RES-9396 Executive Directors and Top Managment Employment ClassificationsRESOLUTION NO. 9396
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. 9237 AND
AMENDMENTS THERETO.
WHEREAS, the City Council of the City of Orange has consulted with certain employees
described herein; and
WHEREAS, the City Council of the City of Orange wishes to set forth wages, hours and
conditions of employment for the period of March 1,2001 through February 28, 2002;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
authorizes staff to adjust the Fiscal Year 2000/2001 budget, as well as the proposed Fiscal Year
2001/2002 budget, to reflect the changes approved in this resolution, and that the wages, hours and
conditions of employment for the period of March 1,2001 through February 28,2002 be adopted and set
forth as follows:
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic
compensation plan for all executive directors and top management employees of the City of Orange who
are now employed, or will in the future be employed in any of the classifications of employment listed in
this Resolution and its attachments. Whenever the masculine gender is used in this Resolution, it shall
be understood to include the feminine gender. Whenever the term "department head" is used, it shall be
understood to include the City Manager when the personnel action affects a department head.
SECTION 2. SALARY AND WAGE SCHEDULE. The monthly salaries for employees
covered by this Resolution are hereby incorporated, and listed in Exhibits "A" and "B."
The attached salary and wage schedules shall constitute the basic compensation plan consisting of
six steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters "A" to "F" inclusive.
The minimum length of service required for advancement to the next higher step, is provided in Section
5 and 6.
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The
compensation ranges and steps contained in the attached salary schedule are monthly compensation
rates.
For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate
multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be
calculated to the nearest 1/2 cent.
1
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 of2,080
hours of
employment.SECTION 4. BEGINNING RATES. A new employee of the City of Orange shall be paid
the rate shown in Step "A" in the range allocated to the class of employment for which he has been
hired,except that on the request of the department head under whom the employee will serve, and with
the authorization of the Personnel Director, such employee may be placed in Step "B" through "
F"depending upon the employee's
qualifications.SECTION 5. SERVICE. The word "service," as used in this Resolution, shall be defined
to mean continuous, full-time service in the employee's present classification, service in
a higher classification, or service in a classification allocated to the same salary range and
having generally similar duties and requirements. A lapse of service by any employee for a period of time longer
than 30 days by reason of resignation or discharge shall serve to eliminate the accumulated length
of service time of such employee for the purpose of this Resolution. Such employee re-entering the
service of the City of Orange shall be considered as a new employee, except that he may, at the discretion
of the City,be re-employed within one year and placed in the same salary step
in the appropriate compensation range as he was at the time of
the termination of employment.SECTION 6. ADVANCEMENT WITHIN SCHEDULE.
The following regulations shall govern
salary advancements within ranges:A. Merit Advancement. An employee may be considered
for advancement through the applicable salary range upon completion of the minimum length of service. The
effective date of such merit increase, if granted, shall be the first day of the next pay period following
the completion of the length of service required for such advancement. Advancement through the
salary ranges steps "A"through "F" may be granted only for continuous, meritorious, and
efficient service, and continued improvement by the employee in the effective performance of the duties of
his position. Such merit advancement
shall require the following:1) The department head shall file with the Personnel Director a PersOlmel
Action Form and a completed performance evaluation recommending the granting or denial of
the merit increase and supporting such recommendation with specific reasons therefore. A
disapproval from the Personnel Director, together with the reasons therefore, shall be returned
to the department head.2) The recommendation of the department head and the approval of
the Personnel Director shall be forwarded to the Payroll Division of Finance for
change of payroll status.3) Advancements through the pay ranges Step "A" through Step "F",
shall
occur in yearly increments.4) A lapse of service of30 continuous calendar days or more for any reason
shall extend the due date for the merit performance evaluation by an equal
number
B. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, the department head may recommend to the Personnel
Director that the employee be advanced to a higher pay step without regard to the minimum length of
service requirements contained in this Resolution. The Personnel Director may, on the basis of a
department head's recommendation, approve and effect such an advancement.
C. Lenj!th of Service Required When Advancement is Denied. When an employee has not
been approved for advancement to the next higher salary step, he may be reconsidered for such
advancement at any subsequent time. This reconsideration shall follow the same steps and shall be
subject to the same action as provided in Section 6.A. above.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a
salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the
department head in the department which he is employed with the approval of the Personnel Director.
