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RES-10064 Executive Directors & Top Management Employees Classification CompensationRESOLUTION NO. 10064 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. 9954 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 Direct( concerning the proposed employment terms contained herein; and WHEREAS, the City Council has determined that this resolution shall set forth the wage hours, and conditions of employment for the period of March 1, 2006 through February 28, 2007 f( those management employees covered herein; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oran~ authorizes staff to adjust the Fiscal Year 2005/06 budget to reflect the changes approved in th resolution, and that the wages, hours, and conditions of employment for the period of March 1, 20C through February 28,2007 be adopted and set forth as follows: SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a bas compensation plan for all executive directors and top management employees of the City of Orange Wf are now employed, or will in the future be employed in any of the classifications of employment listed i this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it sha be understood to include the feminine gender. Whenever the term "department head" is used, it shall t understood to include the City Manager when the personnel action affects a department head. SECTION 2. SALARY AND WAGE SCHEDULE. The monthly salaries for employe( 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 ( 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 ar classifications described herein in Exhibits "A" or "B" effective at any time on or after August 20, 2001 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" inclusiv, The minimum length of service required for advancement to the next higher step, is provided in Sectic 5 and 6. SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. n compensation ranges and steps contained in the attached salary schedule are monthly compensatic rates. 1 For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 armual hours. In determining the hourly rate, compensation shall be alcu1ated to the nearest one-half (Yz) 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 Jf 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 mployee' 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 highel lassification, or service in a classification allocated to the same salary range and having generall)similar duties and requirements. A lapse of service by any employee for a period of time longer than 3C days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time Jf such employee for the purpose of this Resolution. Such employee re-entering the service of the Cit)shall be considered as a new employee, except that he may, at the discretion ofthe City, be re-employed within one year and placed in the same salary step in the appropriate compensation range as he was al 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 suer 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 through the salary ranges steps "A'through "F" may be granted only for continuous, meritorious, and efficient service, and continuec improvement by the employee in the effective performance of the duties of his position. Such meril advancement shall require the following:1) The department head shall file with the Personnel Director a Personnel Action Form anc a completed performance evaluation recommending the granting or denial of the meri increase and supporting such recommendation with specific reasons therefore Disapproval from the Personnel Director, together with the reasons therefore, shall b( returned to the department head.2) The recommendation of the department head and the approval of the Personnel Directo shall be forwarded to the Payroll Division of Finance for change of payroll status.3) Advancements through the pay ranges Step "A" through Step " F", shall occur, if 4) A lapse of service of 30 continuous calendar days or more for any reason shall extend tI due date for the merit performance evaluation by an equal number of days absent. B. Special Merit Advancement. When an employee demonstrates exceptional ability ar proficiency in the performance of his duties, the department head may recommend to the Personn Director that the employee be advanced to a higher pay step without regard to the minimum length, service requirements contained in this Resolution. The Personnel Director may, on the basis of department head's recommendation, approve and effect such an advancement. C. Length of Service Required When Advancement is Denied. When an employee has not bee approved for advancement to the next higher salary step, he may be reconsidered for such advancemel at any subsequent time. This reconsideration shall follow the same steps and shall be subj ect to the san action as provided in Section 6.A. above. SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on salary step higher than Step "A" may be reduced by one or more steps upon the recommendation oftl department head with the approval of the Personnel Director. Such reduction shall take place only aft, the employee has been notified of the reasons and has had an opportunity to respond. Procedure for sue reduction shall follow the same procedure as outlined for merit advancements in Section 6, and sue employee may be considered for re-advancement under the same provisions as contained in Subsectic C of Section 6.SECTION 8. SPECIAL ASSIGNMENTS.A. Telephone/Citv Council Assignment. Effective July 1, 1996, the employee assigned tr responsibility of maintaining the Citywide telephone system may receive up to $100 per month bom based on criteria established by the Personnel Director. In addition, the Administrative Secretal assigned to the Mayor and City Council will receive an additional $150 per month bonus pa:Furthermore, effective July 1, 2005, the Administrative Secretary assigned to the City Attorney wi receive an additional $100 per month bonus pay, at the discretion of the City Attorney.B. Bilingual Assignment. Employees covered by this Resolution may be assigned by th department head, with