HomeMy WebLinkAboutReso 99-142 - Est new City of Redding Emp Benefit Policies for Unrepresented Emp, Eff 11-14-99 � •
RESOLUTION NO. 99-1���
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ESTABLISHING NEW CITY OF REDDING EMPLOYEE BENEFIT
POLICIES FOR UNREPRESENTED EMPLOYEES, EFFECTIVE
NOVEMBER 14, 1999.
WHEREAS, the City Council has studied the current City of Redding Employee Benefit
Policies for unrepresented employees established by Resolution No. 98-82 and amended by
Resolutions 98-107, and 99-98; and
WHEREAS, for the reasons set forth in the accompanying Report to City Council, the
Administrative Services Director has recommended amending the Employee Benefit Policies for
unrepresented employees to make them more consistent with how benefits are administered under
certain Memoranda of Understanding; and
WHEREAS,the City Council deems it to be in the best interests of the City to adopt such
recommendation, effective November 14, 1999;
NOW,THEREFORE,IT IS HEREBY RESOLVED by the City Council that Resolution
No. 96-82, as amended, be rescinded as of midnight, November 13, 1999; and that new City of
Redding Employee Benefit Policies for unrepresented employees be established as set forth in
Exhibit A, attached hereto and made a part hereof, effective November 14, 1999.
I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at
a regular meeting of the City Council of the City of Redding on the 2nd day of November, 1999,by
the following vote:
AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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BERT C. ANDERSON, Mayor
A'I'TES'd': FORM APPROVED:
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CONNIE STROHMAYER, Ty lerk W. LEONARD WING T , City Attorney \(�
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CITY OF REDDING
EMPLOYEE BENEFIT POLICIES
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CITY OF REDDING
EMPLOYEE BENEFIT POLICIES
TABLE OF CONTENTS
Article Page
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
EMPLOYEE STATUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
COMPENSATION AND CLASSIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
HOURS AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SICKLEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ADMINISTRATIVE LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
FUNERAL (BEREAVEMENT) LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
JURY/WITNESS DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LEAVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
INDUSTRIAL DISABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
GROUP 1NSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
RETIREMENT PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
CONTINUING EDUCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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INTRODUCTION
The following employment policies are applicable only those employees not covered under an existing
Memorandum of Understanding negotiated with a recognized bargaining unit.
EMPLOYEE STATUS
l. Employees will be designated as Council-Appointed, Administrative, Regular, Part-Time
Regular, Part-Time, Temporary, or City Council Members, depending upon the purpose for
which they are hired/elected and their length of continuous service with the City.
2. Council-Appointed employees include the City Manager and City Attorney and any others who
may be appointed directly by the City Council and serve at the will of the Council. The
employees shall be eligible for all benefits of a Regular employee with the exception of access
to the grievance process. The benefits outlined in an employment contract will supercede
when there is conflict with benefits outlined for Regular employees.
3. An Administrative employee is defined as an employee appointed by the City Manager,
subsequent to July 1, 1997,to the position of Assistant City Manager,Deputy City Manager,
Assistant City Attorney, Deputy City Attorney, or Director of any Department. A Regular
employee serving in one of these positions prior to July 1, 1997, may become an
Administrative employee only upon mutual agreement in writing. An Administrative employee
shall be eligible for all the benefits of a Regular employee,except these employees do not have
access to the grievance procedure, nor shall they serve a probationary period as they serve
strictly at the will of the City Manager and the employment relationship may be ended at any
time without cause.
4. A Regular employee is defined as an employee hired for a full-time position that has been
regularly established as an authorized position and is of indeterminate duration. A Regular
employee shall receive not less than the minimum rate for the job and shall be eligible for sick
leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and
items of a similar nature as the employee becomes eligible.
5. A Part-Time Regular employee is defined as an employee who has one (1) year, or more, of
full-time service with the City as a Regular employee, and who subsequently moves,
without a break in service, to work less than full-time. This status would also include
employees involved in job share arrangements. Job share employees shall be required to sign
a City approved contract stipulating the specific conditions and restrictions of the job share
arrangement. A job share employee who has not served an official probationary period shall
be subject to a one year probationary period. A Part-Time Regular employee shall receive not
less than the minimum rate for the job, and shall be eligible for sick leave pay, vacation pay,
holiday pay,retirement plan participation(as governed by the Public Employees' Retirement
System), and seniority accrual,but shall not be eligible for supplemental benefits for industrial
injury, bereavement leave pay,jury duty pay,or items of a similar nature. Part-time Regular
employees shall accrue holiday pay on a prorated basis at the rate of forty-eight thousandths
(.048) of an hour for each regular hour worked ar on paid leave. Part-Time Regular
employees are eligible for insurance coverage (pursuant to group insurance contract
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- .EPFECTNE NOVEMBER 14, 1999 Page 3
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provisions) provided the employee pays 50% of the premium rate. If a Part-Time Regular
employee moves to Regular status,the employee shall be credited with all continuous service
in determining eligibility for such benefits as may accrue to the employee in the employee's
new status.
6. A Part-Time employee is defined as an employee hired to work less than a full-time employee,
but not more than 1560 hours in a fiscal year. A Part-Time employee will be limited to less
than 1,000 hours per fiscal year unless approved by the Human Resources Manager. A Part-
Time employee shall receive not less than the minimum rate for the job,but shall not be eligible
for sick leave pay,holiday pay,,or items of a similar nature,nor shall the employee be eligible
for insurance coverage. The employee may be eligible for participation in the retirement plan
pursuant to the City's contract with PERS. After completion of twenty-four(24) months of
continuous service,the employee will be entitled to vacation pay on the same basis as Regular
employees. If a Part-Time employee is reclassified to Regular status,the employee shall be
credited with the employee's service as a Part-Time employee in determining eligibility for
benefits, if any, as may accrue to the employee in the employee's new status.
7. A Temporary employee is defined as an employee hired for temporary,occasional or seasonal
work for a period not to exceed 1,000 hours in a fiscal year. A Temporary employee shall
receive not less than the minimum rate for the job,but shall not be eligible for sick leave pay,
holiday pay,vacation pay, or items of a similar nature,nor shall the employee be eligible for
insurance coverage or retirement plan participation, nor shall the employee accrue seniority,
or promotion and transfer rights,or leave of absence rights. If a Temporary employee moves
to another status, the employee shall not be credited with the employee's service as a
Temporary employee in determining eligibility for benefits.
8. A City Council member is defined as an elected officer elected by the citizens of the City of
Redding.
