RES-2023-078RESOLUTION NO. 2023- 078
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ADOPTING
CHANGES TO THE PERSONNEL RULES FOR
NON -REPRESENTED FULL-TIME AND PART-
TIME EMPLOYEES TO INCLUDE RULES FOR
FULL-TIME HOURLY EMPLOYEES AND
CHANGING PAY RATES FOR DESIGNATED
CLASSIFICATIONS COVERED BY SUCH
RULES AND REPEALING RESOLUTION NOS.
2022-139, 2023-043 AND 2023-063
WHEREAS, terms and conditions of employment for employees serving in
classifications that are not represented by a recognized bargaining unit are set forth in the Personnel
Rules Covering Non -Represented Full -Time and Part -Time Employees (Personnel Rules) last
updated in its entirety by City Council Resolution No. 2022-139 and amended by Resolution Nos.
2023-043 and 2023-63;and
WHEREAS, City Council, by way of adoption of Resolution No. 2022-043
approved a new classification of Executive Secretary — Employee Relations, designated as Non -
Regular Full -Time Hourly; and
WHEREAS, the Personnel Rules require amendment to add terms and conditions
of employment for Non -Represented Full -Time Hourly Employees due to the recent creation of
the classification; and
WHEREAS, the Appendix B of the Personnel Rules reflects an incorrect Maximum
Salary, inconsistent with the range maximum for the classification of Chief Policy Advisor to the
Mayor approved by City Council action on December 21, 2021, by way of adoption of Resolution
No. 2021-120; and
WHEREAS, the Human Resources Director has recommended in a staff report
dated August 29, 2023, to amend the Personnel Rules to include terms and conditions of
employment for Non -Represented Full -Time Hourly Employees and to correct the Maximum
Range of Chief Policy Advisor to the Mayor to 118,386 effective the pay period beginning
September 1, 2023; and
WHEREAS, the Human Resources Director further recommended in the
aforementioned staff report dated August 29, 2023, modification of rates of compensation for
certain classifications designated as Non -Represented Full -Time and Part -Time effective the pay
period beginning September 1, 2023; and
WHEREAS, the City Council of the City of Anaheim finds that establishing new
personnel rules for certain unrepresented full-time and part-time job classifications by way of
adoption of amended Personnel Rules and modifying rates of compensation for certain
classifications designated as Non -Represented Full -Time and Part -Time is in the best interests of
the City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
SECTION 1.
The Personnel Rules Covering Non -Represented Full -Time and Part -Time
Employees, as set forth in the document attached hereto and incorporated by reference herein, be
and the same is hereby adopted and that the effective date of such Personnel Rules Covering Non
-Represented Full -Time and Part -Time Employees shall be September 1, 2023.
SECTION 2
Effective the pay period beginning September 1, 2023, Appendix B, Non -
Represented Non -Sworn Management of the Personnel Rules and Policies Covering Non -
Represented Full -Time and Part -Time Employees, is hereby amended by modifying the rates of
compensation for the following classification:
Classification Salary Range
Chief Policy Advisor to the Mayor $95,932 - $143,898
(XCR14)
SECTION 3.
Effective the pay period beginning September 1, 2023, Appendix F, Non -
Represented Part -Time Classifications of the Personnel Rules and Policies Covering Non -
Represented Full -Time and Part -Time Employees, is hereby amended by modifying the rates of
compensation for the following classifications:
City Council Aide I $17.05 - $19.17
City Council Aide II $19.45 - $24.93
Senior Policy Aide $33.35 - $45.86
BE IT FURTHER RESOLVED that the Human Resources Director shall be
delegated the authority to publish the authorized salary schedule in Personnel Rules and Policies
Covering Non -Represented Full -Time and Part -Time Employees in any format meeting the
requirements of the California Code of Regulations section 570.5.
BE IT FURTHER RESOLVED that Resolution Nos. 2022-139, 2023-043 and
2023-063 be repealed effective September 1, 2023.
SECTION 4.
The City Clerk shall certify the adoption of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 29`h day of August, 2023 by the following roll call vote:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz,
Leon, Kurtz, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
alAYOR401-,C'ITY OF ANAHEIM
-T:
C LERK OF THE CITY OF ANAHEIM
Personnel Rules and Policies
Covering
Non -Represented Full -Time
and Part -Time Employees
Created : February 9, 2016 — by City Council Action Resolution 2016-033
Amended: April 16, 2019 — by City Council Action Resolution 2019-036
Amended: February 25, 2021 —by City Council Action Resolution 2021-007
Amended: December 21, 2021—by City Council Action Resolution 2021-122
Amended: November 15, 2022 — by City Council Action Resolution 2022-139
Amended: August 29, 2023 — by City Council Action Resolution 2023-XXX
TABLE OF CONTENTS
RULE 1 PURPOSE AND GENERAL PROVISIONS...............................................................................4
RULE 2 CLASSIFICATION......................................................................................................I...................8
RULE3 COMPENSATION PLAN...........................................................................................................10
RULE4 SALARY ADMINISTRATION...................................................................................................12
RULE5 HOURS OF WORK AND PAYDAY.........................................................................................23
RULE6 PREMIUM PAY............................................................................................................................26
RULE 7 APPOINTMENTS AND PROMOTIONS................................................................................32
RULE SPECIAL ASSIGNMENTS.........................................................................................................40
RULE9 PROBATION.................................................................................................................................41
RULE 10 SALARY REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL ......................43
RULE 11 LAYOFF, REASSIGNMENT, AND REEMPLOYMENT......................................................45
RULE12 REINSTATEMENT.....................................................................................................................48
RULE13 VOLUNTARY DEMOTION.......................................................................................................49
RULE14 TRANSFER...................................................................................................................................50
RULE15 HOLIDAYS.................................................................................................................................... 51
RULE 16 VACATION AND ADMINISTRATIVE LEAVE..................................................................... 54
RULE17 SICK LEAVE..................................................................................................................................61
RULE18 PAID LEAVE.................................................................................................................................66
RULE 19 INDUSTRIAL ACCIDENT LEAVE..........................................................................................71
RULE20 BEREAVEMENT LEAVE.......................................................................................................... 73
RULE21 MILITARY LEAVE......................................................................................................................74
RULE 22 JURY DUTY AND COURT APPERANCES............................................................................ 75
RULE23 UNPAID LEAVE.......................................................................................................................... 76
RULE 24 INSURANCE AND PENSIONS................................................................................................. 78
RULE 25 MISCELLANEOUS BENEFITS AND SERVICE AWARDS................................................84
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RULE 26 PAYROLL DEDUCTIONS......................................................................................................... 85
RULE 27 POST -OFFER MEDICAL AND PHYSICAL EXAMINATIONS ........................................ 86
RULE 28 GRIEVANCE PROCEDURE......................................................................................................88
RULE 29 POST RETIREMENT MEDICAL BENEFITS.......................................................................93
APPENDIXA - EXECUTIVE.........................................................................................................................96
APPENDIX B - NON -REPRESENTED NON -SWORN MANAGEMENT...........................................97
APPENDIX C - NON -REPRESENTED POLICE MANAGEMENT........................................................98
APPENDIX D - NON -REPRESENTED FIRE MANAGEMENT.............................................................99
APPENDIX E - AMBULANCE OPERATOR............................................................................................100
APPENDIX F - NON -REPRESENTED PART-TIME CLASSIFICATIONS ....................................... 101
APPENDIX G - SALARY RELATIONSHIPS............................................................................................102
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RULE 1 PURPOSE AND GENERAL PROVISIONS
Section 1.0 Purpose
(a) These Rules establish specific procedures and regulations governing the operation
of the City's Personnel System for Non -Represented Full -Time and Part -Time
employees. These Rules provide equitable and uniform procedures for dealing
with personnel matters and are intended to attract to municipal service the best
and most competent persons available; retain and develop those employees to
ensure quality and continuity of service to the public; assure that appointments
and promotions of employees are based on merit and fitness; and provide a
reasonable degree of security for qualified employees.
Section 1.1 Responsibility
(a) The Human Resources Director, under the direction of the City Manager, is
responsible for the administration and interpretation of these Rules.
Section 1.2 Scope
(a) These Rules define the obligations, rights, privileges, benefits, and prohibitions
which accrue to and are placed upon all employees in classifications designated as
Non -Represented Full -Time or Part -Time. Such classifications are listed in
Appendices A through F. As used herein, Management includes all employees
serving in classifications listed in Appendices A, B, C, D, with the exception of
employees serving in any hourly classifications included on Appendix B.
(b) The classifications of City Manager, City Attorney, City Clerk, City Treasurer,
Assistant City Manager, Deputy City Manager, Chief Policy Advisor to the
Mayor, Senior Policy Aide, City Council Aide I, City Council Aide II,
Administrative Intern I and Administrative Intern 11, and Ambulance Operator,
are specifically exempted from the provisions of the Personnel System by
Anaheim Municipal Code (hereinafter, "AMC") Chapters 1.05.030.0102,
1.05.030.0106, and 1.05.030.0108. Employees appointed to a classification
assigned to the Executive Management Unit on or after January 1, 2016 are also
exempt from the provisions of the Personnel System by AMC Chapters
1.05.030.0102 and 1.05.030.0106. Positions involving seasonal or part-time
employment specifically placed in the exempt service by the Human Resources
Director are exempt from the provisions of the Personnel System by AMC Chapter
1.05.030.105. Notwithstanding the provisions of Chapter 1.05.030.0102 and in
accordance with Chapter 1.050.030.030 of the AMC, unless otherwise
specifically provided herein, these Rules shall apply to employees in the
classifications of City Manager, Assistant City Manager, Deputy City Manager,
City Attorney, City Clerk, and City Treasurer and to exempted employees in
classifications assigned to the Executive Management unit as well as those serving
as Chief Policy Advisor to the Mayor, Senior Policy Aide, City Council Aide 1,
City Council Aide II, Ambulance Operator, Administrative Intern 1, Administrative
Intern 1I and positions involving seasonal or part-time employment specifically
placed in the exempt service by the Human Resources Director in accordance with
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AMC Chapter 1.05.030.104 .
(c) At -Will Appointments
(1) The City Manager, City Attorney, City Clerk, and City Treasurer shall
serve at the pleasure of the City Council and may be removed from their
position(s) at any time and for any reason by majority vote of the City
Council, provided that such removal does not violate the Anaheim City
Charter or applicable law.
(2) The Assistant City Manager, Deputy City Manager, and exempt employees
in classifications assigned to the Executive Management unit shall serve
at the pleasure of the City Manager and may be removed from their
position(s) at any time and for any reason by the City Manager, subject
to the ratification by majority vote of the City Council, provided that
such removal does not violate the Anaheim City Charter or applicable law.
(3) The Chief Policy Advisor to the Mayor, and any employee appointed by a
member of the City Council to the classifications of Senior Policy Aide,
City Council Aide II and City Council Aide I shall serve at the pleasure of
the Mayor or other City Council Member who appointed such employee and
may be removed from their position at any time and for any reason by such
appointing authority. Further, any such employee shall be deemed to be
terminated from appointment concurrent with the end of service on the City
Council of the appointing member of City Council.
(4) Ambulance Operators shall serve at the pleasure of the Fire Chief and
may be removed from their position(s) at any time and for any reason
by the Fire Chief, provided that such removal does not violate the
Anaheim City Charter or applicable law. Employees serving as Ambulance
Operator shall be appointed as limited -term employees with the term of the
employment to be a period of seventy-eight (78) consecutive pay periods.
The Fire Chief shall have sole discretion to extend the limited -term for no
more than thirteen (13) additional pay periods. The limited -term provision
shall apply separately to periods of full-time service in the Ambulance
Operator classification and part-time service in the Ambulance Operator
classification.
(5) Employees serving in positions involving seasonal or part-time employment
as may be specifically placed in the exempt service by the Human
Resources Director in accordance with provision 1.05.030.0104 shall serve
at the pleasure of the Executive Director of the department in which the
employee serves and may be removed from their position at any time and
for any reason by such appointing authority.
(d) Employment Agreements
(1) Nothing contained in these Rules shall be deemed to prevent the City
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Council from entering into a written agreement concerning the
employment or separation from employment of any employee with regard
to whom the power of appointment or removal or the approval thereof is
vested in the City Council. In the event a conflict arises between any
provision in such written employment or separation agreement approved
by the City Council and any provision of these Rules, the said agreement
shall control.
Section 1.3 Merit System
(a) These Rules are promulgated in accordance with the provisions of Article X of
the Anaheim City Charter and the provisions of AMC Chapters 1.05 and 1.06 and
are based upon established merit principles governing municipal employment.
The City's Personnel System shall be administered in accordance with the
following standards:
(1) Employment by the City of Anaheim shall be based on merit and fitness,
free of personal, political, and protected class considerations.
(2) Appointments, promotions, and other actions requiring the application of
the merit principle shall be based on systematic tests and/or evaluations.
(3) Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis.
(4) Tenure of employees covered by these Rules shall be subject to good
behavior, satisfactory work performance, necessity for the performance of
work, the availability of funds, and, when applicable, to a limited -term of
service provision provided herein.
(5) Improvement of service is encouraged by providing employees with
opportunities for training, including training for advancement and general
fitness for public service.
(6) Employees have the right to pursue work place complaints and shall be
protected from retaliation or adverse employment actions for the pursuit of
a legitimate work place grievance.
(7) The City of Anaheim is committed to the principles of progressive
discipline, and such discipline may be imposed in accordance with these
Rules shall be designed to be corrective rather than punitive in nature.
Section 1.4 Netrotism
(a) The City Council shall not appoint to any City government position any person
who is a relative by blood or marriage within the third degree of any one (1) or
more City Council members, nor shall the City Manager or any Executive
Manager or other officer having appointive power appoint any relative of his or
hers or of any Council Member within such degree to any such position.
Section 1.5 Personnel Actions
(a) Any action concerning an employee's status of employment shall be processed by
a personnel action. Such status shall become effective upon action by the City
Manager or designee. All full-time and part-time employees shall receive a true
copy of any personnel action taken concerning their status of employment.
Section 1.6 Severability
(a) If any section, subsection, sentence, clause, or phrase of these Rules is found to be
illegal, or contrary to any law by any court of proper jurisdiction, such findings
shall not affect the validity of the remainder of these Rules.
RULE 2 CLASSIFICATION
Section 2.0 Purpose
(a) The Classification Plan promotes the attraction and retention of qualified
employees by providing a structure in which positions having similar duties and
responsibilities are classified and compensated on a uniform basis through the use
of a consistent methodology for classifying jobs and allocating positions
Citywide. The plan supports and facilitates understanding between employees
and their supervisors regarding job expectations; establishes consistent entrance
qualifications; and ensures equitable compensation for similar work.
Section 2.1 Responsibility
(a) The Human Resources Director shall be responsible for recommending
classification of all positions on the basis of the kind and level of duties and
responsibilities, to the end that all positions in the same class shall be sufficiently
alike to permit use of a single descriptive title; the same qualification requirements;
the same test of competency; and the same salary schedule or salary range.
Section 2.2 Allocation of Positions
(a) The Human Resources Director is responsible for reviewing, creating, and
approving proposed changes to classification specifications in consultation with
the appropriate department manager or supervisor. Classification specifications
are to be interpreted in their entirety and in relation to other classification
specifications within the Classification Plan. Particular phrases or examples are
not to be isolated and treated as a full definition of the class. Classification
specifications are intended to be descriptive and explanatory of the kind of work
performed by all employees in the classification.
(1) A job class may contain one (1) or more positions.
(2) Creation or deletion of a classification(s) or modifications to the salary
schedule shall require City Council approval.
(3) All classification specifications must be reviewed by the respective
Executive Manager and approved by the Human Resources Director prior
to implementation.
(4) Executive Managers may request a review if they do not agree with a
Human Resources Department classification determination.
i. Such review must be submitted in writing to the City Manager
within thirty (30) days of the final Human Resources Department's
recommendation, including justification for a different
determination, for final consideration.
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(5) All employees having supervisory and/or managerial responsibilities shall
have access to the current classification specifications for their own
position, and any position they supervise or manage.
Section 2.3 Reclassification
(a) A position may be reclassified on the basis of changes in or re-evaluation of the
duties, responsibilities, and/or requirements of the position.
(1) The Human Resources Director shall be responsible for recommending
and approving such reclassifications.
(2) Incumbents may or may not be reclassified with their positions, based
upon the recommendation and approval of the Human Resources Director.
�]
RULE 3 COMPENSATION PLAN
Section 3.0 Purpose
(a) The City's Compensation Plan promotes the attraction and retention of qualified
employees by ensuring that employee compensation is internally equitable and
competitive with market place practices.
Section 3.1 Compensation Plan
(a) The Human Resources Director shall be responsible for recommending wages,
rates, and salary schedules and/or salary ranges for each Non -Represented Full -
Time and Part -Time classifications, and for the job classifications of City
Manager, City Attorney, City Clerk, and City Treasurer.
(1) Salary structure adjustments adopted by City Council action shall apply to
Council Appointees, unless a motion by Council to deny or modify such
adjustment is taken.
(2) Employees hired to work in any Non -Represented Part -Time classification
with a full-time equivalent, or as Part -Time Ambulance Operator, shall be
compensated at an hourly rate of pay within the salary range or on the
salary schedule established for the equivalent full-time classification.
Section 3.2 Job Evaluation
(a) The City shall utilize a formal job evaluation system to establish the relative
worth of individual jobs; ensure appropriate internal pay relationships; and
determine the appropriate leveling of job classifications within the pay structure.
(1) The job analysis process shall be the responsibility of the Human
Resources Department.
(2) Factors to be considered in the evaluation of the relative worth of individual
jobs may include, but is not limited to, an assessment of. level of
organizational responsibility; required job knowledge (education,
experience, and training); supervision, exercised and received; scope of fiscal
accountability; and necessity for written and/or oral communication skills.
(3) As part of the job evaluation process, internal salary relationships will also
be reviewed in an effort to address specific compaction issues in
individual operating departments or occupational groupings.
Section 3.3 Market Compensation AnaKses
(a) The City's optimal market positioning is to be competitive with the prevailing
market practices for fully qualified employees when base pay, incentive pay, and/or
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total compensation comparisons are made. The relative positioning to the market
will vary for each position, job classification, and occupational grouping that is
compared and may change at different points in time. The definition of comparable
labor market agencies will be evaluated over time and change as the labor market
changes.
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RULE 4 SALARY ADMINISTRATION
Section 4.0
(a) The purpose of this Section is to maintain a compensation program that will
attract and retain qualified employees at all levels of responsibility. Employee
compensation shall be externally competitive and internally consistent and fair.
In addition, the salary structure shall provide the flexibility required (based upon
availability of funds) to reward employees on the basis of individual performance
and contribution. City of Anaheim employees shall be paid a salary or wage
within the classification range established by salary resolution(s) recommended
by the Human Resources Director and approved by City Council.
Section 4.1 General
(a) Employees shall be assigned to classifications that are compensated on an hourly
or an annual basis. Employees compensated on an hourly basis shall be
designated "Hourly Employees" and employees compensated on an annual basis
shall be designated "Salaried Employees." Hourly Employees shall be assigned
to a classification in which the pay rate is determined by placement on a step in
the applicable salary schedule. Salaried Employees shall be assigned to a
classification in which the pay rate is any annual amount within a specified salary
range.
(b) A Salaried Employee's placement within a salary range is referred to as the
employee's compa-ratio, which is determined by dividing the employee's annual
rate of pay into the market point of the applicable salary range. For Salaried
Employees, the frequency and amount of increases is partially dependent upon the
employee's compa-ratio.
Section 4.2 New Hires — Hourly Employees
(a) Newly hired Hourly Employees shall normally be compensated at the lowest step
of the salary schedule of the job class for which they are hired. When a prospective
employee's experience and qualifications require special consideration, an
Executive Manager may authorize the Human Resources Department to offer a
higher step in the salary schedule. Salary steps greater than the seventh (7th) step
require approval of the Human Resources Director.
(b) The provisions of this Rule may also apply to reemployed and reinstated
employees in accordance with Rule 11 — Layoff, Reassignment, and
Reemployment and/or Rule 12 — Reinstatement.
Section 4.3 New Hires — Salaried Entinlovees
(a) Salary offers shall be between the "Minimum" and "Market" of the applicable
salary range and shall reflect the prospective employee's experience and
qualifications. Employees hired at the Minimum are presumed to be qualified to
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perform the duties and responsibilities of the job classification into which they are
hired. If external considerations require hiring an employee at a higher rate, the
Human Resources Director may approve a rate above the Market of the salary
range. Appointments above the Control Point are subject to the recommendation
of the Human Resources Director and the approval of the City Manager. Under no
circumstances may the salary offer exceed the "Maximum Point."
