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 2023-078 Amended: September 26, 2023 – by City Council Action Resolution 2023-084 Amended: October 17, 2023 – by City Council Action Resolution 2023-090 Amended: December 12, 2023 – by City Council Action Resolution 2023-###
2 3
TABLE OF CONTENTS
RULE 1 PURPOSE AND GENERAL PROVISIONS ................................................................................. 5 RULE 2 CLASSIFICATION ............................................................................................................................. 9 RULE 3 COMPENSATION PLAN .............................................................................................................. 11 RULE 4 SALARY ADMINISTRATION ..................................................................................................... 13 RULE 5 HOURS OF WORK AND PAYDAY ............................................................................................ 24 RULE 6 PREMIUM PAY ............................................................................................................................... 27 RULE 7 APPOINTMENTS AND PROMOTIONS .................................................................................. 33 RULE 8 SPECIAL ASSIGNMENTS ............................................................................................................ 41 RULE 9 PROBATION .................................................................................................................................... 42 RULE 10 SALARY REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL ....................... 44 RULE 11 LAYOFF, REASSIGNMENT, AND REEMPLOYMENT ....................................................... 46 RULE 12 REINSTATEMENT ........................................................................................................................ 49 RULE 13 VOLUNTARY DEMOTION.......................................................................................................... 50 RULE 14 TRANSFER ....................................................................................................................................... 51 RULE 15 HOLIDAYS ........................................................................................................................................ 52 RULE 16 VACATION AND ADMINISTRATIVE LEAVE ...................................................................... 55 RULE 17 SICK LEAVE ..................................................................................................................................... 62 RULE 18 PAID LEAVE .................................................................................................................................... 67 RULE 19 INDUSTRIAL ACCIDENT LEAVE ............................................................................................ 72 RULE 20 BEREAVEMENT LEAVE ............................................................................................................. 74 RULE 21 MILITARY LEAVE ......................................................................................................................... 76 RULE 22 JURY DUTY AND COURT APPERANCES .............................................................................. 77 RULE 23 UNPAID LEAVE ............................................................................................................................. 78 RULE 24 INSURANCE AND PENSIONS ................................................................................................... 80 RULE 25 MISCELLANEOUS BENEFITS AND SERVICE AWARDS ................................................. 86
4 RULE 26 PAYROLL DEDUCTIONS ............................................................................................................ 87 RULE 27 POST-OFFER MEDICAL AND PHYSICAL EXAMINATIONS ......................................... 88 RULE 28 GRIEVANCE PROCEDURE ......................................................................................................... 90 RULE 29 POST RETIREMENT MEDICAL BENEFITS ......................................................................... 95 APPENDIX A - EXECUTIVE MANAGEMENT ......................................................................................... 100 APPENDIX B - NON-REPRESENTED NON-SWORN MANAGEMENT ......................................... 103 APPENDIX C - NON-REPRESENTED POLICE MANAGEMENT ....................................................... 106 APPENDIX D - NON-REPRESENTED FIRE MANAGEMENT ............................................................ 107 APPENDIX E - AMBULANCE OPERATOR ............................................................................................... 109 APPENDIX F - NON-REPRESENTED PART-TIME CLASSIFICATIONS ........................................ 110 APPENDIX G - SALARY RELATIONSHIPS .............................................................................................. 111
5 RULE 1 PURPOSE AND GENERAL PROVISIONS
Section 1.0 Purpose
(a) These Rules establish specific procedures and regulatio ns governing the operation of the City’s Personnel System for Non-Represented Full-Time an d Part-Time employees. These Rules provide equitable and uniform procedures for dealing with personnel matters and are intended to attract to municipal s e r v i c e t h e b e s t 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 Ci ty Manager, is responsible for the administration and interpretation of these Rules.
Section 1.2 Scope
(a) These Rules define the obligations, rights, privileges, benefit s, and prohibitions which accrue to and are placed upon all employees in classifications designated as Non-Represented Full-Time or Pa rt-Time. Such classifications a re listed in Appendices A through F. As used herein, Management includes al l employees serving in classifications listed in Appendices A, B, C, D, wit h 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 Advis or to the Mayor, Senior Policy Aide, C ity Council Aide I, City Council A ide II, Administrative Intern I and Administrative Intern II, a n d Ambulance Operator, are specifically exempted from the provisions of the Personnel System by Anaheim Municipal Code (herein after, “AMC”) Chapters 1.05.030.0 102,
1.05.030.0106, and 1.05.030.0108. Employees appointed to a clas sification assigned to the Executive Managem ent Unit on or after January 1 , 2016 are also exempt from the provisions of the Personnel System by AMC Chapt ers
1.05.030.0102 and 1.05.030.0106. Positions involving seasonal or part-time employment specifically placed in the exempt service by the Hum an Resources Director are exempt from the provisions of the Personnel System by AMC Chapter
1.05.030.105. Notwithstanding the pr ovisions of Chapter 1.05.03 0.0102 and in accordance with Cha pter 1.050.030.030 of the AMC, unless otherw ise specifically provided herein, these Rules shall apply to employ ees in the classifications of City Manager, Assistant City Manager, Deputy City Manager, City Attorney, City Clerk, and City Treasurer and to exempted e mployees 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 I, City Council Aide II, Ambulance Operator, Administrative Intern I, Administrative Intern II and positions involving seasonal or part-time employm ent specifically placed in the exempt service by the Human Resources Director in accordance with
6 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 fr om their position(s) at any time and for any reason by majority vote of the City Council, provided that such rem oval does not violate the Anahei m City Charter or applicable law.
(2) The Assistant City Manager, Deputy City Manager, and exempt employees in classifications assigned to the Executive Management unit sh all serve at the pleasure of the City Manager and may be removed from the ir position(s) at any time and for any reason by the City Manager, subject to the ratification by majority vote of the City Council, provi ded 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 Chi ef and may be removed from their position(s) at any time and for any r eason by the Fire Chief, provided that such removal does not violate the Anaheim City Charter or applicable law. Employees serving as A mbulance 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
7 Council from entering into a written agreement concerning the employment or separation from employment of any employee with r egard to whom the power of appointment o r removal or the approval the reof is vested in the City Council. In th e event a conflict arises betw een any provision in such written employment or separation agreement ap proved 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 o f Article X of the Anaheim City Charter and the provisions of AMC Chapters 1.0 5 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 f itness, free of personal, political, and protected class considerations.
(2) Appointments, promotions, and other actions requiring the appli cation of the merit principle shall be based on systematic tests and/or evaluations.
(3) Positions having similar duties and responsibilities shall be c lassified 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 perf ormance of work, the availability of funds, and, when applicable, to a lim ited-term of service provision provided herein.
(5) Improvement of service is encouraged by providing employees wit h opportunities for training, including training for advancement and general fitness for public service.
(6) Employees have the right to pursue work place complaints and sh all 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 progressi ve discipline, and such discipline may be imposed in accordance wi th these Rules shall be designed to be corrective rather than punitive in nature.
Section 1.4 Nepotism
(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 Ex ecutive Manager or other officer having appointive power appoint any re lative of his or
8 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 employme nt shall be processed by a personnel action. Such status shall become effective upon act ion by the City Manager or designee. All full- time and part-time employees shal l receive a true copy of any personnel action take n concerning their status of e mployment.
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 jurisdic tion, such findings shall not affect the validity of the remainder of these Rules.
9 RULE 2 CLASSIFICATION
Section 2.0 Purpose
(a) The Classification Plan promotes the attraction and retent ion of qualified employees by providing a structu re in which positions having si milar duties and responsibilities are classified and compensated on a uniform basis through the use of a consistent methodology for cl assifying jobs and allocating positions Citywide. The plan supports and facilitates understanding betwe en employees and their supervisors regarding job expectations; establishes c onsistent entrance qualifications; and ensures equitable compensation for similar work.
Section 2.1 Responsibility
(a) The Human Resources Director shall be responsible for re commending classification of all positions on the basis of the kind and le vel of duties and responsibilities, to the end that all positions in the same cla ss 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 sa lary range.
Section 2.2 Allocation of Positions
(a) The Human Resources Director is responsible for reviewing, crea ting, and approving proposed changes to classification specifications in consultation with the appropriate department manager or supervisor. Classificatio n specifications are to be interpreted in their entirety and in relation to othe r classification specifications within the Classification Plan. Particular phras es or examples are not to be isolated and treated a s a full definition of the clas s. Classification specifications are intended to be descriptive and explanatory o f 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 classi fication(s) or modifications to t h e s a l a r y schedule shall require City Council approval.
(3) All classification specifications must be reviewed by the respe ctive Executive Manager and approved by the Human Resources Director prior to implementation.
(4) Executive Managers may request a review if they do not agree wi th 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.
10 (5) All employees having supervisory and/or managerial responsibili ties shall have access to the current classification specifications for th eir 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 recommend ing and approving such reclassifications.
(2) Incumbents may or may not be reclassified with their positions, b a s e d upon the recommendation and approval of the Human Resources Director.
11 RULE 3 COMPENSATION PLAN
Section 3.0 Purpose
(a) The City’s Compensation Plan promotes the attraction and r etention 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 sha ll be responsible for recommend ing wages, rates, and salary schedules and/or salary ranges for each Non- Represented Full- Time and Part-Time classifications, and for the job classificat ions of City Manager, City Attorney, City Clerk, and City Treasurer.
(1) Salary structure adjustments adopted by City Council action sha ll apply to Council Appointees, unless a motion by Council to deny or modif y such adjustment is taken.
(2) Employees hired to work in any Non-Represented Part-Time classi fication with a full-time equivalent, or a s 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 establ ish the relative worth of individual jobs; ensure appropriate internal pay relat ionships; and determine the appropriate leveling of job classifications within the pay structure.
(1) The job analysis process shall be the responsibility of the Hum an Resources Department.
