of Service Required When Advancement is Denied. When an employee has not been
approved for advancement to the next higher salary step, he may be reconsidered for such advancement
at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the
same action as provided in Section 6.A. above.
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 Personnel Director. Such reduction shall take place only after
the employee has been notified of the reasons and has had an opportunity to respond. Procedure for
such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and
such employee may be considered for re-advancement under the same provisions as contained in
Subsection C of Section 6.
SECTION 8. SPECIAL ASSIGNMENTS.
A. Telephone/Citv Attornev Assi ngment• Effective July 1, 1996, the employee assigned the
responsibility of maintaining the Citywide telephone system may receive up to $100 per month bonus
based on criteria established by the Personnel Director. In addition, effective July 1, 2005, the
Administrative Secretary assigned to the City Attorney will receive an additional $100 per month bonus
pay, at the discretion of the City Attorney.
B. Bilingual AssiQnment. Employees covered by this Resolution may be assigned by the
department bead, with approval of the Personnel Director, to a bilingual assignment. Employees on
bilingual assignment shall receive an additional $140.00 per month, per employee, in addition to their
regular monthly salary, for the duration of the assignment. Employees receiving Bilingual Assignment
compensation may be required to take and pass a proficiency test on an annual or as needed basis as
determined by the Personnel Services Department.
SECTION 9. INCENTIVE PAY PLAN. The City Manager may, for the employees covered
by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at
his full discretion.
SECTION 10. 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 Personnel 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.
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SECTION 11. DEMOTION. When an employee is demoted to a position in a lower
classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in
accordance with the following provisions:
A. The salary rate shall be reduced by at least one step.
B. The new salary rate must be within the salary range for the classification to which the employee
was demoted.
SECTION 12. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is
employed in a classification which is assigned to a different pay range shall be retained in the same
salary step in the new range as he has previously held in the prior range, and shall retain credit for length
of service in such step toward advancement to the next higher step; provided, however:
A. That if such retention results in the advancement of more than one step, the Personnel
Director may, at his discretion, at the time of reassignment, place the employee in a step which will
resuh in an increase of only one step.
B. That if the reassignment is to a lower compensation range, the "F" step of which is lower than
the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the
existing rate of pay until such time as the position is reassigned to a compensation schedule which will
allow for further salary advancement, or until such time as the employee is promoted to a position
assigned to a higher compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of which is higher
than the existing rate of pay, the employee shall be placed in that step of the lower compensation range
which is equivalent to the existing rate of pay, and shall retain credit for length of service previously
acquired in such step toward advancement to the next higher step. If there is no equivalent step, the
employee shall be placed in the step which is closest to, but not less than, his current salary step.
SECTION 13. AT-WILL STATUS. Department heads and the Assistant City Manager, other
than the City Attomey, serve at the pleasure of the City Manager, and consideration for advancement,
reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager and in
accordance with the Orange Municipal Code. In addition, all employees covered by the Resolution are
employed at-will and serve in accordance with Title 2 of the Orange Municipal Code.
SECTION 14. CITY MANAGER AND CITY ATTORNEY. Except as amended by a written
instrument formally approved by the City Council, the compensation and terms of employment of the
Ciry Manager and City Attorney shall be as set forth herein.
SECTION 15. ADMINISTRATIVE LEAVE. Employees covered by this Resolution are
exempt from Fair Labor Standards Act overtime provisions as executive, administrative, and
professional employees. This Resolution establishes a pay system which provides all covered
employees with sick leave and other leave which covered employees use for purposes of public
accountability. However, the City will provide paid administrative leave as follows:
A. Regular full-time employees identified in Exhibit "A" shall accrue 63 hours of administrative
leave annually for continuous service;
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B. Regular full-time employees identified in Exhibit "B" shall accrue 54 hours of administrative
leave annually for continuous service;
C. Employees hired after January ls` of each year shall receive a prorated portion of the
administrative leave during their first calendar year of employment;
D. The minimum charge to the employee's administrative leave account shall be one-quarter('/<)
hour, while additional actual absence of over one-quarter ('/a) hour shall be charged to the nearest one-
half('/z) hour;
E. Usage of administrative leave shall be at the convenience of the City with the approval of the
respective department head or City Manager;
F. All administrative leave shall be accrued at the beginning of the pay period which includes
January 1 s` of each year; and
G. Administrative leave not used by December 31s` in the calendar year in which it is accrued
shall be forfeited and shall not be paid upon separation of employment with the City.