Such reduction shall take place only after the employee has been notified of the reasons and has had an
opportunity to respond. Procedure for such reduction shall follow the same procedure as outlined for
merit advancements in Section 6, and such employee may be considered for re-advancement under
the same provisions as contained in Subsection C of Section
6.SECTION 8. PROBATION. An employee described in the attached Exhibit "B"
initially appointed or promoted to a class shall serve a probationary period of 26 pay periods during which
he shall have an opportunity to demonstrate suitability for the job. Under certain conditions, withapprovalofthePersonnelDirector, the department head may extend the probationary period. The employee
shall attain regular status in the class upon successful completion of the probationary period. Anemployeewhodoesnotsatisfythestandardsoftheclassduringtheprobationaryperiodshallbenotifiedinwritingandterminationordemotionproceedingsshallbeinitiated. A newly hired probationary employee
shall not be entitled to appeal a termination or demotion action. This section shall not confer anypropertyinterestincontinuedemploymenttoanyemployeenototherwiseprovidedby
law.SECTION 9. PROMOTION. When an employee is promoted to a position in ahigherclassification, he may be assigned to the step in the new salary range which provides for at least a
five percent (5%) increase. With the approval of the department head and Personnel Director, the
employee may be placed in the step in the new salary range as will grant him an increase of at least one, but
not more than three salary
steps.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 the
employee was
demoted.
SECTION 11. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is
employed in a classification which is assigned to a different pay range shall be retained in the same
salary step in the new range as he has previously held in the prior range, and shall retain credit for length
of service in such step toward advancement to the next higher step; provided, however:
A. That if such retention results in the advancement of more than one step, the Personnel Director
may, at his discretion, at the time of reassignment, place the employee in a step which will result in an
increase of only one step.
B. That if the reassignment is to a lower compensation range, the "F" step of which is lower than the
existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing
rate of pay until such time as the position is reassigned to a compensation schedule which will allow for
further salary advancement, or until such time as the employee is promoted to a position assigned to a
higher compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of which is higher than
the existing rate of pay, the employee shall be placed in that step of the lower compensation range which
is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired
in such step toward advancement to the next higher step. If there is no equivalent step, the employee
shall be placed in the step which is closest to, but not less than, his current salary step.
SECTION 12. DEPARTMENT HEADS. Pursuant to City ordinance, department heads, other
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. In
addition, all employees designated in Exhibit "B" are considered "At-Will" and may be disciplined,
up to and including termination, at any time, with or without cause and due
process.SECTION 13. CITY MANAGER. The compensation and terms of employment of the
City Manager shall be as set forth herein, provided that any contrary written terms established by the
City Council which provide a greater benefit then provided for in this Resolution shall
prevail.SECTION 14. ADMINISTRATIVE LEAVE. No overtime compensation shall be
provided for employees covered by this Resolution unless otherwise required by federal law. In lieu of
overtime compensation, the City will provide paid administrative leave as
follows:A. Regular full-time employees identified in Exhibit "A" shall accrue 63 hours
of administrative leave annually for
continuous service;B. Regular full-time employees identified in Exhibit "B" shall accrue 54
hours of administrative leave annually
for continuous service;C. Employees hired after January 1 of each year shall receive a prorated
portion of the administrative leave during their first calendar
year of employment;D. The minimum charge to the employee's administrative leave account shall be 1/
2 hour, while additional actual absence of over 1/2 hour shall be charged to the
nearest full hour;E. Usage of administrative leave shall be at the convenience of the City with the
approval of the respective department head
or City Manager;F. All administrative leave shall be accrued at the beginning of the pay
period which includes January 1 of
each
G. Administrative leave not used by December 31 in the calendar year in which it is accrued shall be
forfeited.
SECTION 15. HOLIDAYS. Employees covered by this Resolution shall receive the following
paid nine-hour holidays, except #9
below:l)January 1 (New Year's
Day)2) The third Monday in February (President's
Day)3) Last Monday in May (Memorial
Day)4) July 4 (Independence
Day)5) First Monday in September (Labor
Day)6) November 11 (Veteran's
Day)7) Fourth Thursday in November (Thanksgiving
Day)8) Fourth Friday in November (Day after
Thanksgiving)9) One-half day before Christmas if December 24 Falls on a Monday
through Thursday Christmas Eve; 4.
