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RES-9953 Part Time & Seasonal Terms of EmploymentI I RESOLUTION NO. 9953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT FOR PART-TIME AND SEASONAL EMPLOYEES OF THE CITY OF ORANGE EFFECTIVE JULY 1, 2005 THROUGH AND INCLUDING JUNE 30, 2007 AND REPEALING RESOLUTION NO. 9244 AND AMENDMENTS THERETO,FOR SAID EMPLOYEES.WHEREAS, the City Council of the City of Orange wishes to set forth the wages, hours and conditions of employment for July 1, 2005 through June 30, 2007 for the employees described herein, and WHEREAS, the City Council has consulted with the City Manager and the Personnel Director concerning the proposed employment terms contained herein;NOW, THEREFORE, be it resolved that wages, hours and conditions of employment be adopted as follows:SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic compensation plan for all employees of the City of Orange who are now employed or will in the future be employed in any of the designated classifications listed in this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it shall be understood to include the feminine gender. The term "employee(s)" shall refer only to those employees covered by this Resolution.SECTION 2. SALARY AND WAGE SCHEDULES. Salaries effective June 26, 2005 and June 25, 2006 for employees covered by this Resolution are listed in Exhibit " A."SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. For all employees who have a regular weekly work schedule of 40 hours, the hourly rate of pay shall be the monthly rate times 12 divided by 2080 hours. In determining the hourly rate as herein provided, compensation shall be made to the nearest1/2 cent.Employees may be considered for advancement to the next higher step upon completion of two thousand eighty (2,080) hours of service.SECTION 4. BEGINNING RATES. A new employee in Exhibit "A" of the City shall be paid the rate shown in Step "A" in the range allocated to the class of employment for which he has been hired, except that on the request of the department head under whom the employee will serve, and with the authorization of the Personnel Director, such employee may be placed in Step B", "C", or "D" if applicable, depending upon the employee's qualifications. SECTION 5. SERVICE. The word service, as used in this Resolution, shall be defined to mean continuous, part-time service in an employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than 30 days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. An employee re-entering the service of the City shall be considered as a new employee, except that he may be re-employed within one year and placed in the same salary step in the appropriate compensation range as he was at the time of the termination of employment. Except that for Community Services employees, service shall be consecutive seasonal summer employment with the City in the Community Services Department.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancements within ranges for employees in Exhibit "A:"A. Merit Advancement. An employee may be considered for advancement through the salary range upon completion of the minimum length of service as specified in Section 3 above. Advancement through the salary range may be granted only for continuous,meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of his position. A merit increase shall become effective on the first day of the next pay period following the completion of the length of service required for such advancement, and shall require the following:1) The department head in the department which the employee is employed shall file with the Personnel Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. Disapproval from the Personnel Director,together with the reasons therefore, shall be returned to the department head.2) The recommendation of the department head, after approval of the Personnel Director, shall be forwarded to the Payroll Division of the Finance Department for change of payroll status.B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of his duties, his department head may recommend to the Personnel Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Resolution.The 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 the above paragraph of I I 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 head of the department in which he is employed with the approval of the Personnel Director. Procedure for such reduction shall follow the same procedure as outlined for merit advancement in Section 6, and such employee may be considered for re-advancement under the same provisions as contained in subsection (A) of Section 6.SECTION 8. PROBATION. An employee scheduled in the duly adopted budget to work on an average of at least 20 hours per week on a year-round basis initially appointed or promoted to a class shall serve a probationary period during which time he shall have an opportunity to demonstrate suitability for the job. Employees scheduled 20 hours or more per week, shall serve a probationary period of 26 consecutive pay periods. Under certain conditions, with approval of the Personnel Director, the department head may extend the probationary period. The employee shall attain regular status in the class upon successful completion of the probationary