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RES-2007-096RESOLUTION NO. 2007 096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CERTAIN PERSONNEL RULES COVERING MANAGEMENT, CONFIDENTIAL, AND NON REPRESENTED PART -TIME EMPLOYEES WHEREAS, the Human Resources Director has recommended in a staff report dated June 19, 2007, that certain Personnel Rules be amended in the manner hereinafter set forth, and WHEREAS, the City Council of the City of Anaheim does find that amending such Personnel Rules is in the best interest of the City of Anaheim; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim as follows: SECTION 1. That, Section 7.9 (Special Assignment to Fire Battalion Chief Training and Fire Division Chief) of Personnel Rule 7 (Appointments and Promotions), be, and it hereby is, amended to read in its entirety as follows: 7.9 Special Assignment to Fire Battalion Chief 40 hour and Fire Division Chief 7.9.1 Employee shall be placed in the position of Fire Battalion Chief 40 hour and Fire Division Chief by "Special Assignment" only. Positions of Fire Battalion Chief 40 hour and Fire Division Chief shall be filled by employees at the rank of Fire Battalion Chief. 7.9.2 The Fire Chief shall assign employees to the special assignments of Fire Battalion Chief 40 hour and Fire Division Chief, 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. 7.9.3 An employee who is assigned to the position of Fire Battalion Chief 40 hour shall have the rate of pay set forth in Section 14.1.1 of the Management Pay Policies. An employee who is assigned to the position of Fire Division Chief shall have the rate of pay set forth in Section 14.1.2 of the Management Compensation Policies. 7.9.4 At the end of such Special Assignment, employees shall be returned to the positions which they held at the time of the Special Assignment, unless the reasons for removal from the assignment would be cause for dismissal from City service. 7.9.5 When returned to such previously held position, the employee's rate of pay shall be the rate immediately prior to the special assignment, plus the percent of any merit increases approved during the special assignment. However, the employee's rate of pay cannot exceed the Control Point of the salary range for Fire Battalion Chief when recalculated." SECTION 2. That, Subsection 16.12 of Personnel Rule 16, (Vacation), be, and it hereby is, amended to read in its entirety as follows: 16.12 "The Human Resources Director may recommend, and the City Manager may approve, a one -time crediting of the vacation time bank for new hires or Promotees to Management level job classes upon completion of six (6) months in the position. 16.12.01 For new hires or promotions assigned to executive or administrative management level positions the Human Resources Director may recommend and the City Manager may approve, alternate vacation accrual rate at the time of hire or promotion. SECTION 3. That, Subsection 23.61, 23.61.1, and 23.61.3 of Personnel Rule 23, Insurance, Pensions and Perquisites, be, and they hereby are, amended to read as follows: 23.61 "The City will implement Government Code §21345.5 benefits "2.7 55 for miscellaneous Management and Confidential to be effective on or before December 29, 2005, contingent upon agreement being reached with all miscellaneous bargaining units. The incremental cost of 6.4% of employee compensation to implement Government Code §21354.5 "2.7 55 retirement benefits shall be paid by employees through a reduction in the City's contribution to post- retirement medical benefit reserving costs of approximately 4.0% of employee compensation, and a reduction in general salary adjustments of 2.5% through fiscal year 2008/09 23.61.1 Effective October 7, 2005 ANAHEIM shall report the 7% PERS employee contribution paid by ANAHEIM to the CaIPERS as compensation earned in accordance with Governmental Code §20636(c)(4). 23.61.3 Part-time employees covered by this rule shall be restricted to secondary and tertiary classifications from the same PERS coverage group as their primary classification. SECTION 4. That, Section 23.62.3 of Personnel Rule 23, Insurance, Pensions and Perquisites, be amended to read as follows: 07.19.07 RESOLUTION Personnel Rules.Doc.mjf 23.62.3 Effective June 20, 2009, statutory employee PERS contribution shall be reduced to 9% SECTION 5. That, Section 23.63 of Personnel Rule 23, Insurance, Pensions and perquisites, be, and it hereby is, amended to read in its entirety as follows: 23.63 "For Safety Plan Employees in the Public Employees Retirement System assigned to the Police Safety Management Unit, the City of Anaheim shall pay the statutorily required employee PERS pension contributions. Effective, January 12, 2007, ANAHEIM shall report the 9% PERS employee contribution paid by ANAHEIM to the CaIPERS as compensation earned in accordance with Government Code §20636(c)(4). 23.63.1 Effective July 6, 2001, the City's contract with the Public Employees Retirement System, Police Safety Plan, shall be amended to provide Government Code §21362.2 benefits "3% 50 23.63.2 Effective October 28, 2003, employees covered under this Section 23.63 shall also be required to pay 2.5% of the employer PERS rate as a result of the "3% @50" retirement benefit. Effective July 10, 2009 the 2.5% employee contribution shall be eliminated." SECTION 6 That, Section 23.64 of Personnel Rule 23, Insurance, Pensions and Perquisites, be, and it hereby is, amended to delete the section as follows: 23.64 Upon amendment of the City's contract with the Public Employees Retirement Systems, Miscellaneous Plan employees shall be eligible for 1) A Pre Retirement Optional Settlement 2 Death Benefit, and 2) The current $500 Retiree Death Benefit will be replaced with a $,5000 Retiree Death Benefit. 23.64.1 Effective July 4, 2003, the City's contract with the Public Employees Retirement System Police Safety Plan shall be amended to provide the Pre Retirement Optional Settlement 2 Death Benefit (Government Code 07.19.07 RESOLUTION Personnel Rules.Doc.mjf AYES: ATTEST: CI Y CLERK OF THE I F ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY ric-62-tel Section 21548), and replace the current five hundred dollar ($500) Retiree Death Benefit with a five thousand dollar ($5,000) Retiree Death Benefit (Government Code Section 21623.5)." BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its adoption by the City Council. AND, BE IT FURTHER RESOLVED that upon adoption of this Resolution by the City Council any other Resolutions or Rules in conflict shall be rescinded to the extent they conflict with the provisions of this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of ,-r 2007, by the following roll call vote: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN NONE MAYOR OF THE C 0 ANAHEIM 07.19.07 RESOLUTION Personnel Rules.Doc.mjf