5 hours)10) December 25 (
Christmas Day)11) Two & one-
half floating holidays A. Floatin2 Holidays. Employees will have credited to their paid leave balance
22.5 floating holiday hours beginning January 1 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
calendar year of employment. All floating holiday hours shall be taken as time off from work no later
than December 31 of the year in which such hours are earned or otherwise shall be forfeited. Th<,
floating holiday hours shall be taken at the convenience of the City with the approval of the City Marlager
or the department head. Employees under this section who terminate their employment with the City prior
to using the floating holiday hours shall receive cash reimbursement for all remaining
floating holiday hours.B. In the event any of the above holidays, except one-half day before Christmas,
fall on a Sunday,the following day will be taken in lieu of the actual date on which the holiday falls.
When any of the above holidays fall on a Saturday, except one-half day before Christmas,
the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When any of the
above holidays falls on an employee's regularly scheduled day off during the week,
except one-half day before Christmas,employees will be credited with nine (9) hours
of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by the end of the
calendar
year in which it was accumulated.C. In order to be eligible to receive holiday pay, an employee must
have worked, or be deemed to have worked because of a lawful absence, the employee's
regularly scheduled day before and regularly scheduled day after the holiday. Probationary employees are provided
with lmd 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 lawfully absent with pay, the employee shall receive holiday
pay and no charge shall be made
against
SECTION 16. VACATIONS.
A. All full time regular employees described herein, who have one year continuous service shall
thereafter accrue paid vacation in accordance with the following schedules.
1) For employees described herein in Exhibit "A", as well as the City Manager, the following
schedule shall apply after one (1) year's continuous service:
Vacation Hours Vacation Hours
Years Per Year Years Per Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5 164 20 224
6 170 21 228
7 172 22 232
8 176 23 236
9 180 24 240
10 184 25 244
11 188 26 248
12 192 27 252
13 196 28 256
14 200 29 260
15 204 30 264
2) For employees described herein in Exhibit "B", the following schedule shall apply after one
year's continuous service:
After Year(s)
of service
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Vacation Hours
Per Year
104
114
124
134
144
148
152
156
160
164
168
172
176
180
184
After Y ear( s)
of service
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
6
Vacation Hours
Per Year
188
192
196
200
204
208
212
216
220
224
228
232
236
240
244
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.
Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the
immediately preceding 24 month period. Probationary employees accrue vacation but may not use
vacation until successful completion of an initial probationary period, except in the event of a City Hall
holiday closure, with approval of the Personnel Director. Employees whose accumulated vacation
reaches the above defined limit shall receive no additional vacation accrual until such time as the
accumulated vacation hours fall below the allowable limit.
C. 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)(l )(2) and may convert twice in a calendar year, within the cap of 50% per
year, of annual vacation accrual. Any exception to this provision requires the approval of the Personnel
Director.
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 one-
twelfth (1/12) of the employee's annual vacation pay for each full month of service.
SECTION 17. PART-TIME, TEMPORARY, AND SEASONAL
EMPLOYEES ELIGIBILITY FOR FRINGE
BENEFITS.A.
Definitions.1) Regnlar part-time employees 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) Temporary part-time employees shall be those employees scheduled in
the budget to work less than 20 hours per week on a year-round basis (
52 weeks minus approved leave).3) Seasonal employees shall be those employees who are scheduled in
the budget to work on less than a year-round basis regardless of
hours worked. 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.B. Entitlement to Fringe Benefits Based Upon
Proration of Honrs. Regular part-time employees shall receive fringe benefits in proportion to the number of hours
an employee is scheduled in the budget to work to the normal
40 hour week on an annual basis.The annual schedule for all eligible part-time
employees shall be the schedule which is included in the City's approved budget or a schedule
which is designated by Management at the commencement of the employee's employment with the City. Thisformulaofprorationshallapplytoholidaypay,vacation, sick leave, flexible
benefit contribution, life and disability insurance contribution, and retirement contribution. Regular part-
time employees may receive step increases
provided
C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for
in the resolution or in any resolution ofthe City unless otherwise required by law.
SECTION 18. LEAVES OF ABSENCE.