period. An employee who does not satisfy the standards of the class during the probationary period shall be notified in writing and termination or demotion proceedings shall be initiated.All part-time employees scheduled in the budget to work 19 hours or less per week,probationary employees, and all seasonal employees are employed "At Will." The City reserves the right to terminate the employment relationship at any time, with or without cause, for "At-Will" employees. Initially appointed probationary, as well as all other "At-Will" employees,shall not be entitled to appeal termination.SECTION 9. PROMOTION. When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification. However, if such employee is already being paid at a rate equal to or higher than Step" A", he may be placed in a step in that appropriate salary range as will grant him an increase of at least one, but no more than three salary steps.SECTION 10. DEMOTION. When an employee is demoted to a position in a lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:A. The salary rate shall be reduced by at least one step.B. The new salary rate must be within the salary range for the classification to which demoted.SECTION 11. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is employed in a classification which is reassigned to a different pay range from the previously assigned 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 shall result in the advancement of more than one step, the Personnel Director may, at his discretion, at the time of reassigmnent, place the employee in a step which will result in an increase of B. That if the reassigmnent shall be to a lower compensation range, the "F" step of which shall be lower than the existing rate of pay at the time ofreassigmnent, the employee shall continue to be paid at the existing rate of pay until such time as the new classification shall be reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range. C. That if the reassigmnent is to a lower compensation range, the "F" step of which is higher than the existing rate of pay of the employee, the employee shall be placed on that step of the lower compensation range which is equivalent to the employee's existing rate of pay. If there is no equivalent rate of pay, the employee shall be placed on the next highest step. The employee shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. SECTION 12. WORKING OUT OF CLASS. The City may work employees out of classification for up to 20 consecutive working days without additional compensation. On the 21st consecutive working day the employee works out of classification and for each additional consecutive working day the employee works out of classification, he shall be paid additional compensation at the Step "A" of the class to which he is assigned, or 5% above the employee's regular salary, whichever is greater. To qualify for working out of class pay, the employee must be performing all of the significant duties of the higher level position and meet the minimum requirements of the higher level class. SECTION 13. OVERTIME (COMPENSATORY TIME). A. COMPENSATORY TIME. An employee covered by this Resolution shall be entitled to compensatory time for all hours worked in excess of 40 hours within the employee's workweek. Compensatory time shall be accumulated at the rate of one- quarter (V.) hour of compensatory time for each one-quarter (V.) hour of overtime worked.B. PREMIUM (TIME AND ONE-HALF) OVERTIME. Only time actually worked ( i.e.,not holiday, vacation, sick leave, or compensatory time) over 40 hours in an FLSA work period shall be paid at the premium (time and one-half) rate either in the form of payor compensatory time. FLSA exempt seasonal employees are not entitled to receive premium overtime compensation.C. COMPENSATORY TIME ACCUMULATION. Compensatory time shall be accumulated to the nearest one-quarter (V.) hour increment. Where an employee works less than one-quarter (V.) hour per day of overtime, the employee shall not receive compensatory time, and such time shall not count toward the computation of overtime.D. ELIGffiILITY. In order to be entitled to compensatory time, such compensatory time must be authorized by the department head I I E. MAXIMUM COMPENSATORY TIME ACCRUAL. An employee shall not be entitled to accumulate compensatory time in excess of 80 hours during any calendar year. Any accumulated compensatory time accrued in excess of 80 hours per calendar year shall be automatically paid on the first pay period of the new calendar year. F. USE OF COMPENSATORY TIME. a. Pavrnent of Compensatory Time. Overtime shall be paid at the regular rate of payor equal time off, when authorized by the department head. b. Pavrnent Upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination. SECTION 14. CALLBACK COMPENSATION. If benefited employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location, they shall be compensated in cash or as compensatory time off at the straight time rate for the actual hours of work with a minimum of two (2) hours callback compensation, regardless of whether the employee works less than two (2) hours. This provision shall be applicable to employees although the employee's regular workweek is not completed, but shall not apply to employees who are continuing on duty. SECTION 