(2) Factors to be considered in the evaluation of the relative worth of individual jobs may include, but is not limite d to, an assessment of: leve l of organizational responsibility; required job know ledge (educatio n, experience, and training); supervision, exercised and received; scope of fiscal accountability; and necessity for written and/or oral communica tion skills.
(3) As part of the job evaluation process, internal salary relationships will also be reviewed in an effort to addr ess specific compaction issues in individual operating departments or occupational groupings.
Section 3.3 Market Compensation Analyses
(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
12 total compensation comparisons are made. The relative positioni ng to the market will vary for each position, job classification, and occupationa l g r o u p i n g t h a t i s 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.
13 RULE 4 SALARY ADMINISTRATION
Section 4.0 Purpose
(a) The purpose of this Section is to maintain a compensation program that will attract and retain qualified employees at all levels of respons ibility. Employee compensation shall be externally competitive and internally con sistent and fair.
In addition, the salary structur e shall provide the flexibility required (based upon availability of funds) to reward employees on the basis of indi vidual performance and contribution. City of Anaheim employees shall be paid a sal ary or wage within the classification range established by salary resolutio n(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 compens ated on an hourly or an annual basis. Employees com pensated on an hourly basis sh all be designated “Hourly Employees” and employees compensated on an a nnual basis shall be designated “Salaried Employees.” Hourly Employees shal l be assigned to a classification in which the pay rate is determined by plac ement on a step in the applicable salary schedule. Salaried Employees shall be ass igned to a classification in which the pay rate is any annual amount withi n a specified salary range.
(b) A Salaried Employee’s placement within a salary range is referr e d t o a s t h e employee’s compa-ratio, which is determined by dividing the emp loyee’s annual rate of pay into the market poin t of the applicable salary rang e. 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 sha ll normally be compensated at t he 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 consid eration, an Executive Manager may authorize the Human Resources Department to offer a higher step in the salary schedul e. Salary steps greater than t he seventh (7th) step require approval of the Human Resources Director.
(b) The provisions of this Rule may also apply to reemployed and re instated employees in accordance with Rule 11 – Layoff, Reassignment, an d Reemployment and/or Rule 12 – Reinstatement.
Section 4.3 New Hires – Salaried Employees
(a) Salary offers shall be between t he “Minimum” and “Market” of th e applicable salary range and shall reflect the prospective employee’s exper ience and qualifications. Employees hired at the Minimum are presumed to be qualified to
14 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 app rove a rate above the Market of t h e s a l a r y 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 pers ons to an Administrative or Ex ecutive level position at any salary withi n the applicable Administrati ve or Executive salary range.
(2) New employees shall be paid at no less than the Minimum of the salary range. New employees may be hire d above the Minimum of the rang e only if they possess experience, education, and/or qualificatio ns that exceed the minimum standards established for the position.
(3) As set forth in Rule 16 “Vacation,” the Human Resources Directo r 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 n ew hires to Management level job classes.
Section 4.4 Merit Increases – Hourly Employees
(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 (2 nd) step of the salary schedule after completion of six (6) months of service in the first (1st) step.
(2) To the third (3 rd) 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 (5 th) step after completion of six (6) months of service in the fourth (4th) step.
(5) To the sixth (6 th) step after completion of six (6) months of service in the fifth (5th) step.
(6) To the seventh (7 th) step after completion of six (6) months of service in the sixth (6th) step.
(7) To the eighth (8 th) step after completion of twe lve (12) months of service
15 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 (10 th) step after completion of twe lve (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 indivi dual merit increases effective on their merit review date. Merit increases are not automatically grante d.
Employees may be determined to be ineligible to receive a merit i n c r e a s e based upon their overall performance rating. Regular, full-time hourly employees shall be eligible for consideration for merit pay inc reases as follows:
i. To the second (2 nd) step of the salary schedule after completion of twelve (12) months of s ervice in the first (1st) step.
ii. To the third (3 rd) step after completion of twelve (12) months of service in the second (2 nd) 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 gra nted upon approval of the emplo yee's Executive Manager for continued meritorious and efficient service and con tinued 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 pr ovided above and completion of t he 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 E xception of Executive Management
(a) Salaried Employees are eligible for individual merit increases in accordance with the current “Merit Matrix” within their pay range effective on the first (1st) day of the pay period following their me rit review date. Merit increas es are not automatically granted. Employees may be determined to be inelig ible to receive a merit increase based upon their overall performance rati ng as stated in the employee’s Performance Review Plan.
(b) The City Manager shall determine the Merit Matrix each fiscal y ear based upon the City’s financial condition; the City’s ability to pay; mark et conditions; and any other factors the City Manager may deem appropriate.
16 (c) Merit increases shall be based upon an employee’s overall perfo rmance rating as demonstrated in the Performance Review Plan and in accordance w ith the Merit Matrix. The employee’s Executive Manager shall certify an emplo yee’s overall rating to the Human Resources Director for implementation of a merit increase.
(d) Employees are eligible for indiv idual merit increases within th eir 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 th at would result in a compa-ra tio 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 compen sation for the California Public Employee’s Retirement System (hereinafter, “ PERS”) or for any leave bank p ayoffs.
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 ra ting as demonstrated in the employee’s Performance Review Plan and in a ccordance with the current Merit Matrix. The City Manager shall certify a n employee’s overall rating to the Human Resources Director for implementati on of the appropriate merit increase.
(b) Employees in classifications assigned to an Executive Salary Ra nge 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 annuall y 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 an y leave bank payoffs.
17 Section 4.7 Merit Increases – City Council Appointees
(a) Between July 1 and September 1 of each year, the City Council s hall conduct and complete a Performance Review Plan for each City Council appoin tee (City Manager, City Attorney, City Treasurer, and City Clerk). The Ci ty Council shall evaluate the performance of each appointee for the period of th e preceding fiscal year. The City Council may also e lect to conduct a mid-year pro gress update to determine how effectively the appointee is meeting performance expectations and to discuss goals and objectives. Upon completion of each Perfor mance Review Plan, the City Council, by a majo rity vote of its entire member ship, 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 Pl an rating. The City Council shall also inform the Human Resources Director for such purpose.
Failure of the City Council to conduct or complete any Performa nce 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 appointe e may qualify to receive a merit pay increase, in accordance with the Merit Matrix as established for other members of the Executive Manage ment Group pursuant to Salary Resolution. Any merit pay increase aut horized 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 low er third of their range may also be eligible for consideration for an addit ional merit increase effective on the first (1 st) day of the bi-weekly pay period following January 1. The Human Resources Director is directed t o implement such merit increases in accordance with these policies.
(2) Notwithstanding the provisions of Section 4.7(a)(1) above, an a ppointee 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 gr ant no merit increase for such appointee.
(b) Nothing contained in Section 4.7 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 Counc il appointee (City Manager, City Attorney, City Treasurer, and City Clerk).
Section 4.8 Merit Increases for Non-Represented Full-Time Hourl y Employees, Part- Time Employees and Part-Time Ambulance Operators
(a) Non-Represented, full-time hourly employees are eligible for in dividual merit increases effective on their meri t review date. The effective d ate of the merit pay increase shall be the first (1st) day of the pay period followi ng approval by the Executive Manager. Employees may be determined to be ineligibl e to receive a merit increase based upon thei r overall performance rating. Me rit pay increases shall be granted upon approval of the employee's Executive Manager for continued
18 meritorious and efficient service and continued improvement by the employee in the effective performance of the employee’s duties. For purpos es of this Section, “six (6) months" shall be construed to mean thirteen (13) compl ete biweekly pay periods; and "twelve (12) months" shall be construed to mean tw enty-six (26) complete biweekly pay periods. Regular, full-time hourly emplo y e e s s h a l l b e eligible for consideration for merit pay increases as follows:
(1) To the second (2nd) step of the s alary schedule after completio n of six (6) months of service in the first (1st) step.
(2) To the third (3rd) step after co mpletion of six (6) months of s ervice 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 s ervice in the fourth (4th) step.
(5) To the sixth (6th) step after completion of six (6) months of s ervice 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 (10th) 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 Par t-Time Ambulance Operators) are eligible for individual merit increase s 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-Tim e hourly employees shall be eligible for consideration for merit pay inc reases 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 (2nd) step of the salary range after completion of five hundred and twenty (520) work hours in the first (1st) step.
19 ii. T o t h e t h i r d ( 3rd) step after completion of five hundred twenty (520) work hours in the second (2nd) step.
iii. T o t h e f o u r t h ( 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. T o t h e s i x t h ( 6th) step after completion of five hundred twenty (520) work hours in the fifth (5th) step.
vi. To the seventh (7 th) step after completion of five hundred twenty (520) work hours in the sixth (6th) step.
vii. To the eighth (8 th) step after completion of five hundred twenty (520) work hours in the seventh (7th) step.
viii. T o t h e n i n t h ( 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 (2nd) step of the salary range after completion of one thousand forty (1040) work hours in the first (1st) step.
ii. To the third (3rd) step after completion of one thousand forty (1040) work hours in the second (2nd) step.
iii. T o t h e f o u r t h ( 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. T o t h e s e v e n t h ( 7th) step after completion of one thousand forty (1040) work hours in the sixth (6th) step.
vii. T o t h e e i g h t h ( 8th) step after completion of two thousand eighty (2080) work hours in the seventh (7th) step.
viii. T o t h e n i n t h ( 9th) step after completion of two thousand eighty (2080) work hours in the eighth (8th) step.