A. Leave of Absence Without Pay. For all regular employees as described herein, the following
Leave Without Pay procedure shall apply:
1. After all available leave benefits, including vacation, compensatOlY time, sick leave, and
other leave benefits have been completely used, a regular employel:, 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. Ifthe 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 employee 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 any approved leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel Director at least ten
10) days before the end of the approved leave, stating the reasons why the additional leave is
required and why it would be in the best interests of the City to grant such leave of absence.
If such additional leave is merited and would still preserve the best interests of the City, the
Personnel Director may approve such extension ofthe leave of absence for a period up to, but
not to exceed, an additional six months.
6. If the employee does not return to work prior to or at the end of such leave of absence or
extension of leave of absence, the City shall consider that the employee has abandoned his
employment with the City and shall be 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.
8
9. Any employee who falsifies the reason for the request for said leave of absence may be
terminated.
10. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically
related conditions, except that such an employee shall retain her seniority rights.
11. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
B. Industrial Leave for Safety Employees. For the classifications of Police Chief and Fire
Chief, industrial leave shall be granted in accordance with Labor Code Section 4850 as it now exists or
hereinafter may be amended.
C. Industrial Leave for Non-Safety Employees. For the remaining classifications described
in Exhibit "A" and Exhibit "B" herein, industrial leave shall be granted as
follows:I) A regular employee who is temporarily or permanently disabled as a result of injury
or illness determined to be compensable under the Workers' Compensation Act shall be
granted industrial leave on the following terms and
conditions:a) An employee granted industrial leave shall continue to be compensated at his
regular rate of pay in lieu of temporary disability
payments.b) Any temporary disability payments made to an employee by the
Workers'Compensation Administrator fund shall be remitted to the Finance
Department.2) Should it be determined that an employee's illness or injury did not arise in the course
of the employee's employment with the City and that the employee is not temporarily or
permanently incapacitated or disabled, as a result of an industrial injury or illness, then the employee's accrued,
or if insufficient, future sick leave shall be charged to reimburse the City for any payments made to
the employee pursuant to (l)
above.3) An industrial leave of up to one year shall be authorized for each injury or
illness determined to be compensable under the Workers' Compensation
Act.4) No employee shall have accrued sick leave deducted while on industrial leave.
Vacation and sick leave shall accrue for an employee on industrial
leave.5) Industrial leave shall expire when 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.e) The day before the employee is retired or separated for disability. The employee'
s retirement date" shall be determined by the Public Employees' Retirement
System.
d) After 52 weeks of industrial leave.
6) Employees who have not previously submitted notification of Election of Personal
Physician are required to use only physicians and medical facilities approved by the City during
the first 30 days after an occupational injury or illness is reported. After the first 30 day period,
an employee may change to a physician specified by him or her provided the physician has the
expertise to treat the injury or illness and agrees to provide the timely reports to the City.
However, if an employee has notified the City in writing, prior to the date of injury, that he or
she has a personal physician, the employee shall have the right to be treated by such physician
from the date of injury providing that:
a) The physician has previously directed the medical treatment of the employee.
b) The physician retains the medical records and history of the employee.
An employee may request one change of physician during the first 30 days after the injury or
illness is reported.
D. Jury Duty and Services as Witness for City. When required to serve on a jury, all
employees shall be provided with up to 80 hours paid time off in a calendar year for serving on a jury,
provided all jury fees paid to the individual employee, less allowed automobile expenses, are turned over
to the City. If an employee is called as a witness on behalf of the City, he shall receive his normal pay
for the time spent by the employee serving as a witness for the City. An employee shall be required to
pay any witness fees that accrue to the employee for his witness service to the City as a condition of
receiving his normal pay while serving as a witness for the City. Any exceptions to this provision must
meet the approval of the Personnel Director.
E. Personal Necessity Leave. Employees herein may be allowed up to three working days per
month without pay for personal business with approval of the department head, or in the case of
department heads, the City Manager. Employees shall accrue no employment benefits for any personal
necessity leave in excess of three days per month. Such personal necessity leave shall be without pay
and shall not be accumulated from month to month.
F. Military Leave of Absence. If an employee is required to take military training two weeks
or more each year, he shall be entitled to military leave of absence under the provisions of State law,
found in applicable sections of the Military and Veterans' Code.
G. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance
with the following:
1) For employees working a regular 40 hour week, eight hours of sick leave will accrue for
each month of continuous service.
2) Sick leave will be charged at the rate of one-half hour for each one-half hour
an employee
is
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; and/or
c) Family Leave. An employee is allowed up to forty eight (48) hours of family leave
per calendar year for family illness which shall be charged against the employee's
accumulated sick leave.
4) Sick Leave Application. Sick leave may be applied only to absence caused by illness or
injury of an employee and may not extend to absence caused by illness or injury of a member of the
employee's family except as provided for in Subsection G(3)(c) above. In any instance involving use
of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be
one-half hour, while additional actual absence of over one-half 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 and in the complete discretion of the department
head, be required to furnish a certificate issued by a licensed physician or nurse or other
satisfactory written evidence of any
subsequent illness.5) Sick Leave Payout Program. Unused sick leave shall be paid off according
to
the following:a) All sick leave accrued prior to January I, 1992 shall fall under the
following
payout formula:1 ) Accumulated sick leave balances as of December 31, 1991 shall be set
aside in a designated sick leave account and no further accumulation will be
placed in this bank. This accumulated sick leave will be available for the
employee's use according to the provisions outlined in Section G. (2), (3)
and (4).2) 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).3) Upon the death of an employee while employed by the City, 100%
of all accrued sick leave benefits accrued prior to January 1, 1992 shall be
paid to the beneficiary of the deceased employee. Payment win be made
when proper authorization for payment is received from the estate of
the
decedent
b) All sick leave accrued after December 31, 1991, shall be placed in a new accrual bank
and have no maximum accrual amount. Any hours accumulated in this bank shall be eligible
for the following payout program:
1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have
the option to convert up to 40 hours of their unused sick leave to vacation in the
first pay period ofthe following year.
2) Employees with sick leave usage of 27.5 to 36.0 hours per calendar year may
convert 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
both sick leave banks, available after conversion. Conversion of sick leave to
vacation shall occur in the first pay period of January based upon sick leave usage
during the previous calendar year.
4) Any sick leave converted to vacation shall be subject to the provisions described
in Section 16. Vacations. The employee must file a sick leave payout designation
form each year, if eligible for the conversion of unused sick leave to vacation. If
no designation form is filed, the hours will automatically remain in the employee's
new sick leave accumulation account. Employees shall still be subject to the
maximum vacation accrual at any given time equivalent to 24 months' worth of
accrued hours. Any request to convert which exceeds the maximum vacation
accrual allotted shall not be converted to vacation, and shall remain in the
employee's sick leave bank.
5) Upon separation of employment from the City for any reason, for sick leave hours
accumulated after December 31, 1991, an employee shall receive no pay for the
first 100 hours (0 to 100 hours) of accrued sick leave, but shall receive 25% pay
for up to the next 100 hours, (l 0 1 to 200 hours) of accrued sick leave, and 50%
pay of any remaining sick leave (201 to 352 hours).
6) 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 ofthe deceased
employee. Payment will be made when proper authorization for payment is
received from the estate of the decedent employee.
H. Bereavement leave. Regular full-time 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 of the employee's immediate family. "Immediate l"innily" 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
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.
1. 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, #2.61. 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 Califomia 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/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 hislber 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.
TRAVEL EXPENSE ALLOWED.A. Mileae:e 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
reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed
under the current IRS regulations.
B. Out-of-City Travel. If the estimated expense of contemplated travel out-of-
the-City is too great to expect the employee to finance the trip and be reimbursed upon his
return, the City Manager may authorize advance payment of the estimated amount of the
travel expense to the employee.C. Tourist-Class airplane passage will
be considered standard for out-of-town travel.D. Use of personal cars for out-of-City trips,
within the State, may be approved by the City Manager when use of commercial transportation is not
available or practical. If an employee prefers to use his personal car, he may be reimbursed mileage expenses
as long as the expenses
do not exceed the amount ofthe cost ofthe commercial transportation.E. 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.l) 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 20. OTHER FRINGE BENEFITS.A. Retirement.1. The City agrees to pay 7% of
the employees base salary (9% for safety) to the Public Employees'
Retirement System
including the full contribution for the Third Level Survivors Benefit.2. Effective July 2, 2000, the City agrees to
pick up the employee's 4% cost to fund the enhanced PERS 2% @
55 retirement benefit for civilian employees. However, if at any time in the future, the City is
required to contribute as the Employer to the PERS system for miscellaneous
employees, the City will conduct an actuarial <:valuation to determine what portion of that Employer contribution rate
is due to the cost for the 2% @ 55 benefit. If
any portion of the future Employer contribution fate for miscellaneous employees is based on the cost for
the 2% @ 55 benefit, all covered employees agree to pay that portion of the
Employer rate, through pre-tax payroll deduction, to cover the cost of the 2% @ 55 benefit at that time, from
a
minimum of 0.5% not to exceed 4.0% of salary.3. Effective May 20,
2001, the City shall contract with PERS to provide the safety employees covered under
this Resolution with the 3% @ age 50 retirement formula, as set forth in Section 21362.