15. HOLIDAYS. A. Benefited employees shall receive the following paid holidays, based upon proration of their hours if less than 40 per week: I) January I (New Year's Day) 2) The third Monday in February (President's Day) 3) Last Monday in May (Memorial Day) 4) July 4 (Independence Day) 5) First Monday in September (Labor Day) 6) November 11 (Veteran's Day) 7) Fourth Thursday in November (Thanksgiving Day) 8) Fourth Friday in November (Day after Thanksgiving) 9) One-half day before Christmas, if December 24 falls on a Monday through Thursday (Christmas Eve; 4.5 hours)10) December 25 (Christmas Day)11) A total of 9 hours of floating holiday time B. In the event any of the above holidays, except Y2 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 Y2 day before Christmas,the preceding Friday will be taken in lieu of the actual date on which the holiday falls.C. In order to be eligible to receive holiday pay, an employee must have worked,or be deemed to have worked because of an excused absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday. Probationary benefited employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Section, and/or with approval of the Personnel Director. D. Should one of the holidays listed above fall during an employee's vacation period while an employee is on an excused absence with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. E. Notwithstanding the above, floating holiday hours shall be taken at the convenience of the City with approval of the department head or his duly authorized agent. For purposes of this benefit, employees will have credited one floating holiday as of January 1. This floating holiday shall be taken as time off from work no later than December 31 of the sarne year. The floating holiday is not accumulative and shall be forfeited should it not be taken during the year it was earned. Employees under this section who terminate their employment with the City prior to using the floating holiday shall receive cash reimbursement for said holiday. F. All employees required to work on a holiday listed above, with the approval of their supervisor, shall receive double time pay for hours worked on the holiday, or time off equal to the number of hours the employee actually worked on the holiday. Employees who work in excess of their regular number of hours on a holiday listed above, shall receive double time pay for all such hours actually worked. Employees shall receive no other compensation whatsoever for working on a holiday. SECTION 16. VACATIONS. A. Benefited employees who have one year's continuous service, shall receive the following vacation hours per year, based upon proration of their hours if less than 40 per week: After Years of Service 1 thru 4 5 thru 10 11 12 13 14 15 thru 24 25 or more Vacation Hours Per Year 80 120 128 136 144 152 160 200 B. 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. Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding 24-month period may be accumulated with the permission of the department head and the Personnel Director. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding 24-month period. All vacation hours in excess of the equivalent number of hours earned in the immediately preceding 24-month period not taken by the employee shall C. An employee may convert up to 50% of his current annual vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 16(A) and may so convert once in a calendar year. I D. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of 1/12th of the employee's annual vacation pay for each full month of servIce. E. Probationary benefited employees accrue vacation, but may not use vacation until successful completion of an initial probation period, except in the event of a City Hall holiday closure, with approval of the PersomIel Director. SECTION 17. PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE BENEFITS.A. Definitions. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work.1. Regular part-time employees shall be those employees scheduled in the duly adopted budget to work 20 or more hours per week on a year-round basis (52 weeks minus approved leave).11. Temporary part-time employees shall be those employees scheduled in the approved budget to work less than 20 hours per week on a year-round basis (52 weeks minus approved leave).iii. Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year- round basis regardless of hours worked per week.I B. Entitlement to Fringe Benefits Upon Proration of Hours. Benefited part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the budget to work to the normal 40- hour week on an annual basis. The annual schedule for all part-time employees shall be the schedule that is included in the City's approved budget or a schedule that is designated by Management at the commencement of the employee's employment with the City. This formula of proration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, disability insurance contribution, and retirement contribution.C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in this Resolution or in any resolution of SECTION 18. LEAVES OF ABSENCE. A. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply: 1. After all available leave benefits, including vacation, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the department head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave. 2. If the department head and the 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. 