(1) The City Manager may appoint persons to an Administrative or Executive
level position at any salary within the applicable Administrative or
Executive salary range.
(2) New employees shall be paid at no less than the Minimum of the salary
range. New employees may be hired above the Minimum of the range
only if they possess experience, education, and/or qualifications that
exceed the minimum standards established for the position.
(3) As set forth in Rule 16 "Vacation," the Human Resources Director may
approve a one-time crediting of a vacation time bank and/or may approve
an increase in service credits for vacation accrual rates for new hires to
Management level job classes.
Section 4.4 Merit Increases — Hourll F ni nloYees
(a) Regular, full-time hourly employees serving in classifications other than
Ambulance Operator are eligible for individual merit increases effective on
their merit review date. Merit increases are not automatically granted. Employees
may be determined to be ineligible to receive a merit increase based upon their
overall performance rating. Regular, full-time hourly employees shall be eligible
for consideration for merit pay increases as follows:
(1) To the second (2nd) step of the salary schedule after completion of six (6)
months of service in the first (0) step.
(2) To the third (3`d) step after completion of six (6) months of service in the
second (2"d) step.
(3) To the fourth (0) step after completion of six (6) months of service in the
third (3`d) step.
(4) To the fifth (5th) step after completion of six (6) months of service in the
fourth (4th) step.
(5) To the sixth (6th) step after completion of six (6) months of service in the
fifth (5th) step.
(6) To the seventh (7th) step after completion of six (6) months of service in
the sixth (6th) step.
(7) To the eighth (81h) step after completion of twelve (12) months of service
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in the seventh (7th) step.
(8) To the ninth (9t) step after completion of twelve (12) months of service in
the eighth (8th) step.
(9) To the tenth (1 oth) step after completion of twelve (12) months of service
in the ninth (9th) step.
(b) Ambulance Operators
(1) Regular, full-time hourly employees serving in classification of Ambulance
Operator are eligible for individual merit increases effective on their
merit review date. Merit increases are not automatically granted.
Employees may be determined to be ineligible to receive a merit increase
based upon their overall performance rating. Regular, full-time hourly
employees shall be eligible for consideration for merit pay increases as
follows:
i. To the second (2nd) step of the salary schedule after completion of
twelve (12) months of service in the first (1 st) step.
ii. To the third (3rd) step after completion of twelve (12) months of
service in the second (2" d) step.
(c) For purposes of this Rule, "six (6) months" shall be construed to mean thirteen
(13) complete biweekly pay periods; and "twelve (12) months" shall be construed
to mean twenty-six (26) complete biweekly pay periods.
(d) Merit pay increases shall be granted upon approval of the employee's Executive
Manager for continued meritorious and efficient service and continued
improvement by the employee in the effective performance of duties.
(e) The effective date of the merit pay increase shall be the first (1st) day of the pay
period following approval as provided above and completion of the minimum
required service in the next lower step as provided in Section 4.4(a).
Section 4.5 Merit Increases — All Salaried Employees with the Exception of Executive_
Manap-ement
(a) Salaried Employees are eligible for individual merit increases in accordance with
the current "Merit Matrix" within their pay range effective on the first (It) day of
the pay period following their merit review date. Merit increases are not
automatically granted. Employees may be determined to be ineligible to receive a
merit increase based upon their overall performance rating as stated in the
employee's Performance Review Plan.
(b) The City Manager shall determine the Merit Matrix each fiscal year based upon
the City's financial condition; the City's ability to pay; market conditions; and
any other factors the City Manager may deem appropriate.
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(c) Merit increases shall be based upon an employee's overall performance rating as
demonstrated in the Performance Review Plan and in accordance with the Merit
Matrix. The employee's Executive Manager shall certify an employee's overall
rating to the Human Resources Director for implementation of a merit increase.
(d) Employees are eligible for individual merit increases within their pay range
effective on the first (1st) day of the pay period following their merit review date.
Compa-ratio between 80.00%-99.99% Once every six (6) months until attaining
a compa-ratio of 100.00%.
Compa-ratio at or above 100.00% Once every twelve (12) months.
(e) An employee shall be eligible to receive a merit increase as follows:
a. An increase up to a compa-ratio of 120.00% shall be paid to the employee's base
salary.
b. Any portion of a merit increase that would result in a compa-ratio above
120.00% shall be paid as a lump sum payment. Base salaries shall not exceed a 120%
compa-ratio.
c. Lump sum payments are not added to the employee's base pay and are not used in
determining highest year compensation for the California Public Employee's
Retirement System (hereinafter, "PERS") or for any leave bank payoffs.
Section 4.6 Merit Increases — Executive Management
(a) Merit increases for employees in classifications assigned to an Executive Salary
Range shall be based upon the employee's overall performance rating as
demonstrated in the employee's Performance Review Plan and in accordance
with the current Merit Matrix. The City Manager shall certify an employee's
overall rating to the Human Resources Director for implementation of the
appropriate merit increase.
(b) Employees in classifications assigned to an Executive Salary Range shall be
eligible for a merit increase every six (6) months while in the lower third of the
salary range. Eligibility for a merit increase shall be annually thereafter.
(c) Merit increases shall be paid to base salary. Any portion of an increase that would
exceed the salary Maximum shall be paid as a lump sum.
(d) Lump sum payments are not added to the employee's base pay and are not used in
determining the highest year of compensation for PERS or for any leave bank
payoffs.
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Section 4.7 Merit Increases — City Council Appointees
(a) Between July 1 and September 1 of each year, the City Council shall conduct and
complete a Performance Review Plan for each City Council appointee (City
Manager, City Attorney, City Treasurer, and City Clerk). The City Council shall
evaluate the performance of each appointee for the period of the preceding fiscal
year. The City Council may also elect to conduct a mid -year progress update to
determine how effectively the appointee is meeting performance expectations and
to discuss goals and objectives. Upon completion of each Performance Review
Plan, the City Council, by a majority vote of its entire membership, shall rate the
performance of each appointee for such period. The City Council shall meet with
each appointee and discuss the employee's Performance Review Plan rating. The
City Council shall also inform the Human Resources Director for such purpose.
Failure of the City Council to conduct or complete any Performance Review
Plan on time shall not affect any merit pay increase otherwise authorized.
(1) Except as set forth in paragraph 4.7(a)(2) below, each appointee may
qualify to receive a merit pay increase, in accordance with the Merit
Matrix as established for other members of the Executive Management
Group pursuant to Salary Resolution. Any merit pay increase authorized
by the City Council shall be effective on the first day of the bi-weekly pay
period following July 1. Appointees with a pay rate in the lower third of
their range may also be eligible for consideration for an additional merit
increase effective on the first (P) day of the bi-weekly pay period
following January 1. The Human Resources Director is directed to
implement such merit increases in accordance with these policies.
(2) Notwithstanding the provisions of Section 4.7(a)(1) above, an appointee
shall not receive the annual merit increase if the City Council, by
majority vote of its entire membership, establishes a different date for or
a different amount of such merit increases, or determines to grant no
merit increase for such appointee.
(b) Nothing contained in Section 4.6 in its entirety shall prevent or restrict the City
Council, at its sole and absolute discretion and by a majority vote of its entire
membership, from taking any other action at any time with regard to increasing or
decreasing the amount of compensation payable to any City Council appointee
(City Manager, City Attorney, City Treasurer, and City Clerk).
Section 4.8 .Merit Increases for Non -Represented Full -Time Houma Employees, Part -
Time Employees and Part -Time Ambulance Operators
(a) Non -Represented, full-time hourly employees are eligible for individual merit
increases effective on their merit review date. The effective date of the merit pay
increase shall be the first (1st) day of the pay period following approval by the
Executive Manager. Employees may be determined to be ineligible to receive a
merit increase based upon their overall performance rating. Merit pay increases
shall be granted upon approval of the employee's Executive Manager for continued
16
meritorious and efficient service and continued improvement by the employee in
the effective performance of the employee's duties. For purposes of this Section,
"six (6) months" shall be construed to mean thirteen (13) complete biweekly pay
periods; and "twelve (12) months" shall be construed to mean twenty-six (26)
complete biweekly pay periods. Regular, full-time hourly employees shall be
eligible for consideration for merit pay increases as follows:
(1) To the second (2nd) step of the salary schedule after completion of six (6)
months of service in the first (1st) step.
(2) To the third (3rd) step after completion of six (6) months of service in the
second (2nd) step.
(3) To the fourth (4th) step after completion of six (6) months of service in the
third (3rd) step.
(4) To the fifth (5th) step after completion of six (6) months of service in the
fourth (4th) step.
(5) To the sixth (6th) step after completion of six (6) months of service in the
fifth (5th) step.
(6) To the seventh (7th) step after completion of six (6) months of service in the
sixth (6th) step.
(7) To the eighth (8th) step after completion of twelve (12) months of service in
the seventh (7th) step.
(8) To the ninth (9th) step after completion of twelve (12) months of service in
the eighth (8th) step.
(9) To the tenth (1 Oth) step after completion of twelve (12) months of service in
the ninth (9th) step.
(b) Non -Represented Part -Time hourly employees (see (4.8(c) for Part -Time
Ambulance Operators) are eligible for individual merit increases effective on
their merit review date. Merit increases are not automatically granted.
Employees may be determined to be ineligible to receive a merit increase based
upon their overall performance rating. Non -Represented Part -Time hourly
employees shall be eligible for consideration for merit pay increases as follows:
(1) Part-time employees in job classes designated in the Resolution
establishing rates for job classes by an "A" shall be eligible for
consideration for merit pay increases as follows:
i. To the second (2°d) step of the salary range after completion of five
hundred and twenty (520) work hours in the first (0) step.
17
ii. To the third (3rd) step after completion of five hundred twenty
(520) work hours in the second (2"d) step.
iii. To the fourth (4th) step after completion of five hundred twenty
(520) work hours in the third (3rd) step.
iv. To the fifth (5th) step after completion of five hundred twenty (520)
work hours in the fourth (4th) step.
V. To the sixth (6th) step after completion of five hundred twenty
(520) work hours in the fifth (5th) step.
vi. To the seventh (7th) step after completion of five hundred twenty
(520) work hours in the sixth (6t) step.
vii. To the eighth (8th) step after completion of five hundred twenty
(520) work hours in the seventh (7th) step.
viii. To the ninth (9th) step after completion of five hundred twenty
(520) work hours in the eighth (8th) step.
(2) Part -Time employees in job classes designated in the Resolution
establishing rates for job classes by a "B" before grade codes shall be
eligible for consideration for merit pay increases as follows:
i. To the second (2"d) step of the salary range after completion of one
thousand forty (1040) work hours in the first (I") step.
ii. To the third (3rd) step after completion of one thousand forty
(1040) work hours in the second (2"d) step.
iii. To the fourth (4th) step after completion of one thousand forty
(1040) work hours in the third (3rd) step.
iv. To the fifth (5th) step after completion of one thousand forty (1040)
work hours in the fourth (4th) step.
V. To the sixth (6th) step after completion of one thousand forty
(1040) work hours in the fifth (5th) step.
vi. To the seventh (7th) step after completion of one thousand forty
(1040) work hours in the sixth (6th) step.
vii. To the eighth (8th) step after completion of two thousand eighty
(2080) work hours in the seventh (7th) step.
viii. To the ninth (9th) step after completion of two thousand eighty
(2080) work hours in the eighth (8 ) step.
18
(3) Part -Time employees in job classes designated in the Resolution
establishing rates for job classes by a "C" before grade codes shall be
eligible for consideration for merit pay increases as follows:
To the second (2" d) step of the salary range after completion of one
thousand forty (1040) work hours in the first (lst) step.
ii. To the third (3`d) step after completion of one thousand forty
(1040) work hours in the second (2nd) step.
iii. To the fourth (4th) step after completion of one thousand forty
(1040) work hours in the third (3`d) step.
iv. To the fifth (5th) step after completion of one thousand forty (1040)
work hours in the fourth (4th) step.
V. To the sixth (6th) step after completion of one thousand forty
(1040) work hours in the fifth (5th) step.
vi. To the seventh (7th) step after completion of one thousand forty
(1040) work hours in the sixth (6th) step.
vii. To the eighth (8th) step after completion of one thousand forty
(1040) work hours in the seventh (7t) step.
viii. To the ninth (9th) step after completion of one thousand forty
(1040) work hours in the eighth (8th) step.
(4) Part -Time employees in job classes designated in the Resolution
establishing rates for job classes by a "D" before grade codes shall be
eligible for consideration for merit pay increases as follows:
To the second (2"d) step of the salary range after completion of
seven hundred eighty (780) work hours in the first (1s) step.
ii. To the third (3`d) step after completion of seven hundred eighty
(780) work hours in the second (2nd) step.
iii. To the fourth (4th) step after completion of seven hundred eighty
(780) work hours in the third (3`d) step.
iv. To the fifth (5th) step after completion of seven hundred eighty
(780) work hours in the fourth (4 ) step.
V. To the sixth (6th) step after completion of seven hundred eighty
(780) work hours in the fifth (5th) step.
vi. To the seventh (7th) step after completion of seven hundred eighty
(780) work hours in the sixth (6th) step.
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vii. To the eighth (8th) step after completion of seven hundred eighty
(780) work hours in the seventh (7t ) step.
viii. To the ninth (9th) step after completion of seven hundred eighty
(780) work hours in the eighth (81) step.
(c) Part-time employees serving in the Ambulance Operator classification will be
eligible for consideration for an individual merit increase after completion of two -
thousand eighty (2,080) work hours in the prior step.
Section 4.9 Special Merit Increases — Non -Represented Full -Time Hourly and Part -Time_
Employees
(a) When a Non -Represented Full -Time Hourly or Part-time employee demonstrates
exceptional ability and proficiency in the performance of assigned duties, the
employee may be given a special merit advancement to the next higher step
without regard to the minimum length of service provisions contained in these
Rules upon the recommendation of the employee's Executive Manager and the
approval of the Human Resources Director. Probationary employees shall not be
considered for a special merit.
Section 4.10 Special Adjustments — Management
(a) Management employees may be eligible for a special salary adjustment, as
approved by the City Manager, with the recommendation of the Human
Resources Director. Requests for special salary and equity adjustments must be
submitted in writing to the Human Resources Director; state the rationale for
special salary adjustment; and be signed by the employee's Executive Manager.
Salary and equity adjustments must be supported in writing and shall only be
granted to address significant variances unrelated to tenure or performance among
employees in the same or similar job classification.
Section 4.11 Management Salary Structure Adlustments
(a) Management salary ranges are adjusted from time to time to ensure pay remains
competitive and the City continues to attract and retain highly qualified
employees. At the time of a salary structure adjustment, employees (including
Executive Managers and Council Appointees) may be provided a pay adjustment
in an amount equal to the structure adjustments. These adjustments shall require a
performance rating of Valued Contributor or better during the employee's
previous rating period.
(1) For an employee with a performance rating of less than Valued
Contributor, the Executive Manager (City Manager for Executives and
City Council for Council Appointees) may deny the structure adjustment;
grant a portion of the adjustment; or postpone the adjustment for up to six
(6) months to allow for reassessment of the employee's performance. If a
merit is due to an employee during the time of the delayed structure
adjustment, the merit date shall be extended for the same amount of time.
At the conclusion of the reassessment period, the Executive Manager shall
deny an increase or grant all/or a portion of the structure adjustment.
(2) In no case shall denial of a salary structure adjustment result in an employee
being compensated below the salary range Minimum.
(b) The Human Resources Director will review the various salary structures in
January of each year, or as soon thereafter as possible, to determine whether to
recommend to the City Council that the pay ranges for these structures be
adjusted, and if so, by what percentage factor(s). A recommendation to adjust
the pay structures, and by what percentage(s), will be based upon specific market
data, employment cost indices, and/or internal factors and will be subject to the
City's financial condition, the City's ability to pay, market conditions, and other
factors.
Section 4.12 Reclassification —Non-Rcnresented Full -Time Hourl• and Part -Time Employees
(a) An employee who is reclassified to a higher job classification shall be placed in
the lowest salary step of the salary schedule that provides an increase of at least
four percent (4%).
(b) An employee who is reclassified to a lower job classification shall be placed in
the salary step of the lower salary schedule closest to the employee's rate of pay
that does not provide an increase.
(c) An incumbent employee reclassified with to an equivalent job classification
shall retain the same rate of pay and merit review date for purposes of merit
pay increases.
(d) An incumbent employee reclassified to a higher job classification shall retain the
same step and merit review date for purposes of merit pay increases.
(e) An incumbent employee reclassified to a lower job classification shall be placed
in the step of the lower salary schedule closest to the employee's rate of pay.
If the top step of the salary schedule of the lower job classification is lower
than the incumbent's rate of pay, the rate of pay shall be identified as the "Y"
step of the lower salary range. An employee compensated at the "Y" step because
of a downward reclassification shall remain in the "Y" step until such time as
the employee's job classification is assigned to a salary schedule in which the
top step is equivalent to or higher than the "Y" step, at which time the employee
shall be placed in the top step.
(f) An incumbent who is reclassified does not begin a new probationary period.
21
Section 4.13 Reclassification — Management
(a) An incumbent who is reclassified to a job classification at a higher range shall be
placed at the Minimum of the new range or at a rate in the range which provides
a ten percent (10%) pay increase, provided the rate does not exceed a compa-ratio
of 105.00%. If a ten percent (10%) increase places the employee's salary beyond
the 105.00% compa-ratio, the employee shall receive a minimum of five percent
(5%) increase or an increase between five percent (5%) and ten percent (10%) in
order to bring the employee to 105.00% compa-ratio; however, in no case shall
the employee's salary exceed the Control Point. The employee shall be given a
new merit review date in accordance with Section 4.5 of these Policies.
(b) An incumbent who is reclassified to a job classification with no change in range
shall retain the same rate of pay and merit review date.
(c) An incumbent who is reclassified to a job classification at a lower range shall
retain the same rate of pay in the new range. If the current rate is higher than the
new range Control Point, the employee's pay rate shall be frozen until such time
as the Control Point of the range for the position exceeds the employee's rate of
pay.
(d) An incumbent who is reclassified does not begin a new probationary period.
(e) The provisions of this Section shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules.
Section 4.14 Ineligibility for Special Merit Increases and Reclassification —Ambulance
Operator
(a) Employees serving in the classification of Ambulance Operator are not eligible for
Special Merit Increases or Reclassification.
Section 4.15 Order of Precedence — Personnel Actions for Non- Represented Full -Time
Hourly and Part -Time Employees
(a) When more than one (1) personnel action involving changes to an employee's
salary step status become effective on the same day, the actions shall take place in
the following order of precedence:
(1) Adjustment to same salary step in newly authorized salary schedule;
(2) Merit pay advancement or reduction in salary step; and
(3) Promotion, demotion, or reclassification.
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RULE 5 HOURS OF WORK AND PAYDAY
Section 5.0 Purpose
(a) This section establishes regular work periods and regular work hours for all
employees in classifications designated as Management, Non -Represented Full -
Time Hourly, Non -Represented Part -Time, or Ambulance Operator.
Section 5.1 Forty (40) Hour Work Week
(a) The average regular work week for full-time Management and Non -Represented
Full -Time Hourly employees with the exception of certain designated
personnel in the Fire Department, shall be forty (40) hours.
(1) For all Management employees with an average regular work week of
forty (40) hours, the monthly rate shall be the annual rate divided by
twelve (12).
(2) For all Non -Represented Full -Time Hourly employees with an average
regular work week of forty (40) hours, the monthly rate shall be the
hourly rate multiplied by two thousand eighty hours (2,080) divided by
twelve (12).
(b) Non -Represented Part -Time employees shall be assigned a work week of seven
(7) consecutive days for the purpose of overtime. Non -Represented Part -Time
employees shall have no guarantee of hours of work in any given work week.
Section 5.2 Fifh•-Six (56) Hour Work Week
(a) The regular work schedule for "Suppression Personnel" in the Fire Department in
classifications designated as Management shall be eight (8) twenty-four (24) hour
shifts in a twenty-four (24) day cycle. The average work week of such designated
personnel shall be defined as a fifty-six (56) hour work week.
(1) For employees with an average work week of fifty-six (56) hours the
monthly rate shall be the annual rate divided by twelve (12). For the
purposes of Suppression overtime, authorized in accordance with Rule 6,
the hourly rate shall be the annual rate divided by two thousand nine
hundred twelve (2912).
(2) An employee with an average regular work week of fifty-six (56) hours
shall be eligible for one hundred twelve (112) hours biweekly pay when
the employee is at work or on paid leave for all regularly scheduled work
shifts during the pay period. Such employees on leave without pay shall
have twenty-four (24) hours pay deducted from the one hundred twelve
(112) hours biweekly pay each work shift not worked during a pay period.
Such employees appointed other than at the beginning of a pay period, or
separated other than at the end of a pay period, shall be paid for actual
hours worked or a maximum of one hundred twelve (112) hours,
whichever is less.