9. Probationary Periods: Regular and Part-Time employees shall serve a probationary period of
one (1)year upon initial appointment to each status. Such probationary period is considered
to be a continuation of the selection process and employees may be terminated for employment
or demoted without recourse, pursuant to the grievance procedure. An employee's
probationary period shall be extended by the duration of any unpaid absence of ten (10) or
more consecutive days. Probationary employees shall be evaluated after six (6) months of
service and as often as determined by the employee's Supervisor. The probationary period will
start over for any employee who transfers to another position during the probationary period.
The probationary period may be extended in circumstances where further evaluation of the
employee is necessary. Temporary employees do not serve a probationary period, as the
appointment is temporary by definition and can be terminated at any time.
10. Re-employment: With the recommendation of a Department Director and approval of the
Human Resources Manager, a past employee who both passed the probationary period and
resigned in good standing may be re-employed within two years of the effective date of
resignation,to a vacant position in the same classification. Such re-employment shall,for all
purposes,be considered as though it were an original appointment. The reinstated employee
shall serve a new probationary period.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 4
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COMPENSATION AND CLASSIFICATIONS
1. Consistent with principles of public accountability,employees shall be paid the salary or wage
established for their classification. Upon initial appointment to a classification,an employee
shall normally be paid the lowest salary or wage rate for that classification. An employee
may, however, be paid a salary or wage rate above the lowest salary or wage rate if
circumstances justify it. When an employee is appointed to a higher paid classification which
has a salary or wage range overlapping the salary or wage range of the employee's previous
classification, the employee shall be paid at the salary or wage rate of the classification to
which the employee is being appointed, which is at least five percent (5%) more than the
employee's present salary or wage rate,but not more than the top salary or wage rate of the
classification to which the employee is appointed. Step increases require a satisfactory
performance evaluation,Department Director and Human Resources Manager approval and
may be granted as follows: After twenty-six(26)full pay periods of employment at Step l,
and with an overall satisfactory or above performance rating,an employee shall be advanced
to Step 2. After twenty-six (26) full pay periods of employment at each subsequent salary
step,with an overall satisfactory or above work performance,an employee will be advanced
to the next higher step. A full pay period as used herein is defined as one in which the
employee works or is paid for time off for at least half of the regularly scheduled wark hours.
2. The effective date of an�salarv rate shall be the first da�of the pa�period closest to the
anniversary of an employee's emplo�ment date followin��aualification for the new rate.
Upon promotion, �employees designated for Pay-for-Performance evaluations shall be
reviewed after every twenty-six (26) full pay periods of employment in th�ir-�eurr� the
emplovee's new classification pursuant to the City's Pay-for-Performance Policy. A full pay
period as used herein is defined as one in which the employee works or is paid for at least half
of the regularly scheduled work hours.
3. Wages shall be paid at bi-weekly intervals on Thursdays at the end of the employee's wark
period after 12:00 noon for a pay period ending no earlier than the preceding Saturday. If a
pay day falls on a fixed holiday, payments shall be made on the preceding workday.
4. When an employee is temporarily assigned to work in a lower-paid classification than the
employee's normal classification, the employee's rate of pay will not be reduced.
5. Whenever a Regular employee is assigned by the City to replace an absent employee in a
higher-paid classification and the employee performs a substantial maj ority(greater than fifty
percent(50%))of the absent employee's duties for a full work day,such employee shall have
their compensation rate increased by five percent (5%), but not to exceed the range of the
higher class. Department Director approval is required.
6. When an employee is assigned to fill a vacant position or replace an absent employee in a
higher-paid classification and performs a substantial majority (greater than fifty percent
(50%))of the duties of the higher classification for a period that extends beyond one full pay
period, such employee shall be temporarily reclassified to the higher position. The
employee's salary or wage shall be increased by at least five percent(5%),but not to exceed
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 5
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the top of the range. Department Director and Human Resources Manager approvals are
required.
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$7. Except for those Regular employees whose shift ends on or before 6:00 p.m.,employees shall
receive shift differential pay of three and one-half percent(3'/2%)of the employee's regular
pay rate for each hour worked between the hours of 4:00 p.m.and 12:00 midnight,in addition
to the employee's regular compensation. Except for employees whose shift starts at 6:00 a.m.
or later, for time worked between 12:00 midnight and 8:00 a.m., shift differential pay shall
be increased to five percent (5%).
H 8. POST and educational incentives shall be added to base pay as follows:
2.5%plus$100.00* -AA or AS degree,or sixty(60)semester units,or a POST Intermediate
Certificate for Sworn Police Management Employees.
5.0% plus $100.00* - BA or BS degree, or one hundred twenty (120) semester units or a
POST Advance Certificate for Sworn Police Management Employees.
* The annual payment will be paid in the week following the second pay day in July.
Eight hundred dollars($800.00)per year will be added to base pay for an AA degree in Fire
Science or Fire Science Technology for Fire Safety management personnel.
�6 9. Effective May 17, 1998,Battalion Chiefs assigned to a forty(40)hour workweek will receive
a five percent (5%)pay differential. The differential will be paid on the base wage rate.
i� 10. The City Manager may,based upon outstanding job performance,grant an exempt employee
a one time salary increase up to ten percent (10%) above the top of the salary range for a
period not to exceed one(1)year. This one time increase is not cumulative and the employee
would revert to the employee's regular salary rate at the end of the one year period.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99-_,EFFECTIVE NOVEMBER 14, 1999 Page 6
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HOURS AND OVERTIME
1. All Regular employees will receive full time employment for each workweek employed,
provided they report for duty and are capable of performing their work. This is not to be
interpreted that the City does not retain the right to lay off or release employees on account
of lack of work or other valid reason at the end of the workweek.
2. A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through
Saturday,and except as otherwise provided,a basic workweek is normally defined to consist
of five(5)consecutive workdays of eight(8)hours each. The basic workweek may begin on
any day of the week or at any hour of the day during the workweek. Shift employees may
be assigned any hour and/or days of work. The basic workweek indicated above may be
modified by mutual agreement of the City and the affected employee(s) in those situations
where such a modification serves the interest of both the City and its employees.
3. Except as otherwise provided herein,overtime is defined as(a)time worked in excess of forty
(40) hours in a workweek, (b) time worked in excess of eight(8),ten(10), or twelve (12)
hours as applicable on a scheduled workday, (c) time worked on a non-workday, (d) time
worked outside of regular hours on a workday, and(e)time worked on a holiday. Overtime
shall be computed to the nearest one-quarter(1/4) hour.