SECTION 16. HOLIDAYS. Employees covered by this Resolution shall receive the following
paid nine (9)-hour holidays, except as provided in #9:
1) January ls` (New Year's Day)
2) The third Monday in February (PresidenYs Day)
3) Last Monday in May (Memorial Day)
4) July 4`h (Independence Day)
5) First Monday in SepYember(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`h Falls on a Monday through Thursday
Christmas Eve; 4.5 hours)
10)December 25 h (Christmas Day)
A. FloatinQ Holidays. In addition to the above, employees will have credited to their paid leave
balance 22.5 floating holiday hours beginning January ls` of each year. Employees hired after January
ls` of each year shall receive a prorated portion of the 22.5 floating holiday hours during their first
calendar year of employment. All floating holiday hours shall be taken as time off from work no later
than December 31s` of the year in which such hours are earned or otherwise shall be forfeited. The
floating holiday hours shall be taken at tbe convenience of the City with the approval of the City
Manager or the department head. Employees under this section who terminate their employment with
the City prior to using the floating holiday hows shall receive cash reimbursement for all remaining
floating holiday hours.
B. Holidays on Certain Days of the Week. In the event any of the above holidays, except one-
hal£day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date on
which the holiday falls. When any of the above holidays fall on a Saturday, except one-half day before
Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When
any of the above holidays falls on an employee's regularly scheduled day off during the week, except
one-half day before Christmas, employees will be credited with nine (9) hours of holiday compensatory
time. Accumulated holiday compensatory time must be used by the employee by the second (2"d) pay
period ending in January of the year following the year in which it was accumulated.
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C. Elieibility to Receive Holiday PaX In order to be eligible to receive holiday pay, an
employee must have worked, or be deemed to have worked because of a lawful absence, the employee's
regularly scheduled day before and regularly scheduled day after the holiday. Newly hired employees
are provided with and are eligible to use floating holiday and fixed holiday hours, according to the
guidelines established in this Section, and/or with approval of the Personnel Director.
D. Holidays DurinQ Vacation. Should one of the holidays listed above fall during an employee's
vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay
and no charge shall be made against the employee's accumulated vacation.
SECTION 17. VACATIONS.
A. Vacation Accrual. All full time regular employees described herein, who have one year
continuous service shall thereafter accrue paid vacation in accordance with the following schedules.
1) For employees described herein in Exhibit "A", as well as the City Manager, the following
schedule shall apply after one (1) year's continuous service:
Vacation Hours Vacation Hours
Years Per Year Years Per Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5 164 20 224
6 170 21 228
7 172 22 232
8 176 23 236
9 180 24 240
10 184 25 244
11 188 26 248
12 192 27 252
13 196 28 256
14 200 29 260
15 204 30 264
This area left intentionally blanl
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2) For employees described herein in Exhibit "B", the following schedule shall apply afrer one
1) year's continuous service:
After Year(s) Vacation Hours After Year(s) Vacation Hours
of service Per Year of service Per Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
0 164 25 224
ll 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244
B. Vacation Usa¢e and Accumulation. Vacation shall be taken at the convenience of the City
with the approval of the department head. Where possible, such vacation should be taken annually and
not accumulated from year to year. Employees shall not accumulate vacation in excess of the equivalent
number of hours earned in the immediately preceding 24-month period. Employees with less than one
1) year's continuous service shall accrue vacation but may not use vacation until successfixl completion
of one (1) year's continuous service, except in the event of a City Hall holiday closure, with approval of
the Personnel Director. Employees whose accumulated vacation reaches the above-defined limit shall
receive no additional vacation accrual until such time as the accumulated vacation hours fall below the
allowable limit.
C. Vacation Conversion. An employee may convert a maximum of up to 50% of his current
annual vacation accrual into pay in lieu of time off with pay on an annual basis. An employee
requesting such conversion must meet the eligibility requirements as set forth in Section 17 (A)(1)(2)
and may convert twice in a calendar year, within the cap provisions stated above. Any exception to this
provision requires the approval of the Personnel Director.
D. Vacation Payout Uoon 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 one-twelfth (1/12) of the employee's annual vacation pay for
each full month of service.
SECTION 18 PART-TIME TEMPORARY, AND SEASONAL EMPLOYEES
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 year or months per year of work.
1) Reeular part-time emplovees shall be those employees scheduled in the budget to work 20 or
more hours per week on a year-round basis (52 weeks minus approved leave).