Section 5.3 Ambulance Operator
(a) The regular work schedule for an employee serving in a full-time Ambulance
Operator position may be either equivalent to a fire suppression twenty-four (24)
hour shift schedule or forty (40) hours per week, depending on assignment.
(b) Employees in the Ambulance Operator classification deemed part-time shall work
limited and intermittent hours. Part-time Ambulance Operator employees shall have
no guarantee of hours of work in any given work week.
(c) Employees shall have a designated seven (7) day work period under the Fair Labor
Standards Act (FLSA), beginning at 12:01 AM on Friday through midnight the
following Thursday. Any hours worked within the designated work period in
excess of forty (40) hours shall be paid in accordance with the requirements of the
FLSA.
Section 5.4 Alternative Work Schedules
(a) In certain instances alternatives to the traditional work schedule may be
appropriate. Such schedules may be implemented under the following guidelines:
(1) Such schedules may be implemented at the request of the employee subject
to City approval or by management when it is determined that a non-
traditional work schedule serves the public interest.
(2) Alternate work schedules shall not reduce service to the public.
(3) Alternate schedules approved at the request of the employee may be
adjusted or revoked by either party upon adequate notice to the other
party. Adequate notice is understood to mean at least one (1) full pay
period.
(4) Alternate work schedules implemented by management may be revoked
by the City upon adequate notice to all affected employees. Adequate
notice is understood to mean at least one (1) full pay period.
(5) Employees who perform authorized work in excess of the defined
alternate work day or work week and who are otherwise eligible for
overtime pay shall be compensated for such work at the rate of one and
one-half (I V2) times their regular hourly rate of pay in accordance with the
provisions of Personnel Rule 6 - Premium Pay.
(6) Non -Exempt, Non -Represented Hourly employees who do not work on
the holiday or day observed in lieu of the holiday, as set forth in Rule
24
15 — Holidays, shall be required to submit a vacation request for each
hour beyond eight (8) hours of the defined alternate work schedule.
Alternatively, employees may, with pre -approval of management, make
up hours beyond eight (8) hours on a single work day within the work
period in which the holiday falls. Such additional hours worked shall not
be considered overtime and the employee shall be paid at his/her regular
hourly rate of pay. This make-up of hours shall only apply to holidays.
(7) Employees may be assigned to or revoked from an alternate work
schedule only effective at the beginning of a biweekly pay period.
Section 5.5 Pav DUs
(a) Regular salaries and compensation of all Management, Non -Represented
Full -Time Hourly, and Non -Represented Part -Time employees, and employees
serving in the Ambulance Operator classification, shall be paid on a biweekly
basis.
(b) All holiday, vacation, and sick leave payments shall be at the employee's regular
rate of pay.
25
RULE 6 PREMIUM PAY
Section 6.0 Purpose
(a) This Rule establishes the conditions under which various premium payments are
added to an employees' base salary. Premium payments authorized by this Rule
are intended to ensure the City's compliance with state and federal labor law, and
to support the City in its efforts to attract and retain highly qualified employees.
Section 6.1 Exemptions from Overtime
(a) No employee shall receive overtime pay for the time spent, outside normal work
hours, in attending meetings of any kind which are for the purpose of education or
training unless the employee's Executive Manager specifically requires the
employee's attendance and the employee is otherwise eligible for overtime
compensation.
Section 6.2 Overtime - General
(a) A full-time employee who performs authorized work in excess of the employee's
normal work period, regular work week, work day, or shift and is otherwise
eligible for overtime shall be compensated for such work at the rate of one and
one-half (1 %2) times the employee's regular hourly rate of pay.
(1) All overtime must be authorized by the appropriate Administrative
Manager and/or designee.
(2) Overtime of less than one-half (%2) hour duration shall be calculated as
one-half (1/2) hour. Overtime of one-half ('/2) hour or more shall be
calculated to the nearest one -quarter ('/4) hour of time worked.
(b) A Non -Represented Part -Time employee who performs authorized work in excess
of forty (40) hours during the employee's regular work week and is otherwise
eligible for overtime shall be compensated for such work at the rate of one and
one-half (1 %2) times regular rate of pay.
(1) All overtime must be authorized by the appropriate Administrative
Manager and/or designee.
(2) Certain part-time "Recreation" classifications shall be exempt from
overtime in accordance with applicable law. Employees in those
classifications shall be compensated at the straight time hourly rate for all
hours worked.
(3) Overtime of less than one-half ('/2) hour duration shall be calculated as
one-half ('/2) hour. Overtime of one-half (%2) hour or more shall be
calculated to the nearest one -quarter ('/4) hour of time worked.
26
(4) A Non -Represented Part -Time employee in a classification listed below
shall be guaranteed a minimum of four (4) hours pay at the employee's
regular hourly rate, upon reporting to work as scheduled. For time
worked in excess of eight (8) hours per day or forty (40) hours in one (1)
week, the employee shall be paid time and one-half (1/2) based on the
applicable hourly rates to be computed to the nearest one -quarter (1/4)
hour of time worked.
Part -Time Assistant Box Office Treasurer— Convention Center
Part -Time Box Office Treasurer — Convention Center
Part -Time Crowd Control Supervisor
Part -Time Guest Services Specialist I/11
Section 6.3 Overtime — Exceptions
(a) A Fire Battalion Chief assigned to "Situational Manning" shall be compensated
at the rate of one and one-half (1 %2) times the employee's regular hourly rate of
pay for all overtime hours worked while serving in that capacity.
(b) Fire Division Chiefs and Battalion Chiefs not assigned to Situational Manning
may be compensated for overtime work authorized by the Fire Chief at the rate of
one and one-half (11/2) times their regular hourly rate of pay provided that such
employees have been assigned by the Fire Chief to perform work normally
performed by employees assigned to Situational Manning and provided that
Anaheim receives reimbursement for the overtime worked from outside
government agencies.
(c) Management employees in exempt job classes may be compensated for overtime
work authorized by the appropriate Executive Manager at the rate of one and one-
half (1 %2) times their regular hourly rate of pay provided that such employees have
been assigned by the appropriate Executive Manager to perform work normally
performed by employees in non-exempt job classes.
Section 6.4 Standby
(a) Management employees may be paid "Management Standby Pay" based upon
the recommendation of the Human Resources Director and the appropriate
Executive Manager with approval of the City Manager.
(1) Management Standby Pay will be either seventy-five dollars ($75), one
hundred fifty dollars ($150), or two hundred twenty-five dollars ($225)
per a seven (7) consecutive day standby assignment as determined by the
Human Resources Director.
(2) Standby pay eligibility will be evaluated on an individual basis.
27
Section 6.5 Call Out
(a) Employees subpoenaed to appear during off duty hours as a prosecution witness
for court matters within the scope of their employment and who receive such
subpoenas after 5:00 p.m. of the calendar day prior to the date of court appearance
shall receive overtime compensation according to emergency call out provisions.
Section 6.6 Planned Overtime
(a) A Non -Represented Full -Time Hourly employee who is non-exempt under the
Fair Labor Standards Act and is assigned planned overtime shall be paid at the
rate of one and one-half (1'/2) times his/her regular rate of pay for such work.
(1) A minimum of two (2) hours pay at the rate of one and one-half (1'/2)
times the employee's regular rate of pay shall be guaranteed for planned
overtime, except when such overtime occurs immediately before or after a
regular work period.
(2) A Non -Represented Full -Time Hourly employee who is non-exempt under
the Fair Labor Standards Act who is subpoenaed to appear during off duty
hours as a prosecution witness for court matters within the scope of the
employee's employment and who receives such subpoena before 5:00 p.m.
the calendar day prior to the date of court appearance shall receive
overtime compensation according to the planned overtime provisions.
Section 6.7 Temporary Upgrade — Non -Represented Full -Time Hourly Employees
(a) Temporary upgrading shall be defined as the temporary assignment of an
employee to perform the work of a job class which is assigned to a salary schedule
or salary range higher than his/her regular job class.
(1) Employees who are temporarily upgraded to a Non -Represented Full -Time
Hourly job classification for two (2) hours or more, and who are
responsible for the full range of duties assigned to the higher level
classification, shall receive a seven and one-half percent (7'/2%) pay
differential for all time worked in the temporary assignment.
(2) Non -Represented Full -Time Hourly employees temporarily upgraded
to a management classification for a minimum of one (1) complete work
shift, and who are responsible for the full range of duties assigned to the
higher level classification, shall receive a fifteen percent (15%) pay
differential for all time worked in the temporary assignment.
(3) An employee must be qualified for the higher position in order to receive a
pay differential. The determination of those persons qualified to work in
higher rated classifications shall be established by the City.
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(4) Upgrade to a vacant position shall be limited to six (6) consecutive months,
except in cases of extended sick leave, industrial accident leave, or leave
without pay.
Section 6.8 Temuorar N Ui)arade — Manauement Employees
(a) A Management employee temporarily upgraded to another management job class
at a higher salary range shall receive a seven and one-half (7%2%) pay differential
if they are assigned to work in the higher classification for a minimum of one (1)
complete work shift, except as noted below.
(1) Employees temporarily upgraded to the position of Fire Marshal shall
receive a seven and one-half percent (7%2%) pay differential for all time
worked during normal work hours if they are assigned to work in the
higher classification for a period of one (1) complete work shift (eight (8)
working hours) or longer. Employees upgraded to the position of Fire
Marshal shall not receive upgrade pay for any hours worked outside the
regular work shift.
(2) Employees temporarily upgraded to Fire Battalion Chief shall receive a
seven and one-half percent (7'/2%) pay differential for all time worked in
the higher job class during normal working hours if they are assigned to
work in the higher job class for a period of four (4) working hours or
longer.
(b) Employees temporarily upgraded under this Section must be qualified for the
higher position and must also be responsible for the full range of duties assigned
to the higher level classification in order to be paid for the upgrade. The
determination of those persons qualified to work in higher rated classifications
shall be made by the City.
(c) Upgrade pay is not available for Executive positions. Temporary coverage for
such positions shall be in accordance with Section 7.6 — Acting Appointments and
shall require pre -approval of the City Manager.
Section 6.9 Bilingual Pay
(a) Employees required to speak, read, and/or write in Spanish or other languages, as
well as English, as part of their regular duties of their position may be
compensated, in addition to their base pay, at the appropriate rate set forth in
Section 6.9 (a) (5) through (9). Employees on Short -Term Disability ("STD") or
Leave Without Pay for over forty (40) hours in a pay period shall not receive
bilingual pay.
(1) The appropriate Executive Manager shall designate which positions shall
be assigned bilingual duties and which language shall be eligible for
bilingual pay.
29
(2) The Human Resources Department shall conduct a competency test for
employees whose positions have been assigned bilingual duties to certify
these employees are eligible for bilingual pay. However, where operating
departments have authorized bilingual certifiers, they may conduct their
own bilingual competency testing and notify the Human Resources
Director of such results.
(3) The effective date of bilingual pay certification shall be the first (I") day
of the pay period following the passing of the bilingual test by the
employee as provided in Section 6.9(a)(2). Bilingual pay eligibility shall
continue in accordance with the above provisions during any period of
leave with pay.
(4) Bilingual pay eligibility shall continue only as long as the employee's
Executive Manager affirms an ongoing need for the bilingual duties, and
only so long as the employee demonstrates continuing competency
through a proficiency examination every three (3) years or as deemed
appropriate by the Human Resources Department.
(5) Full-time employees serving in the classifications listed on Appendix B, C
or D who are designated and certified as eligible for bilingual pay in
accordance with Section 6.9 (a) (1) and (2) and are required to speak in
Spanish or other languages (including sign language) in addition to speaking
in English, as part of their regular duties, shall be compensated at the rate of
seventy dollars ($70.00) per pay period.
(6) Full-time employees serving in the classifications listed on Appendix B, C
or D who are designated and certified as eligible for bilingual pay in
accordance with Section 6.9 (a) (1) and (2) and are required to speak, read
and/or write in Spanish or other languages (including sign language) in
addition to speaking in English, as part of their regular duties, shall be
compensated at the rate of ninety dollars ($90.00) per pay period.
(7) Part -Time employees serving in the classifications listed on Appendix F
required to speak Spanish or other languages (including sign language), as
well as English as part of the regular duties of their position will be
compensated at the rate of eighty-five cents ($.85) per hour to be included
in the regular hourly rate of pay.
(8) Part -Time employees serving in the classifications listed on Appendix F
required to speak, read, and/or write Spanish or other languages (including
sign language), as well as English as part of the regular duties of their
position will be compensated at the rate of ninety-five cents ($.95) per hour
to be included in the regular hourly rate of pay.
(9) Full-time employees serving in the Ambulance Operator classification who
are designated and certified as eligible for bilingual pay in accordance with
Section 6.9 (a) (1) and (2), shall be pay a bilingual stipend in the amount of
fifty dollars ($50.00) per pay period for any pay period the employee works
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at least forty (40) hours.
(10) Part-time employees serving in the Part -Time Ambulance Operator
classification who are designated and certified as eligible for bilingual pay
in accordance with Section 6.9 (a) (1) and (2), shall be pay a bilingual stipend
at the rate of fifty cents (0.50) per hour worked.
Section 6.10 Exemption
(a) Executive Management shall be exempt from Rule 6 — Premium Pay in its
entirety.
(b) Employees serving in the classification of Ambulance Operator shall be exempt
from all provisions of Rule 6 -- Premium Pay except Section 6.9 Bilingual Pay.
Employees serving in this classification will be entitled to overtime pay in
accordance with the FLSA.
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RULE 7 APPOINTMENTS AND PROMOTIONS
Section 7.0 Purpose
(a) This Rule establishes equitable and uniform procedures intended to attract to
municipal service the best and most competent persons available, and to assure
that appointments and promotions of employees are based on merit and fitness.
Examinations shall be used and conducted to aid in the selection of qualified
employees, and shall consist of recognized selection techniques which will, in the
opinion of the Human Resources Director, test fairly the qualifications of
candidates. Appointments and promotions will be solely based on qualifications
without regard to any protected category under state or federal law, including race,
religion, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, identity, gender
expression, age, sexual orientation, and military and veteran status, except where
age or lack of physical disability is a bona fide occupational qualification.
Section 7.1 Recruitment — General
(a) The Human Resources Department is the only department authorized to conduct
recruitments and make job offers on behalf of all City departments. The Human
Resources Department will consult with operating departments on the specifics of
each recruitment, including but not limited to: the type of recruitment (e.g. open,
ranked promotional, or unranked promotional); content of the job announcement;
desired qualifications; and the structure and content of examinations. Only those
individuals who possess the minimum qualifications for the position and who
successfully complete the examination process may be considered for
appointment or promotion.
(1) All examinations shall include a structured oral interview in which each
job applicant is evaluated on responses to the same series of job- related
questions. Examinations may also include job -related competency tests
(e.g. typing, writing, and/or computer skills), assessment centers, or other
valid, job -related examinations appropriate to the position and authorized
by the Human Resources Director.
(b) Authorization to conduct recruitments and make job offers may be delegated to
operating departments when, in the opinion of the Human Resources Director,
such delegation will not diminish public service and will enhance operational
efficiencies. Such determination requires a "Delegated Employment Agreement"
between the Human Resources Department and the operating department that
specifies for which classifications and recruitment functions the operating
department is responsible. The Human Resources Department shall periodically
audit operating departments to ensure compliance with the Delegated
Employment Agreement, Personnel Rules, and/or applicable/relevant
Memorandum of Understandings.
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Section 7.2 Recruitment — Onen
(a) Unless otherwise indicated at the time a recruitment is announced, recruitments
are open to the general public. Recruitment announcements shall be distributed
widely enough to ensure a diverse and qualified applicant pool, and shall, at a
minimum, include the following information:
(1) Title, pay -rate and pay range, minimum requirements, and general
description of the classification for which the recruitment is conducted.
(2) Description of the specific duties of the position for which the recruitment
is conducted.
(3) Any desirable qualifications in addition to the minimum qualifications for
the position (e.g. bilingual skills).
(4) Application procedures including last day to apply or a statement that the
recruitment shall remain open on a continuous basis until the position is
filled.
(5) Type of eligibility list that will be created from the recruitment (i.e.,
position, department, or classification).
(b) At the conclusion of the filing period (or periodically for a continuous
recruitment), an applicant who has failed to demonstrate possession of the
minimum requirements for the position shall be removed from further
consideration. For open recruitments for a classification, the remaining applicants
shall be placed on an eligibility list; however, only those remaining applicants
whose qualifications best fit the position shall be referred for consideration.
Eligibility lists for open recruitments for specific positions will include solely
those candidates that have been interviewed. Multiple eligibility lists may exist
for a recruitment.
(c) City employees who submit an application in an open recruitment shall be
evaluated on the same basis as external applicants, including reference and/or
background checks.
(d) Eligibility lists created from an open recruitment shall not be ranked. Such lists
may be restricted to the position for which the recruitment is conducted, or may
apply to any vacancies within the City in the specified classification.
(1) The recruitment announcement shall include a statement specifying which
type of eligibility list will be established (i.e., position, department, or
classification).
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(2) Eligibility lists shall remain in effect for a period of six (6) months or until
depleted. Lists containing three (3) or fewer names may be considered
depleted.
(3) Eligibility lists may be extended by the Human Resources Director for a
period not to exceed an additional six (6) months.
(4) Eligibility lists shall not be created for any "Intern" classification.
(e) Executive Managers may recommend new hire rates. However, only the Human
Resources Department has the authority to extend offers of employment and to
negotiate wages and benefits.
(f) Notwithstanding any other provisions of this Rule, vacant positions which would
otherwise be filled by an open recruitment may be filled by appointing a Part -
Time employee who is currently employed in a Part -Time classification to a
comparable full-time classification without qualifying the employee through the
competitive process.
Section 7.3 Recruitment - Promotional
(a) At such times as the "Appointing Authority," with concurrence of the Human
Resources Director, determines that it is in the best interests of the City to promote
from within, promotions shall be on a competitive basis except when the Human
Resources Director finds that the number of employees qualified for promotion
is insufficient to justify competition.
(b) When the Human Resources Director has determined that the number of
employees qualified for promotion is sufficient to justify competition, a
promotional announcement shall be distributed to the organization and shall, at a
minimum, include the following information:
(1) Title, pay -rate, minimum requirements, and general description of the
classification for which the promotional recruitment is conducted.
(2) Description of the specific duties of the position for which the promotional
recruitment is conducted.
(3) Any desirable qualifications in addition to the minimum qualifications for
the position (e.g. bilingual skills).
(4) Application procedures including last day to apply.
(5) Type of promotional eligibility list that will be created from the
promotional recruitment (i.e. ranked or unranked, position, department, or
classification).
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(c) At the conclusion of the filing period, an applicant who has failed to demonstrate
possession of the minimum requirements for the position shall be removed from
further consideration. Of the remaining applicants, only those whose qualifications
best fit the position shall be referred for consideration.
(d) Promotional eligibility lists may be ranked. Such lists may also be restricted to
the position for which the promotional recruitment is conducted, or may apply to
any vacancies within the City in the specified classification.
(1) The recruitment announcement shall include a statement specifying which
type of promotional eligibility list will be established (i.e. ranked or
unranked, position, department, or classification).
(2) When creating a ranked list, eligible candidates shall be listed in the order
of final evaluation and appointments from that list shall normally follow
rank order. When ranking a promotional eligibility list, appropriate
consideration shall be given to promotional candidates' qualifications,
record of performance, and seniority, in that order.
(3) Promotional eligibility lists shall remain in effect for a period of six (6)
months, or until depleted. Lists containing three (3) or fewer names may
be considered depleted.
(4) Promotional eligibility lists may be extended by the Human Resources
Director for a period not to exceed an additional six (6) months.
(5) The appropriate Executive Manager, with the concurrence of the Human
Resources Director, may order names removed from a promotional
eligibility list for good and sufficient reasons. Employees shall be given
written notice of removal of their names from eligibility lists.
Section 7.4 Promotion Without Competition
(a) An employee may be promoted without qualifying through the competitive
process when such employee is in a classification with a recognized career
progression (e.g. from Management Analyst I to Management Analyst II), or when
the Human Resources Director determines that the number of employees qualified
for promotion is insufficient to justify competition.
(b) When the position is one with a recognized career progression, the employee's
Executive Manager need only notify the Human Resources Director, in writing,
that the employee meets all of the minimum requirements for the higher level
position.
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(c) When the Human Resources Director determines that that the number of
employees qualified for promotion is insufficient to justify competition, the
Executive Manager of the department with the vacancy shall informally solicit
interest among department employees; discuss the position and its requirements
with all qualified employees who indicate interest; and consider an employee's
record of performance. The Executive Manager shall provide the results of
the informal process and recommendation for promotion to the Human
Resources Director.