20 (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:
i. To the second (2nd) step of the salary range after completion of one thousand forty (1040) work hours in the first (1st) step.
ii. To the third (3rd) step after completion of one thousand forty (1040) work hours in the second (2nd) step.
iii. T o t h e f o u r t h ( 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. T o t h e s e v e n t h ( 7th) step after completion of one thousand forty (1040) work hours in the sixth (6th) step.
vii. To the eighth (8 th) step after completion of one thousand forty (1040) work hours in the seventh (7th) 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:
i. To the second (2 nd) step of the salary range after completion of seven hundred eighty (780) work hours in the first (1st) step.
ii. T o t h e t h i r d ( 3rd) step after completion of seven hundred eighty (780) work hours in the second (2nd) step.
iii. To the f o u r t h (4th) step after completion of seven hundred eighty (780) work hours in the third (3rd) step.
iv. To the fifth (5 th) step after completion of seven hundred eighty (780) work hours in the fourth (4th) step.
v. T o t h e s i x t h ( 6th) step after completion of seven hundred eighty (780) work hours in the fifth (5th) step.
vi. To the seventh (7 th) step after completion of seven hundred eighty (780) work hours in the sixth (6th) step.
21 vii. To the eighth (8 th) step after completion of seven hundred eighty (780) work hours in the seventh (7th) step.
viii. T o t h e n i n t h ( 9th) step after completion of seven hundred eighty (780) work hours in the eighth (8th) step.
(c) Part-time employees serving in the Ambulance Operator classific ation 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 emplo yee demonstrates exceptional ability and proficiency in the performance of assig ned duties, the employee may be given a special merit advancement to the next h igher step without regard to the minimum l ength of service provisions cont ained in these Rules upon the recommendation of t he employee’s Executive Manag er and the approval of the Human Resources Director. Probationary employe es 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 Hu man Resources Director. Requests for special salary and equity adju stments must be submitted in writing to the Human Resources Director; state the rationale for special salary adjustment; and be signed by the employee’s Exec utive 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 Adjustments
(a) Management salary ranges are adjusted from time to time to ensu re pay remains competitive and the City continue s to attract and retain highly qualified employees. At the time of a salary structure adjustment, employ ees (including Executive Managers and Council Appointees) may be provided a pa y adjustment in an amount equal to the structure adjustments. These adjustme nts shall require a performance rating of Valued Cont ributor or better during the e mployee’s previous rating period.
(1) For an employee with a performance rating of less than Valu ed Contributor, the Executive Manager (City Manager for Executives a n d City Council for Council Appointees) may deny the structure adj ustment; grant a portion of the adjustmen t; or postpone the adjustment f or up to six
22 (6) months to allow for reassessment of the employee’s performa nce. If a merit is due to an employee during the time of the delayed stru cture adjustment, the merit date shall be extended for the same amoun t of time.
At the conclusion of the reassessment period, the Executive Man ager 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 re sult in an employee being compensated below the salary range Minimum.
(b) The Human Resources Director will review the various salary str uctures in January of each year, or as soon thereafter as possible, to det ermine whether to recommend to the City Council that the pay ranges for these str uctures be adjusted, and if so, by what percentage factor(s). A recommenda tion to adjust the pay structures, and by wh at percentage(s), will be based up on 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-Represented Full-Time Hourly 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 s hall be placed in the salary step of the lower salary schedule closest to the em ployee’s rate of pay that does not provide an increase.
(c) An incumbent employee reclassi fied with to an equivalent job cl assification shall retain the same rate of pay and merit review date for pur poses of merit pay increases.
(d) An incumbent employee reclassified to a higher job classificati on shall retain the same step and merit review date for purposes of merit pay incre ases.
(e) An incumbent employee reclassified to a lower job classificatio n shall be placed in the step of the lower salary schedule closest to the employe e’s rate of pay.
If the top step of the salary sch edule of the lower job classif ication is lower than the incumbent’s rate of pay, the rate of pay shall be iden tified as the “Y” step of the lower salary range. An employee compensated at the “Y” step because of a downward reclassification sh all remain in the “Y” step unt il such time as the employee’s job classification is assigned to a salary sched ule in which the top step is equivalent to or hi gher 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.
23 Section 4.13 Reclassification – Management
(a) An incumbent who is reclassified to a job classification at a h igher range shall be placed at the Minimum of the new range or at a rate in the rang e which provides a ten percent (10%) pay increase, provided the rate does not ex ceed 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 o f 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 sh all be given a new merit review date in accord ance with Section 4.5 of these P olicies.
(b) An incumbent who is reclassified to a job classification with n o 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 l ower range shall retain the same rate of pay in the new range. If the current ra te is higher than the new range Control Point, the employee’s pay rate shall be froze n 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 Sp ecial 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.
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-Repr esented 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 design ated 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 div ided by twelve (12).
(2) For all Non-Represented Full-Time Hourly employees with an aver age regular work week of forty (40) hours, the monthly rate shall b e the hourly rate multiplied by two t housand eighty hours (2,080) div ided by twelve (12).
(b) Non-Represented Part-Time employees shall be assigned a work we ek of seven (7) consecutive days for the pur pose of overtime. Non-Represe nted Part-Time employees shall have no guarantee of hours of work in any given work week.
Section 5.2 Fifty-Six (56) Hour Work Week
(a) The regular work schedule for “Suppression Personnel” in the Fi re Department in classifications designated as Management shall be eight (8) twe nty-four (24) hour shifts in a twenty-four (24) day cycle. The average work week o f 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). F or the purposes of Suppression overtime, authorized in accordance with Rule 6, the hourly rate shall be the annua l rate divided by two thousan d 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 p ay when the employee is at work or on paid leave for all regularly sche duled work shifts during the pay period. Su ch employees on leave without p ay shall have twenty-four (24) hours pay deducted from the one hundred t welve (112) hours biweekly pay each work shift not worked during a pa y period.
Such employees appointed other t han at the beginning of a pay p eriod, or separated other than at the end of a pay period, shall be paid for actual
25 hours worked or a maximum o f 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 alterna tives to the traditional wor k 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 b e adjusted or revoked by either party upon adequate notice to the o t h e r party. Adequate notice is understood to mean at least one (1) f ull pay period.
(4) Alternate work schedules implemented by management may be revok ed by the City upon adequa te notice to all affected employees. Ade quate 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 (1½) times their regular hourly rate of pay in accorda nce 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 fort h in Rule
26 15 – Holidays, shall be required to submit a vacation request f or each hour beyond eight (8) hours of the defined alternate work sched ule.
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/he r 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 Pay Days
(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.
27 RULE 6 PREMIUM PAY
Section 6.0 Purpose
(a) This Rule establishes the conditions under which various p remium 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 fed eral 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, outs ide 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 r equires the employee’s attendance and the employee is otherwise eligible fo r 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 i s otherwise eligible for overtime shall be c ompensated for such work at the rate of one and one-half (1 ½) times the employ ee’s regular hourly rate of pay.
(1) All overtime must be authorized by the appropriate Administrati ve Manager and/or designee.
(2) Overtime of less than one-half (½) hour duration shall be calcu lated as one-half (½) hour. Overtime of o ne-half (½) hour or more shall be calculated to the nearest one-quarter (¼) hour of time worked.
(b) A Non-Represented Part-Time employee who performs authorized work in excess of forty (40) hours during the em ployee’s regular work week and i s o t h e r w i s e eligible for overtime shall be c ompensated for such work at the rate of one and one-half (1 ½) times regular rate of pay.
(1) All overtime must be authorized by the appropriate Administrati ve 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 hourl y rate for all hours worked.
(3) Overtime of less than one-half (½) hour duration shall be calcu lated as one-half (½) hour. Overtime of on e-half (½) hour or more shall be calculated to the nearest one-quarter (¼) hour of time worked.
28 (4) A Non-Represented Part-Time employee in a classification listed b e l o w shall be guaranteed a minimum of four (4) hours pay at the empl oyee’s regular hourly rate, upon reporting to work as scheduled. For t ime worked in excess of eight (8) hour s per day or forty (40) hours in one (1) week, the employee shall be paid time and one-half (½) based on the applicable hourly rates to be c omputed to the nearest one-quart er (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/II
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 (1½) times the employee’s regul ar hourly rate of pay for all overtime hours worked while serving in that capacity.
(b) Fire Division Chiefs and Battalion Chiefs not assigned to Situa tional Manning may be compensated for overtime work authorized by the Fire Chi ef at the rate of one and one-half (1½) times their regular hourly rate of pay pr ovided that such employees have been assigned by the Fire Chief to perform work normally performed by employees assigned to Situational Manning and prov ided that Anaheim receives reimbursement for the overtime worked from out side government agencies.
(c) Management employees in exempt job classes may be compensated f or overtime work authorized by the appropriate Executive Manager at the rate of one and one- half (1½) times their regular hourly rate of pay provided that such employees have been assigned by the appropriate Executive Manager to perform w ork 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 appr opriate 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 t wo hundred twenty-five dollar s ($225) per a seven (7) consecutive day s tandby assignment as determine d by the Human Resources Director.
(2) Standby pay eligibility will be evaluated on an individual basis.
Section 6.5 Call Out
29 (a) Employees subpoenaed to appear during off duty hours as a prose cution 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 u nder the Fair Labor Standards Act and is assigned planned overtime shall b e p a i d a t t h e rate of one and one-half (1½) tim es 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 (1½) times the employee's regular rate of pay shall be guaranteed fo r 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 fo r court matters within the sco pe of the employee’s employment and who receives such subpoena before 5:00 p.m. the calendar day prior to the d ate of court appearance shall re ceive overtime compensation according to the planned overtime provisions.
Section 6.7 Temporary Upgrade – Non-Represented Full-Time Hourl y Employees
(a) Temporary upgrading shall be defined as the temporary assignmen t 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 tw o (2) hours or more, and who ar e responsible for the full range o f duties assigned to the higher l e v e l classification, shall receive a seven and one-half percent (7½% ) 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) complet e work shift, and who are responsible for the full range of duties ass igned to the higher level classification, shall receive a fifteen percent (1 5%) pay differential for all time worke d 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.
(4) Upgrade to a vacant position shall be limited to six (6) consecutive months, except in cases of extended sic k leave, industrial accident lea ve, or leave without pay.