For Part-Time and Temporary employees, other than fire suppression or twenty-four (24)
hour shift employees, overtime is defined as time worked in excess of forty(40)hours in a
workweek. For Temporary and Part-Time fire suppression or twenty-four (24) hour shift
employees overtime is defined as time worked in excess of two hundred forty(240)hours in
an established 28-day work period.
In cases where the basic workweek has been modified by mutual agreement,these overtime
requirements may be waived pursuant to applicable law.
4. Overtime wages shall be paid to non-exempt employees at a rate equivalent to one and one-
half(1'/2)times the regular rate of pay,or at the employee's option, and with City approval,
the employee may elect to receive time off with pay at the rate of one and one-half hours off
for each overtime hour worked. Compensatory time off with pay shall be scheduled in the
same manner as vacations are normally scheduled. The maximum accumulated compensatory
time an employee may keep on the books at any time shall be limited to a maximum of two
hundred forty (240) hours.
5. Exempt employees shall not receive any compensation for overtime work,except for exempt
fire management employees who are eligible for pay in excess of their regular salary when:
1) assigned to state service on a non-work day, the exempt employee shall receive one and
one-half(1'/z)times their regular rate of pay;2)assigned to work for another Battalion Chief
who is working in state service on a regularly scheduled workday,the exempt employee shall
receive one and one-half(1'/z) times the regular rate of pay; and 3) warking to cover for a
Battalion Chief absent from a regularly scheduled shift,the exempt employee shall be paid at
the top step of the Shift Battalion Chief range.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 7
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6. Exempt employees, who as a result of their exempt status are not eligible for overtime pay
or compensatory time off, will not have their leave balances (vacation, sick leave, etc.)
reduced for absences of less than four hours. Department Director approval is required.
7. Employees who are entitled to overtime pay and who are required to report for work on their
non-warkdays, or on holidays they are entitled to have off, or outside of their regular hours
on workdays,shall be paid overtime compensation for the actual time worked,but in no event
for less than two (2) hours compensation. If an employee who is called out for such work
outside of the employee's regular hours on a workday continues to work into the employee's
regular hours, the employee shall be paid overtime compensation only for the actual time
worked. If an employee performs overtime work immediately following the end of the
employee's regular shift, the employee shall be paid overtime compensation only for the
actual time worked.
8. At such time as a twenty-four (24) hour shift Fire Management employee moves between
forty (40) and fifty-six (56) hour wark schedules, vacation and sick leave balances will be
adjusted. Specifically, when an employee moves from a forty (40) to a fifty-six (56) hour
schedule,all leave balances will be multiplied by a factor of 1.4. When an employee moves
from a fifty-six (56) to a forty(40)hour schedule, vacation and sick leave balances will be
multiplied by a factor of 0.715.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFEC'I'IVE NOVEMBER 14, 1999 Page 8
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SICK LEAVE
1. Sick leave with pay shall be accumulated for each Regular and Part-Time Regular employee
at the rate of forty six thousandths(.046)of an hour for each regular hour worked,or on paid
leave. (Accrual rate approximately one (1) day per month.)
2. Sick leave shall be allowed for a non-work related absence due to: (a) the inability of an
employee to be present or perform the employee's duties because of personal illness,off-duty
injury, or confinement for medical treatment; (b)personal medical or dental appointments,
which are impractical to schedule outside of regular working hours;(c)the need to be present
during childbirth,surgery,critical illness or inj ury involving members of the immediate family
for up to forty (40) hours per incident. Immediate family as used herein includes only the
employee's spouse, children, grandchildren, brothers, sisters, parents or grandparents of
spouse or employee,or other persons who are living in the employee's immediate household.
Sick leave to include mental or physical illness. (d)family sick leave up to forty(40)hours
per calendar year for members of the immediate family. Notwithstanding the foregoing forty
(40)hour limitation, twenty-four(24)hour shift employees shall be allowed seventy-two(72)
hours of family sick leave and ninety six(96)hours per incident for childbirth,surgery,critical
illness or injury involving members of the immediate family.
3. Management may require satisfactory evidence of sickness or disability before payment for
sick leave will be made. The City may also require an employee requesting to return to work
after sick leave or leave of absence for medical reasons to submit to a medical examination
at City expense by a physician or physicians approved by City for the purpose of determining
that such employee is fit and able to perform the duties of the employee's former position
without hazard to the employee, fellow employees,or the employee's own permanent health.
4. If an employee is off on sick leave on a fixed holiday, the holiday credit will be used.
However,if an employee is off on sick leave on a floating holiday,sick leave balances will be
used and the holiday credit will be deferred.
5. In the event an employee exhausts all paid leave as a result of an illness or injury,and subject
to the approval of the employee's Department Director and Human Resources Manager ,
such employee may be advanced sick leave from his or her future accruals up to 80 hours.
Twenty-four (24) hour shift employees may be advanced up to one hundred twelve (112)
hours. Once the employee returns to duty, sick leave accrual hours will be applied to the
negative sick leave account until it is zero. Should the employee terminate City employment
with a negative sick leave balance appropriate adj ustments would be made to final paid leave
cash pay-outs or other City monies owed the employee. If insufficient funds are due to the
employee by the City,the employee shall directly reimburse the City for advanced sick leave
in excess of the funds,if any,previously withheld. Such direct reimbursement will be waived
for employees who are terminally ill or totally disabled(100%).
6. Any employee who after ten(10)years but less than fifteen(15)years of service to the City
terminates employment shall be paid at the employee's regular pay rate for thirty-three and
one-third percent(33�/s%)of the employee's accumulated sick leave hours. For employees
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 9
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with fifteen (15) years but less than twenty (20) years of service, the percentage set forth
above shall be increased to forty-five percent(45%). For employees with twenty(20)years
or more service, the percentage set forth above shall be increased to sixty percent (60%).
Upon retirement,an employee enrolled in Public Employee's Retirement System(PERS)may,
elect to receive credit for all or part of any unused/uncompensated sick leave toward the
employee's retirement benefit through CaIPERS,pursuant to the contract between the City
of Redding and Ca1PERS.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 10
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VACATIONS
1. Regular and Part-Time Regular employees shall accrue vacations with pay up to 500 hours
(Fire Management twenty four(24)hour shift employees shall accrue vacation pay up to 700
hours) as follows:
A) At the rate of thirty-nine thousandths (.039) of an hour for each regular hour worked,
or on paid leave, from the date of employment through the one hundred fourth(104th)
full pay period of employment. (Accrual rate approximately two(2)weeks per year up
to four (4) years of service.)