approval of the Personnel Director, to a bilingual assignment. Employees 0 bilingual assignment shall receive an additional $140.00 per month, per employee, in addition to the regular monthly salary, for the duration of the assignment. Employees receiving Bilingual Assignmel compensation may be required to take and pass a proficiency test on an armual or as needed basis a determined by the Personnel Services Department.SECTION 9. INCENTIVE PAY PLAN. The City Manager may, for the employees covere by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at hi full discretion.SECTION 10. PROMOTION. When an employee is promoted to a position in a highe classification, he may be assigned to the step in the new salary range which provides for at least a fiv percent (5%) increase. With the approval of the department head and Personnel Director, the employe may be placed in the step in the new salary range as will grant him an increase of at least one, but ne more than three salary steps. SECTION 11. DEMOTION. When an employee is demoted to a positIOn in a lower lassification, his salary rate shall be fixed in the appropriate salary range for the lower classification in Iccordance 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 vas demoted. SECTION 12. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is lmployed in a classification which is assigned to a different pay range shall be retained in the same alary step in the new range as he has previously held in the prior range, and shall retain credit for length f 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 esult 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 fOJ further salary advancement, or until such time as the employee is promoted to a position assigned to a l1igher compensation range. C. That if the reassignment is to a lower compensation range, the "F" step of which is highel 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 previousl) 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, othel than the City Attorney, 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 ir accordance with the Orange Municipal Code. In addition, all employees covered by the Resolution art 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 writtel instrument formally approved by the City Council, the compensation and terms of employment of th,City Manager and City Attorney shall be as set forth herein.SECTION 15. ADMINISTRATIVE LEAVE. Employees covered by this Resolution ar'exempt from Fair Labor Standards Act overtime provisions as executive, administrative, an,professional employees. This Resolution establishes a pay system which provides all covered employee with sick leave and other leave which covered employees use for pmposes of public accountabilit)However, the City will provide paid administrative leave as follows:A. Regular full-time employees identified in Exhibit "A" shall accrue 63 hours of administrativ,leave armually for B. Regular full-time employees identified in Exhibit "B" shall accrue 54 hours of administrati'leave annually for continuous service;C. Employees hired after January l5t of each year shall receive a prorated portion of tI 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 (Y4) hour shall be charged to the nearest on half (Yz) hour;E. Usage of administrative leave shall be at the convenience of the City with the approval of tI respective department head or City Manager;F. All administrative leave shall be accrued at the beginning of the pay period which includ,January 1 st of each year; and G. Administrative leave not used by December 31 st in the calendar year in which it is accrue 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 followin paid nine (9)-hour holidays, except as provided in #9:1) January 1st (New Year's Day)2) The third Monday in February ( President's Day)3) Last Monday in May (Memorial Day)4) July 4th (Independence Day)5) First Monday in September (Labor Day)6) November 11th ( 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 24th Falls on a Monday throughThursda Christmas Eve; 4.5 hours)10) December 25th (Christmas Day)A. Floating Holidavs. In addition to the above, employees will have credited to their paid leav balance 22.5 floating holiday hours beginning January 1 st of each year. Employees hired after January 1 of each year shall receive a prorated portion of the 22.5 floating holiday hours during their first calenda year of employment. All floating holiday hours shall be taken as time off from work no later tha December 31 st of the year in which such hours are earned or otherwise shall be forfeited. The floatin 110liday hours shall be taken at the convenience of the City with the approval of the City Manager or th department head. Employees under this section who terminate their employment with the City prior t,using the floating holiday hours shall receive cash reimbursement for all remaining floating holida 110urs.B. Holidavs on Certain Davs of the Week. In the event any of the above holidays, except one l1alf day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date 01 which the holiday falls. When any of the above holidays fall on a Saturday, except one-half day befor,hristmas, the preceding Friday will be taken in lieu of the actual date OIl which the holiday falls. Whel my of the above holidays falls on an employee's regularly scheduled day off during the week, excep Ile-half day before Christmas, employees will be credited with nine (9) hours of holiday compensator:ime. Accumulated holiday compensatory time must be used by the employee by the end of the calenda year C. Eligibilitv to Receive Holidav Pav. In order to be eligible to receive holiday pay, an mp10yee must have worked, or be deemed to have worked because of a lawful absence, the employee's egularly scheduled day before and regularly scheduled day after the holiday. Newly hired employees Ire provided with and are eligible to use floating holiday and fixed holiday hours, according to the uidelines established in this Section, and/or with approval of the Personnel Director. D. Holidavs During 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 md 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 yea! ontinuous 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: Years 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Vacation Hours Per Year 144 149 154 159 164 170 172 176 180 184 188 192 196 200 204 Years 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Vacation Hours Per Year 208 212 216 220 224 228 232 236 240 244 248 252 256 260 264 This area left intentionally blank. 