30 Section 6.8 Temporary Upgrade – Management Employees
(a) A Management employee temporarily upgraded to another managemen t job class at a higher salary range shall r eceive a seven and one-half (7½ %) 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 (7½%) pay differential for all time worked during normal work hours if they are assigned to work in t h e higher classification for a period of one (1) complete work shi ft (eight (8) working hours) or longer. Empl oyees upgraded to the position of F i r e Marshal shall not receive upgrade pay for any hours worked outs ide the regular work shift.
(2) Employees temporarily upgraded to Fire Battalion Chief shall re ceive a seven and one-half percent (7½%) pay differential for all time worked in the higher job class during norm al working hours if they are as signed to work in the higher job class for a period of four (4) working h ours or longer.
(b) Employees temporarily upgraded under this Section must be quali fied 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 rate d 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.
31 Section 6.9 Bilingual Pay
(a) Employees required to speak, read, and/or write in Spanish or o ther languages, as well as English, as part of their regular duties of their posit ion 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 Disabi lity (“STD”) or Leave Without Pay for over forty (40) hours in a pay period sha ll not receive bilingual pay.
(1) The appropriate Executive Manager shall designate which positio ns shall be assigned bilingual duties and which language shall be eligib le for bilingual pay.
(2) The Human Resources Department s hall conduct a competency test for employees whose positions have been assigned bilingual duties t o certify these employees are eligible for bilingual pay. However, where operating departments have authorized bi lingual certifiers, they may cond uct 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 (1st) day of the pay period following the passing of the bilingual test b y the employee as provided in Section 6.9(a)(2). Bilingual pay eligib ility shall continue in accordance with the above provisions during any per iod of leave with pay.
(4) Bilingual pay eligibility shall c ontinue only as long as the em ployee’s Executive Manager affirms an ongoing need for the bilingual dut ies, and only so long as the employee dem onstrates continuing competency through a proficiency examination every three (3) years or as d eemed appropriate by the Human Resources Department.
(5) Full-time employees serving in the classifications listed on Ap pendix B, C or D who are designated and certified as eligible for bilingual p a y i n accordance with Section 6.9 (a) (1) and (2) and are required to s p e a k i n 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 Ap pendix B, C or D who are designated and certified as eligible for bilingual p a y i n 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 lang uage) in addition to speaking in English, as part of their regular dutie s, shall be compensated at the rate of ninety dollars ($90.00) per pay period.
(7) Part-Time employees serving in the classifications listed on Ap pendix F required to speak Spanish or other languages (including sign la nguage), as well as English as part of the regular duties of their position will be
32 compensated at the rate of eight y-five cents ($.85) per hour to be included in the regular hourly rate of pay.
(8) Part-Time employees serving in the classifications listed on Ap pendix F required to speak, read, and/or write Spanish or other languages (including sign language), as well as English as part of the regular dutie s 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 at least forty (40) hours.
(10) Part-time employees serving in t he 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 cla ssification 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.
33 RULE 7 APPOINTMENTS AND PROMOTIONS
Section 7.0 Purpose
(a) This Rule establishes equitable and uniform procedures int ended to attract to municipal service the best and most competent persons available , and to assure that appointments and promotions of employees are based on meri t and fitness.
Examinations shall be used and co nducted to aid in the selectio n of qualified employees, and shall consist of recognized selection techniques which will, in the opinion of the Human Resources Di rector, test fairly the qualif ications 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 s tatus, 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 authorize d to conduct recruitments and make job offers on behalf of all City departme nts. The Human Resources Department will consult with operating departments on the specifics of each recruitment, including but not limited to: the type of rec ruitment (e.g. open, ranked promotional, or unranked promotional); content of the jo b announcement; desired qualifications; and the structure and content of examin ations. Only those individuals who possess the minim um qualifications for the posi t i o n a n d w h o successfully complete the examination process may be considered for appointment or promotion.
(1) All examinations shall include a structured oral interview in w hich each job applicant is evaluated on responses to the same series of j ob- related questions. Examinations may also include job-related competency t e s t s (e.g. typing, writing, and/or computer skills), assessment cent ers, 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 b e delegated to operating departments when, in the opinion of the Human Resourc es Director, such delegation will not diminish public service and will enhan ce operational efficiencies. Such determination requires a “Delegated Employme nt Agreement” between the Human Resources Department and the operating depart ment that specifies for which classifications and recruitment functions t he operating department is responsible. The Human Resources Department shall periodically audit operating departments to ensure compliance with the Deleg ated Employment Agreement, Personnel Rules, and/or applicable/releva nt Memorandum of Understandings.
34 Section 7.2 Recruitment – Open
(a) Unless otherwise indicated at the time a recruitment is announc ed, recruitments are open to the general public. Recruitment announcements shall be distributed widely enough to ensure a divers e and qualified applicant pool, a n d s h a l l , a t a minimum, include the following information:
(1) Title, pay-rate and pay range, minimum requirements, and genera l description of the classificati on for which the recruitment is conducted.
(2) Description of the specific duties of the position for which th e recruitment is conducted.
(3) Any desirable qualifications in addition to the minimum qualifi cations for the position (e.g. bilingual skills).
(4) Application procedures including last day to apply or a stateme nt that the recruitment shall remain open on a continuous basis until the p osition is filled.
(5) Type of eligibility lis t that will be created from the recruitm ent (i.e., position, department, or classification).
(b) At the conclusion of the filing period (or periodically for a c ontinuous recruitment), an applicant who has failed to demonstrate posses sion of the minimum requirements for the position shall be removed from fur ther consideration. For open recruitments for a classification, the remaining applicants shall be placed on an eligibility list; however, only those rem aining applicants whose qualifications best fit the position shall be referred fo r consideration.
Eligibility lists for open recr uitments for specific positions will include solely those candidates that have been interviewed. Multiple eligibili ty 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 ex ternal applicants, including r eference 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 specifyi ng which type of eligibility list will be e stablished (i.e., position, d epartment, or classification).
35 (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 cons idered depleted.
(3) Eligibility lists may be extended by the Human Resources Direct or 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 empl oyment and to negotiate wages and benefits.
(f) Notwithstanding any other provisions of this Rule, vacant posit ions which would otherwise be filled by an open recruitment may be filled by app ointing a Part- Time employee who is currently employed in a Part-Time classifi cation to a comparable full-time classification without qualifying the empl oyee through the competitive process.
Section 7.3 Recruitment - Promotional
(a) At such times as the “Appointing Authority,” with concurrence o f 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 th e number of employees qualified for promotion is insufficient to justify competition.
(b) When the Human Resources Director has determined that the numbe r of employees qualified for promotion is sufficient to justify comp etition, a promotional announcement shall be distributed to the organizati on and shall, at a minimum, include the following information:
(1) Title, pay-rate, minimum require ments, 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 qualifi cations 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, dep artment, or classification).
36 (c) At the conclusion of the filing period, an applicant who has fa iled to demonstrate possession of the minimum requirements for the position shall b e 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 m ay be ranked. Such lists may als o 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 specifyi ng which type of promotional eligibility l ist will be established (i.e. ranked or unranked, position, department, or classification).
(2) When creating a ranked list, eligible candidates shall be liste d in the order of final evaluation and appointments from that list shall norma lly follow rank order. When ranking a promotional eligibility list, approp riate consideration shall be given to promotional candidates' qualifi cations, record of performance, and seniority, in that order.
(3) Promotional eligibility lists shall remain in effect for a peri od 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 Reso urces 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 sha ll be given written notice of removal of their names from eligibility lists.
Section 7.4 Promotion Without Competition
(a) An employee may be promoted w ithout qualifying through the comp etitive process when such employee is in a classification with a recogn ized career progression (e.g. from Management Analyst I to Management Analyst II), or when the Human Resources Director determines that the number of empl oyees 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.
37 (c) When the Human Resources Director determines that that the numb er of employees qualified for promotion is insufficient to justify co mpetition, the Executive Manager of the department with the vacancy shall info rmally solicit interest among department employe es; discuss the position and i ts requirements with all qualified employees who indicate interest; and conside r an employee’s record of performance. The Executive Manager shall provide the results of the informal process and recommendation for promotion to the Hu man Resources Director.
Section 7.5 Promotions – General
(a) An employee promoted to a Non-Represented Full-Time Hourly or P art-Time classification assigned to salary schedule shall be placed in t he step of the higher salary schedule that will provide a pay increase of not less th an 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 s chedule. 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-Ti me Management classification assigned to a salary range shall be p laced 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 a t a r a t e i n t h e r a n g e w h i c h p r o v i d e s a m i n i m u m f i f t e e n p e r c e n t (15%) pay increase. In no case may the increase cause the employee’s sala ry 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 Deput y 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.
38 (c) Promotions to Administrative Mana gement positions must be appro ved by the City Manager.
(d) The City Manager may appoint a current City employee to an Admi nistrative Management position at any rate within the designated salary range.
(e) The City Manager has sole disc retion to provide additional vaca tion accrual or vacation balance in accordance with the provisions of Personnel Rule 16 – Vacation to an employee appointed to a higher level management position.
(f) The Human Resources Director may recommend pay adjustments or o ther remedies to correct pay inequitie s arising out of the applicati on of these promotional policies where pay rates are not internally equitab le. All recommendations shall require the approval of the City Manager.
Section 7.6 Acting Appointments – Management
(a) An “Acting Appointment” is the ap pointment 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 emplo yee such as illness, vacation, prolonged jur y 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 p ositions that are essential to maintain public services and/or efficiency of oper ations within the City.
(b) An Acting Appointment of a person meeting the minimum qualifica tions for the position may be made by the appropriate Executive Manager with the approval of the City Manager for “Administrative Management” positions. Act ing appointments to all other management positions shall only be ma de with the approval of the Human Resources Director under special circumst ances 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 Appointme nt 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 an d responsibilities corresponding to those included in the job des cription for the acting position and must be assumed on a full-time basis. H owever, in some departments, individuals may take on additional assignment s and
39 responsibilities at a higher level while maintaining their curr ent job for a limited duration.