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 payment of the total premium by 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. 5. At the end of such 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 six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, he may approve such extension of the leave of absence for a period up to but not to exceed an additional six months. 6. If the employee does not retum to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has abandoned his employment with the City and shall be terminated. 7. An employee on leave of absence must give the City at least seven days' written notice of his intent to return to work prior to returning to work. 8. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the 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. 8 10. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain her seniority rights. I 11. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Personnel Services Department. B. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated for regular part-time employees in accordance with the following:1) For employees working a regular 40-hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Probationary employees may use accrued sick leave during their probation period.2) Any employee eligible for sick leave with pay may use such leave for the following reasons:a) Medical and dental office appointments during work hours when authorized by the department head or his authorized agent; and/or b) Personal illness or physical incapacity resulting from causes beyond the employee's control; including pregnancy, childbirth and other medically related conditions.c) Notwithstanding subsection (3) (b) above, no employee shall be eligible or entitled to sick leave with pay for any illness or injury arising out of and in the course of City Employment.d) Family Leave. Benefited employees may use up to one- half of their annual sick leave accrual, per calendar year, for family related illness or InJury.I 3) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided in Subsection B (2)( d) above. In any instance involving use of a fraction of a day' s sick leave,the minimum charged to the employee's sick leave account shall be Y, hour,while additional actual absence of over Y, hour shall be charged to the nearest full hour. Sick leave shall only be used for the purposes stated and the department head shall be responsible for control of employee abuse of the sick leave privilege. Employees may, upon prior notice, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any 4) Upon retiring from City service and entering the Public Employees' Retirement System, an employee shall receive no pay for the first 60 days of accrued sick leave (0 to 480 hours), but shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of accrued sick leave (481 to 720 hours), and 50% of all accrued sick leave thereafter (721 hours and up). 5) Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate ofthe decedent employee. 6) Notwithstanding any other provision herein, an employee who is initially hired after July 1, 1980 shall be allowed to accumulate and be credited with sick leave with pay only up to a maximum of 620 hours. Sick leave hours in excess of such maximum shall be forfeited. 7) As set forth above, sick leave may not be utilized for service connected illness or injury. A state or federally funded grant employee who is not otherwise eligible or entitled to industrial leave benefits may utilize accrued sick leave during the statutory waiting period in order to supplement his workers' compensation benefits to a sum equal to the difference between his wages and workers' compensation benefits to the extent of such sick leave accruals. C. BEREAVEMENT LEAVE. Benefited employees shall be entitled to take up to three days of paid bereavement leave per incident on the following terms and conditions: 1) Bereavement leave may only be used upon the death or critical illness where death appears to be imminent in the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent-in- law, brother-in-law,sister-in-law, grandparent, grandchild, aunt, uncle, spouse, child, brother, or sister of the employee regardless of residence.2) Days of absence due to bereavement leave shall not exceed three working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform his immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence.D. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one (1)working day per month without pay, up to a maximum of six (6) working days per calendar year, for personal business with prior approval of the department head. Employees shall accrue no employment benefits for any personal necessity leave in excess of six (6) days per calendar year. In any instance involving use of a fraction of a day's personal necessity leave, time taken shall be to the nearest one-half hour, with I I E. FAMILY 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 City's Administrative Manual, Personnel Section, #2.34. Any provisions not set forth in the Administrative Manual 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. 