Section 7.5 Promotions — General
(a) An employee promoted to a Non -Represented Full -Time Hourly or Part -Time
classification assigned to salary schedule shall be placed in the step of the higher
salary schedule that will provide a pay increase of not less than four percent (4%),
except when the top step of the higher salary schedule provides a pay increase of
less than four percent (4%). When the lowest step of the higher salary schedule is
more than four percent (4%) higher than the employee's current rate of pay, the
new rate of pay shall be the lowest step of the higher salary schedule. The
employee shall be given a new merit review date for purposes of merit pay
increases.
(b) An employee promoted to a Management or Non -Represented Part -Time
Management classification assigned to a salary range shall be placed at any rate
within the designated salary range which provides a minimum ten percent (10%)
increase. With the approval of the Human Resources Director, an employee who
is promoted to a classification that is assigned field responsibilities shall be placed
at a rate in the range which provides a minimum fifteen percent (15%) pay
increase. In no case may the increase cause the employee's salary to exceed the
Control Point. A new merit review date shall be established in accordance with
Rule 4 — Salary Administration.
(1) The new pay rate for promotion to Fire Battalion Chief or Deputy Chief of
Police shall be calculated using the base hourly rate plus any special pay
the employee was receiving in the bargaining unit classification at the time
of promotion.
(2) Under special circumstances, a new pay rate may be calculated using other
forms of pay recommended by the Human Resources Director and
approved by the City Manager. However, under no circumstances may the
new pay rate exceed the "Maximum Point" of the salary range.
(c) Promotions to Administrative Management positions must be approved by the
City Manager.
(d) The City Manager may appoint a current City employee to an Administrative
Management position at any rate within the designated salary range.
(e) The City Manager has sole discretion to provide additional vacation accrual or
vacation balance in accordance with the provisions of Personnel Rule 16 —
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Vacation to an employee appointed to a higher level management position.
(f) The Human Resources Director may recommend pay adjustments or other
remedies to correct pay inequities arising out of the application of these
promotional policies where pay rates are not internally equitable. All
recommendations shall require the approval of the City Manager.
Section 7.6 Acting -Appointments — Management
(a) An "Acting Appointment" is the appointment of an employee to a management
position on a temporary basis for an indefinite duration when a legitimate need
exists due to a vacancy or an extended absence of another employee such as
illness, vacation, prolonged jury duty service, military leave, etc. Not all long
term vacancies require an acting appointment; such appointments are reserved for
positions that must be filled by law or Charter, or for those positions that are
essential to maintain public services and/or efficiency of operations within the
City.
(b) An Acting Appointment of a person meeting the minimum qualifications for the
position may be made by the appropriate Executive Manager with the approval of
the City Manager for "Administrative Management" positions. Acting
appointments to all other management positions shall only be made with the
approval of the Human Resources Director under special circumstances pursuant
to Section 7.6(a). Requests for Acting Appointments must be submitted in writing
and must include justification for the appointment.
(c) Acting Appointments are subject to the following:
(1) An Acting Appointment must cover a period of at least thirty (30) days.
(2) A request for an Acting Appointment should be submitted to the Human
Resources Department prior to instituting the acting period. An acting
appointment is not posted.
(3) The Acting Appointment must involve the assignment of duties and
responsibilities corresponding to those included in the job description for
the acting position and must be assumed on a full-time basis. However, in
some departments, individuals may take on additional assignments
andresponsibilities at a higher level while maintaining their current job for
a limited duration.
(4) The appointee in all cases must meet the requirements as provided in the
job description of the acting title. The appointee's background will be
reviewed to ensure that the appointee meets the minimum requirements.
(5) If an incumbent fails to meet the minimum requirements for an acting
appointment, but is performing duties associated with the position, an
appropriate acting classification and level of pay, if warranted, will be
determined.
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(6) The normal promotional salary progression will apply in accordance with
Section 7.5. If the employee is placed in the position through a
competitive process after serving in an acting capacity, the resulting action
will be a status change from acting to probationary and the employee's
merit review date will remain the same.
(d) For Management classifications, an eligibility list shall normally be established
within twelve (12) months of the effective date of the acting appointment.
(1) In the event that any acting appointee fails to qualify for placement on the
eligibility list, the employee shall be removed from the acting
appointment no later than the close of the first (1st) complete biweekly
pay period following the establishment of the eligibility list.
Section 7.7 Provisional Appointments
(a) A "Provisional Appointment" is the appointment of a person from outside the
organization to a position on a temporary basis for a limited duration when a
legitimate need exists to fill a vacancy prior to the establishment of an eligibility
list. The Provisional Appointment of a person meeting the minimum qualifications
for an Administrative Management vacancy requires the prior approval of the City
Manager and for all other vacancies, the prior approval of the Human Resources
Director.
(b) A Provisional Appointment shall only be allowed in the absence of an eligibility
list. All Provisional Appointments shall be temporary and shall be valid only
until an eligibility list is established for the position. No Provisional Appointment
shall be valid beyond six (6) months without the approval of the City Manager. In
no case shall a Provisional Appointment exceed twelve (12) months.
(c) A Provisional Appointment may be permitted to occupy a vacant position
provided that the appointing authority certifies that the nominee is qualified for
appointment based on an evaluation of experience, training or education, and
there are no reemployment lists for the position.
(d) For purposes of computing the appropriate pay rate, Provisional Appointments
shall be considered new appointments. If the provisional appointee is placed in
the position through a competitive process after serving in a provisional capacity,
the action will be a status change from provisional to probationary and the
appointee's merit review date will remain the same.
(e) In the event that any provisional appointee fails to qualify on the eligibility list or
is not selected as established within the appropriate time frames of the provisional
appointment, said provisional appointment shall end and the provisional appointee
shall be terminated.
(f) If it is not possible to establish an eligibility list for any reason, the City Manager,
upon recommendation from the Human Resources Director, may approve a
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provisional appointee to a probationary appointment provided that the department
has interviewed available candidates and determined that the candidates do not
possess the skills needed to fill the vacancy and the Human Resources Director
concurs with such determination.
Section 7.8 Grant -funded Positions
(a) Appointments to certain grant -funded and/or limited -term positions as designated
by the City Manager may be made without competitive examinations and/or
evaluations. Such appointments may be made by the appropriate Executive
Manager with the approval of the Human Resources Director. In the event that a
grant -funded and/or limited -term appointee fails to complete competitive
examinations and/or evaluations and is not appointed to a City -funded position
during the period of employment under the grant or limited -term position, said
appointee shall be terminated from City employment.
Section 7.9 Exemptions
(a) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules except that
Section 7.0, 7.1 and 7.2 shall apply to employees serving in the classification of
Ambulance Operator.
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RULE 8 SPECIAL ASSIGNMENTS
Section 8.0 Purpose
(a) Special assignments under the provisions of this Rule allow the Police and Fire
Chiefs to configure their command staff to ensure effective and efficient response
to critical public safety emergencies.
Section 8.1 Special Assienment — Fire Battalion Chief
(a) Employees shall be placed in the position of Fire Battalion Chief — 40 Hour by
"Special Assignment" only. Positions of Fire Battalion Chief — 40 Hour shall be
filled by employees at the rank of Fire Battalion Chief.
(b) The Fire Chief shall assign employees to the special assignments of Fire Battalion
Chief — 40 Hour, and persons so assigned shall serve at the will and pleasure of
the Fire Chief while in such Special Assignment. Incumbents do not have vested
rights to these positions. The Fire Chief may end a Special Assignment at any
time.
(1) An employee who is assigned to the classification of Fire Battalion Chief
— 40 Hour shall be placed in the "FR30" salary range which provides the
same compa-ratio. The employee shall retain the same merit review date.
(2) Any specialty pay provided to an employee shall be considered part of the
employee's base salary for the purpose of calculating the pay increases
described above.
(c) When returned to the classification of Fire Battalion Chief — 56 Hour, the
employee's rate of pay shall be the same current compa-ratio. However, the
employee's rate of pay cannot exceed the Control Point of the salary range for
Fire Battalion Chief — 56 Hour when recalculated, unless the employee's rate of
pay exceeded Control Point prior to the special assignment.
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RULE 9 PROBATION
Section 9.0 Purpose
(a) This Rule allows the Appointing Authority to subject newly hired or promoted
employees to heightened scrutiny, and to reject such an employee at any time
during the probationary period if the employee's work and conduct is determined
to be below standards.
Section 9.1 General
(a) Newly appointed employees; employees promoted; employees reinstated after
thirty (30) days in accordance with Rule 12 — Reinstatement; employees
reassigned according to the Vocational Rehabilitation Administrative Regulation;
and employees transferred in accordance with Rule 14 — Transfer shall be subject
to a period of probation. The regular period of probation shall be twelve (12)
months.
(1) In the event an employee is assigned to light duty status or is absent from
work due to a lengthy illness or injury during the probationary period, said
employee's probationary status may be extended beyond the regular period
of probation in the amount of one (1) complete biweekly pay period for each
complete biweekly pay period the employee was assigned to light duty status
or loss of service time due to such illness or injury.
(2) Subject to the discretion of the appropriate Department Head, an employee's
probationary status may be extended beyond the regular probationary period
for reasons other than those addressed in Section 9.1 (a)(1) by providing the
employee advanced written notice. In no event shall a probationary extension
under this provision exceed six (6) months.
(3) Upon successful completion of a probationary period, an employee shall
be granted regular status in the classification in which the probationary
period is served.
Section 9.2 Evaluation
(a) The work and conduct of probationary employees shall be subject to close scrutiny
and evaluation and, if found to be below standards satisfactory to the Appointing
Authority, the appropriate Executive Manager may reject the probationer at
any time during the probationary period. Such rejections shall not be subject to
review or appeal unless such a rejection is alleged to be contrary to the provisions
of any state or federal law or Chapter 1.05 of the City of Anaheim Municipal
Code (Personnel System).
(b) An employee shall be retained beyond the end of the probationary period only if
the appropriate Executive Manager affirms that the services of the employee have
been found to be satisfactory. However, in the event the Executive Manager fails
41
to either affirm or reject a probationary employee prior to the end of the
employee's probationary period, the employee will be considered to have
satisfactorily completed the probationary period and shall be granted regular
status in the classification in which the probationary period is served.
Section 9.3 Probationary Resection
(a) A Management, Non -Represented Full -Time Hourly, or Non -Represented Part -
Time employee rejected or laid off during the probationary period from a
position to which the employee has been appointed from outside the organization
shall be separated from City service.
(b) A Management or Non -Represented Full -Time Hourly employee rejected or laid
off during the probationary period from a position to which the employee had
been promoted or transferred shall be returned to the classification in which
the employee had regular status unless the reasons for failure to complete the
probationary period would be cause for dismissal from City service.
(c) Anaheim will make every reasonable effort to return a Non -Represented Part -
Time employee rejected or laid off from a position to which the employee had
been promoted or transferred to during the probationary period to the
classification in which the employee had regular status unless the reasons for the
employee's failure to complete the probationary period would be cause for
dismissal. If not returned to the former classification, the employee shall be
separated from City service/employment.
(d) The appropriate Executive Manager shall request the Human Resources
Department to prepare a Personnel Action Form to separate or return to a former
classification any employee to be rejected during a probationary period.
Section 9.4 Exemptions
(a) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules.
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RULE 10 SALARY REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL
Section 10.0 Purpose
(a) This Rule establishes the procedures through which an employee may be
disciplined for unsatisfactory performance or conduct when the level of discipline
proposed requires Skelly due process. Any employee may be suspended, reduced
in salary, demoted, or dismissed for good and sufficient cause provided the
employee has received appropriate notification of the proposed disciplinary action
and has been provided an opportunity to respond.
(b) This Rule does not preclude the use of other forms of less severe discipline that
do not require Skelly due process such as verbal or written reprimands.
Section 10.1 Level of Discipline
(a) When, in the judgment of the appropriate Executive Manager, a Non -
Represented Full -Time Hourly or Part -Time employee's work performance or
conduct justifies disciplinary action short of demotion or dismissal, the employee
may be suspended without pay in any number of full work -day increments up to
thirty (30) calendar days at any one time or reduced in pay for up to six (6)
consecutive calendar months.
(b) When an employee in a Management classification has been determined by the
appropriate Executive Manager to have violated workplace conduct rules or
committed major safety violations, the Executive Manager may suspend such
employee without pay in any number of full work -day increments up to sixty
(60) calendar days at any one time. Alternatively, the salary of an FLSA exempt
employee found to have violated workplace conduct rules may be reduced,
provided that the reduced salary is not below the minimum salary required by
applicable law or regulation.
Section 10.2 Procedure
(a) An employee may be reduced in pay; suspended without pay; demoted; or
dismissed upon recommendation by an Administrative Manager or other
appropriate supervisor whenever, in the judgment of the appropriate Executive
Manager, the employee's work performance or misconduct so warrants. Such
actions must be reviewed by the Human Resources Department. Prior to
imposing any discipline, authorized under the provisions of this Rule, the
appropriate Executive Manager or Administrative Manager, at a minimum, shall:
(1) Provide written notification to the employee of the proposed discipline at
least six (6) working days prior to the date the discipline is proposed to be
implemented. The notification shall include:
i. The discipline that is proposed.
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ii. The grounds for imposing disciplinary action.
iii. The actions, omissions, or conduct of the employee upon which the
proposed discipline is based.
iv. An invitation to respond either orally or in writing prior to the
proposed effective date of the discipline.
(2) Provide copies of documents that were considered in determining the
proposed discipline.
(3) Provide written notification of the final determination after consideration
of the employee's response or after the response deadline if the employee
chooses not to right to respond.
(b) Upon taking action in accordance with this Rule, the Executive Manager shall file
with the employee and the Human Resources Director, a written notification
containing a statement of the substantial reasons for the action and the effective
date of the action.
Section 10.3 Exemptions
(a) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules.
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RULE 11 LAYOFF, REASSIGNMENT, AND REEMPLOYMENT
Section 11.0 Purpose
(a) The purpose of this Rule is to establish consistent procedures when implementing
a reduction in the City's work force in response to changes in economic
conditions or City Council priorities. Layoffs shall be implemented for a lack of
work or lack of funds and shall be on the basis of an evaluation of employee
qualifications and seniority within the affected job class.
Section 11.1 Procedure
(a) An employee whose position has been abolished due to lack of work or lack of
funds shall be reassigned by the employee's Executive Manager to the position
within the same division or department in an equivalent or lower job class closest
to the employee's current classification for which the employee meets the
minimum requirements and has City seniority over other employees in the job
class. In the case of employees having equal City seniority, the tie -breaker will
be resolved by a random lottery. If the employee whose position has been
abolished does not have City seniority over other employees in equivalent or lower
classes, the employee may be reassigned by the Executive Manager to any vacant
position within the department in an equivalent or lower job class, for which the
employee meets the minimum requirements.
(1) Employees in Non -Represented Full -Time Hourly job classes who are
reassigned shall be placed in the salary step of the appropriate salary
range closest to their rate of pay. Employees so reassigned shall be
reinstated to their former job class and salary step status when positions in
their former job class (within their division or department) become vacant.
Such reinstatement shall be on the basis of City seniority.
(2) Employees in Management job classes reassigned to another Management
job class shall retain their current merit review date and their current rate
of pay if it falls within the salary range of the classification reassigned.
Otherwise, their rate of pay will be adjusted to the Control Point of the
salary range for the new classification. In no case shall the management
employee's rate of pay exceed the Control Point as a result of such
reassignment in lieu of layoff.
(3) Employees in Management job classes reassigned to a Non -Represented
Full -Time Hourly or bargaining unit classification will be placed in the
closest salary step of the new job class which does not provide an increase.
The employee's base hourly rate will be used in calculating the appropriate
rate of pay.
(4) Employees in bargaining units job classifications who are reassigned to a
management job classification where the salary range Market Point is
equal to or less than the top step of the bargaining unit job classification
shall retain their current rate of pay provided it falls between the salary
45
range minimum and market points of the management classification.
Otherwise, the rate of pay will be adjusted to the Market Point of the salary
range. The base hourly rate will be used in calculating the appropriate rate
of pay.
(b) Whenever an employee, whose position has been abolished cannot be reassigned
to a position within the same department, the employee may be reassigned by
the City Manager to any vacant position in any other department in the same job
class or in an equivalent or lower job class for which the employee meets the
minimum qualifications for employment. Employees reassigned to vacant
positions in an equivalent or lower job class in any other department shall be
reinstated to their former job class and salary step status if positions in their
former job class (within their former department) become vacant within one year
of reassignment. Such reassignment shall be on the basis of City seniority.
(c) An employee who is reassigned in lieu of layoff to a job classification at the same
salary range shall retain the same rate of pay and merit review date.
(d) Whenever an employee is reassigned to a vacant position in the same class, an
equivalent class, or lower class as herein provided, the employee shall retain the
same anniversary date for purposes of merit pay increases.
(e) Whenever an employee is reinstated to a vacant position in a former job class
held by the employee, or re-employed as herein provided, the employee shall be
given a new anniversary date for purposes of merit pay increases in accordance
with the provisions of Rule 4 — Salary Administration.
Section 11.2 Reem2lovment
(a) Whenever an employee whose position has been abolished is not reassigned to
another position, the employee shall be separated from City service and placed
on the reemployment list for the job class held at the time the position was
abolished. Persons on the reemployment list shall be reemployed with their former
salary step status when positions in their job class (within the department from
which they were laid off) become vacant. Reemployment shall be on the basis
of City seniority.
(b) Reemployment lists shall contain the names of regular, full-time employees laid
off in good standing for lack of funds.
(1) Reemployment lists shall remain in effect for a period of one (1) year.
Reemployment lists shall not be extended.
(c) An employee reinstated from a reemployment list shall be considered to have
continuous service and shall be credited with the amount of accumulated sick
leave the employee had accrued at the time of layoff if the employee elects to remit
to the City any payment received under the provisions of Rule 17 — Sick Leave.
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Section 11.3 Exemptions
(a) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules, Non -
Represented Part -Time employees, and employees appointed to certain grant -
funded and/or limited -term positions as designated by the City Manager under
Rule 7.8.
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RULE 12 REINSTATEMENT
Section 12.0 Purpose
(a) This Rule establishes provisions that allow the reinstatement of employees who
terminated employment in good standing without requiring such employees to re -
qualify for employment through a competitive process.
Section 12.1 Procedure
(a) Upon recommendation of the Executive Manager and with approval of the Human
Resources Director, an employee may be reinstated to a vacant position in such
employee's former job classification or job family within one (1) year of the
employee's termination date without re -qualifying for employment by competitive
process.
(1) A full-time employee reinstated within thirty (30) days of termination shall
be considered to have continuous service; shall not serve a new
probationary period; and shall be credited with the amount of accumulated
sick leave the employee had at the time of termination. The employee shall
be placed in the same salary status step/range as at the time of termination
and shall retain the same anniversary date for purposes of merit pay
increases. If the anniversary date occurred during the period of absence,
the employee shall be given a new anniversary day set to the first (1st) day
of the next biweekly pay period following reinstatement.
(2) A Non -Represented Part -Time employee reinstated within thirty (30) days
of termination shall be considered to have continuous service and shall not
serve a new probationary period. The employee shall be placed in the same
salary step/range as at the time of termination and shall retain the previous
record of step hours worked for purposes of merit pay increases.
(3) A full-time employee or a Non -Represented Part -Time employee
reinstated after thirty (30) days of termination date shall serve a new
probationary period; may be considered to have broken service for
purposes of salary status; and shall be considered to have broken service
for all other employee benefits.
(b) An employee may be reinstated under the provisions of the Vocational
Rehabilitation Administrative Regulation to any vacant position for which the
employee meets the minimum qualifications.
Section 12.2 Exemptions
(a) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules.
48
RULE 13 VOLUNTARY DEMOTION
Section 13.0 Purpose
(a) This Rule provides procedures for those instances when, for any reason, an
employee requests a voluntary demotion.
Section 13.1 Definition
(a) A voluntary demotion is the movement of an employee into a classification with a
lower salary schedule or salary range at the request of the employee.
Section 13.2 Procedure
(a) A voluntary demotion shall require the approval of the Executive Manager under
whom the employee will serve and the Human Resources Director. An employee
taking a voluntary demotion may be placed in any salary of the appropriate salary
range that does not provide an increase in salary. A new anniversary date shall be
given for purposes of merit pay increases in accordance with provisions of Rule 4
— Salary Administration.
(1) Voluntary demotions authorized under the provisions of the Vocational
Rehabilitation Administrative Regulation shall be in accordance with the
provisions of this Rule.
(b) Upon recommendation of the Executive Manager and with approval of the Human
Resources Director, an employee who has taken a voluntary demotion to a lower
job class may be reinstated to a vacant position in a former job class held by the
employee, which the employee had regular status, within one (1) year of the
effective date of the voluntary demotion without re -qualifying by competitive
processes.