B) At the rate of fifty-eight thousandths(.058)of an hour for each regular hour worked,or
on paid leave, from the one hundred fourth (104th) full pay period through the two
hundred thirty-fourth (234th) full pay period of employment. (Accrual rate
approximately three (3) weeks per year after four (4) years of service.)
C) At the rate of sixty-eight thousandths (.068) of an hour for each regular hour worked,
or on paid leave,from the two hundred thirty-fourth(234th)full pay period through the
three hundred sixty-fourth (364th) full pay period of employment. (Accrual rate
approximately three and one-half(3`/2) weeks per year after nine (9) years of service.)
D) At the rate of seventy-seven thousandths(.077)of an hour for each regular hour worked,
or on paid leave, from the three hundred sixty-fourth (364th) full pay period of
employment through the four hundred ninety-fourth (494th) full pay period of
employment. (Accrual rate approximately four (4) weeks per year after fourteen (14)
years of service.)
E) At the rate of eighty-seven thousandths(.087)of an hour for each regular hour worked,
or on paid leave,from the four hundred ninety-fourth(494th)full pay period through the
six hundred twenty-fourth (624th) full pay period of employment. (Accrual rate
approximately four and one-half (4'/2) weeks per year after nineteen (19) years of
service.)
F) At the rate of ninety-six thousandths(.096)of an hour for each regular hour worked,or
on paid leave, from and after the six hundred twenty-fourth (624th) full pay period of
employment. (Accrual rate approximately five(5)weeks per year after twenty-four(24)
years of service.)
G) A full pay period as used herein is defined as one in which the employee works or is paid
for time off for at least half of the regularly scheduled work hours.
H) The City Manager may authorize the accrual of vacation for a new Regular employee at
a rate that exceeds the rate prescribed for the employee's actual years of service.
I) In the event of departmental cancellation of a previously scheduled vacation or of a paid
leave of absence due to industrial injury where such employee would exceed the
maximum vacation accrual, the accumulation of vacation hours may exceed the
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 11
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established vacation maximum. In the event of an absence due to an illness or injury
that is not job related, the Human Resources Manager may approve the accumulation
of vacation hours in excess of the established vacation maximum. The City Manager
may also approve the accumulation of vacation hours in excess of the stated maximum
for other extenuating circumstances. Whenever such excess accruals occur, the
employee shall have one year from the date the vacation was canceled or from the date
the employee returns to work from illness or injury to utilize the excess accrual.
2. It is City policy that employees take their normal vacation each year at such time or times as
may be approved by the Department.
3. Vacation cannot be accrued while an employee is in a non-pay status.
4. Vacations will be scheduled throughout the calendar year. Employees with greater seniority
will be given preference over those with less seniority in the selection of a vacation period,
provided,however,that if the senior employee splits his/her vacation by requesting less than
a full year's allowance to be scheduled on consecutive workdays,the employee's preferential
rights shall only apply on one period in that calendar year prior to all other employees being
given consideration in the selection of their first choice vacation period.
5. The City shall not require an employee to take vacation in lieu of sick leave or leave of
absence on account of illness.
6. If an employee is off on vacation on a fixed holiday, the holiday credit will be used. If an
employee is off on vacation on a deferred holiday, vacation balances will be used and the
holiday credit will be deferred.
7. Employees whose employment with the City is terminated for any reason shall,at the time of
separation, receive pay for any unused vacation hours previously earned.
8. Whenever an employee has accrued one hundred twenty (120) hours or more vacation
allowance ,the City will, at the employee's option,compensate the employee for up to forty
(40) hours of accumulated vacation during any fiscal year. Whenever an employee has
accrued two hundred forty (240)hours or more of vacation allowance , the City will, at the
employee's option, compensate the employee for up to eighty (80) hours of accumulated
vacation during any fiscal year. For twenty-four(24)hour shift employees,an employee with
one hundred sixty-eight(168)hours of accrued vacation may choose to be compensated for
fifty-six(56)hours of that leave per fiscal year. Twenty-four(24)hour shift employees with
three hundred thirty-six(336)hours of leave may choose to be compensated for one hundred
twelve (112) hours accrued vacation leave.
9. Employees may contribute their vacation hours to an employee approved for the vacation
donation program. Vacation credits are donated and granted on the basis of the dollar value
of the vacation credits. See Leaves: Section 4.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 12
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HOLIDAYS
1. Regular employees, except as otherwise provided herein, shall be entitled to have the
following holidays off with pay:
(A) January 1 st
(B) Lincoln Day*
(C) The third Monday in February, known as President's Day
(D) The last Monday in May, known as Memorial Day
(E) July 4th
(F) First Monday in September, known as Labor Day
(G) Employee's Birthday*
(H) The second Monday in October, known as Columbus Day*
(I) November l lth, known as Veteran's Day*
(J) Thanksgiving
(K) Friday after Thanksgiving
(L) The last four(4) work hours before Christmas
(M) December 25
* Observed as floating holidays
2. If any of the foregoing holidays falls on a Sunday,the Monday following shall be observed
as the holiday, except by those employees who are regularly scheduled to work on Sunday
other than on an overtime basis. Employees who are regularly scheduled to work on Sundays
shall observe such holidays on Sunday. If any of the foregoing holidays falls on a Saturday,
the preceding Friday shall be observed as the holiday, except by those employees who are
regularly scheduled to work on Saturday other than on an overtime basis. Employees who
are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any
of the foregoing holidays falls on any day from Monday through Friday, inclusive, and that
day is a regularly scheduled non-workday for an employee, such employee shall be entitled
to receive another workday off with pay,to be scheduled in the same manner as vacation days
are normally scheduled.
3. An employee may observe the employee's birthday holiday on the employee's birthday or
anytime during the pay period in which the birthday occurs, or the holiday may be deferred
and scheduled as vacations are normally scheduled. Floating holidays shall be scheduled by
employees and the employee's supervisors in the same manner as vacations are normally
scheduled. When an employee is required to work on a floating holiday the employee shall
receive pay at the straight time rate. Notwithstanding the foregoing, employees regularly
assigned to work twelve (12) hour shifts shall not be entitled to observe the following
holidays; Lincoln Day, Columbus Day, Veterans Day nor the employee's birthday.
Employees assigned to work ten (10) hour shifts shall revert back to a normal eight hour
work day during the weeks holidays occur.