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2) Temporary nart-time emplovees shall be those employees scheduled in the budget to work
less than 20 hours per week on a year-round basis (52 weeks minus approved leave).
3) 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.
B. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees
shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the budget
to work to the normal 40-hour week on an annual basis.
The annual schedule for all eligible part-time employees shall be the schedule which is included
in the City's approved budget or a schedule which is designated by Management at the commencement
of the employee's employment with the City. This formula of proration shall apply to holiday pay,
vacation, sick leave, flexible benefit contribution, disabiliry insurance contribution, money purchase
retirement plan, and PERS retirement contribution. Regular part-time employees may receive step
increases provided they have performed 2080 hours of service.
C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided
for in the resolution or in any resolution of the City unless otherwise required by law.
SECTION 19. 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 or benefits. No
such leave will be considered absent a written application from the employee requesting
leave.
2) If the department head and the Personnel Director agree that such leave is merited and in the
interest of the City, leave may be granted for a period not to exceed six (6) months following
the date of expiration of all other allowable leave benefits. The employee shall not be
continued"in service" as that term is defined in this Resolution.
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 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 pavment of the total nremium bv
the emplovee is made through and as prescribed by the Payroll Division of the City. The
City will pay up to six months of the Flexible Benefit Plan contribution for employees who
are on long term disability leave.
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5) At the end of any approved leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel Director at least ten
10) days before the end of the approved leave, 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, the Personnel Director may approve such extension of the leave of absence for a period
up to, but not to exceed, an additional six 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 terxninated.
7) An employee on leave of absence must give the City at least seven days' written notice of his
intent to return to wark 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 Personnel 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.
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/her seniority rights.
11)Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
B. Personal Necessitv Leave. Employees may be allowed up to three (3) working days per
month without pay for personal business with approval of the department head, or in the case of
department heads, the City Manager. Employees shall accrue no employment benefits for any personal
necessity leave in excess of three days per month. Such personal necessity leave shall be without pay
and shall not be accumulated from month to month.
C. Jury Dutv and Services as Witness for Citv. en required to serve on a jury, all employees
shall be provided with paid time off for a period of actual service required on the jury, provided all jury
fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. If
an employee is called as a witness on behalf of the City, he shall receive his normal pay for the time
spent by the employee serving as a witness for the City. An employee shall be required to pay any
witness fees that accrue to the employee for his wimess service to the City as a condition of receiving
his normal pay while serving as a witness for the City. Any exceptions to this provision must meet the
approval of the Personnel Director.
D. Military Leave of Absence. If an employee is required to take military training two weeks or
more each year, he shall be entitled to military leave of absence under the provisions of State law, found
in applicable sections of the Military and Veterans' Code.
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E. Sick Leave. Sick leave with pay shall be allowed, credited, and accumu]ated in accordance
with the following:
1) For employees worldng a regular 40-hour week, eight (8) hours of sick leave will accrue
for each month of continuous service.
2) Sick leave will be charged at the rate of one-quarter ('/<) hour for each one-quarter ('/a)
hour an employee is absent.
3) Any employee eligible for sick leave with pay may use such leave for the following
reasons:
a) Medical and dental office appointments during work hours when authorized by the
department head or his designee; and/or
b) Personal Illness or physical incapacity resulting from causes beyond the employee's
control, including pregnancy, childbirth, and other medically related conditions.
4) Sick Leave Application. Sick leave may be applied only to absence caused by illness or
injury of an employee and may not extend to absence caused by illness or injury of a
member of the employee's family except as provided for in Subsection F below.
5) Sick Leave Charged. 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 (Yo) hour shall be charged to the
nearest one-half(Yz) hour. Sick leave shall oniy 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 and in the complete discretion of the department head,
be required to furnish a certificate issued by a licensed physician or nurse or other
satisfactory written evidence of any subsequent illness.
6) Sick Leave Pavout Pro rgam• Unused sick leave shall be paid off according to the
following:
a) All sick leave accrued prior to January 1, 1992 shall fall under the following payout
formula:
1) Accumulated sick leave balances as of December 31, 1991 shall be set aside in a
designated sick leave account and no further accumulation will be placed in this bank.
This accumulated sick leave will be available for the employee's use according to the
provisions outlined in Section E. (2), (3) and(4).