(1) An employee reinstated to a former job class from a voluntary demotion
shall be placed in the salary range at the same rate of pay or on the salary
schedule of the former job class closest to the employee's current rate
of pay. The employee shall retain the same anniversary date for purposes
of merit pay increases; however, if the employee is placed in the first
(0) through sixth (6th) step of a salary schedule or below market in a
salary range, the employee shall be eligible for a merit pay increase after
six (6) months or the employee's regular anniversary date, whichever is
sooner.
Section 13.3 Exemptions
(a) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules.
49
RULE 14 TRANSFER
Section 14.0 Purpose
(a) This Rule sets forth procedures for the transfer of employees in order to meet
business needs; ensure efficiency and effectiveness of operations; train
employees; and retain a quality workforce.
Section 14.1 Definition
(a) A change of an employee's place of employment from one division to another or
from one department to another shall be considered a "Transfer." Movement of
an employee to a vacant position in a job classification on the same salary range
as the employee's current job class shall also be considered a transfer.
Section 14.2 Procedure
(a) A Transfer requires the approval of the Executive Manager to which the employee
is transferring and the Human Resources Director. A Transfer may be initiated by
the City Manager, Executive Manager, or by request of the employee to the
Human Resources Director.
(1) A transferred employee shall retain the same rate of pay and anniversary
date for purposes of merit pay increases.
(2) If a Transfer is initiated by request of an employee to a job class with
minimum standards of employment substantially different from those of
the employee's current job class, the employee shall be required to
demonstrate eligibility for employment in accordance with the provisions
of Rule 7 — Appointments and Promotions and shall serve a new
probationary period in accordance with the provisions of Rule 9 —
Probation.
(3) A scheduled merit increase may be deferred at the discretion of the
Executive Manager for a period of up to six (6) months to allow
management to properly evaluate the transferred employee's work
performance and conduct.
(b) Transfers for the betterment of employees and the best interests of the City shall
be encouraged by all echelons of management.
Section 14.3 Exemptions
(a) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules.
50
RULE 15 HOLIDAYS
Section 15.0 Pur ose
(a) This Rule enumerates City observed holidays and the manner in which those
holidays are adhered to by employees.
Section 15.1 Holidays — General
(a) The following days shall be recognized as holidays, for full-time Management
and Non -Represented Full -Time Hourly employees in the classified service with
the exception of Fire Battalion Chief(s) assigned to Suppression as outlined in
Section 15.3, shall have these holidays off with pay:
(1) January 1 st, New Year's Day
(2) Third Monday in January, Martin Luther King's Birthday
(3) Third Monday in February, Presidents' Day
(4) Last Monday in May, Memorial Day
(5) July 4th, Independence Day
(6) First Monday in September, Labor Day
(7) November 1 lth, Veteran's Day
(8) Fourth Thursday in November, Thanksgiving Day
(9) Friday after Thanksgiving
(10) December 25, Christmas Day
(11) Every day designated by the City Council for a public feast, thanksgiving,
or holiday
(b) In the event that any of the above holidays fall on an employee's scheduled day
off, said employee shall observe the holiday on work day preceding the holiday
or the following work day as scheduled by the Executive Manager to provide
maximum regular service to the public.
(c) Any employee, otherwise eligible for overtime, required to work on any of the
above holidays or days observed in lieu of those holidays shall receive additional
compensation equivalent to one and one-half (1'/z ) times the employee's regular
rate of pay for each hour worked.
(d) Fire Battalion Chiefs assigned to Suppression and job classes exempt from
overtime provisions of Rule 6 — Premium Pay shall be exempt from the provisions
of this Section.
(e) In order to be eligible for holiday pay, an employee must be either at work or on
paid leave of absence on the regularly scheduled work day immediately preceding
the holiday or day observed in lieu of the holiday and the regularly scheduled
work day immediately following the holiday or day observed in lieu of the
holiday. No employee who is on suspension or unpaid leave of absence on either
the regularly scheduled work day immediately preceding or immediately
51
following the holiday or day observed in lieu of the holiday shall receive
compensation for said holiday or day observed in lieu of the holiday.
(f) In addition to the holidays listed in 15.1(a), each full-time Management employee
serving in a classification included in Appendix A through C will receive one (1)
eight (8) hour floating holiday per calendar year. The employee will be eligible to
use the annual floating holiday on or after January I' of each year. This leave time
has no monetary value, cannot be cashed out and must be used by the end of the
calendar year. The floating holiday shall be scheduled and taken in accordance with
the best interests of the City and the department and division in which the employee
is assigned.
Section 15.2 Alternate Work Schedules
(a) For Non -Represented Full -Time Hourly employees assigned to an alternate
work schedule authorized under the provisions of Rule 5 — Hours of Work and
Pay Day:
(1) If the holiday falls on a workday where the employee is regularly
scheduled to work more than eight (8) hours, the employee will receive
only eight (8) hours of holiday pay. The employee shall be required to
submit a request for vacation to be charged to that day for all regularly
scheduled work hours in excess of eight (8), unless, at management's
discretion, the employee requests in advance and receives written
authorization to make-up the hour(s) by working on some other day during
that same work period. The additional hour(s) worked shall not be
considered overtime and the employee shall be paid at their regular hourly
rate of pay.
(2) In the event an employee does not request to make-up hour(s) or is not
authorized to make-up the hour(s) and does not have sufficient vacation
time to cover the hour(s), or in the event the employee is not eligible
for vacation, the employee shall be charged authorized leave without pay
for all regularly scheduled hours in excess of eight (8).
Section 15.3 Holidays — Suppression Employees
(a) Fire Battalion Chiefs assigned to Suppression shall receive additional
compensation equivalent to 13.4 hours of the employee's regular bi-
weekly compensation for each holiday listed in Section 15.1. Employees in
these classifications shall have the option to accumulate 13.4 hours per holiday
(for a maximum of 134 hours per year). Under this option, any hours accrued
will be paid off at the employee's regular hourly rate of pay as of the end of the
pay period, including October 1 st. Selection of the "Holiday Option" shall be
made on September 1 of each year.
(b) Upon termination, a Fire Battalion Chief assigned to Suppression shall be
52
compensated in cash at the employee's current rate of pay for any hours accrued
but not taken.
(c) No employee who is on suspension or unpaid leave of absence during a holiday
pay period shall receive additional compensation or accumulate hours during that
pay period.
Section 15.4 Part -Time Employees excludine Part -Time Ambulance Operators
(a) Non -Represented Part -Time employees in specified classifications shall receive
pay at the rate of one and one-half (1'/2) times their regular hourly rate of pay for
working the following:
(1) January 1 st, New Year's Day
(2) Third Monday in January, Martin Luther King's Birthday
(3) Last Monday in May, Memorial Day
(4) July 4th, Independence Day
(5) First Monday in September, Labor Day
(6) Fourth Thursday in November, Thanksgiving Day
(7) December 25, Christmas Day
(b) Non -Represented Part -Time employees in the classifications listed below shall
receive pay at the rate of one and one-half (1 %2) times their regular hourly rate of
pay for all hours worked on the holidays enumerated in Section 15.4(a) above:
Part -Time Assistant Box Office Treasurer
Part -Time Box Office Treasurer
Part -Time Crowd Control Supervisor
Part -Time Guest Services Specialist I/II
Section 15.5 Ambulance Operators
(a) An employee serving in the classification of Ambulance Operator or PT Ambulance
Operator who works eight (8) hours or more on a recognized City Holiday as specified
in 15.1(a) shall be paid a Holiday Stipend of seventy-five dollars ($75.00).
53
RULE 16 VACATION AND ADMINISTRATIVE LEAVE
Section 16.0 Purpose
(a) The purpose of this Rule is to describe the provisions for Vacation usage and
Vacation accruals for Management, Non -Represented Full -Time Hourly, and Non -
Represented Part -Time employees.
Section 16.1 General Provisions
(a) All vacations shall be scheduled and taken in accordance with the best interests of
the City and the department or division in which the employee is employed.
(b) An employee shall be eligible to take any accrued vacation upon completion of
six (6) months of service.
(c) The maximum amount of vacation that may be taken at any given time shall be
that amount that has accrued to the employee concerned.
(d) In the event that any recognized holiday occurs during an employee's vacation,
the holiday shall not be charged against the employee's accrued vacation. The
only vacation hours that shall be charged against any employee's accrued vacation
shall be those hours that the employee is regularly scheduled to work.
(e) Paid vacation shall continue to accrue in accordance with the provisions of this
Rule under any period of leave with pay, except that Public Safety employees
who remain on Industrial Accident Leave in accordance with Rule 19 — Industrial
Accident Leave after exhausting State mandated §4850 benefits shall not
accumulate vacation. Employees shall not accrue vacation while on Short -Term
Disability or Long -Term Disability.
Section 16.2 Paid Vacation Accruals: Full -Time Management and Non -Represented Full -
Time Hourlv
16.2.1 Full -Time Management and Non -Represented Full -Time Hourly employees serving
in classifications listed in Appendices A, B and C shall accrue vacation in accordance
with the following provisions:
(a) Paid vacations shall continue to accrue in accordance with the provisions
below during any period of leave with pay.
(b) Employees covered by this rule with an average work week of forty (40)
hours shall receive annual vacation with pay in accordance with the
following provisions:
(1) For the first four (4) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of four (4) hours
for each complete biweekly pay period plus two (2) hours for paid
54
vacation at the close of the final complete biweekly pay period of
each fiscal year (one hundred six (106) hours per year).
(2) Upon completion of four (4) years of continuous, full-time service,
such employees shall accrue paid vacation at the rate of period (one
hundred thirty (130) hours per year).
(3) Upon completion of eight (8) years of continuous, full-time service,
such employees shall accrue paid vacation at the rate of six (6)
hours for each complete biweekly pay period (one hundred fifty-
six (156) hours per year).
(4) Upon completion of fourteen (14) years of continuous, full-time
service, such employees shall accrue paid vacation at the rate of
seven (7) hours for each complete biweekly pay period (one
hundred eighty-two (182) hours per year).
(5) Upon completion of nineteen (19) years of continuous, full-time
service, such employees shall accrue paid vacation at the rate of
eight (8) hours for each complete biweekly pay period (two
hundred eight (208) hours per year).
(6) Upon completion of twenty-four (24) years of continuous, full-
time service, such employees shall accrue paid vacation at the rate
of nine (9) hours for each complete biweekly pay period (two
hundred thirty-four
(234) hours per year).
16.2.2 Full -Time Non -Represented employees serving in classifications included in
Appendix D serving in a 40-hours-per-week schedule shall accrue vacation in
accordance with the following provisions:
(a) Paid vacations shall continue to accrue in accordance with the provisions
below during any period of leave with pay.
(b) Full-time employees covered by this rule with an average work week of
forty (40) hours shall receive annual vacation with pay in accordance with
the following provisions:
(1) For the first four (4) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of five and a quarter
(5.25) hours for each complete biweekly pay period plus two (2)
hours for paid vacation at the close of the final complete biweekly
pay period of each fiscal year (138.5 hours or 17.3 working days per
year).
(2) Upon completion of four (4) years of continuous, full-time service,
such employees shall accrue paid vacation at the rate of six and a
55
quarter (6.25) hours for each complete biweekly pay period 162.5
hours or 20.3 working days per year).
(3) Upon completion of eight (8) years of continuous, full-time service,
such employees shall accrue paid vacation at the rate of seven and
a quarter (7.25) hours for each complete biweekly pay period
(188.5 hours or 23.6 working days per year).
(4) Upon completion of fourteen (14) years of continuous, full-time
service, such employees shall accrue paid vacation at the rate of
eight and a quarter (8.25) hours for each complete biweekly
pay period (214.5 hours or 26.8 working days per year).
(5) Upon completion of nineteen (19) years of continuous, full-time
service, such employees shall accrue paid vacation at the rate of ten
(10) hours for each complete biweekly pay period (260 hours or
32.5 working days per year).
(6) Upon completion of twenty-four (24) years of continuous, full-time
service, such employees shall accrue paid vacation at the rate of
eleven (11) hours for each complete biweekly pay period (286
hours or 35.75 working days per year).
Section 16.3 Maximum Paid Vacation Accumulations
(a) Maximum vacation accumulations for employees covered in Section 16.2.1
employees with an average regular work week of forty (40) hours shall be as
follows (except as provided for in Section 16.1):
(1) For employees accruing vacation at the rate of one hundred six (106)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be two
hundred twelve (212) hours.
(2) For employees accruing vacation at the rate of one hundred thirty (130)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be two
hundred sixty (260) hours.
(3) For employees accruing vacation at the rate of one hundred fifty-six (156)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be three
hundred twelve (312) hours.
56
(4) For employees accruing vacation at the rate of one hundred eighty-two
(182) hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be three
hundred sixty-four (364) hours.
(5) For employees accruing vacation at the rate of two hundred eight (208)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be four
hundred sixteen (416) hours.
(6) For employees accruing vacation at the rate of two hundred thirty-four
(234) hours every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be four
hundred sixty-eight (468) hours.
(b) Maximum vacation accumulations for employees covered in Section 16.2.2
employees with an average regular work week of forty (40) hours shall be as
follows (except as provided for in Section 16.1):
(1) For employees accruing vacation at the rate of five and a quarter (5.25)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be two hundred
and seventy-seven (277) hours.
(2) For employees accruing vacation at the rate of six and a quarter (6.25)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be three
hundred and twenty-five (325) hours.
(3) For employees accruing vacation at the rate of seven and a quarter (7.25)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be three
hundred and seventy-seven (377) hours.
(4) For employees accruing vacation at the rate of eight and a quarter (8.25)
hours for every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be four hundred
and twenty-nine (429) hours.
(5) For employees accruing vacation at the rate of ten (10) hours for every
twenty-six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be five hundred and twenty (520)
hours.
(6) For employees accruing vacation at the rate of eleven (11) hours for
every twenty-six (26) complete biweekly pay periods, the maximum
amount of vacation that may be accumulated shall be five hundred and
57
seventy-two (572) hours.
Section 16.4 Paid Vacation: Full -Time Non -Represented Management
(a) The minimum amount of vacation that may be taken at any given time shall be
one (1) day.
(b) Management employees shall have the number of hours of their regular work
day deducted from their accrued vacation time for each day of vacation taken.
Section 16.5 Paid Vacation: Non -Exempt Non-Rci)re�ented Full -Time Hourly
(a) The minimum amount of vacation that may be taken at any given time shall be
one-half (1 /2) hour. Each non-exempt Non -Represented Full -Time Hourly
employee shall have one-half (1/2) hour deducted from the employee's accrued
vacation time for each one-half (1/2) hour of vacation taken.
Section 16.6 Paid Vacation Payout — Manaaement and Non -Represented Full -Time Hourly
(a) Upon termination, an employee eligible for vacation accrual under Section 16.2
shall be compensated through payroll at the employee's current base rate of pay
for any vacation accrued but not taken. Upon termination, the employee shall be
compensated for the full accrual for the final pay period.
(b) Upon retirement or layoff, in lieu of compensation, the employee may elect to
defer the full accrual into the 457 deferred compensation plan, subject to the
annual maximum amount limitation. If the full accrual exceeds the annual
maximum amount, then any remaining balance shall be paid in cash.
Section 16.6 Accrued Vacation Payments
(a) Any employee eligible for vacation accrual under Section 16.2, with the exception
of those employees identified in Section 16.6(b) below, shall have the ability to be
compensated for accrued vacation hours at any time throughout the year, subject
to the following provisions:
(1) The employee must have used forty (40) hours of vacation during the
previous twelve (12) months;
(2) The employee's vacation balance cannot drop below forty (40) hours as a
result of the request;
(3) The employee's Executive Manager must approve the employee's request
for the vacation pay-off. The City Manager or the City Manager's designee
shall be the approving authority for requests under this provision by
Executive Managers; and
(4) Management employees are not eligible for vacation pay-off as defined in
58
Section 16.9 of this Rule.
(b) Management employees in the classifications of Fire Chief, Fire Division Chief,
Fire Marshal, Fire Battalion Chief - 40 Hour, and Deputy Fire Marshal may
request to be compensated for accrued vacation hours at any time throughout the
year subject to the following provisions:
(1) The employee must have used a minimum of forty (40) hours of vacation
during the preceding twelve (12) months;
(2) The employee's vacation balance cannot drop below eighty (80) hours as a
result of the request;
(3) The Fire Chief or the Chief s designee must approve the respective
employee's request for vacation pay-off. The City Manager or the City
Manager's designee shall be the approving authority for requests under this
provision by the Fire Chief, and
(4) Employees covered under Section 16.10 shall not be eligible for
provisions stated under Section 16.7.
Section 16.7 Paid Vacation Credits
(a) The Human Resources Director may recommend, and the City Manager may
approve, a one-time crediting of the vacation time bank for new hires into
Management classifications for use upon completion of six (6) months in the
position.
(1) For new hires or promotions assigned to Executive, Administrative, or
high level Management positions, the Human Resources Director may
recommend and the City Manager may approve an alternate vacation
accrual rate at the time of hire or promotion.
Section 16.8 Com ensation in Lieu of Paid Vacation: Part -Time Special Classifications
(a) Employees working in the Non -Represented Part -Time classifications listed
below who work eight hundred (800) or more hours in any calendar year shall be
paid three percent (3%) of their gross earnings as vacation benefits. The calendar
year shall be defined as the period for which wages earned are reported for tax
purposes.
Part -Time Assistant Box Office Treasurer
Part -Time Box Office Treasurer
Part -Time Crowd Control Supervisor
Part -Time Guest Services Specialist II
Section 16.9 Administrative Leave
(a) Effective January 7, 2022 and each January I' thereafter, full-time employees serving
59
in classifications included on Appendices A through C shall receive sixteen (16)
hours of administrative leave.
(b) Full-time employees who begin employment after January I' in any calendar year
but on or before June 30th of such calendar year shall receive eight (8) hours of
administrative leave for that calendar year. Full-time employees who begin
employment on July 1st through December 31 st in ay calendar year shall not receive
administrative leave until January lstof the following year.
(c) Administrative leave has no monetary value, cannot be cashed -out and must be used
by the end of the calendar year.
(d) Administrative leave shall be scheduled and taken in accordance with the best
interests of the City and the department or division in which the employee is
employed.
(e) Employees will be eligible to use administrative leave hours upon completion of six
(6) months of service with the City.
(f) Use of administrative leave does not count towards usage criteria for the cash out of
vacation hours pursuant to Rule 16.
Section 16.10 Exce to ions
(a) This Rule does not apply to Management employees with an average work week
of fifty-six (56) hours or to employees serving in the classification of Ambulance
Operator; refer to Rule 18 — Paid Leave.
.E
RULE 17 SICK LEAVE
Section 17.0 Purpose
(a) This Rule describes the provision for Sick Leave usage and accruals for
Non -Represented Full -Time and Part -Time employees and describes disability
eligibility and benefits for full-time employees serving in the Ambulance Operator
classification.
Section 17.1 Sick Leave Accruals
(a) Full-time Management and Non -Represented Full -Time Hourly employees shall
accrue annual sick leave with pay in accordance with the following provisions:
(1) Full-time employees with an average regular work week of forty (40)
hours shall accrue paid sick leave at the rate of three (3) hours for each
complete biweekly pay period. Employees serving in classifications listed
in Appendix D with a regular work week of fifty-six (56) hours are excluded
from sick leave accruals under Section 17.1. Refer to Section 18.1 for Paid
Leave benefits for such employees.
(2) Paid sick leave shall continue to accrue in accordance with the above
provisions during any period of leave with pay, except that Public Safety
employees who remain on Industrial Accident Leave in accordance with
Personnel Rule 19 — Industrial Accident Leave after exhausting State
mandated §4850 benefits shall accumulate no sick leave.
(3) Employees shall not accrue sick leave while on Short -Term Disability or
Long -Term Disability.
(4) An employee requesting sick leave for an absence from work as a result of
any injury or disease, which is compensable under the State of California
Labor Code, after eligibility for Industrial Accident Leave has ended, shall
receive maximum compensation from the City in an amount equal to the
difference between temporary disability payments mandated by the State
of California Labor Code and the employee's regular base rate of pay.
Section 17.2 Sick leave Usa,_e/Deductions
(a) For employees eligible for sick leave accruals under Section 17.1, for each day an
employee is on paid sick leave, the employee's accrued sick leave balance shall be
reduced in an amount equivalent to the number of hours the employee was scheduled
to work on such day..
(b) Management employees eligible for sick leave accruals under Section 17.1 shall take
sick leave in full day increments except only in cases where Family Medical
Leave or Short -Term Disability situations exist.