4. Employees may be scheduled to work on fixed holidays,in which event an employee will, in
addition to holiday pay, be compensated at the overtime rate of pay for all time worked on
such days. An employee may,however, elect to observe that holiday at another time,to be
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 13
• �
scheduled in the same manner as vacation days are normally scheduled. In which event, the
employee will only be compensated for time worked on that day at the overtime rate of pay
and shall not receive holiday pay.
5. An employee must be in a paid status on both workdays immediately adjacent to the holiday
in order to receive pay for the holiday.
6. Regular Fire Safety Management personnel assigned to twenty-four(24) hour shifts shall
receive compensation for holidays without regard for when holidays occur nor whether or not
an employee actually works on any holidays and regardless of the number of holidays other
City employees observe. Such holiday compensation shall be ninety-two(92)hours at the
employee's regular pay rate in June and forty-eight(48)hours at the employee's regular pay
rate in December. For those employees who are assigned to fifty-six(56)hour work weeks
the full six (6) months prior to the payment due date, such holiday compensation shall be
prorated.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 14
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ADMINISTRATIVE LEAVE
In recognition of the inapplicability of additional compensation, specifically overtime and
compensatory time off, exempt employees may be eligible for up to forty (40) hours paid
administrative leave per calendar year with Department Director approval and up to eighty(80)hours
paid administrative leave per calendar year with City Manager approval. Administrative leave is
granted on the payroll period closest to January 1 and must be used by the end of the last pay period
in December of each year or time is forfeited without compensation. Employees are to schedule
administrative leave in the same manner as vacation with the approval of the Department Director.
Employees appointed to an exempt position after the first of the year may be granted leave on a
prorated basis. Administrative leave balances may be adjusted when employees separate employment
prior to the end of the calendar year.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 15
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FUNERAL (BEREAVEMENT) LEAVE
l. Regular employees who are absent from work due to the death of a member of the
employee's immediate family shall receive compensation at the regular rate of pay for the time
necessary to be absent from work, but not to exceed forty (40) working hours. Immediate
_family as used herein includes only employee's spouse; children, grandchildren, brothers,
sisters,parents,or grandparents of either employee or spouse;or other persons who are living
in the employee's immediate household. The relationships included herein shall apply whether
by blood or marriage. Notwithstanding the foregoing, bereavement leave with pay shall be
granted to twenty-four(24) hour shift employees for the time necessary to be absent for up
to a maximum of fifty-six (56) hours.
2. Regular employees who are absent from work to attend the funeral of a person other than
an immediate family member shall receive compensation at the regular rate of pay far the time
necessary to be absent from work, but not to exceed one (1) regularly scheduled work day.
A maximum of twenty-four (24) hours may be utilized for this type of leave in a calendar
year. Twenty-four(24)hour shift employees shall receive compensation at the regular rate
of pay for the time necessary to be absent from work, but not to exceed one (1) regularly
scheduled work day. A maximum of seventy-two(72)hours may be utilized for this type of
leave in a calendar year.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 16
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JURY/WITNESS DUTY
1. A Regular employee who is summoned for jury duty and thus absent from the work place
will be paid for the time lost at the employee's regular rate of pay.
2. Whenever any employee is subpoenaed to testify in court as a result of the employee's
employment and the employee is not an opposing party to the City, the employee shall be
paid for all regular time lost. Employees subpoenaed by the Court for matters unrelated to
City business must utilize vacation or appropriate leave balances.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 17
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LEAVES
1. A leave of absence may be granted to employees by the City Manager for urgent and
substantial reasons, up to a maximum of one year, providing satisfactory arrangements can
be made to perform the employee's duties without undue interference with the normal routine
of work. Employees in an initial probationary period,Part-Time or Temporary status are not
eligible for leave of absence.
A. A leave will commence on and include the first workday on which the employee is
absent and terminates with and includes the workday preceding the day the employee
returns to work.
B. All applications for leave of absence shall be made in writing except when the
employee is unable to do so. The conditions under which an employee will be
restored to employment on the termination of leave of absence shall be clearly stated
by the City in conjunction with the granting of a leave of absence. An employee is
required to submit medical certifications as to the conditions necessitating the leave
if the leave is a result of exhaustion of sick leave. If the leave should exceed the initial
request,the employee is responsible for requesting additional time off and providing
current medical certifications and return to work dates. Upon an employee's return
to work after a leave of absence, the employee will be reinstated to the employee's
former position and working conditions, providing that the employee is capable of
performing the duties of the employee's former position,except that if there has been
a reduction of forces or the employee's position has been eliminated during said leave,
the employee will be returned to the position the employee would be in, had the
employee not been on a leave of absence.
C. An employee's status as a Regular employee will not be impaired by a leave of
absence and the employee's seniority will accrue.
D. If an employee fails to return immediately on the expiration of the employee's leave
of absence or if the employee accepts other employment without prior City approval
while on leave, the employee will thereby forfeit the leave of absence and
employment with the City may be terminated.
E. An employee on a leave of absence as provided herein shall not accrue vacation or
sick leave benefits nor maintain group insurance coverage. An employee may, if
eligible, maintain group insurance coverage at the employee's expense providing the
full monthly premium is received by the City Treasurer on or before the first day of
the month for which the premium is intended. Notwithstanding the above,however,
if the leave of absence is as a result of exhaustion of sick leave benefits an employee's
group insurance may be maintained for up to three(3)calendar months on the normal
premium-sharing formula,providing the employee pays the employee's share of the
premium on a timely basis.
2. Family and medical leave for employees shall be administered in accordance with the
provisions of the Federal Family and Medical Leave Act (FMLA), 29 USC Section 2601
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 18
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et seq.,and the provisions of the California Family Rights Act(CFRA),Code of Regulations,
Title 2, Division 4, Section 7297.0 et seq., as may be amended from time to time.
3. Pregnancy Disability Leave shall be administered in accordance with the provisions of
California Code of Regulations, Title 2, Division 4, Section 7291.2 et seq.
4. Vacation Donation Program
A. This program has been established to allow employees to donate accrued vacation
hours to an eligible employee in need. The purpose of this program is to provide a
means by which the eligible employee may obtain authorized paid time off.
Employees eligible for the program must:
1. Be a Regular or Part-Time Regular employee already having completed an
initial probationary period;
2. Have a verifiable long-term illness or injury (non-work related). For this
program, long term is defined as no less than four (4) weeks in duration. It
is the employee's responsibility to complete and return a Request for
Donation form to the Personnel Division and attach to it a letter from a
licensed physician certifying that the employee has a long-term illness or
disabling injury of at least a four week duration;
3. Have exhausted all accrued leaves, resulting in the employee being in an
unpaid status if on approved leave; and
4. Have requested and exhausted sick leave advance.
� 5. Have the concurrence of the Department Director and Human Resources
Manager.