6 2) For employees described herein in Exhibit "B", the following schedule shall apply after OJ 1) year's continuous service: After Y ear( s) Vacation Hours After Y ear( 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 10 164 25 224 11 168 26 228 12 172 27 232 13 176 28 236 14 180 29 240 15 184 30 244 B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the Cil with the approval of the department head. Where possible, such vacation should be taken armually an not accumulated from year to year. Employees shall not accumulate vacation in excess of the equivalel number of hours earned in the immediately preceding 24-month period. Employees with less than on 1) year's continuous service shall accrue vacation but may not use vacation until successful completio of one (1) year's continuous service, except in the event of a City Hall holiday closure, with approval (the Personnel Director. Employees whose accumulated vacation reaches the above-defined limit sha receive no additional vacation accrual until such time as the accumulated vacation hours fall below th allowable limit.c. Vacation Conversion. An employee may convert a maximum of up to 50% of his currer annual vacation accrual into pay in lieu oftime off with pay on an armual basis. An employee requestin such conversion must meet the eligibility requirements as set forth in Section 17 (A)(1 )(2) and ma convert twice in a calendar year, within the cap provisions stated above. Any exception to this provisio requires the approval ofthe Personnel Director.D. Vacation Pavout Upon Termination. Employees who terminate their employment with th City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrua Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's armual vacation pay fo each full month of service.SECTION 18. PART-TIME. TEMPORARY. AND SEASONAL EMPLOYEE: ELIGIBILITY FOR FRINGE BENEFITS.A. Definitions. Nothing contained herein shall guarantee to any employee a specified number 0 110urs per day or days per week or weeks per year or months per 1) Regular 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).2) Temporarv part-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 emplovees 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 armual 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, disability insurance contribution, money purchas(retirement plan, and PERS retirement contribution. Regular part-time employees may receive steI increases provided they have performed 2080 hours of service.C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided fOJ 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 Pav. For all regular employees as described herein, the followinl Leave Without Pay procedure shall apply:1) After all available leave benefits, including vacation, compensatory time, sick leave, an,other leave benefits have been completely used, a regular employee, not under suspension may make written application to the department head for leave without payor benefits. N,such leave will be considered absent a written application from the employee requestinJ leave.2) If the department head and the Personnel Director agree that such leave is merited and in th interest of the City, leave may be granted for a period not to exceed six (6) months followin;the date of expiration of all other allowable leave benefits. The employee shall not b continued "in service" as that term is defined in this Resolution.3) No employment or fringe benefits such as sick leave, vacation, health insurance, retiremen or any other benefits shall accrue to any employee on leave of absence without pay except a denoted under the FCML section below. During such leave in excess of five working day~no seniority shall be accumulated.4) Subject to and consistent with the conditions of the group health, life or disability pIal coverage may be continued during a leave, provided direct payment of the total premium b the emplovee is made through and as prescribed by the Payroll Division of the City. The Cil will pay up to six months of the Flexible Benefit Plan contribution for 5) At the end of any approved leave, if the employee desires additional leave, writt, application must be made through the department head to the Personnel Director at least t, 10) days before the end of the approved leave, stating the reasons why the additional leave required and why it would be in the best interests of the City to grant such leave of absenc If such additional leave is merited and would still preserve the best interests of the City, tI Personnel Director may approve such extension of the leave of absence for a period up to, b 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 I extension of leave of absence, the City shall consider that the employee has abandoned h 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 ofh intent to return to work prior to returning to work. 8) Any employee who engages in outside employment during said leave of absence withol prior notification and approval of the Personnel Director and department head may be subje, to termination. 9) Any employee who falsifies the reason for the request for said leave of absence may t terminated. 10) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medicall 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 t maintained for distribution in the Personnel Services Department. B. Personal Necessitv Leave. Employees may be allowed up to three (3) working days pI month without pay for personal business with approval of the department head, or in the case ( department heads, the City Manager. Employees shall accrue no employment benefits for any person: necessity leave in excess of three days per month. Such personal necessity leave shall be without pa and shall not be accumulated from month to month. C. Jurv Dutv and Services as Witness for Citv. When required to serve on a jury, all employee shall be provided with paid time off for a period of actual service required on the jury, provided all jur fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. I an employee is called as a witness on behalf of the City, he shall receive his normal pay for the tim spent by the employee serving as a witness for the City. An employee shall be required to pay an witness fees that accrue to the employee for his witness service to the City as a condition ofreceiving hi normal pay while serving as a witness for the City. Any exceptions to this provision must meet th approval ofthe Personnel Director. D. Military Leave of Absence. If an employee is required to take military training two weeks 0 more each year, he shall be entitled to military leave of absence under the provisions of State law, foun in applicable sections of the Military and Veterans' Code. 9 E. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance vith the following: 1) For employees working a regular 40-hour week, eight (8) hours of sick leave will accrue for each month of continuous service.2) Sick leave will be charged at the rate of one-quarter (Y4) hour for each one-quarter (Y4)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 OJ injury of an employee and may not extend to absence caused by illness or injury of ,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, tht minimum charged to the employee's sick leave account shall be one-quarter (Y4) hour while additional actual absence of over one-quarter (Y4) hour shall be charged to tht nearest one-half (Yz) hour. Sick leave shall only be used for the purposes stated and tht department head shall be responsible for control of employee abuse of the sick leavt 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 othe satisfactory written evidence of any subsequent illness.6) Sick Leave Pavout Program. Unused sick leave shall be paid off according to th,following:a) All sick leave accrued prior to January 1, 1992 shall fall under the following payou formula:1) Accumulated sick leave balances as of December 31, 1991 shall be set aside in designated sick leave account and no further accumulation will be placed in this banli This accumulated sick leave will be available for the employee's use according to th provisions outlined in Section E. (2), (3) and (4).2) Upon retiring from City service and entering the Public Employees' Retiremer System, an employee shall receive pay for 50% of 3) Upon separation from City service for reasons other than retirement with PERS, : employee shall receive no pay for the first 60 days of accrued sick leave (0 to 4~ hours), but shall receive 25% pay for the first 30 days of accrued sick leave after t1 first 60 days of accrued sick leave (481 to 720 hours), and 50% of all accrued sit leave thereafter (721 hours and up). 4) Upon the death of an employee while employed by the City, 100% of all accrued sic leave benefits accrued prior to January 1,1992 shall be paid to the beneficiary oft! deceased employee. Payment will be made when proper authorization for payment received from the estate ofthe decedent employee. b) All sick leave accrued after December 31, 1991, shall be placed in a new accrual bar and have no maximum accrual amount. Any hours accumulated in this bank shall t eligible for the following payout program: 1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have tl option to convert up to 40 hours of their unused sick leave to vacation in the first p, period of the following year. 2) Employees with sick leave usage of 27.5 to 36.0 hours per calendar year may conve up to 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 bot sick leave banks, available after conversion. In addition, no hours will be converte to vacation if said conversion places the employee's vacation bank over the maximUl allowable accrual. Conversion of sick leave to vacation shall occur in the first pa period of January based upon sick leave usage during the previous payroll calend: year. 4) Any sick leave converted to vacation shall be subject to the provisions described i Section 17. Vacations. The employee must file a sick leave payout designation forr each year, if eligible for the conversion of unused sick leave to vacation. If n designation form is filed, the hours will automatically remain in the employee's ne1 sick leave accumulation account. Employees shall still be subject to the maximur vacation accrual at any given time equivalent to 24 months' worth of accrued hour~ Any request to convert which exceeds the maximum vacation accrual allotted sha 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 continuou 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 a noted in the preceding paragraph, for sick leave hours accumulated after Decembe 31,1991, an employee shall receive no pay for the first 100 hours (0 to 100 hours) 0 accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 t, 200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 t. 352 hours). 11 7) Upon the death of an employee while employed by the City, 100% of all 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 alendar 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 Jf 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 membel 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 pel incident and shall not be deducted from the employee's accumulated sick leave. Ar employee on bereavement leave shall inform his immediate supervisor of the fact and th(reasons therefore as soon as possible. Failure to inform his immediate supervisor, within,reasonable period of time, may be cause for denial of bereavement leave with pay for th,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 0 hereinafter may be amended.1. Industrial Leave for Non- Safetv Emplovees. For the remaining classifications described il 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 0 illness determined to be compensable under the Workers' Compensation Act shall b<granted industrial leave on the following terms and conditions:a) An