(4) The appointee in all cases must meet the requirements as provid ed 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 a cting appointment, but is performing duties associated with the posit ion, an appropriate acting classification and level of pay, if warrante d, will be determined.
(6) The normal promotional salary progression will apply in accorda nce 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 emp loyee’s merit review date will remain the same.
(d) For Management classifications, an eligibility list shall norma lly be established within twelve (12) months of the effective date of the acting a ppointment.
(1) In the event that any acting appointee fails to qualify for pla cement on the eligibility list, the employee shall be removed from the acting appointment no later than the close of the first (1 st) complete biweekly pay period following the establis hment of the eligibility list.
Section 7.7 Provisional Appointments
(a) A “Provisional Appointment” is t he appointment of a person from outside the organization to a position on a temporary basis for a limited d uration when a legitimate need exists to fill a v acancy prior to the establish ment of an eligibility list. The Provisional Appointment of a person meeting the minimum qualifications for an Administrative Management vacancy requires the prior app roval 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 est ablished for the position. No P rovisional 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.
40 (c) A Provisional Appointment may be permitted to occupy a vacant p osition provided that the appointing aut hority certifies that the nomin ee is qualified for appointment based on an evaluation of experience, training or e ducation, and there are no reemployment lists for the position.
(d) For purposes of computing the ap propriate pay rate, Provisional Appointments shall be considered new appointments. If the provisional appoin tee is placed in the position through a co mpetitive process after serving in a p rovisional capacity, the action will be a status change from provisional to probatio nary 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 fram es of the provisional appointment, said provisional appointment shall end and the provisional appointee shall be terminated.
(f) If it is not possible to establis h an eligibility list for any reason, the City Manager, upon recommendation from the Human Resources Director, may appr ove a provisional appointee to a probationary appointment provided th at the department has interviewed available candidates and determined that the ca ndidates do not possess the skills needed to fill the vacancy and the Human Res ources Director concurs with such determination.
Section 7.8 Grant-funded Positions
(a) Appointments to certain grant-f unded and/or limited-term positions as designated by the City Manager may be made without competitive examination s and/or evaluations. Such appointments ma y be made by the appropriate E xecutive Manager with the approval of the Human Resources Director. In t he event that a grant-funded and/or limited-term appointee fails to complete co mpetitive 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 Ru le shall not apply to emp loyees 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.
41 RULE 8 SPECIAL ASSIGNMENTS
Section 8.0 Purpose
(a) Special assignments under the provisions of this Rule allo w 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 Assignment – Fire Battalion Chief
(a) Employees shall be placed in the position of Fire Battalion Chi ef – 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 assignment s of Fire Battalion Chief – 40 Hour, and persons so assigned shall serve at the wil l 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 Ass ignment at any time.
(1) An employee who is assigned to the classification of Fire Batta lion Chief – 40 Hour shall be placed in the “FR30” salary range which prov ides the same compa-ratio. The employee shall retain the same merit review date.
(2) Any specialty pay provided to an employee shall be considered p art of the employee’s base salary for the purpose of calculating the pay i ncreases described above.
(c) When returned to the classification of Fire Battalion Chief – 5 6 Hour, the employee’s rate of pay shall be the same current compa-ratio. H owever, the employee’s rate of pay cannot exceed the Control Point of the s alary range for Fire Battalion Chief – 56 Hour when recalculated, unless the em ployee’s rate of pay exceeded Control Point prior to the special assignment.
42 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 employe e at any time during the probationary period if the employee’s work and condu ct is determined to be below standards.
Section 9.1 General
(a) Newly appointed employees; employees promoted; employees reinst ated after thirty (30) days in accordance with Rule 12 – Reinstatement; em ployees reassigned according to the Vocational Rehabilitation Administr ative 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 o r 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 regul ar 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 emp loyee shall be granted regular status in the classification in which the pr obationary 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 b e below standards satisfactory to the Appointing Authority, the appropriate Executi ve Manager may reject the pro bationer 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 contr ary to the provisions of any state or federal law or Chapter 1.05 of the City of Anah eim Municipal Code (Personnel System).
(b) An employee shall be retained beyond the end of the probationar y period only if the appropriate Executive Manager affirms that the services of the employee have been found to be satisfactory. How ever, in the event the Execut ive Manager fails
43 to either affirm or reject a pro bationary employee prior to the e n d o f t h e employee’s probationary period, the employee will be considered to have satisfactorily completed the pr obationary period and shall be g ranted regular status in the classification in which the probationary period is served.
Section 9.3 Probationary Rejection
(a) A Management, Non-Represented Full-Time Hourly, or Non-Represen ted Part- Time employee rejected or laid off during the probationary peri od from a position to which the employee ha s been appointed from outside the organization shall be separated from City service.
(b) A Management or Non-Represented Full-Time Hourly employee rejec ted or laid off during the probationary period from a position to which the employee had been promoted or transferred shall be returned to the classific ation in which the employee had regular status unless the reasons for failure to complete the probationary period would be cau se for dismissal from City service.
(c) Anaheim will make every reasonable effort to return a Non-Repre sented 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 t he probationary period would be cause for dismissal. If not returned to the former classification, the em ployee shall be separated from City service/employment.
(d) The appropriate Executive Manager shall request the Human Resou rces Department to prepare a Personnel Action Form to separate or re turn 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.
44 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 suspe nded, 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 u se of other forms of less seve re 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 N on- Represented Full-Time Hourly or Part-Time employee’s work perfo rmance or conduct justifies disciplinary action short of demotion or dism issal, the employee may be suspended without pay in any number of full work-day inc rements 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 determ ined by the appropriate Executive Manager to have violated workplace conduc t rules or committed major safety violations , the Executive Manager may su spend 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 o f an FLSA exempt employee found to have violated workplace conduct rules may be reduced, provided that the reduced salary is not below the minimum salar y required by applicable law or regulation.
Section 10.2 Procedure
(a) An employee may be reduced in pay; suspended without pay; demot ed; or dismissed upon recommendation by an Administrative Manager or o ther appropriate supervisor whenever, in the judgment of the appropr iate Executive Manager, the employee’s work performance or misconduct so warra nts. Such actions must be reviewed by the Human Resources Department. Pri or to imposing any discipline, authorized under the provisions of thi s Rule, the appropriate Executive Manager or Administrative Manager, at a minimum, shall:
(1) Provide written notification to the employee of the proposed di scipline 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.
45 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 o rally or in writing prior to t he proposed effective date of the discipline.
(2) Provide copies of documents that were considered in determining t h e proposed discipline.
(3) Provide written notification of t he final determination after c onsideration of the employee’s response or af ter the response deadline if th e 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 n otification containing a statement of the substantial reasons for the actio n and the effective date of the action.
Section 10.3 Exemptions
(a) The provisions of this Rule shall not apply to employee s in classifications designated exempt in accordance with Section 1.2 (b) of these Rules.
46 RULE 11 LAYOFF, REASSIGNMENT, AND REEMPLOYMENT
Section 11.0 Purpose
(a) The purpose of this Rule is to establish consistent pr ocedures when implementing a reduction in the City’s work force in response to changes in economic conditions or City Council priorities. Layoffs shall be impleme nted for a lack of work or lack of funds and shall be on the basis of an evaluatio n 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 wo rk or lack of funds shall be reassigned by the employee’s Executive Manager t o the position within the same division or department in an equivalent or lowe r job class closest to the employee’s current classification for which the employee meets the minimum requirements and has City seniority over other employe es in the job class. In the case of employees having equal City seniority, th e tie-breaker will be resolved by a random lottery. If the employee whose position h a s b e e n abolished does not have City seniority over other employees in equivalent or lower classes, the employee may be reassigned by the Executive Manage r to any vacant position within the department in an equivalent or lower job cl ass, for which the employee meets the minimum requirements.
(1) Employees in Non-Represented Full-Time Hourly job classes who a re reassigned shall be placed in the salary step of the appropriat e salary range closest to their rate of pay. Employees so reassigned sha ll be reinstated to their former job class and salary step status whe n 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 Manag ement job class shall retain their current merit review date and thei r current rate of pay if it falls within the salary range of the classificatio n reassigned.
Otherwise, their rate of pay will be adjusted to the Control Po int of the salary range for the new classification. In no case shall the m anagement 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-Represe nted Full-Time Hourly or bargaining unit classification will be plac ed 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 reass igned to a management job classification wh ere the salary range Market Poi nt is equal to or less than the top step of the bargaining unit job classification
47 shall retain their current rate of pay provided it falls betwee n the salary range minimum and market points of the management classificatio n.
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 r eassigned 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 empl oyee meets the minimum qualifications for empl oyment. Employees reassigned to vacant positions in an equivalent or lower job class in any other depa r t m e n t s h a l l b e 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 (1) year of reassignment. Such reassignment shall be on the basis o f City seniority.
(c) An employee who is reassigned in lieu of layoff to a job classi fication 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 employ ee shall retain the same anniversary date for purpos es of merit pay increases.
(e) Whenever an employee is reinstated to a vacant position in a fo rmer job class held by the employee, or re-emp loyed as herein provided, the em ployee shall be given a new anniversary date for purposes of merit pay increase s in accordance with the provisions of Rule 4 – Salary Administration.
Section 11.2 Reemployment
(a) Whenever an employee whose position has been abolished is not r eassigned to another position, the employee shall be separated from City ser vice 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 th e 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-tim e 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 consid ered to have continuous service and shall be c redited with the amount of acc umulated sick leave the employee had accrued at the time of layoff if the employee elects to remit to the City any payment receive d under the provisions of Rule 17 – Sick Leave.