B. Once an employee is determined eligible,a posting will be distributed and use of the
donated hours will start as soon as possible. Under no circumstances will total
eligibility extend beyond thirteen (13)pay periods.
C. When utilizing the donation program,recipients shall receive their regular rate of pay,
as if being on paid leave status. The benefit shall be payable on regularly scheduled
pay days. A minimum of twenty(20)hours per week must be utilized when there are
available balances. Employees using donated vacation time will not accrue holiday,
vacation or sick leave benefits. As with paid leave status,recipients shall continue to
be eligible to participate in the group health and related benefits provided by the City.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTNE NOVEMBER 14, 1999 Page 19
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INDUSTRIAL DISABILITY
1. A Regular employee who becomes disabled as a result of a work-related injury or illness and
is deemed eligible for benefits under the Workers' Compensation and Insurance Chapters of
the State Labor Code, shall receive compensation at the rate of eighty-five percent(85%)of
the employee's regular pay. This payment shall be made in lieu of temporary disability
payments, which would be paid under the State Labor Code, for the period of disability not
to exceed six(6)months. At the conclusion of six(6)months of supplemental benefits at the
eighty-five percent (85%) rate, benefits are reduced to seventy percent (70%) of the
employee's regular pay for an additional six (6)month period. At any time the employee's
injury/illness is determined to be permanent and stationary or the employee is retired on a
disability pension through PERS,eligibility under this provision ceases. Employees who are
covered under the provisions of California Labor Code, Section 4850 and those employees
in their initial probationary period are excluded from this benefit.
In exchange for this benefit,the employee shall pay over to the City compensation received
as a result of the disability, whether from Workers' Compensation, SDI, employee group
insurance benefits or unemployment compensation benefits. Privately secured insurance is
excluded. The employee shall affirmatively assist the City in obtaining any such benefits to
which the employee may be entitled,but has not yet received arising out of the disability. In
no event shall such payment from the employee to the City from such sources exceed the
amount of the supplemental benefits paid to the employee by the City in accordance with the
provisions of the above paragraph.
2. An employee who is absent by reason of industrial disability may be returned to work by the
City and given temporary light duties within the employee's ability to perform, pursuant to
the City's Modified Duty Policy.
3. If a third party is found to be responsible for the employee's industrial injury and the
employee recovers a judgment in damages from said third party,then all supplemental benefits
received as provided for in Section 1 not already repaid from the other sources mentioned in
Section 1 shall be repaid to the City by the employee.
4. Vacation and sick leave shall accrue while an employee is absent from work and receiving
the supplemental benefits as set forth in Section 1 or the benefits of Section 4850 of the
Labor Code of the State of California. Regular and Part-Time Regular employees while
receiving Workers' Compensation temporary disability benefits, may , at their option,
maintain their group insurance coverage for up to a maximum of a cumulative total of five
(5) years. Holidays which occur during the period for which an employee is receiving
temporary disability compensation shall not be recognized for compensation purposes.
EMPLOYEE BENEF[T POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 20
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EXPENSES
1. The following provisions allow for a fair and equitable means of reimbursing expenses
incurred while conducting City business, i.e., traveling to authorized meetings, seminars,
training sessions, luncheons and other events approved by the Department Director.
2. Transportation-Related Expenses:
A. When City business requires that an employee commute to or from work in a City
owned or leased vehicle, that employer provided vehicle can not be used for any
personal purposes. The value of this benefit is to be included in the assigned
employee's gross wages at a rate established by the Internal Revenue Service(IRS).
B. Whenever employees use their personal vehicles for City business at the City's
convenience, reimbursement will be at the rate of thirty cents ($.30) per mile.
C. Whenever employees use their personal vehicle for the employee's convenience for
out of City travel on official City business,the total allowance for transportation shall
in no case exceed the cost of coach-class air passage if such service is available.(This
would include any additional expenses that would be incurred for lodging,,meals and
other expenses.)
D. The City is not responsible for any loss or damage, operating maintenance or repair
expenses to personal vehicles used on City business.
E. Travel time will be allowed on the same basis as if the employee had traveled by air.
The employee will charge to the City only the time that would have been required to
make the trip using airline transportation. All time in excess of air travel time will be
charged to the employee. Exceptions may be authorized by the Finance Officer in
cases where it is beneficial to the City for the employee to use their personal vehicle.
3. Lodging and Meal Related Expenses:
A. Employees who have a temporary work assignment at such distance that it is
impractical for them to return to their regular residence will be allowed actual
personal expenses for board and lodging for the duration of such assignment provided
they board and lodge at places to be approved by the City. The time spent by such
employees in traveling to such temporary assignment at its beginning, to and from
home on holidays and weekends, and from such temporary assignment at its
conclusion and any reasonable expense incurred thereby will be paid by the City.
B. Lodging expenses shall be reimbursed at actual and reasonable costs as approved by
the Department Director, or designee. Receipts are required to support expenses.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 21
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C. Meals shall be reimbursed up to the following maximum rates. An employee may
choose to be paid a meal allowance as follows:
Dinner $17.50
Lunch 8.50
Breakfast 6.00
Meal allowances are included in an individual's gross wages as determined by the
Internal Revenue Service (IRS).
D. When meals are included in the registration fees or transportation charges, meal
allowances are adjusted.
E. Any request for reimbursement in excess of the normal meal allowance must be
accompanied by a written explanation as to the reason for the excess and will be
subject to City approval by the Finance Officer. Alcoholic beverages are not a
reimbursable expense. Receipts for meals must be provided in order to obtain
reimbursement.
F. Reimbursement of ineal expenses for other than employees incurred while conducting
business on behalf of the City shall be allowed provided itemized receipts are
submitted detailing the guest's name,position,and organization. Such expenses shall
be subject to City approval.
4. Reimbursement for reasonable costs other than meals and lodging incurred for the following
incidental expenses shall be permitted providing such expenses are justified and itemized:
Registration
Tips and other gratuities
Taxi, bus, parking and other transportation expenses
Business telephone calls and faxes
Other justifiable incidental expenses
5. Employees will be reimbursed for actual expenses only. Any savings realized by employees
by ride sharing, lower accommodation costs, etc., shall accrue to the City.