2) Upon retiring from City service and entering the Public Employees' Retirement
System, an employee shall receive pay for 50% of all accrued sick leave hours.
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3) Upon separation from City service for reasons other than retirement with PERS, 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 and up).
4) Upon the death of an employee while employed by the City, 100% of all accrued sick
leave benefits accrued prior to January 1, 1992 shall be paid to the beneficiary of the
deceased employee. Payment will be made when proper authorization for payment is
received from the estate of the decedent employee.
b) All sick leave accrued after December 31, 1991, shall be placed in a new accrual bank
and have no maximum accrual amount. Any hours accumulated in this bank shall be
eligible for the following payout program:
1) Employees with sick leave usage of OA to 27.0 hours per calendar year will have the
option to convert 40 hours of their unused sick leave to vacation in the first pay
period of the following year.
2) Employees with sick leave usage of 27.5 to 36.0 hours per calendar year may convert
30 hours of unused sick leave to vacation the following year.
3) Employees must have a minimum balance of 180 hours of sick leave, combining both
sick leave banks, available after conversion. In addition, no hours will be converted
to vacation if said conversion places the employee's vacation bank over the
maximum allowable accruaL Conversion of sick leave to vacation shall occur in the
first pay period of January based upon sick leave usage during the previous payroll
calendar year.
4) Any sick leave converted to vacation shall be subject to the provisions described in
Section 17. Vacations. The employee must file a sick ]eave payout designation form
each year, if eligible for the conversion of unused sick leave to vacation. If no
designation form is filed, the hours will automatically remain in the employee's new
sick leave accumulation account. Employees shall still be subject to the maximum
vacation accrual at any given time equivalent to 24 months' worth of accrued hours.
Any request to convert which exceeds the maximum vacation accrual allotted shall
not be converted to vacation, and shall remain in the employee's sick leave bank.
5) Upon retirement from employment with the City and entering the Public Employees'
Retirement System, an employee with a minimum of five (5) years of continuous
service to the City shall receive pay for 50% of all unused sick leave hours.
6) Upon separation of employment from the City for any reason, other than retirement
as noted in the preceding paragraph, for sick leave hours accumulated after December
31, 1991, an employee shall receive no pay for the first 100 hours (0 to 100 hours) of
accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 to
200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 to
352 hours).
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7) Upon the death of an employee while employed by the City, 100% of a11 accrued sick
leave benefits up to 352 hours shall be paid to the beneficiary of the deceased
employee. Payment will be made when proper authorization for payment is received
from the estate of the decedent employee.
8) Employees promoted to top management shall have all their sick leave hours placed
into the new sick leave accrual bank.
F. Familv Leave. An employee is allowed up to forty eight (48) hours of family leave per
calendar year for family illness which shall be charged against the employee's accumulated sick leave.
G. Bereavement Leave. Regular full-time 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 of 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, or sister 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.
H. Industrial Leave for Safetv Emplovees. For the classifications of Police Chief and Fire
Chief, industrial leave shall be granted in accordance with Labor Code Section 4850 as it now exists or
hereinafter may be amended.
L Industrial Leave for Non-Safetv Emnlovees. For the remaining classifications described in
Exhibit"A" and Exhibit "B" herein, industrial leave shall be granted as follows:
1) A regular employee who is temporarily or permanently disabled as a result of injury or
illness determined to be compensable under the Workers' Compensation Act shall be
granted industrial leave on the following terms and conditions:
a) An employee granted industrial leave shall continue to be compensated at his regular
rate of pay in lieu of temporary disability payments.
b) Any temporary disability payments made to an employee by the Workers'
Compensation Administrator fund shall be remitted to the Finance Department.
2) Should it be determined that an employee's illness or injury did not arise in the course of
the employee's employment with the City and that the employee is not temporarily or
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permanently incapacitated or disabled, as a result of an industrial injury or illness, then
the employee's accrued, or if insufficient, future sick leave shall be charged to reimburse
the City for any payments made to the employee pursuant to (1) above.
3) An industrial leave of up to one year shall be authorized for each injury or illness
determined to be compensable under the Workers' Compensation Act.
4) No employee shall have accrued sick leave deducted while on industrial leave. Vacation
and sick leave shall accrue for an employee on industrial leave.
5) Industrial leave shall expire when the first of any of the following conditions occur:
a) The employee is able to return to wark and assume the duties of his regular position.
b) The employee is able to return to work to anoYher position designated by the City.
c) The day before the employee is retired or separated for disability. The employee's
retirement date" shall be determined by the Public Employees' Retirement System.
d) After 52 weeks of industrial leave.