(1) An employee may, at the employee's option, elect to use vacation time to
61
bridge the period after sick leave is exhausted and prior to Short -Term
Disability commencing.
(c) Non -Exempt Non -Represented Full -Time Hourly employees shall have one-half
(1/2) hour deducted from accrued sick leave time for each one-half (1/2) hour of
sick leave taken.
(1) In the event that an employee becomes ill during working hours and is
placed on paid sick leave prior to the close of the work day, such paid sick
leave shall be calculated to the nearest one-half (1/2) hour.
Section 17.3 Unused Sick Leave Accruals
(a) For employees eligible for sick leave accruals under Section 17.1, sick leave that is
accrued, but not taken, shall be accumulated.
(1) Regular, full-time Management and Non -Represented Full -Time Hourly
employees with an average regular work week of forty (40) hours shall be
paid at their regular hourly rate of pay for all sick leave hours accumulated
beyond one hundred seventy-five (175) hours in each calendar year.
Payment shall be made in January of each year, or upon the
employee's termination of employment for any reason.
ii. A maximum of one hundred seventy-five (175) hours shall carry
over from year to year.
(2) Upon an employee's termination of employment due to retirement or
layoff in accordance with Rule 11 — Layoff, all hours accumulated up to
the maximum of one hundred seventy-five (175) hours that may be carried
over from year to year shall be paid to regular, full-time eligible employees.
(3) Upon retirement or layoff, in lieu of compensation, the employee may
elect to defer the entire accrual into the 457 deferred compensation plan,
subject to the annual maximum amount limitation, or convert up to one
hundred seventy-five (175) hours to PERS service credit.
If the entire accrual shall exceed the annual maximum amount,
then any balance would be paid to the employee.
(4) If an employee dies while employed, the City shall pay to the employee's
beneficiary, as designated by the PERS records, the cash equivalent (paid
at base salary rate) of all hours accumulated up to the maximum of one
hundred seventy-five (175) hours.
Section 17.4 Sick Leave and Holiday Pay
(a) In the event that any paid holiday occurs during a period when an employee
eligible for sick leave accruals under Section 17.1 is on paid sick leave, the
holiday shall not be charged against the employee's accrued sick leave. The only
62
sick leave hours that shall be charged against any employee's accrued sick leave
shall be those hours that the employee is regularly scheduled to work.
Section 17.5 Requirements/Conditions
(a) An employee eligible for paid sick leave under Section 17.1 shall be granted
such leave for the following reasons:
(1) Illness of the employee or physical incapacity of the employee due to
illness or injury.
(2) Enforced quarantine of the employee in accordance with community health
regulations.
(3) Medical and dental appointments during work hours. Use of sick leave for
scheduled medical and dental appointments shall require prior approval of
the employee's supervisor and will be granted in accordance with the best
interests of the City and the employee's department or division.
(4) Temporary disabilities caused by pregnancy and childbirth.
(5) To attend to the illness of the employee's immediate family member.
"Immediate family" means a child, parent, spouse, or registered domestic
partner of the employee regardless of residence. As used in this Rule,
registered domestic partner means that a Declaration of Domestic
Partnership has been filed with the California Secretary of State.
(6) Any and all other reasons as required by law.
(b) Employees eligible for sick leave accruals under Section 17.1 who cannot perform
their assigned duties due to illness or physical incapacity shall inform their
immediate supervisor of the fact and the reason therefore as soon as possible.
Failure to do so within a reasonable time may be cause for denial of sick leave with
pay-
(c) In the event that an employee is absent in excess of three (3) or more consecutive
working days, the employee's Executive Manager or Administrative Manager
may require that the employee submit a written statement by a physician licensed
by the State of California certifying that the employee's condition prevented the
employee from performing the duties of the employee's position. Failure on the
part of the employee to comply with such a requirement may be considered
cause for disciplinary action.
Section 17.6 Short -Term Disability
(a) A Non -Represented Full -Time employee, who has completed six (6) months as a
regular, full-time employee and is continuously totally disabled due to a health
condition for more than one (1) calendar month, may be eligible under the
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terms of the City's program to receive a Short -Term Disability benefit of net
sixty percent (60%) of the employee's base rate of pay, after withholding taxes,
and less deductible benefits.
(1) Such disability benefit shall continue during total disability up to a
maximum of six (6) months, including the thirty (30) day elimination
period, from date of disability.
(2) Payment of Short -Term Disability benefits is contingent upon the
continuation of on -going medical treatment.
(3) Short -Term Disability benefits shall continue beyond sixty (60) and/or one
hundred twenty (120) days of absence only upon submission of a "Report
of Physical Examination" by the treating physician or medical practitioner,
including certification of continuing disability and expected return date.
(4) Deductible benefits include salary or other compensation paid by any
employer; Workers' Compensation Act or similar law including benefits
for partial or total disability, whether permanent or temporary, if benefits
being received are for the current disabling condition; and a pension plan
toward which the City contributed.
(b) Payment of employee premiums shall be waived for any Anaheim sponsored
medical, dental, and life insurance benefit plans during any biweekly pay period
during which Short -Term Disability benefits are paid.
(1) Benefits are not payable unless the employee is regularly seen and treated
by a licensed physician or medical practitioner who certifies the
continuing disability.
Section 17.7 Lonr--Term Disabili r
(a) A Non -Represented Full -Time employee, other than an employee serving in a
classification listed on Appendix D with an average regular work week of fifty-six
(56) hours, who is continuously and totally disabled for more than six (6)
months shall receive Long -Term Disability benefits in accordance with the
provisions of this Rule.
(b) If two (2) or more periods of total disability occur during a specific six (6) month
elimination period for the insured Long -Term Disability plan, all such periods
shall be considered as one (1) period of continuous total disability under the
following conditions:
(1) All periods of total disability must be due to the same cause or causes;
(2) All recurring periods of total disability that qualify as one period of
continuous total disability for the insured Long -Term Disability plan, shall
qualify as one (1) period of continuous total disability for the Anaheim
Disability Plan and shall not require a new one (1) month waiting period
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before Anaheim disability benefits will be paid; and
(3) Commencement of the benefit period for the insured Long -Term Disability
plan shall automatically terminate benefits from the Anaheim Disability
Plan.
Section 17.8 Non -Represented Part -Time Employees and Part -Time Ambulance Operator
Employees
(a) Non -Represented Part -Time Employees, and part-time employees serving in
Ambulance Operator classification shall be provided sick leave in
accordance with applicable law.
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RULE 18 PAID LEAVE
Section 18.0 Purpose
(a) The purpose of this Rule is to describe the provisions for Paid Leave (Vacation
and Sick Leave) usage and accruals for Full -Time employees serving in
classifications listed on Appendix D or E with an average, regular work week of
fifty-six (56) hours.
Section 18.1 Accruals
(a) Full-time employees serving in a classification listed on Appendix D with an
average regular work week of fifty-six (56) hours shall accrue paid leave time in
accordance with the following conditions:
(1) For the first four (4) years of continuous, full-time service, such
employees shall accrue paid leave at the rate of twelve and one-half (12.5)
hours for each complete biweekly pay period (325 hours per year).
(2) Upon completion of four (4) years of continuous, full-time service, such
employees shall accrue paid leave at the rate of thirteen and one quarter
(13.25) hours for each complete biweekly pay (344.50 hours per year).
(3) Upon completion of eight (8) years of continuous, full-time service, such
employees shall accrue paid leave at the rate of fourteen and three
quarters (14.75) hours for each complete biweekly pay period (383.50
hours per year).
(4) Upon completion of fourteen (14) years of continuous, full-time service,
such employees shall accrue paid leave at the rate of sixteen (16.00)
hours for each complete biweekly pay period (416 hours per year).
(5) Upon completion of nineteen (19) years of continuous, full-time service,
such employees shall accrue paid leave at the rate of eighteen and one-
half (18.50) hours for each complete biweekly pay period (481 hours per
year).
(6) Upon completion of nineteen (24) years of continuous, full-time service,
such employees shall accrue paid leave at the rate of nineteen and one-
half (19.50) hours for each complete biweekly pay period (507 hours per
year).
(b) Employees serving in full-time Ambulance Operator classifications shall accrue
paid leave time at the rate of 4.62 hours per pay period. Use of the paid leave time
shall be subject to the following:
(1) An employee may take paid leave upon ninety (90) days of employment for
employee's own health condition or a family member for the diagnosis,
care or treatment of an existing health condition, or other reason provided
under the law. Family member shall include spouse, child, parent, step-
parent, grandparent, or other person as required under state or federal law.
(2) Employees shall be eligible to take paid leave for the purposes of personal
leave upon completion of six (6) months of full-time service. Time for this
purpose will be scheduled in accordance with the best interests of the Fire
Department and upon supervisory approval.
(3) The maximum number of hours an employee shall be eligible to accrue is
one hundred twenty (120) hours. Employees at the maximum accrual shall
not accrue beyond the cap or be eligible for additional pay in -lieu of accrued
time.
(4) Any employee on unpaid leave of absence for forty (40) hours or more per
pay period shall not accrue paid leave time for the pay period.
(5) Paid Leave shall not be eligible to be cashed -out, except upon employee's
separation from employment. Cash -out of paid leave upon separation will
be paid at the base rate of pay.
Section 18.2 General
(a) An employee requesting paid leave time for an absence from work as a result of
any injury or illness which comes under the State of California Workers'
Compensation Insurance and Safety Act, after eligibility for Industrial Accident
Leave has ended, shall receive maximum compensation from the City in an amount
equal to the difference between temporary disability payments mandated by the
State of California Workers' Compensation Insurance and Safety Act and the
employee's regular base rate of pay. This provision (Section 18.2(a)) shall not apply
to employees serving in the classification of Ambulance Operator.
(b) Paid leave time shall continue to accrue in accordance with the above provisions
during any period of paid leave, except that employees who remain on Industrial
Accident Leave after exhausting State mandated §4850 benefits shall accumulate
no paid leave time. Employees shall not accrue paid leave while on Short -Term
Disability or Long -Term Disability. This provision (Section 18.2(b)) shall not apply
to employees serving in the classification of Ambulance Operator.
(c) Paid leave time in excess of three (3) or more consecutive work shifts shall
require the prior authorization of the Fire Chief or a certification from a licensed
medical practitioner that the employee is disabled and unable to work. Paid leave
time for reasons other than illness or injury shall be scheduled and taken in the
best interests of the City and the Fire Department. Failure on the part of the
employee to comply with these requirements may be considered cause for
disciplinary action.
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(d) One (1) hour shall be deducted from an employee's accrued paid leave time for
each one (1) hour of paid leave time taken.
(e) The minimum amount of paid leave time that may be taken at any time is one (1)
hour.
(f) The maximum amount of paid leave time that may be taken at any time shall be
the amount that has accrued to the employee.
(g) An employee who utilizes paid leave time under the provisions of this Rule shall
inform the employee's immediate supervisor of the fact and the reason as soon as
possible and shall ensure that their position is manned in accordance with Fire
Department operating policies.
(h) In the event that an employee leaves work during working hours and is placed on
paid leave time prior to the close of the work day, such paid leave time shall be
calculated to the nearest hour.
Section 18.3 Paid Leave Payout
(a) Paid leave time which is accrued but not taken shall be paid under the following
conditions:
(1) Upon termination, the employee shall be paid for all hours accrued but not
used in excess of two hundred forty-five (245) hours. In the event the
employee retires from City service, Anaheim shall pay all hours accrued
but not used up to a maximum of two hundred forty-five (245) hours.
(2) Upon retirement or layoff, in lieu of compensation, the employee may
elect to defer the entire paid leave accrual into the employee's 457 deferred
compensation plan, subject to the annual maximum amount limitation.
If the entire accrual exceeds the annual maximum amount, then
any balance will be paid in cash.
(3) An employee shall be paid at the employee's regular hourly rate of pay for
all paid leave time/hours accrued but not used in excess of three hundred
fifty (350) hours (or at the employee's option in excess of seven hundred
fifty (750) hours) in each calendar year. Payment shall be made in January
of each year.
(4) An employee may be paid at the employee's regular hourly rate of pay for
all or a portion of paid leave time hours accrued but not used in excess
of two hundred forty-five (245) hours upon submission of a written and
signed request to the Finance Department, Payroll Office. Requests
submitted during any biweekly pay period shall be paid on the payday
for that pay period. A maximum of four (4) such payments shall be
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allowed each calendar year. When requested, such payments may be made
to the employee's Deferred Compensation Account, within limits
established by law.
(5) This Section 18.3 in its entirety shall not apply to employees serving in the
classification of Ambulance Operator.
Section 18.4 Conversion of Paid Leave Balance: Fort' (40) Hour to Fifh•-Six (561 Hour
(a) In the event an employee's work schedule changes from a forty (40) hour
assignment to a fifty-six (56) hour assignment, the paid leave account shall be
established as follows:
(1) Sick leave and vacation hours accumulated shall be added together,
multiplied by the ratio of 56/40 (1.4), and rounded to the next highest
whole hour.
i. In the event an employee's work schedule changes, the
employee's paid leave account shall be credited with one
(1) hour of paid leave for each complete pay period the employee
was assigned to the forty (40) hour assignment, except that there
shall be no credit for time in a forty (40) hour assignment.
(2) The employee's paid leave account shall be credited with the hours
resulting from this calculation and shall be immediately available for use.
(b) This Section 18.4 in its entirety shall not apply to employees serving in the
classification of Ambulance Operator.
Section 18.5 Conversion of Paid Leave Balance: Fifty -Six (56) Hour to Forty (40) Hour
(a) In the event an employee's work schedule changes from a fifty-six (56) hour
assignment to a forty (40) hour assignment, paid leave time accrued but not taken
shall be converted as follows:
(1) Hours in the employee's paid leave time account shall be reduced by
multiplying the balance by the ratio of 40/56 (.7143) and rounded to the
next highest whole hour.
(2) The employee's account balance for sick leave with pay shall be credited
with all hours to a maximum of one hundred seventy-five (175) hours and
shall be available for immediate use.
(3) The employee's account balance for paid vacation shall be credited with
any hours remaining and shall be immediately available for use.
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Section 18.6 Non -Industrial Disability Leaves
(a) Paid leave time shall be used under the provisions of this Rule for absences as the
result of a non -occupational illness or injury for up to ten (10) regularly scheduled
work shifts per occurrence. In the event such an absence exceeds ten (10) regularly
scheduled work shifts, an employee may, at their option, use accrued paid leave
time in lieu of the disability benefit described in Section 18.6(a). When
exercising such an option, the employee shall exhaust all accrued paid leave
time prior to receiving any disability benefit for the remainder of the Short- Term
Disability benefit period.
(b) This Section 18.6 in its entirety shall not apply to employees serving in the
classification of Ambulance Operator.
Section 18.7 Short -Term Disability
(a) An employee who is continuously and totally disabled for more than ten (10)
regularly scheduled work shifts shall be eligible to receive a Short -Term
Disability benefit of net sixty percent (60%) of the employee's base rate of
pay, after withholding taxes and less deductible benefits. Such disability benefit
shall continue during total disability up to a maximum of six (6) months, including
the ten (10) shift elimination period, from date of disability.
(1) Deductible benefits include salary or other compensation paid by any
employer, Workers' Compensation Act, or similar law including benefits
for partial or total disability, whether permanent or temporary, if benefits
being received are for the current disabling condition; and a pension plan
toward which the City contributed.
(2) "Total Disability" means an employee's complete inability to engage in
their regular occupation.
(3) Benefits are not payable unless the employee is regularly seen and treated
by a licensed physician or medical practitioner who certifies to the
continuing disability.
(b) This Section 18.7 in its entirety shall not apply to employees serving in the
classification of Ambulance Operator.
Section 18.8 Long -Term Disabilih-
(a) An employee who is continuously and totally disabled for more than six (6)
months shall receive Long -Term disability benefits in accordance with the
provisions of Rule 17.
(b) This Section 18.8 in its entirety shall not apply to employees serving in the
classification of Ambulance Operator.
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RULE 19 INDUSTRIAL ACCIDENT LEAVE
Section 19.0 Purpose
(a) This Rule describes the parameters under which Industrial Accident Leave is
allowed for full-time Management employees serving in the classifications listed
in Appendix A, B, C and D.
Section 19.1 General
(a) In the event that any eligible employee is absent from work as a result of any
injury or disease which is found to be compensable under the State of California
Labor Code, such absence shall be considered Industrial Accident Leave.
(b) Industrial Accident Leave shall begin on the first (P) day of such absence as
defined in Sectionl9.0.
(1) Industrial Accident Leave shall continue during all absences due to a
single injury, but not to exceed one (1) year of accumulated absence.
(2) Industrial Accident Leave benefits provided by this Rule shall apply to
each injury or disease as defined in Section 19.0.
(3) The effective date of a permanent disability rating as awarded by the
Workers' Compensation Appeals Board ends eligibility for Industrial
Accident Leave for that particular injury or disease.
(4) A written statement from the treating physician that the employee's
condition is "Permanent and Stationary" or separation from City service
ends eligibility for Industrial Accident Leave for that particular injury or
disease.
(5) Industrial Accident Leave for absence due to injury or disease as defined
in Section 19.0 shall be granted to employees only upon presentation of a
physician's certificate of treatment.
Section 19.2 Salary Continuation
(a) Any eligible full-time employee on Industrial Accident Leave shall receive
compensation from the City in an amount equal to the difference between
temporary disability payments mandated by the State of California Labor Code
and the employee's regular base rate of pay.
Section 19.3 Notification
(a) In the event that an employee who has received or is receiving Industrial Accident
Leave benefits files a civil action in state or federal court against a third party for
allegedly causing or contributing to the cause of the employee's injury which
resulted in the absence from work, the employee is required to inform the
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Risk Management Division of such filing.
Section 19.4 Sick Leave Accruals
(a) No employee shall have accrued sick leave deducted while on Industrial Accident
Leave. Vacation and Sick Leave or Paid Leave shall continue to accrue for any
employee on Industrial Accident Leave in accordance with the provisions of Rule
16 — Vacation, Rule 17 — Sick Leave, and Rule 18 — Paid Leave.
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RULE 20 BEREAVEMENT LEAVE
Section 20.0 Purpose
(a) This Rule establishes the circumstances for which the City provides paid
and unpaid protected bereavement leave.
(b) For purposes of this Rule, "Registered Domestic Partner" means that a
Declaration of Domestic Partnership has been filed with the California Secretary
of State.
Section 20.1 Protected Bereavement Leave
(a) Protected bereavement leave may be taken for the death of a spouse, child, step
child, parent, foster parent, stepparent, sibling, grandparent, grandchild, registered
domestic partner, daughter-in-law, son-in-law, or parent -in-law of an employee or
the employee's spouse or registered domestic partner.
(b) Protected bereavement leave may be used at the time a death of a family member
identified in 20.1(a) occurs or within three (3) months of the date of death. Use
of bereavement leave under 20.1(c) need not be taken consecutively.
(c) Employees who have been employed for at least 30 days may use any unused sick,
vacation or other paid leave hours up to a total of five (5) working days for
protected bereavement purposes. If an employee has no sick, vacation, or paid
leave on the books, the employee may utilize leave without pay for these five (5)
days.
(d) The City may require documentation of the death of the family members for which
the employee is requesting protected bereavement leave in accordance with the
law.
Section 20.2 Paid Bereavement Leave
(a) In the event a death occurs of a family member as defined in 20.2 (a)(1) of a full-
time Management employee, the employee shall be granted bereavement leave
with pay for up to a maximum of three (3) consecutive work days.
(1) "Family member" shall be defined for purposes of 20.2(a) as the employee's
spouse or registered domestic partner, as well as a child (including
stillborn), parent, foster parent, stepparent, stepchild, sibling, grandparent,
grandchild, parent -in-law, daughter-in-law, or son-in-law of the employee
or the spouse or domestic partner of the employee.
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RULE 21 MILITARY LEAVE
Section 21.0 Purpose
(a) This Rule prescribes City policy relating to military leave and compensation in
accordance with the provisions of the Military and Veterans Code of the State of
California §389-999.5, the Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA), 38 U.S.C. §4301-4335, and with all federal
provisions (Public Law §93-508).
Section 21.1 Reguirements
(a) An employee requesting leave under this provision shall provide their Department
Head and the Human Resources Department with a copy of the military orders
specifying the date(s), site, and purpose of the activity or mission.
(b) Within the limits of such orders, the Department Head may determine when the
leave is to be taken and may modify the employee's work schedule to
accommodate the request for leave.
Section 21.2 Salary Administration
(a) An employee who is on active duty and has been employed for at least one (1)
year will receive continuation of pay for the first thirty (30) days of military duty.
(b) An employee who is a member of the California National Guard will receive
continuation of regular pay for the first thirty (30) days of active service regardless
of the employee's length of service with the City.