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 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 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 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 19. LIFE INSURANCE. The City shall contribute the full premium towards a 23,000 life insurance policy for each ofthe benefited employees.SECTION 20. LONG-TERM DISABILITY INSURANCE. The City shall contribute the full premium toward a long-term disability plan covering eligible benefited employees that pays 60% of salary after a 60-day elimination period, up to a SECTION 21. HEALTH BENEFITS. The City shall continue to contract with the Public Employees' Retirement System (PERS) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA). A. The City shall contribute toward the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible retiree annuitant of PERS, to the extent required by law, a contribution of $48.40 per month. Effective January 1, 2006, this amount shall increase to $64.60 per month for retiree annuitants. B. Flexible Benefits Plan. The City shall establish a Section 125 Flexible Benefits Plan for benefited employees and pay the following monthly amounts to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay, based upon proration of hours ifless than 40 per week: C. The City Manager reserves the right to adjust the flexible benefits plan contributions for employees covered by this Resolution at any time during the life of this Resolution to reflect insurance contributions provided to employees in the Orange Municipal Employees' Association (OMEA) unit. D. Any amounts in excess of the amounts designated in Section 21 B necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee. E. An employee cannot be emolled in the PERS Health Benefits Plan if a spouse is emolled in the same agency or emolled in an agency with PERS Health, unless the employee (or the spouse) is emolled without being covered as a family member. F. An employee may choose to not be emolled in the Health Benefits Plan. If an employee chooses not to be enrolled in the health plan, the employee must provide proof, as determined by the Personnel Director, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect, eligible employees shall receive $330.00 per month toward the Flexible Benefits Plan. In the event that the employee loses eligibility (with documentation) then the employee may re- enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan. SECTION 22. RETIREMENT. A. All benefited employees shall participate in the Public Employees' Retirement System. The City shall maintain its contribution of8% of the employee's share to the Public Employees' Retirement System. Employees will be provided an annual report showing the amount of contribution so made. 12 I B. 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 C. The City will provide the 1959 PERS Survivor Benefit at the Third Level Option.D. All employees not covered under the Public Employees' Retirement System shall participate in a defined contribution retirement plan in lieu of Social Security contributions. The City shall contribute 3.75% of the employee' s eligible earnings towards the retirement plan. Part-time employees shall contribute 3.75% of their eligible earnings toward the retirement plan.SECTION 23. GRIEVANCE PROCEDURE.A. Definition of Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees concerning the interpretation or application of specific provisions of this Resolution of the Rules and Regulations governing personnel practices or working conditions of the City. Grievances shall not include disciplinary actions taken against " At-Will" employees.B. Business Days. Business days mean calendar days, exclusive of Saturdays,Sundays, and legal holidays recognized by the City.C. Time Limits for Filing Written Formal Grievances. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance.Failure of the City to comply with the time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure.I D. Informal Process. An employee must first attempt to resolve a grievance on an informal basis by discussion with his immediate supervisor without undue delay.Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than 10 business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Personnel Director of the City, with a copy to the department head in which the employee works. Should the grievant fail to file a written grievance within 10 business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred E. Formal Process. Personnel Director. Department Head. If the grievance is not resolved through the informal process, a written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Personnel Director and the department head. The Personnel Director and the department head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within 10 business days after receiving the grievance. F. Formal Process. City Manager. If the grievance is not resolved in E above, or if no answer has been received from the Personnel Director and department head within 10 business days from the presentation of the written grievance to the Personnel Director and department head, the written grievance shaH be presented to the City Manager, or his duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or his duly authorized representative, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within 10 business days after receiving the grievance. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by the employee and the supervisor to resolve the grievance at the informal step. SECTION 24. TRAVEL EXPENSE ALLOWANCE. A. Automobile Allowance. Expense claims for the use of private automobiles must be submitted through the department head to Accounts Payable for reimbursement Such use, if approved, will be reimbursed at the rate per mile allowed under the current IRS regulations. B. Out-of-City Travel. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon his return, the City Manager may authorize advance payment of the estimated amount to the employee.C. Tourist Class Airplane Passage will be considered standard for out-of- town travel, where appropriate.D. Use of Personal Cars for out-of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use his personal car, he may be reimbursed the amount of the cost of commercial transportation, or the IRS mileage rate, whichever is less. The rate per mile allowed under the current IRS regulations may be approved for use of personal cars when City cars are not available E. When Air, Rail or Public Transportation is used, expense for local transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is necessary I I 1) Expense will be allowed for adequate lodging. Hotel accommodations should be appropriate to the purpose of the trip. 2) Telephone and telegraph charges will be allowed for official calls. 3) Expenses for meals will be reimbursed according to Finance Administrative Policy No. 4.13. SECTION 25. EFFECTIVE DATES. This Resolution shall become effective on July 1, 2005 through June 30, 2007 unless otherwise amended. Adopted this 10th day of May, 2005. of Orange I hereby certify that the foregoing Resolution was duly and Regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 10th day of May, 2005 by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCIL MEMBERS: None COUNCIL MEMBERS: None t4 {if MaryE.y, 'ity Clerk 0 ty of Orange 15 EXHIBIT "A" CITY OF ORANGE PART-TIME AND SEASONAL EMPLOYEES I HOURLY RATES Effective Julv 1. 2001 New STEP STEP STEP STEP CLASSIFICATION TITLE Range A B C D Assistant Pool Manager 317 10.00 10.51 11. 05 Community Services Leader I 2577.41 7.79 8. 19 Community Services Leader II 277 8.19 8.61 9. 05 Community Services Leader III 297 9.05 9.51 10. 00 Engineering Intern 32610.46 10.99 11. 55 Management Intern 309 9.61 10.10 10. 62 Park Maintenance Helper 266 7.75 8.15 8. 57 Parking Control Aide 344 11.44 12.02 12.64 13. 28 Police Academy Trainee 393 2532 < monthly Police Cadet I 260 7.52 7.91 8. 31 Police Cadet II 282 8.40 8.83 9. 28 Police Reserve Levell 409 15.82 16.6317. 48 Police Reserve Level 2 369 12.96 13.6214. 31 Police Reserve Level 3 34911.73 12.33 12. 96 Pool Manager 337 11.05 11.61 12. 20 School Crossing Guard 2828.40 8.83 9. 28 School Crossing Guard Supv 322 10.25 10.78 11. 33 SwimInstructor/Lifeguard 307 9.51 10.00 10. 51 Swimming Attendant 257 7.41 7.798. 19 I EXHIBIT "A" - Continued CITY OF ORANGE PART- TIME AND SEASONAL EMPLOYEES I HOURLY RATES Effective June 26, 2005 5.0% Across-the-Board Salary Increase plus Salary Inequity Adjustments Ranging from 0.5% up to 7.0%NEW STEP STEP STEP STEP CLASSIFICATION TITLE Range A B C D Assistant Pool Manager 341 11.27 11.84 N/A N/A Community Services Leader I 277 8.19 8.61 N/A N/A Community Services Leader II 297 9.05 9.51 N/A N/A Community Services Leader III 317 10.00 10.51 11.05 N/A Engineering Intern 336 11.00 11.56 12.14 N/A Management Intern319 10.10 10.62 11.16 N/A Park Maintenance Helper 286 8.57 9.01 9.46 N/A Parking Control Aide 363 12.58 13.22 13.89 14.60 Police Academy Trainee 404 2675 <Monthly Police Cadet I280 8.31 8.74 9.18 N/A Police Cadet II 302 9.28 9.75 10.25 N/A Police Reserve Level I 424 17.05 17.92 18.84 N/A Police Reserve Level 2 384 13.97 14.68 15.43 N/A Police Reserve Level 3 364 12.64 13.29 13.96 N/A Pool Manager361 12.46 13.09 13.75 N/A School Crossing Guard 292 8.83 9.28 9.75 N/A School Crossing Guard Supv 332 10.78 11.33 11.90 N/A Swim Instructor/Lifeguard 321 10.20 10.72 N/A N/A Swimming Attendant 271 7.95 8.35 N/A N/ A EXHIBIT "A" - Continued CITY OF ORANGE PART- TIME AND SEASONAL EMPLOYEES I HOURLY RATES Effective June 25, 2006 3.0% Across-the-Board Salary Increase NEW STEP STEP STEP STEP CLASSIFICATION TITLE Range A B C D Assistant Pool Manager 347 11.61 12.21 N/A N/A Community Services Leader I 283 8.44 8.87 N/A N/A Community Services Leader II303 9.32 9.80 N/A N/A Community Services Leader III323 10.30 10.83 11.38 N/A Engineering Intern342 11.33 11.91 12.51 N/A Management Intern 325 10.41 10.94 11.49 N/A Park Maintenance Helper 292 8.83 9.28 9.75 N/A Parking Control Aide 369 12.96 13.62 14.31 15.05 Police Academy Trainee 410 2756 <Monthly Police Cadet I 286 8.57 9.01 9.46 N/A Police Cadet II 308 9.56 10.05 10.56 N/A Police Reserve Level I 430 17.57 18.47 19.41 N/A Police Reserve Level 2 390 14.39 15.13 15.89 N/A Police Reserve Level 3 370 13.03 13.69 14.39 N/A Pool Manager 367 12.83 13.49 14.18 N/A School Crossing Guard 298 9.10 9.56 10.04 N/A School Crossing Guard Supv 338 1111 11.67 12.27 N/ASwim Instructor/Lifeguard 327 10.51 11. 05 N/A N/A Swimming Attendant 277 8.19 8.61 N/A N/ A