employee granted industrial leave shall continue to be compensated at his regula 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 e the employee's employment with the City and that the employee is not temporarily e permanently incapacitated or disabled, as a result the employee's accrued, or if insufficient, future sick leave shall be charged to reimbur 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 illne determined to be compensable under the Workers' Compensation Act. 4) No employee shall have accrued sick leave deducted while on industrial leave. Vacatic 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 work and assume the duties of his regular position. b) The employee is able to return to work to another position designated by the City. c) The day before the employee is retired or separated for disability. The employee 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 Person Physician are required to use only physicians and medical facilities approved by the Cil during the first 30 days after an occupational injury or illness is reported. After the fir 30 day period, an employee may change to a physician specified by him or her provide the physician has the expertise to treat the injury or illness and agrees to provide tl timely reports to the City. However, if an employee has notified the City in writing, pri( to the date of injury, that he has a personal physician, the employee shall have the right 1 be treated by such physician from the date of injury providing that: a) The physician has previously directed the medical treatment ofthe 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 injur or illness is reported. 1. Familv Care and Medical Leave (FCML). State and Federal laws require the City t provide family and medical care leave for eligible employees. The following provisions set fort employees' and employer's rights and obligations with respect to such leave. Rights and obligation which are not specifically set forth below are set forth in the Department of Labor regulation implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations ofth California Fair Employment and Housing Commission implementing the California Family Right Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under thi article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval ofthe Personnel Director. 13 1) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks 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 leave, 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 hislher 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 prograrr 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 Benefit~Plan to each eligible retiree armuitant ofPERS to the extent required by law, a contribution of$64.60 pel month. Effective January 1, 2007 this $64.60 contribution shall be increased to $80.80 per month.B. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan fo active full-time and part-time eligible employees and pay the following monthly amounts to provid,funds for optional dental plans, vision plans, health plans, or miscellaneous pay:articipating Emplovee Classifications ity Manager xecutive Directors (as listed in Exhibit "A")fop Management Employees ( as listed in Exhibit " B")Monthlv Contributions Effective March L 2006 1, 300.00 1,300.00 975.00 The members of the City Council shall receive the same benefits noted under flexible benefits pIa as provided to employees noted as "Executive Directors" above. The City Treasurer shall receive th same benefits under flexible benefits plan as provided to C. Any amounts in excess of the amount designated in Section 20.B necessary to mainta 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 the City or enrolled in an agency with PERS health, unless the employce (or the spouse) is enrollt without being covered as a family member. Additionally, an employee may choose not to be enrolled the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employ' must provide proof, as determined by the Personnel Director, that comparable medical insurance is full force and effect. Based on determination that insurance is in full force and effect, eligible employe, shall receive the amount designated in Section 20.B towards the Flexible Benefits Plan. In the event tl employee loses eligibility (with documentation) the employee may enroll in the PERS Health Benefi 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 premiU] towards a $50,000 life insurance benefit. 2) For employees described herein in Exhibit "B" the City shall contribute the full premiU] towards a $23,000 life insurance benefit. B. Disabilitv Insurance. The City shall provide a long term disability plan with a long ten disability benefit of two-thirds of salary, after a 60-day elimination period, to a maximum of $ 8,00 per month for employees described herein in Exhibit "A", and a maximum of $6,000 per month fe employees described herein in Exhibit "B."C. Medicare Insurance. The City shall pay for the employee's portion of the contribution (1. 45o/r 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% fo safety) to the Public Employees' Retirement System including the full contribution for th Third Level Survivors Benefit.2) Miscellaneous PERS Formula. Effective June 29, 2003, the City shall provide the PER~2.7% @ age 55 Retirement Program. Effective June 27, 2004, employees shall contribut,2.64% of salary, on a pre-tax basis, toward the City's PERS Employer Contribution Rate tl offset some of the costs of the PERS 2.7% @ 55 Retirement Program. The City shall pay al remaining costs toward the retirement program for employees covered herein.3) Safetv PERS Formula. Effective May 20,2001, the City shall contract with PERS to provid,the safety employees covered under this Resolution with the 3% @ age 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) PERS 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 CalPERS 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 mployees covered by this resolution. The City shall contribute an amount equal to three percent (3%) If the employees' base salary as shown in Exhibit "A" and Exhibit "B". In lieu