(c) An employee who is on temporary military duty and has been employed for at
least one (1) year or at least one (1) year of combined military/employment
service will receive continuation of regular pay for the first thirty (30) days of duty.
(d) Pay shall not exceed thirty (30) days in any fiscal year.
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RULE 22 JURY DUTY AND COURT APPERANCES
Section 22.0 Purpose
(a) This Rule describes the parameters under which Jury Duty and Court
Appearances are allowed for full-time Management and Non -Represented Full -
Time Hourly employees.
Section 22.1 General
(a) In the event any full-time Management or Non -Represented Full -Time Hourly
employee is duly summoned to any court for the purpose of performing jury
duty, the employee shall receive regular compensation for any regularly
scheduled working hours spent in actual performance of such service.
(1) In the event any fifty-six (56) hour Fire Suppression employee is duly
summoned to any court for the purpose of performing jury duty, such
employee's schedule shall be temporarily converted to a forty (40) hour
schedule and the employee shall maintain the fifty-six (56) hour rate of
pay. If a holiday occurs while the employee is performing jury duty, the
employee shall be charged eleven and two -tenths (11.2) hours of paid leave
for such holiday.
(b) Whenever an employee is duly summoned to appear as a witness, except where
the employee is a litigant or a defendant in a criminal case or any action brought
about as a result of the employee's own misconduct, such employee shall receive
regular compensation for any regularly scheduled working hours spent in actual
performance of such service.
(1) Whenever an employee is summoned to appear as a witness for court
matters within the scope of employment, the employee shall be
compensated in accordance with provisions concerning compensation for
normal performance of duties.
(2) Employees receiving witness fees shall remit such fees to the City
Treasurer in order to be considered at work for payroll purposes during
time spent as such witnesses.
(3) In the event any Fifty -Six (56) Hour Fire Suppression employee is duly
summoned to appear as a witness, except where the employee is a litigant
or a defendant in a criminal case or any action brought about as a result of
the employee's own misconduct, such employee's schedule and pay shall be
as provided in 22.1 (a)(1).
(c) In the event any employee serving as an Ambulance Operator or Part -Time
employee of the City of Anaheim is summoned to any court for the purpose of
performing jury duty, the employee is released from regularly scheduled
working hours during the duration of the jury service and shall not be compensated
for such service.
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RULE 23 UNPAID LEAVE
Section 23.0 Purpose
(a) This Rule describes the provisions of leave without pay for all employees in
classifications covered under these Rules.
Section 23.1 General
(a) Any full-time employee who is absent from work and who is not on leave with
pay shall be considered to be on leave without pay. An employee on leave without
pay shall receive no compensation.
(b) An employee on leave without pay for over forty (40) consecutive hours in a pay
period shall not accumulate vacation or sick leave while on such leave.
Section 23.2 Non -Medical Leave Without Pay
(a) An employee who has a need to be absent from work and who is not eligible for
leave with pay may request to be placed on leave without pay. Under no
circumstances shall such leave exceed six (6) months.
(b) Leave without pay for a period not to exceed forty (40) working hours may be
granted by the employee's Administrative Manager or Executive Manager. For
employees serving in the classification of Ambulance Operator, the Administrative
Manager's authority to grant leave without pay is for a period not to exceed seven
(7) consecutive calendar days.
(c) Leave without pay in excess of forty (40) hours (seven (7) consecutive calendar
days for employees serving as Ambulance Operators) shall require the approval of
the employee's Executive Manager.
(d) An employee on non -medical leave without pay in excess of two (2) complete bi-
weekly pay periods shall be responsible for the full cost of all benefits the
employees is enrolled in.
Section 23.3 Medical Leave Without Pay
(a) In the event that leave without pay is granted to an employee for reasons of illness
or physical incapacity due to illness or injury:
(i) the City shall continue to pay for all health benefit premiums previously
paid for by the City, for a maximum of six (6) complete months.
(ii) The City shall waive the payment of employee contribution to premiums
for any City sponsored medical, dental, and life insurance benefit plans for
a maximum of six (6) months.
(b) An employee may be granted leave without pay not to exceed six (6) months. An
extension of leave without pay beyond six (6) months is permitted only when
leave without pay is granted to an employee for reasons of illness or physical
incapacity and a determination has been made by the Human Resources Director
that return to work is likely.
Section 23.4 Return From Leave
(a) An employee returning to work from leave without pay shall be placed in the
same salary step (or range/hourly rate for management employees) the employee
was in prior to such leave, absent any agreement or imposed disciplinary action to
the contrary.
(1) If such leave was in excess of two (2) complete biweekly pay periods, the
employee's anniversary date for purposes of merit pay increases shall be
changed to conform with the provisions of Rule 4 — Salary Administration
provided that the employee returns to a position in the same job class.
(2) If the employee returns to a position in a lower job class, the salary
step/range status shall be determined in accordance with the provisions of
Rule 13 — Voluntary
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RULE 24 INSURANCE AND PENSIONS
Section 24.0 Purpose
(a) This Rule describes the insurance and pension provisions for employees in
classifications designated as Management, Non -Represented Full -Time Hourly, and
Non -Represented Part -Time, and employees serving in the classification of
Ambulance Operator.
(b) City Council members may elect to participate in the provisions of this Rule.
When a City Council member elects to participate, they shall be treated the same
as other employees unless otherwise stipulated by this Rule.
Section 24.1 General Provisions
(a) The City Council shall set plan rates and employee contributions for City health
and wellness plans annually.
(b) The master contract between the City and plan administrator shall govern in the
event any disputes arise over any matter within a provision of the contract.
(c) Proof of eligibility will be required of all employees enrolled in any City
insurance plan to enroll a dependent.
Section 24.2 Health Insurance
(a) Full-time employees in classifications designated as Management, Non -Represented
Hourly or Ambulance Operator:
(1) The City shall offer prepaid and/or insured health plans recommended by
the Anaheim Health Council and approved by the City Council.
(2) Employees become eligible for coverage on the first (1st) day of the month
following one (1) complete calendar month after hire date.
(3) Employee Contributions:
The employee shall contribute the difference between the City
contribution and the total premium costs.
ii. Employees, who are covered by another health plan including the
dependent spouse of married City employee couples, present proof
of such coverage in order to opt -out of City coverage and receive
one hundred twenty-five dollars ($125) per month in lieu of City
provided health benefits. In the event an employee who has
elected this option loses health coverage for any reason and
notifies the City of such loss within fourteen (14) calendar days,
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the employee may enroll in any City plan when the alternate health
coverage ceases. An employee may re-elect the opt -out option
annually during open enrollment or may enroll in a City plan.
iii. For all medical plans, married City employee couples shall be
allowed only one (1) medical plan and only one (1) dental plan to
cover all family members. Married City employee couples
covered by a single two-party or family plan while both spouses
are employed by the City may elect the opt -out option for the
dependent employee.
(b) Non -Represented Part -Time Employees and Part -Time Ambulance Operator:
(1) Non -Represented Part -Time and Part -Time Ambulance Operator employees
who remain employed and are eligible for work shall be eligible for
health insurance pursuant to the federal Affordable Care Act (ACA).
(2) Non -Represented Part -Time and Part -Time Ambulance Operator
employees become eligible for coverage on the first (P) day of the month
following one (1) complete calendar month after meeting eligibility
requirements in accordance with this Rule.
Section 24.3 Dental Insurance
(a) The City shall sponsor prepaid and/or insured dental plans recommended by the
Anaheim Health Council and approved by the City Council for all full-time Non -
Represented employees.
(b) The City's contribution towards the cost of Dental plans shall be set annually by
the City Council. Employees shall be required to contribute one hundred percent
(100%) of any excess amount over the contribution set by the City Council.
Section 24.4 Life Insurance
(a) Basic Life Group Term Life Insurance for Basic, Dependent, and Supplemental
Life Insurance Coverage:
(1) The City shall make available group term life insurance for basic life,
dependent life, and supplemental life insurance coverage for full-time
employees in classifications designated as Management or Non -
Represented Full -Time Hourly.
(2) The City's dollar contribution to the program and benefits of such
program are specified in the Life Insurance Plan agreed upon by the City
and the City's insurance provider.
(b) Voluntary Accidental Death and Dismemberment Insurance:
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(1) The City shall make available voluntary accidental death and
dismemberment insurance coverage for full-time employees in
classifications designated as Management or Non -Represented Full -Time
Hourly and for City Council members.
(2) The City's dollar contribution to the program and benefits of such
program are specified in the Life Insurance Plan agreed upon by the City
and the City's insurance provider.
(c) Paid -up Life Insurance
(1) Any full-time employee who retires shall receive a Paid -up Life Insurance
Policy, paid for wholly by the City, with a face value of one hundred
dollars ($100.00) for each complete continuous year of service and fifty
dollars ($50.00) for more than six (6) months, but less than a complete
year of service up to a maximum of two thousand dollars ($2,000).
(d) Permanent and Total Disability Life Insurance
(1) Full-time employees who are permanently and totally disabled shall
receive a waiver of premium for life insurance coverage elected prior to
the disability.
(2) Waiver of premiums and continuation of coverage will continue as
specified in the Life Insurance Plan agreed upon by the City and the City's
insurance provider.
(e) Employees serving in the classification of Ambulance Operator shall not be eligible
for benefits provided under Section 24.4.
Section 24.5 Pension and Deferred Compensation
(a) California Public Employee's Retirement System (CalPERS): For the purpose of
Section 24.5, employees whose PERS membership began prior to January 1, 2013
are designated "Classic" members and those employees whose PERS membership
began on or after January 1, 2013 are designated as Public Employees' Pension
Reform Act (hereinafter, "PEPRA") members.
(1) Full-time Management, Non -Represented Full -Time Hourly, and
Ambulance Operator employees immediately become members of
CalPERS in accordance with the contract between the City and CalPERS
and subject to the California Public Employees' Retirement Law
(hereinafter, "PERL").
(2) Non -Represented Part -Time employees and employees serving part-time in
the classification of Ambulance Operator working an average of thirty (30)
hours per week on an ongoing basis or who work more than one thousand
(1,000) hours in any given fiscal year may be eligible to become members
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of PERS in accordance with and subject to the exclusions in the contract
between the City and PERS and subject to PERL.
(3) Eligible employees serving in a classification listed in Appendices A, B, E,
and F are considered Miscellaneous members in accordance with PERL.
Employees who are "Classic" PERS members as defined by
PERL shall be enrolled in the Ca1PERS defined benefit plan of
2.7% at 55 and shall contribute the statutory eight percent (8%)
member contribution rate for this benefit. .
(a) A portion of the employer rate shall be paid by the
employee. The employee contribution to the employer rate
shall be four percent (4%).
ii. Employees who are PEPRA members as defined by PERL shall be
enrolled in the Ca1PERS defined benefit plan of two percent at 62
(2% @ 62) and shall contribute the minimum member rate
determined by Ca1PERS in accordance PERL. .
(4) Safety Plan Employees assigned to the Fire Safety Management Unit,
Appendix D classifications
i. Employees who are "Classic" CalPERS members as defined by
PERL and were hired prior to January 10, 2012 are enrolled in the
Ca1PERS defined benefit plan of three percent at fifty (3% @ 50)
and shall contribute the statutory nine percent (91/6) member
contribution rate for this benefit.
(a) A portion of the employer rate shall be paid by the
employee. The employee contribution to the employer rate
shall be three percent (3%).
ii. Employees who are "Classic" Ca1PERS members as defined by
PERL and are hired on or after January 10, 2012, shall be enrolled
in the Ca1PERS defined benefit plan of two percent at fifty (2% @
50) and shall contribute the statutory nine percent (9%)
m e m b e r contribution rate for this benefit.
(a) A portion of the employer rate shall be paid by the
employee. The employee contribution to the employer
contribution rate shall be three percent (3%).
iii. Employees who are PEPRA members as determined by PERL shall
be enrolled in the Public Employee's Retirement defined benefit
plan of 2.7% at 57 and shall contribute the minimum rate determined
by Ca1PERS in accordance with PERL for this benefit.
81
(5) Safety Plan Employees assigned to the Police Safety Management Unit,
Appendix C classifications
i. Employees who are "Classic" PERS members as defined by PERL
shall be enrolled in the Ca1PERS defined benefit plan of three
percent at fifty (3% @ 50) and shall contribute the statutory nine
percent (9%) member contribution rate this benefit.
(a) A portion of the employer rate shall be paid by the
employee. The employee contribution to the employer
contribution rate shall be three percent (3%).
ii. Employees, who are PEPRA members as defined by PERL shall be
enrolled in the CAPERS defined benefit plan of 2.7% at 57 and
shall contribute the minimum rate determined by CAPERS in
accordance with PERL .
(b) Deferred Compensation Plan for employees not covered by PERS
(1) Non -Represented Part -Time employees and part-time employees
serving in the classification of Ambulance Operator who are not
eligible to enroll in PERS are mandatorily enrolled in the City's deferred
compensation plan in accordance with the Deferred Compensation Plan
document.
(2) Employees mandatorily enrolled in the plan shall contribute seven and
one-half percent (7 %2%) of their gross pay.
(c) Employees hired with compensation limits that exceed the maximums reportable
to CalPERS, shall participate in a supplemental savings plan established by the
City pursuant to Resolution No. 2010-079.
Section 24.6 Retirement Health Savings Plan
(a) The City established the Retirement Health Savings plan to provide for
reimbursement of eligible medical expenses as defined by the Retirement Health
Savings plan document.
(b) Full-time Management and Non -Represented Full -Time Hourly employees shall
be enrolled in the City's Retirement Health Savings plan.
(1) The City shall contribute two percent (2%) of each employee's base pay
to the applicable employee's individual member account.
(2) The employee shall contribute one percent (1%) of gross pay to the
employee's individual member account.
82
(c) There are no vesting requirements for contributions made to an employee's
individual member account.
(d) Employees serving in the classification of Ambulance Operators are not eligible
to participate in the Retiree Health Savings Plan
83
RULE 25 MISCELLANEOUS BENEFITS AND SERVICE AWARDS
Section 25.0 Purpose
(a) This Rule describes additional benefits, not previously noted in other Rules,
which are provided to particular groups of employees.
Section 25.1 Miscellaneous Benefits
(a) Executive Management and certain Administrative Management classifications as
designated in the Salary Resolutions are eligible to receive either a City -owned
vehicle or an automobile allowance in an amount approved by City Council.
(b) Uniformed personnel of the Police and Fire Departments and certain other
designated personnel shall be furnished uniforms in accordance with regulations
established by the City Manager.
(c) Service awards shall be presented to Full -Time Management and Non -
Represented Full -Time employees for:
(1)
Five (5) years of service
(2)
Ten (10) years of service
(3)
Fifteen (15) years of service
(4)
Twenty (20) years of service
(5)
Twenty-five (25) years of service
(6)
Thirty (30) years of service
(7)
Thirty-five (35) years of service
(8)
Forty (40) years of service
(d) Such service awards shall also be presented to any eligible full-time employee
in the classified service upon retirement.
(e) For purposes of this Rule, the term "years of service," shall be defined as
continuous, full-time service.
84
RULE 26 PAYROLL DEDUCTIONS
Section 26.0 Purpose
(a) The purpose of this Rule is to identify the deductions from wages which are
authorized for the convenience of employees.
(b) Deductions of authorized amounts may be made from employee's pay for the
following purposes:
(1) Federal, State, and Medicare tax withholding;
(2) Contribution to retirement benefits, including retiree health savings;
(3) Contribution to survivors' benefits;
(4) Payment of life insurance and accidental death and dismemberment
insurance premium;
(5) Payment of non -industrial disability insurance premium;
(6) Payment of hospitalization and major medical insurance premium;
(7) Contributions to the City Employees Annual Charities Fund Drive;
(8) Payment of Personal Computer Purchase Program Loan;
(9) Payment of Tuition Assistance;
(10) Payment of Deferred Compensation Loans; and
(11) Other purposes as may be authorized by the City Council
(c) All employees must make and maintain arrangements for the direct deposit of
paychecks into the financial institution of their choice via electronic fund transfer.
85
RULE 27 POST -OFFER MEDICAL AND PHYSICAL EXAMINATIONS
Section 27.0 Purmose
(a) This Rule establishes provisions for employment -related medical and physical
examinations.
Section 27.1 Genera
(a) In order to be eligible for employment with the City, candidates shall be required
to pass a medical evaluation, the character of which is in accordance with the
standards established by the Human Resources Director.
(b) In order to be eligible for promotion or transfer to a job class in a category
requiring substantially different physical qualifications than the employee's
present job class, such employee must pass the appropriate medical examination.
(c) All physical and medical examinations required under the provisions of this Rule
shall be performed by a physician in active practice licensed by California State
Law and within the scope of physician's practice as defined by California State
Law.
(1) Exceptions to the provisions of Section 27.1(c) may be made only in the
case of out-of-state candidates for employment. In such cases, the
physician performing the examination may be a physician licensed by the
state in which the candidate resides.
(d) The City shall pay for any physical and medical examination required under the
provisions of this Rule.
Section 27.2 Annual Medical Examinations
(a) Members of the City Council, City Manager, City Attorney, City Treasurer, City
Clerk, Executive Managers, and Administrative Managers may undergo a medical
examination once a year. Middle Managers or other employees as designated by
the City Manager may undergo a medical examination in accordance with
guidelines established by the City Manager.
Section 27.3 Return to Dutv Examinations
(a) Any full-time Management, Non -Represented Full -Time Hourly, Non -Represented
Part -Time employee, or employee serving in the classification of Ambulance
Operator, who returns to work after an absence in excess of forty (40) consecutive
working hours due to illness or physical incapacity or who has been removed from
the workplace under provisions of Administrative Regulation 277, may be required
by the employee's Executive Manager to undergo a medical examination prior to
returning to work.
(b) Any employee who fails to pass a medical examination required under the provisions
86
of this Rule may be transferred or demoted to a position requiring lesser physical
qualifications, recommended for disability retirement, or terminated.
87
RULE 28 GRIEVANCE PROCEDURE
Section 28.0 Purpose
(a) The purpose of this Rule is to provide an orderly, peaceful means for
Management, Non -Represented Full -Time Hourly, and Non -Represented Part -
Time employees to resolve disputes or conflicts.
Section 28.1 Scone
(a) Any alleged improper treatment of an employee, any alleged violations of the
Personnel Ordinance or the Personnel Rules, or any alleged violation of
commonly accepted safety practices and procedures shall be considered to be a
matter subject to review through the Grievance Procedure.
(1) Alleged improper treatment of an employee shall be considered to be a
matter subject to review up to and including Step II of the Grievance
Procedure.
(2) Any alleged violation of the Personnel Ordinance or Personnel Rules; any
alleged violation of commonly accepted safety practices and procedures;
or any discipline imposed under the provisions of Rule 10 — Salary
Reduction, Suspension, Demotion, and Dismissal shall be considered to be
matters subject to review through the Grievance Procedure up to and
including Step III thereof.
(3) In those instances where discipline is imposed other than salary step
reduction, suspension, demotion, or dismissal, an employee may submit a
written request for a review of the disciplinary action through an
"Administrative Review Procedure."
Administrative Review Procedure:
The written request must be submitted to the Human Resources
Department within fourteen (14) calendar days after receipt of
notice by the employee of the disciplinary action. The Department
Head under which the discipline was administered shall conduct an
administrative review within fourteen (14) calendar days of
submission of the written request.
The Department Head shall review the disciplinary action and may
affirm, reverse, or modify, as deemed appropriate, the disciplinary
action. The Department Head's determination shall be delivered in
writing within fourteen (14) calendar days after the administrative
review. The Department Head's determination shall be final and
binding.
88
Section 28.2 Representation
(a) No supervisor shall be represented in grievance matters by an employee whom
they may supervise.
(b) No employee shall be represented in grievance matters by a supervisor for whom
they may work.
Section 28.3 Grievance Procedure -Internal
(a) Step I: An attempt shall be made to address all grievances on an informal basis
between the employee and a supervisor in the employee's chain of command, up
to and including the employee's Administrative Manager, within seven (7)
working days after the occurrence of the incident involved in the grievance.
(1) The Administrative Manager shall deliver an answer to the employee
within seven (7) working days after submission of the grievance to
him/her.
(2) Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by an appropriate Administrative
Manager from that department.
(b) Step II: If the grievance is not satisfactorily resolved at Step 1, it shall be submitted
in writing to the employee's Executive Manager within seven (7) working days
after the Step I response is received by the employee.
(1) The Executive Manager shall meet with the employee within ten (10)
working days after submission of the grievance to Step II.
(2) The Executive Manager shall review the disposition of the grievance made
at Step I and may affirm, reverse, or modify it, and shall deliver an
answer to the employee within seven
(7) working days after said meeting.
(3) Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by the Executive Manager from that
department.