48 Section 11.3 Exemptions
(a) The provisions of this Rule shall not apply to employees i n classifications designated exempt in accordance with Section 1.2 (b) of these R ules, Non- Represented Part-Time employees, and employees appointed to cer tain grant- funded and/or limited-term positions as designated by the City Manager under Rule 7.8.
49 RULE 12 REINSTATEMENT
Section 12.0 Purpose
(a) This Rule establishes provisions that allow the reinstatem ent of employees who terminated employment in good standing without requiring such e mployees 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 p osition 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 o f termination and shall retain the same anniversary date for purposes of meri t pay increases. If the anniversary date occurred during the period of absence, the employee shall be given a new anniversary day set to the fi rst (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-Re presented Part-Time employee reinstated after thirty (30) days of termination date shall ser ve a new probationary period; may be consid ered to have broken service f or 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 Vocat ional 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.
50 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 requi re the approval of the Executiv e 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 annive rsary 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 Voca tional 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 demot ion to a lower job class may be reinstated to a vacant position in a former jo b 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 form er job class from a voluntary d emotion shall be placed in the salary ra nge at the same rate of pay or on the salary schedule of the former job class closest to the employee’s curr ent rate of pay. The employee shall retain the same anniversary date for purposes of merit pay increases; however, if the employee is placed in t he first (1st) through sixth (6 th) step of a salary schedule or below market in a salary range, the employee shall be eligible for a merit pay in crease after six (6) months or the employee’s regular anniversary date, whic hever is sooner.
Section 13.3 Exemptions
(a) The provisions of this Rule shal l not apply to employees in cla ssifications designated exempt in accordance with Section 1.2 (b) of these Rules.
51 RULE 14 TRANSFER
Section 14.0 Purpose
(a) This Rule sets forth procedures for the transfer of employees i n order to meet business needs; ensure efficiency and effectiveness of operatio ns; train employees; and retain a quality workforce.
Section 14.1 Definition
(a) A change of an employee’s place of employment from one div ision 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 ma y be initiated by the City Manager, Executive Manager, or by request of the emplo yee to the Human Resources Director.
(1) A transferred employee shall retain the same rate of pay and an niversary date for purposes of merit pay increases.
(2) If a Transfer is initiated by reque st of an employee to a job c lass with minimum standards of employment substantially different from th ose of the employee’s current job class, the employee shall be require d to demonstrate eligibility for employment in accordance with the p rovisions 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 interest s of the City shall be encouraged by all echelons of management.
Section 14.3 Exemptions
(a) The provisions of this Ru le shall not apply to emp loyees in classifications designated exempt in accordance with Section 1.2 (b) of these Rules.
52 RULE 15 HOLIDAYS
Section 15.0 Purpose
(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-ti me Management and Non-Represented Full-Time Hourly employees in the classifie d service with the exception of Fire Battalion Chief(s) assigned to Suppressio n as outlined in Section 15.3, shall have these holidays off with pay:
(1) January 1st, 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 11th, 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 prece ding the holiday or the following work day as sc heduled 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 (1½ ) times the emp loyee’s regular rate of pay for each hour worked.
(d) Fire Battalion Chiefs assigned to Suppression and job classes e xempt from overtime provisions of Rule 6 – Premium Pay shall be exempt from the provisions of this Section.
(e) In order to be eligible for holid ay pay, an employee must be ei ther at work or on paid leave of absence on the regularly scheduled work day immed iately preceding the holiday or day observed in lieu of the holiday and the regu larly scheduled work day immediately following th e holiday or day observed in l ieu of the holiday. No employee who is on suspension or unpaid leave of ab sence on either the regularly scheduled work day immediately preceding o r immediately
53 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 M anagement employee serving in a classification included in Appendix A through C wi ll 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 1st 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 a lternate 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 regular ly scheduled to work more than eight (8) hours, the employee will receive only eight (8) hours of holiday p ay. The employee shall be requ ired to submit a request for vacation to be charged to that day for all r e g u l a r l y scheduled work hours in excess of eight (8), unless, at managem ent’s discretion, the employee requests in advance and receives writt en authorization to make-up the hour(s) by working on some other day during that same work period. The add itional hour(s) worked shall not be considered overtime and the employee shall be paid at their reg ular hourly rate of pay.
(2) In the event an employee does no t request to make-up hour(s) or i s n o t 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 wi thout pay for all regularly scheduled hour s in excess of eight (8).
Section 15.3 Holidays – Suppression Employees
(a) Fire Battalion Chiefs assigned to Suppression shall receive add itional compensation equivalent to 1 3 . 4 h o u r s of the employee’s regular b i - weekly compensation for each holiday listed in Section 15.1. Employee s 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 1s t. Selection of the “Holiday O ption” shall be made on September 1 of each year.
54 (b) Upon termination, a Fire Battalion Chief assigned to Suppressio n shall be compensated in cash at the empl oyee’s current rate of pay for a ny hours accrued but not taken.
(c) No employee who is on suspensi on or unpaid leave of absence dur ing a holiday pay period shall receive additional compensation or accumulate hours during that pay period.
Section 15.4 Part-Time Employees excluding Part-Time Ambulance Operators
(a) Non-Represented Part-Time employees in specified classification s shall receive pay at the rate of one and one-half (1½) times their regular hourly rate of pay for working the following:
(1) January 1st, 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 list ed below shall receive pay at the rate of one and one-half (1 ½) 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).
55 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 t he 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 accr ued vacation upon completion of six (6) months of service.
(c) The maximum amount of vacation that may be taken at any given t ime shall be that amount that has accrued to the employee concerned.
(d) In the event that any recognized holiday occurs during an emplo yee's vacation, the holiday shall not be charged a gainst 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 p rovisions of this Rule under any period of leave with pay, except that Public Saf ety employees who remain on Industrial Accident Leave in accordance with Rule 19 – Industrial Accident Leave after exhausti ng State mandated §4850 benefits s hall not accumulate vacation. Employees sha ll not accrue vacation while on Short-Term Disability or Long-Term Disability.
Section 16.2 Paid Vacation Accruals: Full-Time Management and N on-Represented Full- Time Hourly
16.2.1 Full-Time Management and N on-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 peri od of leave with pay.
(b) Employees covered by this rule with an average work week of for ty (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 vacati on at the rate of four (4) ho urs for each complete biweekly pay p eriod plus two (2) hours for pa id
56 vacation at the close of the fina l 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 serv ice, 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 compl ete 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 compl ete biweekly pay period (two hundred thirty-four
(234) hours per year).
16.2.2 Full-Time Non-Represented emp loyees 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 peri od of leave with pay.
(b) Full-time employees covered by this rule with an average work week of forty (40) hours shall receive a nnual vacation with pay in acco rdance 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 biwe ekly pay period of each fiscal year (138.5 hours or 17.3 working day s per year).
(2) Upon completion of four (4) year s of continuous, full-time serv ice, such employees shall accrue paid vacation at the rate of six an d a
57 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 ser vice, 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 a ccrue 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-t ime service, such employees shall ac crue 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 s h a l l b e a s 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) c omplete 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 thir ty (130) hours for every twenty-six (26) c omplete 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 fift y-six (156) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be thr ee hundred twelve (312) hours.
58 (4) For employees accruing vacation at the rate of one hundred eigh ty-two (182) hours for every twenty-six (26) complete biweekly pay per iods, the maximum amount of vacation that may be accumulated shall be thr ee hundred sixty-four (364) hours.
(5) For employees accruing vacation at the rate of two hundred eigh t (208) hours for every twenty-six (26) c omplete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be fou r hundred sixteen (416) hours.
(6) For employees accruing vacation at the rate of two hundred thir ty-four (234) hours every twenty-six (26) complete biweekly pay periods , the maximum amount of vacation that may be accumulated shall be fou r 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 s h a l l b e a s follows (except as provided for in Section 16.1):
(1) For employees accruing vacation at the rate of five and a quart er (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 quarte r (6.25) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be thr ee hundred and twenty-five (325) hours.
(3) For employees accruing vacation at the rate of seven and a quar ter (7.25) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be thr ee hundred and seventy-seven (377) hours.
(4) For employees accruing vacation at the rate of eight and a quar ter (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 f or every twenty-six (26) complete biweekly pay periods, the maximum amou nt of vacation that may be accumulated shall be five hundred and twen ty (520) hours.
(6) For employees accruing vacation at the rate of eleven (11) hour s for every twenty-six (26) complete biweekly pay periods, the maximu m amount of vacation that may be accumulated shall be five hundre d and
59 seventy-two (572) hours.
Section 16.4 Paid Vacation: Fu ll-Time Non-Represented Management
(a) The minimum amount of vacation that may be taken at any given t ime shall be one (1) day.
(b) Management employees shall have t he number of hours of their re gular work day deducted from their accrued vacation time for each day of vacation taken.
Section 16.5 Paid Vacation: Non-Exempt Non-Represented Full-Ti me Hourly
(a) The minimum amount of vacation that may be taken at any given t ime shall be one-half (1/2) hour. Each non-exem pt Non-Represented Full-Time Hourly employee shall have one-half (1 /2) hour deducted from the emplo yee’s accrued vacation time for each one-hal f (1/2) hour of vacation taken.
Section 16.6 Paid Vacation Payout – Management and Non-Represented Full-Time Hourly
(a) Upon termination, an employee eligible for vacation accrual und er Section 16.2 shall be compensated through payroll at the employee’s current base rate of pay for any vacation accrued but not t aken. Upon termination, the e mployee shall be compensated for the full accrual for the final pay period.