2
the increased cost for the 3% @ 50 benefit program will a cap of 7.0% for safety
employees. Any employer cost greater than 7.0% shall be equally borne by the City and
employees.
B. Money Purchase Retirement Plan. The City shall provide a Money Purchase Retirement Plan
for employees covered by this resolution. The City shall contribute an amount equal to three percent
3%) of the employees' base salary as shown in Exhibit "A" and Exhibit "B". In lieu of this City
provided benefit, the employee may elect to have added to his base salary an additional three percent
3%). This election can be made only upon initial employment and is irrevocable.
C. Medicare. The City shall pay for the employee's portion of the contribution (1.45%) for
Medicare coverage for all employees hired since the effective date in April, 1986.
D. Life Insurance.
1) For employees described herein in Exhibit "A" the City shall contribute the full premium
towards a $50,000 life insurance benefit.
2) For employees described herein in Exhibit "B" the City shall contribute the full premium
towards a $23,000 life insurance benefit.
E. Disability Insurance. The City shall provide a long term disability plan with a long term
disability benefit of two-thirds of salary, after a 60 day elimination period, to a maximum of $5,000
per
month.F. Medical Maintenance Examination Proeram. Effective July 1, 1999, an annual
medical examination shall be provided for all employees listed in Exhibits "A" and "B". The content and
extent of the examination of each individual shall be determined by the physician in charge and shall
be tailored to the individual's particular needs. A profile of the examination shall be maintained.
Each employee may choose to have said examination performed by the physician of his choice or the City'
s designated medical provider. Employees in Exhibits "A" and "B" will be reimbursed per fiscal
year,upon submitting proof of such examination, the following amounts toward the cost of an annual
physical
examination:Executive
Directors:Top Management
Employees:850.
00 550.
00 The balance of any funds remaining after an annual physical examination, up to the maximum
of 495 for Executive Directors, and $395 for Top Management employees, may be used for the
following health-
related activities:1. Membership in a health/
fitness club;2. Purchase of qualified home health/fitness exercise equipment (Please see Personnel for
a listing of approved
items); and 3. Participation in a weight loss/stop smoking/wellness/
fitness
Employees who do not undergo an annual physical examination may receive up to $495 per fiscal
year (for Executive Directors) and $395 per fiscal year (for Top Management Employees) towards
reimbursement for items 1,2, and/or 3 above. Requests other than annual physicals must be approved,
prior to purchase or participation, by the Personnel Director.
The City will not reimburse employees for any of the above listed activities for family/dependent
health related expenses.