of this City provided enefit, the employee may elect to have added to his base salary an additional three percent (3%), lowever this 3% is not reported to PERS as pensionable compensation. This election can be made only lpon initial employment and is irrevocable. C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a etirement Health Savings Plan for employees covered by this Resolution. Each employee may IOluntarily participate in the plan by making a one-time irrevocable election to participate during the pecific armual election period identified in the plan documents. The plan would allow employees to nake the following tax-deferred contributions to the plan:1) The cash value of the employee's unused floating holiday and administrative leave balances at the end of each calendar year (mandatory for all participants); and 2) Up to 15% of their armual salary (optional);3) The cash value of 10% to 100% of vacation and/or sick leave paid out upon separation from employment with the City (optional).Participation and contributions must be made in accordance with the requirements specific all)delineated in the plan documents as adopted by Resolution No. 9660 and all contributions to the plar will be at no additional cost to the City. Each employee who participates in the Retirement Healtl Savings Plan recognizes that should any tax liability arise out of such participation such liability shall b(the responsibility of the participating employee.SECTION 23. OTHER FRINGE BENEFITS.A. Medical Maintenance Examination Program. An armual medical examination shall be provide(for all employees listed in Exhibits "A" and "B". The content and extent of the examination of eacl individual shall be determined by the physician in charge and shall be tailored to the individual'particular needs. A profile of the examination shall be maintained. Each employee may choose to hav,said examination performed by the physician of his choice or the City's designated medical providel Employees in Exhibits "A" and "B" will be reimbursed per fiscal year, upon submitting proof of suc'examination, the following amounts toward the cost of an armual physical examination: Executive Directors:Top Management Employees: 850.00 550. Employees may receive up to $495 per fiscal year (of the $850 listed above for Executive Director and $395 per fiscal year (of the $550 listed above for Top Management Employees) towar, reimbursement for items 1 and/or 2 below. Requests other than armual physicals must be approved, pri, 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/depende health related expenses. B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbook parking fees, and health fees required for approved community college and college courses, as well , job-required licensing, testing, renewal, and registration fees. An approved course is one designated 1 directly improve the knowledge of the employee relative to his specific job, and must be approved by t1 department head and the Personnel Director prior to registration. Full reimbursement up to the amoUl specified below will be provided based upon completion of the approved course(s) with a final grade (C" or better.Educational assistance payments to an employee shall not exceed $1,500.00 in anyone fiscal ye,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 Managemel employees up to $800 of the $1,500 allotted per fiscal year for activities which aid in their profession;development. Reimbursable activities include the following:1) Attendance at job-related professional conferences and seminars;2) Payment of membership dues in community and professional organizations; and 3) Purchase of job-related professional journals, books, and other written materials which furth,their knowledge and improve their effectiveness in their duties.Participation and/or purchase must be approved in advance by the department head and the Personn(Director.The above reimbursable activities are made to recognize and encourage staff to pursu educational and public relations oriented activities beyond those normally budgeted for them by the!departments and in which they are directed to participate. Approved activities are those which may b expected to further their knowledge of their jobs and the Orange community and which contribute t their improved effectiveness.Individual departments may continue to budget funds for staff attendance at professional conference and seminars, for payment of professional membership dues, and for the purchase of books, journah and related written materials which enhance the staff's knowledge.C. Uniforms. The City shall purchase uniforms for all regular uniformed members of the Polic Department and the D. Rideshare Incentive Program. An employee may receive $30 per month and eight (8) hours Dmpensatory time every six (6) months for carpooling, using public transportation, biking, walking, arpooling or other approved modes of transportation to and from the work-site. To qualify for these lcentives, an employee must use one of the above forms oftransportation 70% of his commuting time.SECTION 24. TRAVEL EXPENSE ALLOWED.A. Mileage 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-Citv Travel. If the estimated expense of contemplated travel out-of-the-City is too great to expect the employee to finance the trip and be reimbursed upon his return, the City Manager may authorize advance payment ofthe 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 Charges. 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 :grievance should follow the procedures outlined in the City's Employee Handbook. SECTION 26. EFFECTIVE DATES. This Resolution and attachments hereto shall b,effective as of March 1, 2006 and shall continue in full ADOPTED this 28th day of February, 2006. ATTEST: tt~!(c~ Mary E. Mu crity Clerk, Ci ~ge I, MARY E. MURPHY, City Clerk of the City of Orange, California hereby certify that the foregoin Resolution was duly and regularly adopted by the City Council of the City of Orange at a regul< meeting thereof held on the 28th day of February, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None tf~t(~ Mary E. 'City Clerk, (?" ,Orange 19