(b) Upon retirement or layoff, in lie u of compensation, the employe e may elect to defer the full accrual into the 457 deferred compensation plan, s u b j e c t t o t h e annual maximum amount limitation. If the full accrual exceeds t he 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 t he 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) ho urs as a result of the request;
(3) The employee’s Executive Manager must approve the employee’s re quest for the vacation pay-off. The City Manager or the City Manager’s designee shall be the approving authority for requests under this provis ion by Executive Managers; and
(4) Management employees are not eligible for vacation pay-off as d efined in
60 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 M arshal may request to be compensated for accrued vacation hours at any tim e throughout the year subject to the following provisions:
(1) The employee must have used a minimum of forty (40) hours of va cation 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 respect ive employee’s request for vacation pay-off. The City Manager or th e 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 Manage r may approve, a one-time crediting of the vacation time bank for new hires into Management classifications for use upon completion of six (6) m onths in the position.
(1) For new hires or promotions assign ed to Executive, Administrati ve, or high level Management positions, the Human Resources Director m ay recommend and the City Manager may approve an alternate vacatio n accrual rate at the time of hire or promotion.
Section 16.8 Compensation in Lieu of Paid Vacation: Part-Time S pecial Classifications
(a) Employees working in the Non-Represented Part-Time clas sifications listed below who work eight hundred (80 0) or more hours in any calenda r year shall be paid three percent (3%) of their gross earnings as vacation ben efits. 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 1st thereafter, full-time employees serving
61 in classifications included on Appendices A through C shall rec e i v e s i x t e e n ( 1 6 ) hours of administrativ e leave. Effective January 1, 2024, the a nnual number of administrative leave hours shall be increased to twenty-four (24) total hours.
(b) Full-time employees who begin employment after January 1 st in any calendar year
but on or before June 30 th of such calendar year shall receive eight (8) hours of administrative leave for that calendar year. Effective January 2, 2024, full-time employees who begin empl oyment after January 1 st in any calendar year but on or before June 30th of such calendar year the number of administrative leave hours shall be increased to sixteen (16) hou rs total hours. Full-time empl oyees who begin employment on July 1st through December 31st in any calendar year shall not receive administrative leave until January 1 st of the following year. Effective January 2, 2024, full-time employees who begin employment on July 1st through December 31st in any calendar year shall receive eight (8)hours administrative leave hours.
(c) Effective September 29, 2023, full-time employees serving in classification included on Appendices A through C, who were employed as of July 1, 2023, shall receive a one-time addition of eight (8) additional hours of administrative leave.
(d) Administrative leave has no monetary value, cannot be cashed-out and must be used by the end of the calendar year.
(e) Administrative leave shall be scheduled and taken in accordance with the best interests of the City and the department or division in which t he employee is employed.
(f) Employees will be eligible to use administrative leave hours upon completion of six (6) months of service with the City.
(g) Use of administrative leave does not count towards usage criteria for the cash out of vacation hours pursuant to Rule 16.
Section 16.10 Exceptions
(a) This Rule does not apply to Management employees with an av erage work week of fifty-six (56) hours or to employees serving in the classification of Ambulance Operator; refer to Rule 18 – Paid Leave.
62 RULE 17 SICK LEAVE
Section 17.0 Purpose
(a) This Rule describes the provision for Sick Leave us age 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 follow ing provisions:
(1) Full-time employees with an averag e regular work week of forty (40) hours shall accrue paid sick leave at the rate of three (3) hou rs 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 l eave with pay, except that Pub lic Safety employees who remain on Industrial Accident Leave in accordance w i t h 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 Disab ility 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 t o the difference between temporary disability payments mandated by th e State of California Labor Code and the employee’s regular base rate of pay.
Section 17.2 Sick leave Usage/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 Fa mily Medical Leave or Short-Term Disab ility situations exist.
(1) An employee may, at the employee’s option, elect to use vacatio n time to
63 bridge the period after sick leave is exhausted and prior to Sh ort-Term Disability commencing.
(c) Non-Exempt Non-Represented Full-Time Hourly employees shall hav e one-half (1/2) hour deducted from accrued sick leave time for each one-h alf (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, s uch 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 Hou rly 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 hou rs accumulated beyond one hundred seventy-five (175) hours in each calendar year.
i. Payment shall be made in Ja nuary of each year, or upo n 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 accumulat ed 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 employe e may elect to defer the entire accrual into the 457 deferred compens ation plan, subject to the annual maximum amount limitation, or convert up to one hundred seventy-five (175) hours to PERS service credit.
i. 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 e mployee’s beneficiary, as designated by the PERS records, the cash equiva lent (paid at base salary rate) of all hour s accumulated up to the maximum o f o n e 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
64 holiday shall not be charged against the employee's accrued sic k leave. The only sick leave hours that shall be charged against any employee's a ccrued sick leave shall be those hours that the emp loyee is regularly scheduled to work.
Section 17.5 Requirements/Conditions
(a) An employee eligible for paid sick leave under Section 17.1 sha ll 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 a pproval of the employee's supervisor and w ill be granted in accordance wit h 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 mem ber. “Immediate family” means a child, parent, spouse, or registered domestic partner of the employee regardless of residence. As used in thi s Rule, registered domestic partner means that a Declaration of Domesti c Partnership has been filed with the California Secretary of State.
(6) Any and all other reas ons 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 sha ll inform their immediate supervisor of the fact and the reason therefore as so on 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 Administrativ e Manager may require that the employee s ubmit a written statement by a p hysician licensed by the State of California certifying that the employee's condi tion prevented the employee from performing the dutie s of the employee’s position. Failure on the part of the employee to comply w ith such a requirement may be c onsidered 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 disable d due to a health
65 condition for more than one (1) calendar month, may be eligible u n d e r t h e terms of the City’s program to receive a Short-Term Disability benefit of net sixty percent (60%) of the empl oyee’s base rate of pay, after w ithholding taxes, and less deductible benefits.
(1) Such disability benefit shall continue during total disability up to a maximum of six (6) months, incl uding the thirty (30) day elimin ation period, from date of disability.
(2) Payment of Short-Term Disabilit y benefits is contingent upon th e continuation of on-going medical treatment.
(3) Short-Term Disability benefits shall continue beyond sixty (60) and/or one hundred twenty (120) days of abs ence 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 b y any employer; Workers’ Compensatio n Act or similar law including be nefits for partial or total disability, whether permanent or temporary , if benefits being received are for the cu rrent disabling condition; and a p ension plan toward which the City contributed.
(b) Payment of employee premiums sha ll be waived for any Anaheim sp onsored medical, dental, and life insur ance benefit plans during any bi weekly 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 t he continuing disability.
66 Section 17.7 Long-Term Disability
(a) A Non-Represented Full-Time employee, other than an employee se rving 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 t han six (6) months shall receive Long-Term Disability benefits in accordanc e with the provisions of this Rule.
(b) If two (2) or more periods of total disability occur during a s pecific six (6) month elimination period for the insured Long-Term Disability plan, a ll such periods shall be considered as one (1) period of continuous total disab ility 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 p eriod of continuous total disability for the insured Long-Term Disability plan, shall qualify as one (1) period of continuous total disability for th e Anaheim Disability Plan and shall not re quire a new one (1) month waiti ng period 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 Di sability 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.
RULE 18 PAID LEAVE
Section 18.0 Purpose
(a) The purpose of this Rule is to describe the provisions f or Paid Leave (Vacation and Sick Leave) usage and accruals for Full-Time employees ser ving in classifications listed on Appendix D or E with an average, regu lar work week of fifty-six (56) hours.
Section 18.1 Accruals
(a) Full-time employees serving in a c lassification listed on Appen dix 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 biweek ly pay period (325 hours per year ).
(2) Upon completion of four (4) year s of continuous, full-time serv ice, such employees shall accrue paid leave at the rate of thirteen and o ne 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 ser vice, such employees shall accrue paid leave at the rate of fourteen and t hree quarters (14.75) hours for each c omplete biweekly pay period (3 83.50 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 biweek ly 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 compl ete biweekly pay period (481 h ours 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 complet e biweekly pay period (507 h ours per year).
(b) Employees serving in full-time Ambulance Operator classific ations 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 em ployment for employee’s own health condition or a family member for the diag nosis,
68 care or treatment of an existing health condition, or other rea son provided under the law. Family member shall include spouse, child, paren t, step- parent, grandparent, or other person as required under state or federal law.
(2) Employees shall be eligible to take paid leave for the purp oses 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 t o 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 u pon employee’s separation from employment. Cash-out of paid leave upon separat ion 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 come s under the State of California Workers’ Compensation Insurance and Safety Act, after eligibility for In dustrial Accident Leave has ended, shall receive maximum compensation from the City in an amount equal to the difference between t emporary disability payments m andated by the State of California Workers’ Com pensation 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, e xcept that employees who rema in on Industrial Accident Leave after exhausti ng State mandated §4850 benefits s hall 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 certific ation from a licensed medical practitioner that the emp loyee is disabled and unable t o work. Paid leave time for reasons other than illne ss or injury shall be schedule d 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 ca use for disciplinary action.
69 (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 o f 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 acco rdance with Fire Department operating policies.
(h) In the event that an employee l eaves work during working hours and is placed on paid leave time prior to the close of the work day, such paid l eave 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 un der the following conditions:
(1) Upon termination, the employee shall be paid for all hours accr ued but not used in excess of two hundred forty-five (245) hours. In the ev ent 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) ho urs.
(2) Upon retirement or layoff, in lieu of compensation, the employe e may elect to defer the entire paid leave accrual into the employee’s 457 deferred compensation plan, subject to the annual maximum amount limitat ion.
i. 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 thr ee hundred fifty (350) hours (or at the emp loyee's option in excess of sev en 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 e mployee’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 writ ten and signed request to the Finance Department, Payroll Office. Reque sts submitted during any biweekly pay period shall be paid on the p ayday for that pay period. A maximum of four (4) such payments shall be
70 allowed each calendar year. When requested, such payments may b e 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: Forty (40) Hour to Fifty-Six (56) 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 accu mulated shall be added togeth er, 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 compl ete pay period the employee was assigned to the forty (40) hour assignment, except that the re shall be no credit for time in a forty (40) hour assignment.