6. The City shall pay the reasonable cost of repair or a prorated replacement of uniforms,
glasses, watches or other personal property up to two hundred dollars ($200.00) damaged
in the course of employment. This provision does not apply to items lost or damaged as a
result of negligence of the employee.
7. An employee who is required to change residence to accommodate employment with the
City may be compensated for moving expenses, under special circumstances, subject to
approval by the City Manager. Refer to Personnel Policy Manual.
EMPLOYEE BENEFIT POL[CIES-RESOLUT[ON NO.99- , EFFECTIVE NOVEMBER 14, 1999 Page 22
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UNIFORM ALLOWANCE
A uniform allowance shall be granted to those miscellaneous sworn and non-sworn employees
required to wear a uniform as part of their normal job duties as opposed to occasional ceremonial
functions, as follows:
Fire Chief $550
Deputy Fire Chief $550
Battalion Chief $550
Assistant Fire Marshal (Safety) $550
Police Chief $700
The uniform allowance for Fire Management employees will increase to$575 effective July 1, 1998,
and $625 effective July 1, 1999.
The uniform allowance is normally paid in the week following the second pay day in July of each year
and is for the purpose of maintenance and replacement of uniforms for the ensuing fiscal year. The
allowance is not a reimbursement for the prior year. The first clothing allowance shall be a prorated
amount for that period of time from the employee's date of employment to the following July 1.
Upon separation, a pro-rated amount will be deducted from the employee's pay-outs to offset
allowance forwarded at the beginning of the fiscal year.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE NOVEMBER 14, 1999 Page 23
• •
GROUPINSURANCE
l. Regular and Part-Time Regular employees are eligible to participate in a group insurance
benefit program effective the first day of employment. City Council members may participate
in the City's group health insurance program in the same manner as Regular employees. The
City shall pay the full cost of the program for both employees and dependents for Regular
employees, and one-half the premium cost for Part-Time Regular employees as applicable.
Coverage highlights include :
1) Life Insurance: Twice annual salary for employee,$3,000 for employee's dependents.
2) Health Benefits: $100 deductible per person per year; 80%payable for first $5,000
of eligible charges, except for hospital charges which are 100% payable; 100%
thereafter up to one million dollars lifetime limit;professional fees based upon UCR;
typical exclusions and limitations.
The City will pay the cost of the first twelve(12)out-patient visits per calendar year
for treatment related to alcohol or substance abuse and mental health disorders at
100%,with no deductible,and an additional twenty-four(24)visits per calendar year
payable at eighty percent(80%) subject to the annual deductible.
3) Prescription Drug Card: No deductible; a $5.00 employee co-payment for generic
prescriptions; an $8.50 employee co-payment for brand name prescriptions; and a
provision for mail prescriptions.
4) Dental Benefits: No deductible and 100%of UCR for prevention;no deductible and
50% up to $2,000 per lifetime per person for orthodontia; $25 deductible and 80%
of UCR up to $2,000 per person per year for all other eligible charges.
5) Long Term Disability: After three (3) months 60% of employee's salary to a
maximum of $5,000 per month (effective July 1, 1998) integrated with all other
income benefits payable to age 65. The City will pay for sworn Police management
employees the same amount toward long term disability benefits as is paid for
miscellaneous employees.
6) Vision Care: This plan shall be equivalent to Plan A available from the California
Vision Service Plan. This plan has a $25 deductible, provides for an examination
every twelve (12) months, lenses every twenty-four(24) months, and frames every
twenty-four(24) months.
2. The City will pay fifty percent(50%)of the group medical insurance program premium for
each retiree including dependents,if any,presently enrolled and for each retiree in the future
who goes directly from active status to retirement and continues the group medical insurance
without a break in coverage. Following the death of a retiree, a surviving spouse may
continue the insurance. Effective July l, 1998,prospective retiree may continue dental and
vision insurance coverage as a package under the fifty percent (50%) cost sharing basis
provided the retiree also maintains the medical insurance.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.98-107,EFFECTIVE JULY 13, 1998 Page 24
• ,
RETIREMENT PROGRAM
1. All Regular,Part-Time Regular and qualified Part-Time employees are covered by the State
of California Public Employees' Retirement System (Ca1PERS) program pursuant to an
existing contract. Elected officers may elect membership with Ca1PERS pursuant to
Government Code Section 20361.
2. For enrolled employees and elected officials,the City pays the employee's contribution(7%)
to the Public Employees' Retirement System at the 2% at 55 formula; one (1) year's
compensation in formula; third level 1959 Survivors Benefits; Survivor Continuance
allowance; credit for unused sick leave; and military service credit buy back option.
For Police and Fire Management Employees: the City provides the two percent(2%)at age
fifty(50)benefit formula;one(1)year's compensation in formula;fourth level 1959 Survivors
Benefits; Survivor Continuance allowance;credit for unused sick leave;fifty percent(50%)
ordinary disability benefit;City pays the employee's contribution of nine percent (9%);and
military service credit buy back option. Additionally, Police and Fire
Management employees are credited with employer-paid member contributions effective
June 1, 1997.
3. Upon retirement and with City approval,employees may choose to have any accrued benefit
payout due,all or in part,paid in up to three equal installments in a period not to exceed three
calendar years.
EMPLOYEE BENEFIT POUCIES-RESOLUTION NO.99- ,EFFECTNE SEPTEMBER 7, 1999 Page 25
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CONTINUING EDUCATION
Regular employees who complete City approved courses taken for credit with a passing grade may,
upon application, be reimbursed for the following expenses: (1) tuition; and (2) cost of required
textbooks.
Employees must obtain prior approval from their Department Director. Reimbursement under this
program shall be limited to two hundred dollars ($200.00) per course (semester/quarter).
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTNE SEPTEMBER 7, 1999 Page 26
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GRIEVANCE PROCEDURE
Any grievance which may arise between a Regular or Part-Time employee and the City with respect
to the interpretation or application of any of the terms and conditions of employment, including
discharge,demotion or discipline of an individual employee,shall be determined by the provisions of
this procedure, except that such matters which are included in the definition of impasse as set forth
in Resolution No. 4217 are not grievable. Establishment of employee pay schedules are excluded
from this procedure. Probationary employees shall not be entitled to invoke the Grievance Procedure
with regard to matters of discharge or demotion. This shall not, however, prevent Probationary
employee from exercising any other rights under this procedure. Every employee designated by the
City to hear grievances shall have the authority to settle them.