6) Employees who have not previously submitted notification of Election of Personal
Physician are required to use only physicians and medical facilities approved by the City
during the first 30 days after an occupational injury or illness is reported. After the first
30 day period, an employee may change to a physician specified by him or her provided
the physician has the expertise to treat the injury or illness and agrees to provide the
timely reports to the City. However, if an employee has notified the City in writing, prior
to the date of injury, that he has a personal physician, the employee shall have the right to
be treated by such physician from the date of injury providing that:
a) The physician has previously directed the medical treatment of the employee.
b) The physician retains the medical records and history of the employee.
An employee may request one change of physician during the first 30 days after the
injury or illness is reported.
J. Familv Care and Medical Leave (FCML). State and Federal laws require the City to
provide family and medical care leave for eligible employees. The following provisions set forth
employees' and employer's rights and obligations with respect to such leave. Rights and obligations
which are not specifically set forth below are set forth in the 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 Personnel Director.
13
1) Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave
during any 12-month period. An employee's entitlement to leave for the birth or
placement of a child for adoption or foster care expires 12 months after the birth or
placement.
The 12-month period for calculating leave entitlement will be a "rolling period"
measured backward from the date leave is taken and continues with each additional
leave day taken. Thus, whenever an employee requests ]eave, the City will look back
over the previous 12-month period to determine how much leave has been used in
determining how much leave a member is entitled to.
2) Use of Other Accrued Leaves While on Leave. If an employee requests leave for any
reason permitted under the law, he/she must exhaust all accrued leaves (except sick
leave) in connection with the leave. This includes vacation, holiday, and other
compensatory accruals. If an employee requests leave for his/her own serious health
condition, in addition to exhausting accrued leave, the employee must also exhaust sick
leave. The exhaustion of accrued leave will run concurrently with the Family Care and
Medical Leave.
3) Required Forms. Employees must fill out required forms, available in the Personnel
Department, including: Request for Family or Medical Leave; Medical Certification;
Authorization for Payroll Deductions for benefit plan coverages (if applicable); and
Fitness-for-Duty to return from leave.
SECTION 20. HEALTH INSURANCE.
The City shall contract with the Public Employees' Retirement System (PERS) to make available
those health insurance benefits provided under the Public Employees' Medical and Hospital Insurance
Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other benefits program
maintained by the City for eligible employees, eligible retirees, and their eligible surviving annuitants.
A. The City shall contribute toward the payment of premiums under the PERS Health Benefits
Plan to each eligible retiree annuitant of PERS to the extent required by law, a contribution of$80.80
per month. Effective January 1, 2008 this $80.80 contribution shall be increased to $97.00 per month.
B. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan for
active full-time and part-time eligible employees and pay the following monthly amounts to provide
funds for optional dental plans, vision plans, health plans, or miscellaneous pay:
Monthlv Contributions
ParticipatinQ Emplovee Classifications Effective March 1, 2007
City Manager 1,400.00
Executive Management Team(as listed in Exhibit "A") 1,400.00
Senior Management Team(as listed in E ibit "B") 1,025.00
The members of the City Council sball receive the same benefits noted under flexible benefits plan
as provided to employees noted as "Executive Management Team" above. The City Treasurer shall
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receive the same benefits under flexible benefits plan as provided to employees noted as "Senior
Management Team" above.
C. Any amounts in excess of the amount designated in Section 20.B necessary to maintain
benefits under any benefits plan selected by the employee shall be borne by the employee.
D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled in
the City or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled
without being covered as a family member. Additionally, an employee may choose not to be enrolled in
the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employee
must provide proof, as determined by the Personnel Director, that comparable medical insurance is in
full force and effect. Based on determination that insurance is in full farce and effect, eligible
employees shall receive the amount designated in Section 20.B towards the Flexible Benefits Plan. In
the event the employee loses eligibility (with documentation) the employee may enroll in the PERS
Health Benefits Plan pursuant to their rules and regulations.
SECTION 21. OTHER INSURANCES.
A. Life Insurance.
1) For employees described herein in Exhibit "A" the City shall contribute the full premium
towards a $150,000 life insurance benefit.
2) For employees described herein in Exhibit "B° the City shall contribute the full premium
towards a $75,000 life insurance benefit.