Section 28.4 Arbitration
(a) Grievances alleging violations of the Personnel Ordinance or Personnel Rules;
any alleged violation of commonly accepted safety practices and procedures; or
any discipline imposed under the provisions of the Rule 10 — Salary Reduction,
Suspension, Demotion, and Dismissal that are not satisfactorily resolved at Step II
shall be submitted to arbitration.
89
(1) In order to request arbitration, the grievant shall serve written notice to the
Human Resources Director and/or Employee Relations Manager
specifying the grievance to be submitted.
(2) Submission must occur within thirty (30) days after the Executive
Manager's answer is received by the grievant.
Failure by the grievant to request arbitration within thirty (30) days
of receipt of the Step II response will conclusively be deemed
abandonment of the right to arbitration.
(3) Within sixty (60) days thereafter, the parties shall attempt to agree to the
issue to be submitted for arbitration and select the arbitrator.
If an employee submits for arbitration for receiving any discipline
imposed under the provisions of Rule 10 — Salary Reduction,
Suspension, Demotion, and Dismissal, the following language
shall be submitted to an arbitrator: "Was (name of employee)
(suspended, demoted, or dismissed) for good and sufficient cause?
If not, what shall the remedy be?"
ii. If an employee refuses or fails to participate in the selection of the
arbitrator, the City shall select an arbitrator.
(4) Failure to take action to compel arbitration within ninety (90) days of the
date the grievant submits the request to arbitrate will conclusively be
deemed abandonment of the right to compel arbitration.
(5) The arbitrator will be requested by the parties to render a decision in writing
as quickly as possible but in no event later than sixty (60) days after the
conclusion of the hearings or filing of closing briefs, if applicable, unless
the parties agree otherwise.
(6) All administrative expenses of arbitration shall be borne by the City.
Administrative expenses shall include: the arbitrator's fee; costs for a
court reporter and transcripts from the hearing; and rental of any facilities
to conduct the arbitration.
(7) Administrative fees shall not include any costs or fees related in any
manner to the representation of the grievant at the arbitration or otherwise.
(b) Final & Binding Arbitration: If the grievant affirmatively agrees in writing,
to final and binding arbitration, it shall be submitted to an impartial arbitrator.
The arbitrator's award shall be final and binding on both parties and shall be
consistent with and controlled by the City Ordinance, Personnel Rules, Charter,
and the laws and Constitution of the State of California. The standards of review
of the arbitrator's final and binding award shall be in accordance with California
A
Code of Civil Procedure § 1285.
(c) Advisory Arbitration: If the grievant rejects final and binding arbitration, it shall
be submitted to an impartial arbitrator for an advisory award. The arbitrator's
award shall be submitted to the City Manager for a final determination and shall
not be binding on either party. The City Manager may affirm, reverse, or modify
the impartial arbitrator's advisory award, and the City Manager's decision shall
be final and binding on the parties. The standards of review of the City Manager's
final decision shall be in accordance with California Code of Civil Procedure
§ 1094.5.
Section 28.5 Arbitration Awards
(a) An employee who has been suspended, demoted, or dismissed may be reinstated
to the employee's position as a result of a successful appeal through the grievance
procedure. In the event of such reinstatement, the employee shall be returned to
the former status of employment, including reinstatement of seniority and
accrued fringe benefits.
(1) In such cases, the City Manager, has discretion to order the payment of
back pay to a reinstated employee in any amount up to payment for the full
period of time involved.
(b) In implementing an arbitrator's final and binding award, the City Manager shall
order the payment of back pay to a reinstated employee in the amount provided in
the arbitrator's award.
(1) Any earnings of the reinstated employee from other employment during
a period of suspension shall be deducted from the amount of back pay
ordered by the City Manager unless contrary to the provisions of an
arbitrator's award.
(c) In the event of an Advisory Arbitration Award, the City Manager, has
discretion to may order the payment of back pay to a reinstated employee in any
amount up to the payment for the full period of time involved. It shall be
conclusively presumed that there shall be no award of back pay to a reinstated
employee unless specifically set forth in the written order of the City Manager.
(1) Any earnings of the reinstated employee from other employment during
his/her period of suspension shall be deducted from the amount of back
pay ordered by the City Manager unless contrary to the provisions of the
City Manager's written order.
Section 28.6 Time Limils
(a) Any grievance not presented and/or carried forward by the employee within the
time limits specified in Section 28 shall be deemed null and void; provided
however, the employee and the City representative may agree to extend said time
limits.
91
Section 28.7 Exceptions
(a) Any adoption, deletion, or review of City policy as may be suggested or
recommended by an employee shall not be considered to be a matter subject to
review through the grievance procedure.
(b) The provisions of this Rule shall not apply to employees in classifications
designated exempt in accordance with Section 1.2 (b) of these Rules.
92
RULE 29 POST RETIREMENT MEDICAL BENEFITS
Section 29.0 Purpose
(a) This Rule establishes requirements and parameters for post -retirement medical benefits for
retired Miscellaneous and Safety employees.
(b) An employee (as defined in this Rule) who serves in one (1) or more additional positions also
eligible for benefits under this Rule, shall be entitled to a single benefit hereunder.
(c) Miscellaneous and Safety employees who are receiving a post -retirement medical benefit from
the City shall continue to receive such benefits in accordance with the post -retirement medical
benefits provisions that were in effect at the time of their retirement.
Section 29.1 Benefit Requirements
(a) Regular, full-time employees (Miscellaneous and Safety) covered by this Rule who are enrolled
as a subscriber in a City -sponsored health plan at the time of separation from Anaheim service
shall be eligible to participate in any City sponsored health plan (medical and dental) as a retiree
subject to the following terms and conditions:
(1) The employee must be credited with at least five (5) years of continuous, full-time City
service on the date of retirement, and
(2) The employee must have been awarded a retirement from PERS as the reason for
separation from City service, and
(3) PERS retirement benefits must commence no later than the first (1 ") day of the month
following the date of separation from City service, or
(4) The employee must have been awarded a disability retirement (Ordinary or Industrial)
from PERS as the reason for separation from Anaheim service.
(5) An employee who has completed twenty (20) consecutive years of service with Anaheim
as a certified Firefighter or Sworn Police Officer and who has prior service as a certified
Firefighter or sworn Police Officer with another California Fire Agency or Law
Enforcement Agency shall receive up to three (3) years of additional service credit for
the purpose of calculating Anaheim's contribution towards post -retirement medical
benefits. Fire Safety Management employees who have completed five (5) or more
years of continuous full-time City service and who terminate employment with the City
and are subsequently reinstated within three (3) years of their date of separation shall be
credited with prior service for the purpose of calculating continuous full-time City
service upon completion of all of the vesting requirements of Section 29.2.
Section 29.2 Contributions
(a) For all regular, full-time employees hired prior to January 1, 1996 who meet the requirements
for participation in any City sponsored health plan as a retiree, the City shall provide separate
93
contributions towards the premium costs of the City sponsored medical and/or dental plans
elected by the employee according to the following schedule:
(1) Notwithstanding Section 29.2(a) above, the City shall provide separate contributions
towards the premium costs of the City sponsored medical and/or dental plans in
accordance with Section 29.2 for full-time Safety Management employees in the Fire
Department, who were hired between January 1, 1996 and November 9, 2001 into a
classification represented by the Anaheim Firefighters Association (AFA), who are
otherwise eligible to participate in any ANAHEIM sponsored health plan as a retiree
pursuant to ARTICLE 53.2 of the Memorandum of Understanding between the City of
Anaheim and AFA, and who promote out of an AFA classification directly into a full
time Safety Management classification.
(2) Notwithstanding Section 29.2(a) above, the City shall provide separate contributions
towards the premium costs of the City sponsored medical and/or dental plans in
accordance with Section 29.2 for full-time Safety Management employees in the Police
Department, who were hired between January 1, 1996 and July 6, 2001 into a
classification represented by the Anaheim Police Association (APA), who are otherwise
eligible to participate in any ANAHEIM sponsored health plan as a retiree pursuant to
ARTICLE 57.6 of the Memorandum of Understanding between the City of Anaheim
and APA, and who promote into a full-time Safety Management classification.
(3) For service retirements, the contributions shall be a percentage of the annual
contributions made by Anaheim on behalf of active employees, the percentage equal to
one and one-half (1 11/2) times the miscellaneous two percent at sixty (2% @ 60) PERS
retirement schedule to a maximum contribution of ninety-five percent (95%) based on
the employee's age at retirement and City service accrued through December 31, 2005.
City service shall be calculated to the nearest complete one -quarter (1/4) year.
(4) The percentage shall be one and two -tenths (1.2) times the two percent at fifty (2% @
50) Local Public Agency Safety Public Employees' Retirement System retirement
schedule for employees in classifications assigned to the Safety retirement group. Such
percentage shall not exceed ninety-five percent (95%) and shall be based on the
employee's age and consecutive years of City service at the time of retirement. City
service shall be calculated to the nearest complete one quarter (1/4) year.
(5) For Disability Retirements, the contribution shall be a percentage of the annual
contributions made by Anaheim on behalf of active employees, the percentage equal to
two percent (2%) for each year of service to a maximum contribution of ninety-five
percent (95%) based on the employee's consecutive years of City service for Safety and
on City service accrued through December 31, 2005 for Miscellaneous. City service
shall be calculated to the nearest complete one quarter (1/4) year.
(6) In the event an employee is eligible for both a Service and a Disability Retirement
benefit under this Rule, the employee shall receive the Service Retirement benefit.
(7) The Anaheim contribution shall be based on the Two -Party or Family rate only for those
employees who properly enroll a dependent spouse or registered domestic partner and/or
other family members prior to retirement and shall continue only as long as the retiree
maintains coverage for such dependents in City sponsored health plans. Nothing in this
Rule shall prevent a retiree from properly enrolling new dependents at the retiree's cost.
Section 29.3 Health Plans
(a) The following conditions shall apply to all retirees (Miscellaneous and Safety) who are
participating in City sponsored health plans:
(1) Retirees shall be required to enroll in Medicare Parts A and B upon establishing
eligibility. Failure to enroll when eligible will result in cancellation of coverage.
(2) The full value of any Medicare credits provided to the City or Medicare surcharges
imposed on the City by virtue of a retiree's participation or non -participation in
Medicare shall be passed on to the retiree in the form of reduced or increased premium
costs.
(3) The surviving spouse or registered domestic partner of the retiree may continue
coverage under the same terms and conditions provided that the surviving spouse or
registered domestic partner was properly enrolled at the time of the employee's
retirement and that dependent coverage was continuously maintained during the
employee's retirement.
(4) Once cancelled for any reason, coverage shall not be reinstated.
(5) Coverage shall be cancelled for non-payment of fees after three (3) months in
arrears.
(6) There shall be "Coordination of Benefits" where other insurance exists.
(7) Retirees may change plans and add dependents only during an open enrollment period,
except that the surviving spouse or registered domestic partner of a retiree may not enroll
a new spouse or registered domestic partner.
Section 29.4 Exemptions
(a) This Rule shall not apply to employees serving in the classification of Ambulance Operator.
95
APPENDIX A - EXECUTIVE
EFFECTIVE DULY 219 2023
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE
TITLE
MINIMUM
LOWER
THIRD
UPPER
THIRD
CONTROL
MAXIMUM
041
Assistant Cite Manager
192.368
224,429
256.491
288.552
317.407
425
Chief of Police
192.368
224,429
256.491
288.552
317A07
105
tCile Attorney
192.368
224.429
256.491
288.552
317A07
107
City Clerk
153.895
179,544
205,193
230,842
253,926
111
City Manager
211,605
246,872
282.140
317,407
349,148
113
Cit3 Treasurer
123.116
143.635
164.155
184.674
203.141
M50
Communit% Services Director
153.895
179,544
205.193
230 842
253.926
OOA
IDepuiN Cih Manager
174.880
204.027
233.173
262,320
288,552
265
Economic Development Director
153.895
179.544
205.193
230.842
253.926
228
Executive Director of Community Development
153,895
179,544
205,193
230,842
253,926
M47
Executive Director of Convention, Sports
&Entertainment
153,895
179,544
205,193
230,842
253,926
235
Finance Director
153,895
179,544
205.193
230.842
253.926
245
Fire Chief
174.880
204,027
233.173
262.320
288.552
413
Human Resources Director
153.895
179,544
205,193
230.842
253.926
181
Planning and Building Director
153.895
179.544
205.193
230.842
253,926
H52
Public Works Director
153.895
1 179.544
205.193
230,842
253.926
M49
ISPecial Projects Director
153.895
179.544
205.193
230.842
253,926
669
Utilities General Manager
211.605
246.872
281140
317.407
349.148
PART-TIME CLASSIFICATION HOURLY RANGES
TITLE
CODE
TITLE
MINIMUM
LOWER
THIRD
UPPER
THIRD
CONTROL
MAXIMUM
J03
PT Chief of Police
84.08
98.09
112.10
126.12
138.73
S67
PT Cit • Clerk
73.99
86.32
98.65
110.98
122.08
S96
PT De uti Cite Manager
1 84.08
1 98.09
1 112.10
126.12
138.73
R81
PT Human Resources Director
73.99
86.32
98.65
110.98
122.08
B16
IPart Time Special Projects Director
73.99
86.32
98.65
110.98
1 122.08
APPENDIX B - NON -REPRESENTED NON -SWORN MANAGEMENT
EFFECTIVE SEPTEMBER 1, 2023
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE:
..CODE_
TITLE
MINIMUM
80%e .,
MARKET
1000
CONTROL
1.10%
MAXIMUM
120°10
233
Chief Assistant Citv Attome,, - Civil
164„078
205.097
225.607
246,116
179
Chief Policy Advisor to the Mai or
95,932
119,915
131,907
143,898
232
Deputy City Attorney IV - Confidential
141,736
177;170
194,887
212,604
AD3
De utv Human Resources Director
134.986
168,733
185.606
202,480
240
Em lo\ ee Relations Analyst 1
64,931
81.164
89,280
97,397
241
Emplog ee Relations Analyst II
78.924
98,655
108,521
118.386
152
Em lovoe Relations Manauer
122„437
153.046
168,351
183-655
274
Executive Coordinator
71,586
89,483
98A31
107,380
252
Human Resources Business Systems
Administrator
95,932
119,915
131,907
143,898
266
Management Assistant I - Employee
Relations
58,894
73,618
80,980
88,342
270
Management Assistant II - Employee
Relations
64,931
81,164
89,280
97,397
159
Personnel Services Manager
122,437
153,046
168,351
183,655
250
Principal Fni lovee Relations Anal-. st
105,766
132,207
145.428
158.648
243
Senior Employee Relations Analyst
91.364
114,205
125,626
137,046
NON -REPRESENTED FULL-TIME HOURLY CLASSIFICATION HOURLY RANGES
TITLE
CODE,
TITLE
GRADE'
IMIN
STEP
MAX
STEP
MIN
HOURLY
I MAX
HOURLY
286
Executive Secretary -Employee Relations
F1230
1 4
9
28.72
1 36.66
PART-TIME CLASSIFICATION HOURLY RANGES
TITLE
CODE
TITLE
MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
B60
PT Employee Relations Mana er
58,86
73.58
80.94
88.30
97
APPENDIX C - NON -REPRESENTED POLICE MANAGEMENT
EFFECTIVE JULY 89 2022
INCORPORATING 3.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE
TITLE
MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
N29
Corrections Facility Mana-,er
101.313
126.641
139.305
151.969
N26
De uivChief ofPolice
184.231
230.289
253.318
276.347
PART-TIME CLASSIFICATION HOURLY RANGES
TITLE
CODE
TITLE
IPT
MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
S12
Deputy Chief of Police
88.57
110.72
121.79
132.86
98
APPENDIX D - NON -REPRESENTED FIRE MANAGEMENT
EFFECTIVE DUNE 239 2023
INCORPORATING 3.5% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE
TITLE
MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
731
Deputy Fire Chief
179,484
224,355
246,791
269,226
732
Fire Battalion Chief
152,752
190,940
210,034
229,128
H82
Fire Battalion Chief - 40 hrs
160,390
200,487
220,536
240,584
218
Fire Division Chief
164,209
205,261
225,787
246,313
PART-TIME CLASSIFICATION HOURLY RANGES
TITLE
CODE
TITLE
MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%.
B68
Part Time Deputy Fire Chief
86.29
_
107.86
118.65
129.44
B05
Part Time Fire Battalion Chief
77.11
96.39
106.03
115.67
EFFECTIVE JUNE 219 2024
INCORPORATING 3.5% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE
TITLE
MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
731
De ut4 Fire Chief
185,766
232,207
255,428
278,648
732
Fire Battalion Chief
158,098
197,623
217,385
237,148
H82
Fire Battalion Chief - 40 hrs
166,003
207,504
228,254
249,005
218
Fire Division Chief
169,956
212,445
233,690
254,934
PART-TIME CLASSIFICATION HOURLY RANGES
TITLE
MINIMUM
MARKET
CONTROL
MAXIMUM
CODE
TITLE
80%
100%
110%
120%
B68
Part Time De ut Fire Chief
89.31
111.64
122.80
133.97
B05
Part Time Fire Battalion Chief
79.81
99.76
109.74
119.71
99
APPENDIX E - AMBULANCE OPERATOR
EFFECTIVE DECEMBER 23, 2022
TITLE
CODE
TITLE A
GRADE
MIN
STEP
MAX
STEP
MIN
HOURLY
MAX
HOURLY
264
Ambulance Operator
G1000
1
3
18.00
19.10
B69
PT Ambulance Operator
G1000
1
3
18.00
19.10
100
APPENDIX F - NON -REPRESENTED PART-TIME CLASSIFICATIONS
EFFECTIVE SEPTEMBER 1, 2023
*Unit: 97-PT UNREP Event I 99-PT UNREP 4 98-PT UNREP with Full -Time Equivalent
TITLE
CODE
TITLE
GRADE
MIN
STEP
MAX
STEP
MIN
HOURLY
MAX
HOURLY
UNIT*
C22
Crowd Control Supervisor
PE120
9
9
16.16
16.16
97
C47
Assistant Box Office Treasurer
PE150
9
9
18.86
18.86
97
C46
Box Office Treasurer
PE160
9
9 1
20.24
20.24
97
C90
Conv Ctr Relief Events Supervisor
PE170
9
9
21.84
21.84
47
954
Administrative Intern I
P1000
2
9
15.50
15.50
99
B22
Fire Cadet
P 1020
7
9
18.00
19.10
99
803
Law Clerk
P1040
5
9
16.20
19.69
99
R36
Administrative Intern II
P 1050
1
9
1 15.50
20.04
99
991
Office Assistant
P1400
1
9
15.50
15.50
99
990
General Services Worker
P1410
7
9
15.50
15.50
99-
P50
SCBA Maintenance/Repair Specialist
P1440
5
9
20,51
24.93
99
843
Police Reserve Level
P1500
9
9
25.20
25.20
99
J97
Parking Citation Hearing Officer
P 1510
7
9 1
29.71
32.76
99
853
Police Reservist Special
P1520
9
9
36.79
36.79
99
P44
Police Reserve Level II
P 1600
9
9
15.50
15.50
99
840
Recreation Leader II
P1700
9
1 12
16.50
17.25
99
841
Recreation Leader I
P 1710
9
12
15.50
16.25
99
R92
Public Education Program Assistant
P 1750
7
9
17.40
19.18
99
P37
Park Programs Coordinator
P1760
4
9
17.26
22.03
99
K44
TMC Event Systems Operator
P 1900
4
9
20.32
25.93
99
R51
EMS -RN
P2000
7
9
44.70
49.28
99
BO1
Security Systems Technician
P4000
4
9
24.11
30.77
99
B 13
City Council Aide I
PX 100
n/a
n/a
17.05
19.17
99
B 14
City Council Aide II
PX 110
n/a
n/a
19.45
24.93
99
P0'8
Recreation Class Instructor
PX130
n/a
n/a
15.50
50.00
99
B26
Part Time Emergency Management Officer
PX140
n/a
n/a
15.50
70.00
99
B 15
Senior Policy Aide
PX300
n/a
n/a
33.35
45.86
99
*
footnote
below
See footnote below for other Non -Rep P/T
Refer to Rule 3, Section 3.1(a)(2) for compensation rules for employees hired to work in any Non -
Represented Part -Time classification with a full-time equivalent.
101
APPENDIX G - SALARY RELATIONSHIPS
Police Reserve Level I
Parking Citation Hearing Officer............................................1.300 x Police Reserve Level I
Police Reservist Special ...................................................... 1.460 x Police Reserve Level I
Police Reserve Level II....................................................................... Minimum Wage
Recreation Leader I........................................................................... Minimum Wage
Recreation Leader II..............................................................1.0610 x Recreation Leader I
102
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2023-078 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 29t' day of August. 2023 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and
Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 202 1 day of September, 2023.
A
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)