Step 1: The initial step in the resolution of a grievance shall be a discussion between the
employee and the immediate Supervisor directly involved, who will answer within
ten (10) days. This step shall be started within thirty (30) days of the date of the
action complained of or the date the grievant became aware of the incident which is
the basis for the grievance. This step may be taken during the working hours of the
employee.
Step 2: If a grievance is not resolved in the initial step, the second step shall be the
presentation of the grievance, in writing,to the Division Head, who will answer, in
writing,within ten(10)days.This step shall be taken within ten(10)days of the date
of the immediate supervisor's answer to Step One.
Step 3: If a grievance is not resolved in the second step, the third step shall be the
presentation of the grievance, in writing, to the Department Director, who will
answer,in writing,within ten(10)days. This step shall be taken within ten(10)days
of the date of the Division Head's answer to Step Two.
Step 4: If a grievance is not resolved in the third step,the fourth step shall be the presentation
of the grievance, in writing, to the City's designated labor relations representative,
who shall conduct an investigation and attempt to resolve the grievance. If no
resolution of the grievance is achieved, the City's designated labor relations
representative shall provide the employee with the City's answer to the grievance in
writing. This step shall be taken within ten(10) days of the date of the Department
Director's answer to Step Three.
Step 5: If the grievance is not resolved in the fourth step, the fifth step shall be the
presentation of the grievance,in writing,to the City Manager or designee,who shall
answer, in writing,within ten(10)days. The fifth step shall be taken within ten(10)
days of the date of the answer to Step Four.
Step 6: If a grievance is not resolved in the fifth step,the sixth step shall be the referral of the
matter to mediation by either party within twenty(20)calendar days of the answer to
Step Five. Whenever a grievance is referred to mediation,either the employee or the
City may request that the California State Mediation and Conciliation Service refer
a state mediator. The mediator shall assist the parties in the resolution of the
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE SEPTEMBER 7, 1999 Page 27
• �
grievance in the same manner as that which is normally used in the mediation of
interest disputes. Referral to Step Seven shall not occur until the mediator has
released the parties from the mediation process.
Step 7: If a grievance is not resolved in the sixth step of this procedure, the seventh step
shall be referral by either the City or the employee to arbitration. The seventh step
shall be taken within twenty(20) days of the date of the answer to Step Six.
( a) An Arbitrator shall be appointed on each occasion that a grievance is
submitted to arbitration. The arbitrator shall be chosen by mutual agreement
of the City and employee. In the event that City and the employee or their
representative are unable to agree on the selection of an Arbitrator,they shall
request the State of California Mediation and Conciliation Service to nominate
five (5) persons to be the Arbitrator. The City and the employee or their
representative each will alternately challenge two (2) of such nominees, the
party having the first challenge to be determined by lot. The remaining
nominee shall be accepted as the Arbitrator and their compensation and
expenses shall be borne equally by the City and the employee.
Notwithstanding the foregoing, the City and the employee may, by mutual
consent, agree on a single arbitrator to hear grievances, on the same cost
sharing basis. The City and the employee shall pay the compensation and
expenses of their respective witnesses. At the employee's or their
representative's request, the City shall release employees from duty to
participate in arbitration proceedings.
(b) The Arbitrator shall hold such hearings and shall consider such evidence as to
the Arbitrator appears necessary and proper. The decision of the Arbitrator
shall be final and binding on City and the employee , provided that such
decision does not in any way add to,disregard or modify any of the provisions
of City policies, resolutions or ordinances.
Failure by the employee to meet any of the aforementioned time limits as set forth in Steps 1, 2, 3,
4, 5, 6, and 7 will result in forfeiture. If the City fails to answer a grievance on a timely basis, the
grievance may be advanced to the next step. Except, however, that the aforementioned time limits
may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to
an interpretation of City policies,practices,resolutions or ordinances,nor shall such settlements be
cited by either party as evidence in the settlement of subsequent grievances.
EMPLOYEE BENEFIT POLIC[ES-RESOLUTION NO.99- ,EFFECT[VE SEPTEMBER 7, 1999 Page 28
• �
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EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE SEPTEMBER 7, 1999 Page 29
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DEFINITIONS
"ACTUAL SERVICE" means paid service on the City payroll in a position in the City service.
"ALLOCATION" describes an individual position for which funds have been budgeted to cover
salary and related costs.
"CALENDAR YEAR" means a year starting on January 1 and terminating at the close of the
following December 31.
"CITY" means the City of Redding in the State of California.
"CLASS"or "CLASSIFICATION"defines a grouping of positions on the basis of the nature of the
tasks, duties and responsibilities performed so as positions are sufficiently similar that the same
descriptive title, the same requirements as to education, experience, knowledge and ability may be
demanded of incumbents,and so that the same schedule of compensation may be made to apply with
equity.
"COMPENSATION" means the salary, wage, allowances and all other forms of valuable
consideration earned by, or paid to,any employee by reason of service in any position,but does not
include any allowances authorized and incurred as incidents to employment.
"CONTINUOUS SERVICE" means service uninterrupted from date of appointment except for
authorized absence.
"DAY" means calendar day unless specified as a working day.
"DEPARTMENT" includes office, and"office" includes department.
"DEPARTMENT DIRECTOR" means the head of an established office or department having
supervision of such department and office.
"EMPLOYEE" means a person legally occupying a position in City service.
"EXEMPT EMPLOYEE"means an employee in a position not covered by the provisions of the Fair
Labor Standards Act, includes most professional, supervisory, managerial and executive positions.
"MONTH" means a period from a particular calendar date in a month to and including the
immediately preceding date of the following month.
"NON-EXEMPT EMPLOYEE" means an employee in a position covered under the provisions of
the Fair Labor Standards Act.
"POSITION"means a collection of duties and responsibilities which require the full- or part-time
services and employment of one person.
EMPLOYEE BENEF[T POLICIES-RESOLUTION NO.99- ,EFFECTIVE SEPTEMBER 7, 1999 Page 30
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"SENIORITY"means total length of continuous service with the City. Continuity of service will not
be broken and seniority will accrue when an employee is: called to active duty in the Armed Forces
of the United States;on active duty with the National Guard;absent due to industrial injury;on leave
of absence; or on excused leave.
"TITLE" means the designation given to,or name applied to,a classification to the legally appointed
incumbent of each position allocated to the class.
"YEAR" means a period from a particular calendar month and date of a year to and including the
immediately preceding date of the same month in the following year.
EMPLOYEE BENEFIT POLICIES-RESOLUTION NO.99- ,EFFECTIVE SEPTEMBER 7, 1999 Page 31