B. Disabilitv Insurance. The City shall provide a long term disability plan with a long term
disability benefit of two-thirds of salary, after a 60-day elimination period, to a maximum of$8,000
per month for employees described herein in Exhibit "A", and a maximum of$6,000 per month for
employees described herein in Exhibit`B."
C. Medicare Insurance. The City shall pay for the employee's portion of the contribution (1.45%)
for Medicare coverage for all employees hired since the effective date in April, 1986.
SECTION 22. RETIREMENT.
A. Public Emplovees' Retirement Svstem (PERS).
1) Member Contribution. The City agrees to pay 8% of the employees base salary (9% for
safety) to the Public Employees' Retirement System including the full contribution for the
Third Level Survivors Benefit.
2) Miscellaneous PERS Formula. Effective June 29, 2003, the City shall provide the PERS
2.7% @ age 55 Retirement Program. Effective June 27, 2004, employees shall contribute
2.64% of salary, on a pre-tax basis, toward the City's PERS Employer Contribution Rate to
offset some of the costs of the PERS 2.7% @ 55 Retirement Program. The City shall pay all
remaining costs toward the retirement program for employees covered herein.
15
3) Safetv PERS Formula. Effective May 20, 2001, the City shall contract with PERS to provide
the safety employees covered under this Resolution with the 3% @ age 50 retirement
formula, as set forth in Section 21362.2 of the California Government Code. The City shall
pay the full cost for the 3% @ 50 benefit program for safety employees covered by this
Resolution.
4) PBRS on PERS. EfFective June 29, 2003, pursuant to Government Code Section 20636(c),
the City agrees to pay and report the value of employer paid member contributions (EPMC)
to Ca1PERS as additional compensation for all employees covered by this Resolution. This
benefit shall consist of paying 8% of the normal contributions as EPMC for miscellaneous
employees (9% for sworn employees), and reporting this 8% (or 9%) as compensation
earnable (excluding Government Code Section 20636 (c)(4) as additional compensation).
B. Monev Purchase Retirement Plan. The City shall provide a Money Purchase Retirement Plan for
employees covered by this resolution. The City shall contribute an amount equal to three percent (3%)
of the employees' base salary as shown in Exhibit "A" and Exhibit "B" toward an IRS Section 401(a)
account. In lieu of this City provided benefit, the employee may elect to have added to his base salary
an additional three percent (3%), however this 3% is not reported to PERS as pensionable
compensation. This election can be made only upon initial emp]oyment and is irrevocable.
C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a
Retirement Health Savings Plan for employees covered by this Resolution. Each employee may
voluntarily participate in the plan by making a one-time inevocable election to participate during the
specific annual election period identified in the plan documents. The plan would allow employees to
make the following tax-deferred contributions to the plan:
1) The cash value of the employee's unused floating holiday and administrative leave balances at
tbe end of each calendar year(mandatory for all participants).
Participation and contributions must be made in accordance with the requirements specifically
delineated in the plan documents as adopted by Resolution No. 9660 and all contributions to the plan
will be at no additional cost to the City. Each employee who participates in the Retirement Health
Savings Plan recognizes that should any tax liability arise out of such participation such liability shall be
the responsibility of the participating employee.
SECTION 23. OTHER FRINGE BENEFITS.
A. Medical Maintenance Examination Pro ream• An annual medical examination shall be provided
for all employees listed in Exhibits "A" and "B". The content and extent of the examination of each
individual shall be determined by the physician in charge and shall be tailored to the individuaPs
particular needs. A profile of the examination shall be maintained. Each employee may choose to have
said examination performed by the physician of his choice or the City's designated medical provider.
Employees in Exhibits "A" and "B" will be reimbursed per fiscal year, upon submitting proof of such
examination, the following amounts toward the cost of an annual physical examination:
Executive Directors: 850.00
Top Management Employees: 550.00
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Employees may receive up to $495 per fiscal yeaz (of the $850 listed above for Executive Directors)
and $395 per fiscal year (of the $550 listed above for Top Management Employees) towards
reimbursement for items 1 and/or 2 below. Requests other than annual physicals must be approved, prior
to purchase or participation, by the Personnel Director.
1) Membership in a health/fitness club.
2) Participation in a weight loss/stop smoking/wellness/fitness program.
The City will not reimburse employees for any of the above listed activities for family/dependent
health related expenses.