G. Educational Assistance. The City will reimburse employees for the cost of tuition, text books,
parking fees, and health fees required for approved community college and college courses, as well as
job-required licensing, testing, renewal, and registration fees. An approved course is one designated
to directly improve the knowledge of the employee relative to his specific job, and must be approved by
the department head and the Personnel Director prior to registration. Full reimbursement up to the
amount specified below will be provided based upon completion of the approved course(s) with a final grade
of c" or
better.Educational assistance payments to an employee shall not exceed $1,500.00 in anyone fiscal
year and he must still be employed by the City when the course is
completed.The City agrees to allow reimbursement to Executive Directors up to $1,000, and Top
Management employees up to $800 of the $1,500 allotted per fiscal year for activities which aid in their
professional development. Reimbursable activities include the
following:1. Attendance at job-related professional conferences
and seminars;2. Payment of membership dues in community and professional
organizations; and 3. Purchase of job-related professional journals, books, and
other written materials which further their knowledge and improve their effectiveness
in their duties.Participation and/or purchase must be approved in advance by the department
head and
the Personnel Director.The above modifications are made to recognize and encourage staff to
pursue educational and public relations oriented activities beyond those normally budgeted for them by their
departments and in which they are directed to participate. Approved activities are those which may be
expected to further their knowledge of their jobs and the Orange community and which contribute
to
their improved effectiveness.Individual departments may continue to budget funds for staff attendance
at professional conferences and seminars, for payment of professional membership dues, and for the purchase
of books, journals,and related written materials which enhance
the staffs knowledge.In addition, effective March 1, 2001, Executive Directors may be reimbursed up to $
250 of their 1,000 professional development allotment toward the purchase of a
handheld personal organizer.Effective July 1, 2001, Top Management employees may be reimbursed up to $150
of their $800 professional development allotment toward the purchase of a handheld
personal organizer. The model(s) of handheld personal organizer that may be reimbursable shall be established
by the City.Such reimbursement may be authorized only once per every two (
2)
H. Uniforms. The City shall purchase uniforms for all regular uniformed members of the Police
Department and the Fire Department.
1. Assienment Pay. Effective July 1, 1996, the Administrative Secretary assigned the
responsibility of maintaining the City-wide telephone system may receive up to $100 per month
bonus based on criteria established by the Personnel Director. Furthermore, the Administrative
Secretary assigned to the Mayor and City Council will receive an additional $150 per month bonus
pay.SECTION 21. HEALTH
INSURANCE The City shall contract with the Public Employees' Retirement System (PERS) to make
available those health insurance benefits provided under the Public Employees' Medical and Hospital
Insurance Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other benefits
program maintained by the City for eligible employees, eligible retirees, and their eligible surviving
annuitants.A. Except as provided in Section 21.B Flexible Benefits Plan below, the City shall
contribute toward the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible
active employee, and to the extent required by law, each eligible retiree annuitant of PERS, an
equal contribution of $16 per
month.B. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan
for active full-time and part-time eligible employees and pay the following amounts to
provide funds for optional dental plans, vision plans, health plans,
or miscellaneous pay:
Participating Employee
Classifications City Manager Executive Directors (as listed
in Exhibit "A")Top Management Employees (as listed
in Exhibit "
B")Monthly Contribution
1,044.
00 984.
00 664.00 The City's payment towards the Flexible Benefits Plan is exclusive of the $16
payment in Section 21.A. The members of the City Council shall receive the same benefits noted
under flexible benefits plan as provided to employees noted as "Executive Directors" above. The City
Treasurer shall receive the same benefits under flexible benefits plan as provided to employees noted
as "
Top Management"above.C. Any amounts in excess of the amount designated in Section 21 A and I!
necessary to maintain benefits under any benefits plan selected by the employee shall be borne
by the employee.D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse
is enrolled in the City or enrolled in an agency with PERS health, unless the employee (or the
spouse) is enrolled without being covered as a family member. Additionally, an employee may choose not to
be enrolled in the Health Benefits Plan. If an employee chooses to not be enrolled in the health
plan, the employee must provide proof, as determined by the Personnel Director, that comparable medical
insurance is in full force and effect. Based on determination that insurance is in full forGe
and effect, eligible employees shall receive the amounts designated in Section 21 B towards the Flexible
Benefits
the event the employee loses eligibility (with documentation) the employee may enroll in the PERS
Health Benefits Plan pursuant to their rules and regulations.
SECTION 22. INCENTIVE PAY PLAN. The City Manager may, for the employees covered by
this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at his
full discretion.
SECTION 23. BILINGUAL ASSIGNMENT. Employees covered by this Resolution may be
assigned by the department head, with approval of the Personnel Director, to a bilingual assignment.
Employees on bilingual assignment shall receive an additional $140.00 per month, per employee, in
addition to their regular monthly salary, for the duration of the assignment.
SECTION 24. EFFECTIVE DATES. This Resolution and attachments hereto shall be effective
as of March 1, 2001 and shall continue in full force and effect until February 28, 2002 unless otherwise
amended.
ADOPTED this 27th day of February, 2001.