B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbooks,
parking fees, and health fees required for approved community college and college courses, as well as
job-required licensing, testing, renewal, and registration fees. An approved course is one designated to
directly improve the knowledge of the employee relative to his specific job, and must be approved by
the department head and the Personnel Director prior to registration. Full reimbursement up to the
amount specified below will be provided based upon completion of the approved course(s) with a final
grade of"C" or better.
Educational assistance payments to an employee shall not exceed $1,500.00 in any one fiscal year
and he must still be employed by the City when the course is completed.
The City agrees to allow reimbursement to Executive Directors up to $1,000, and Top Management
employees up to $800 of the $1,500 allotted per fiscal year for activities which aid in their professional
development. Reimbursable activities include the following:
1) Attendance at job-related professional conferences and seminars;
2) Payment of inembership dues in community and professional organizations; and
3) Purchase of job-related professional journals, books, and other written materials which further
their knowledge and improve their effectiveness in their duties.
Participation and/or purchase must be approved in advance by the department head and the
Personnel Director.
The above reimbursable activities are made to recognize and encourage staff to pursue
educational and public relations oriented activities beyond those normally budgeted for them by their
departments and in which they are directed to participate. Approved activities are those which may be
expected to further their knowledge of their jobs and the Orange community and which contribute to
their improved effectiveness.
Individual departments may continue to budget funds for staff attendance at professional
conferences and seminars, for payment of professional membership dues, and for the purchase of books,
journals, and related written materials which enhance the staffs knowledge.
C Uniforms. The City shall purchase uniforxns for all regular uniformed members of the Police
Department and the Fire Department.
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D. Rideshare Incentive Pro r am• An employee may receive $30 per month and eight (8) hours
compensatory time every six (6) months for carpooling, using public transportation, biking, walking
carpooling or other approved modes of transportation to and from the work-site. To qualify for these
incentives, an employee must use one of the above forms of transportation 70% of his commuting time.
SECTION 24. TRAVEL EXPENSE ALLOWED.
A. Mileaee Reimbursement. Expense claims for the use of private automobiles must be
authorized by the department head, and submitted to the Accounts Payable division of the Finance
Department for reimbursement. Such use, where mileage is reimbursed, 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 of the travel expense to the employee.
C. Tourist-Class airplane passage will be considered standard for out-of-town travel.
D. Use of personal cars for out-of-City trips, within the State, may be approved by the 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 expenses as long as the expenses do not
exceed the amount of the cost of the commercial transportation.
E. Transportation and Expense Char¢es. Expenses for air, rail, or public transportation will be
allowed whenever such transportation is necessary for conduct of City business. In addition, the
following expenses and charges will be allowed, whenever necessary, for the conduct of City
business.
1) Expenses will be allowed for adequate lodging. Hotel accommodations shall be
appropriate to the purpose of the trip and must be approved by the department head.
2) Telephone and telegraph charges will be allowed for official calls and telegrams.
3) Expenses for meals will be reimbursed according to Administrative Policy Number 4.13.
SECTION 25. GRIEVANCES. Any employee covered by this Resolution who wishes to file a
grievance should follow the procedures outlined in the City's Employee Handbook.
SECTION 26. EFFECTIVE DATES. This Resolution and attachments hereto shall be
effective as of March 1, 2007 and shall continue in full force and effect until February 29, 2008 unless
otherwise amended.
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ADOPTED this 27`" day of March, 2007.
Ca olyn C che ayor, Cit of Orange
ATTEST:
f//
j(/'
IL:'
C1l _ / ,l. L.LL_ ,
Mary E. u ,City C er, Ci o ange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby cerCify 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 tbe 27 h day of Marcb, 2007 by the following vote:
AYES: COiJNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
C_ . i ._._ _
Mary E•gy, City Gie k, of Orange
19
EXHIBIT "A"
CITY OF ORANGE
EXECUTIVE MANAGEMENT TEAM
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 18,2007
Five Percent(5.0%) Across-the-Board Increase
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Assistant City Manager 689 11082 11648 12240 12866 13522 14211
Chief Clerk* 596 6969 7325 7697 8091 8504 8937
Ciry Attorney 712 12429 13064 13728 14430 15166 15939
Communiry Development Director 666 9881 ]0386 10914 11471 12057 12671
Community Services Director 661 9638 10130 10645 11189 11760 12359
Economic Development Director 661 9638 10130 10645 11 189 11760 12359
Finance Director 661 9638 10130 10645 1 1189 11760 12359
Fire Chief 687 10972 11533 12119 12738 13388 14070
Library Services Director 647 8988 9447 9927 10434 10967 11525
Personnel/Employee Relatio s Director 661 9638 10130 10645 11189 11760 12359
Police Chief 689 ]1082 11648 12240 12866 13522 14211
Public W orks Director/City Engineer 678 10490 1]027 11587 12179 12800 13452
Additianal compensation for elective offcce not inc[uded in the Listed salary.