City of Orange
ATTEST:
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 27th day of February, 2001 by the following
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALVAREZ, SLATER, MAYOR MURPHY, COONTZ
NONE
NONE
NONE
t/-6t~~ ~J:Z
Cassandra J. Cathc , Ity Clerk of the City of Orange
18
EXHIBIT "A"
EXECUTIVE DIRECTORS
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 25, 2001
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Assistant City Manager 645 8898 9353 9828 10330 10858 11411
ChiefClerk* 549 5513 5794 6090 6400 6727 7070
City Attorney 652 9215 9686 10178 10697 11244 11816
Community Development Director 622 7934 8340 8763 9211 9681 10174
Community Services/Library Director 618 7777 8175 8590 9029 9490 9973
Economic Development Director 614 7624 8013 8421 8851 9302 9776
Finance Director 614 7624 8013 8421 8851 9302 9776
Fire Chief 630 8257 8679 9120 9586 10075 10588
Personnel/Employee Relations Dir. 614 7624 8013 8421 8851 9302 9776
Police Chief 636 8508 8943 9397 9877 10381 10910
Public Works Director/City Engineer 635 8465 8898 9350 9828 10330 10856
Additional compensation for elective office not included in the listed salary.
EXHIBIT "B"
TOP MANAGEMENT EMPLOYEES
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 25, 2001
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANG A B C D E F
E
Accounting Manager 537 5193 5458 5736 6028 6336 6659
Administrative Analyst I 468 3681 3868 4066 4273 4491 4720
Administrative Analyst II 488 4067 4274 4492 4721 4962 5215
Administrative Secretary 431 3060 3217 3381 3553 3734 3925
Assistant City Attorney I 589 6730 7074 7433 7813 8212 8630
Assistant City Attorney II 599 7074 7436 7814 8213 8632 9072
Assistant City Engineer 581 6467 6797 7143 7508 7891 8293
Assistant Finance Director 573 6214 6531 6864 7214 7582 7969
Assistant to City Manager 528 4965 5218 5484 5764 6058 6367
Business & Public Affairs Manager 534 5116 5376 5651 5939 6242 6560
Chief Building Official 577 6339 6663 7002 7359 7735 8129
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NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANG A B C D E F
E
City Librarian 573 6214 6531 6864 7214 7582 7969
City Records Program Manager 493 4170 4382 4606 4841 5087 5347
Community Services Manager 575 6276 6596 6933 7286 7658 8049
Deputy City Clerk 493 4170 4382 4606 4841 5087 5347
Economic Development Proj. Mgr. 539 5245 5512 5793 6089 6399 6726
Emergency Medical Services Mgr. 553 5624 5911 6212 6529 6862 7212
Employee Benefits Coordinator 471 3736 3927 4127 4338 4559 4791
Equipment Maint. Superintendent 535 5141 5403 5679 :5969 6273 6593
Executive Secretary 467 3662 3849 4046 4252 4469 4697
Field Maintenance Superintendent 535 5141 5403 5679 5969 6273 6593
Finance Supervisor 493 4170 4382 4606 4841 5087 5347
Housing Manager 539 5245 5512 5793 6089 6399 6726
Internal Audit Manager 540 5271 5540 5822 6119 6431 6759
Investment/Revenue Officer 507 4471 4699 4939 5191 5455 5734
Mgr Trans Svcs/City Traffic Eng 581 6467 6797 7143 7508 7891 8293
Personnel Analyst I 471 3736 3927 4127 4338 4559 4791
Personnel Analyst II 498 4275 4493 4722 4963 5216 5482
Personnel Services Manager 553 5624 5911 6212 6529 6862 7212
Planning Manager 581 6467 6797 7143 7508 7891 8293
Purchasing Officer 536 5167 5430 5707 5998 6304 6626
Recreation Superintendent 535 5141 5403 5679 5969 6273 6593
Risk Manager 563 5912 6213 6530 6863 7213 7581
Senior Asst. to the City Manager 548 5486 5765 6059 6368 6693 7035
Senior Econ Development Proj Mgr 559 5795 6090 6401 6728 7071 7431
Senior Librarian 509 4516 4746 4988 5243 5510 5791
Senior Personnel Analyst 531 5040 5297 5567 5851 6149 6463
Street Maint. Division Manager 577 6339 6663 7002 7359 7735 8129
Water Manager 581 6467 6797 7143 7508 7891 8293
20