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EXHIBIT "B"
CITY OF ORANGE
SENIOR MANAGEMENT TEAM
MONTHLY SALARY RANGES
EFFECTNE FEBRUARY 18,2007
Five percent(5.0%) Across-the-Board Salary Increase
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Accounting Manager 576 6308 6629 6967 7323 7696 8089
Administrative Analyst I 506 4449 4676 4914 5165 5428 5705
Administrative Analyst II 526 4916 5166 5430 5707 5998 6303
Administrative Secretary 473 3774 3966 4168 4381 4604 4839
Assistant City Attorney I 632 8340 8766 9211 9682 10176 10694
Assistant City Attorney II 642 8766 9214 9683 10177 10697 I 1241
Assistant Ciry Engineer 627 8134 8550 8985 9443 9926 10431
AssistantFinanceDirecWr 618 7777 8175 8590 9029 9490 9973
Assistant Planning Director 640 8679 9123 9586 10076 10590 ll 130
Assistant to City Manager 563 5912 6213 6530 6863 7213 7581
Business&Public Affairs Manager 576 6308 6629 6967 7323 7696 8089
Chief Building Official 627 8134 8550 8985 9443 9926 10431
Community Services Manager 618 7777 8175 8590 9029 9490 9973
Crime Analyst 524 4867 5115 5376 5650 5938 6241
Deputy City Clerk 528 4965 5218 5484 5764 6058 6367
Economic Development Project Mgr 576 6308 6629 6967 7323 7696 8089
Emergency Medical Services Manager 591 6797 7145 7508 7891 8294 8717
Employee Benefits Analyst 519 4747 4989 5243 SS ll 5792 6087
Equipment Maint. Superintendent 579 6403 6729 7073 7433 7812 8211
Executive Secretary 509 4516 4746 4988 5243 5510 5791
Field Maintenance Superintendent 579 6403 6729 7073 7433 7812 82ll
Finance Supervisor 538 5219 5485 5765 6059 6368 6692
Housing Manager 576 6308 6629 6967 7323 7696 8089
InternalAuditManager 576 6308 6629 6967 7323 7696 8089
InvestmenURevenue Officer 546 5431 5708 5999 6305 6627 6965
Library Services Manager 576 6308 6629 6967 7323 7696 8089
Manager of Trans Svcs/City Traffic Eng 627 8134 8550 8985 9443 9926 10431
Pa ks Superintendent 579 6403 6729 7073 7433 7812 821 I
Personnel Analyst I 511 4561 4794 5038 5295 5565 5849
Personnel Analyst II 538 5219 5485 5765 6059 6368 6692
Personnel Services Manager 604 7253 7624 8011 8420 8850 9301
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NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Planning Manager 627 8134 8550 8985 9443 9926 10431
Police Communications Manager 571 6152 6466 6796 7142 7507 7890
Principal Civil Engineer 607 7362 7739 8132 8547 8983 9441
Principal Financial Analyst* 566 6001 6307 6629 6967 7322 7695
Purchasing Officer 576 6308 6629 6967 7323 7696 8089
Recreation Superintendent 579 6403 6729 7073 7433 7812 8211
Risk Management Analyst 509 4516 4746 4988 5243 5510 5791
Risk Manager 611 7510 7894 8295 8719 9164 9631
Senior Administrative Analyst 556 5709 6000 6306 6628 6966 7321
Senior Assistant to the City Manager 618 7777 8175 8590 9029 9490 9973
Senior Econ Development Project Mgr 602 7181 7548 7931 8336 8762 9208
Senior Housing Manager 602 7181 7548 7931 8336 8762 9208
Senior Librarian 545 5404 5680 5969 6274 6594 6930
Senior Personnel Anatyst 568 6061 6370 6695 7036 7395 7772
Street Maintenance Division Manager 627 8134 8550 8985 9443 9926 10431
Water Manager 627 8134 8550 8985 9443 9926 10431
New position litle pending City Council approval ofFY 2007/OSBudget.
22