(2) The employee's paid leave account shall be credited with the ho urs 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) H our to Forty (40) Hour
(a) In the event an employee's work s chedule changes from a fifty-s ix (56) hour assignment to a forty (40) hour assignment, paid leave time acc rued but not taken shall be converted as follows:
(1) Hours in the employee's paid leave time account shall be reduce d by multiplying the balance by the ratio of 40/56 (.7143) and round ed 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) h ours and shall be available for immediate use.
(3) The employee's account balance for paid vacation shall be credi ted with any hours remaining and shall be immediately available for use.
Section 18.6 Non-Industrial Disability Leaves
71 (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 empl oyee may, at their option, use ac crued paid leave time in lieu of the disability benefit described in Section 18. 6(a). When exercising such an option, the em ployee shall exhaust all accru ed 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 t han ten (10) regularly scheduled work shifts s hall 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 p eriod, from date of disability.
(1) Deductible benefits include salary or other compensation paid b y any employer, Workers’ Compensation Act, or similar law including b enefits for partial or total disability, whether permanent or temporary , if benefits being received are for the cu rrent disabling condition; and a p ension plan toward which the City contributed.
(2) “Total Disability” means an empl oyee's complete inability to en gage in their regular occupation.
(3) Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medic al practitioner who certifies t o 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 Disability
(a) An employee who is continuously a nd totally disabled for more t han six (6) months shall receive Long-Term disability benefits in accordanc e 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.
72 RULE 19 INDUSTRIAL ACCIDENT LEAVE
Section 19.0 Purpose
(a) This Rule describes the p arameters under which Industrial Accident Leave is allowed for full-time Management employees serving in the class ifications 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 St ate of California Labor Code, such absence shall be considered Industrial Acciden t Leave.
(b) Industrial Accident Leave shall begin on the first (1 st) day of such absence as defined in Section19.0.
(1) Industrial Accident Leave shall continue during all absences du e 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 Indust rial Accident Leave for that particular injury or disease.
(4) A written statement from the tre ating physician that the employ ee's condition is “Permanent and Stationary” or separation from City service ends eligibility for Industrial Accident Leave for that particu lar 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 present ation of a physician's certificate of treatment.
Section 19.2 Salary Continuation
(a) Any eligible full-time employee on Industrial Accident Lea ve shall receive compensation from the City in an amount equal to the difference between temporary disability payments mandated by the State of Californ ia 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 receiv ing Industrial Accident Leave benefits files a civil action in state or federal court a gainst a third party for allegedly causing or contributi ng to the cause of the employee’ s injury which resulted in the absence from work, the employee is required to inform the
73 Risk Management Di vision of such filing.
Section 19.4 Sick Leave Accruals
(a) No employee shall have accr ued 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.
74 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 sp ouse, 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 consecutiv ely. The employee’s Department Head may extend the time period for use o f bereavement leave under this Section when, in the sole discretion of the De partment Head, the circumstances warrant extension.
(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) wo rking days for protected bereavement purposes. If an employee has no sick, va cation, 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 accor dance 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 emp loyee shall be granted bereave ment leave with pay for up to a maximum of t hree (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 (inc luding stillborn), parent, foster parent, stepparent, stepchild, sibling, grandparent, grandchild, parent-in-law, daughter-in-law, or son-in-law of th e employee or the spouse or domestic partner of the employee.
75 76
RULE 21 MILITARY LEAVE
Section 21.0 Purpose
(a) This Rule prescribes City policy relating to military leav e and compensation in accordance with the provisions of the Military and Veterans Cod e of the State of California §389-999.5, the Uniformed Services Employment and Re employment Rights Act of 1994 (USERRA), 38 U.S.C. §4301-4335, and with all federal provisions (Public Law §93-508).
Section 21.1 Requirements
(a) An employee requesting leave under this provision shall provide their Department Head and the Human Resources Dep artment with a copy of the mili tary orders specifying the date(s), site, and purpose of the activity or mission.
(b) Within the limits of such orders, the Department Head may deter mine when the leave is to be taken and may modify the employee’s work schedul e 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 t he California National Guard wi ll 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 empl oyed for at least one (1) year or at least one (1) year of combined militar y/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.
77 RULE 22 JURY DUTY AND COURT APPERANCES
Section 22.0 Purpose
(a) This Rule describes th e parameters under which Jury Duty and Court Appearances are allowed for full -time Management and Non-Repres ented Full- Time Hourly employees.
Section 22.1 General
(a) In the event any full-time Management or Non-Represented Full-T ime Hourly employee is duly summoned to any court for the purpose of perf orming jury duty, the employee shall receive regular compensation for any r egularly 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 pur pose 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) hou r 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, e xcept 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 employ ee 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 cou rt matters within the scope of employment, the employee shall be compensated in accordance with provisions concerning compensati on for normal performance of duties.
(2) Employees receiving witness fees shall remit such fees to the C ity Treasurer in order to be considered at work for payroll purpose s 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 a s 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 P art-Time employee of the City of Anaheim is summoned to any court for th e purpose of performing jury duty, the empl oyee is released from regularly s cheduled working hours during the duration of the jury service and shall not be compensated for such service.
RULE 23 UNPAID LEAVE
Section 23.0 Purpose
(a) This Rule describes the pr ovisions of leave without pay fo r all employees in classifications covered under these Rules.
Section 23.1 General
(a) Any full-time employee who is a bsent from work and who is not o n 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) consecutiv e 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 no t eligible for leave with pay may request to be placed on leave without pay. U nder 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 M anager. 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 f orty (40) hours (seven (7) cons ecutive 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 al l benefits the employees is enrolled in.
Section 23.3 Medical Leave Without Pay
(a) In the event that leave wit hout 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 prem iums 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 permitt ed only when
79 leave without pay is granted to an employee for reasons of illn ess or physical incapacity and a determination has been made by the Human Reso urces 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 p laced 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 dis ciplinary action to the contrary.
(1) If such leave was in excess of two (2) complete biweekly pay pe riods, the employee's anniversary date for p urposes of merit pay increases s h a l l b e changed to conform with the provisions of Rule 4 – Salary Admin istration 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 s a l a r y step/range status shall be determined in accordance with the provisions of Rule 13 – Voluntary
80 RULE 24 INSURANCE AND PENSIONS
Section 24.0 Purpose
(a) This Rule describes the insurance and pension provisions for em ployees in classifications designated as Management, Non-Represented Full-Time Hourly, and Non-Represented Part-Time, and employees serving in the classif ication 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 r ates and employee contribution s for City health and wellness plans annually.
(b) The master contract between the C ity and plan administrator sha ll 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 Full-Time Hourly or Ambulance Operator:
(1) The City shall offer prepaid and/or insured health plans recomm ended 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:
i. 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 proo f of such coverage in order to opt-out of City coverage and recei ve one hundred twenty-five dollars ($125) per month in lieu of Cit y 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 da ys,
81 the employee may enroll in any City plan when the alternate hea lth coverage ceases. An employee ma y 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 pla n 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 f o r health insurance pursuant to the federal Affordable Care Act (ACA).
(2) Non-Represented Part-Time and P art-Time Ambulance Operator employees become eligible for coverage on the first (1
st) day of the month
following one (1) complete calenda r month after meeting eligibi lity requirements in accordance with this Rule.
Section 24.3 Dental Insurance
(a) The City shall sponsor prepaid a nd/or insured dental plans reco mmended 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 sha ll 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 bas ic life, dependent life, and supplemental life insurance coverage for fu ll-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 s uch 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:
82 (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 Ful l-Time Hourly and for City Council members.
(2) The City’s dollar contribution to the program and benefits of s uch 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 Ci ty, with a face value of one h undred 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 perman ently and totally disabled sh all receive a waiver of premium for life insurance coverage elected p r i o r t o the disability.
(2) Waiver of premiums and continuation of coverage will continue a s 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 Retir ement System (CalPERS): For t he 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 Empl oyees’ 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 Ca lPERS 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 th ousand (1,000) hours in any given fiscal year may be eligible to become members
83 of PERS in accordance with and sub ject 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.
i. Employees who are “Classic” PERS members as defined by PERL shall be enrolled in the C alPERS 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 CalPERS defined b enefit plan of two percent at 62 (2% @ 62) and shall contribut e the minimum member rate determined by CalPERS 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 Ja nuary 10, 2012 are enrolled in the CalPERS defined benefit plan of three percent at fifty (3% @ 50 ) and shall contribute the statutory nine percent (9%) 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” CalPERS members as defined by PERL and are hired on or after January 10, 2012, shall be enrol led in the CalPERS 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 CalPERS in accordance with PERL for this benefit.
84 (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 CalPERS defined benefit plan of three percent at fifty (3% @ 50) and shall contribute the statutory n ine 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 CalPERS defined benefit plan of 2.7% at 57 a nd shall contribute the minimum rate determined by CalPERS 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 sev en and one-half percent (7 ½%) 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 prov ide for reimbursement of eligible medical expenses as defined by the Re tirement Health Savings plan document.
(b) Full-time Management and Non-Represented Full-Time Hourly emplo yees shall be enrolled in the City’s Retirement Health Savings plan.
(1) The City shall contribute two percent (2%) of each employee’s b ase pay to the applicable employee’s individual member account. Effective the first pay period in July 2023, the City contribution shall be increased to three percent (3%) of base pay.
(2) The employee shall contribute one percent (1%) of gross pay to the employee’s individual member account.
85 (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
86 RULE 25 MISCELLANEOUS BENE FITS AND SERVICE AWARDS
Section 25.0 Purpose
(a) This Rule describes additional benefits, not previous ly 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 ei ther 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 cert ain 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 N on- Represented Full-Time Hourly 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 ful l-time employee in the classified service upon retirement.
(e) For purposes of this Rule, the ter m "years of service," shall b e defined as continuous, full-time service.
87 RULE 26 PAYROLL DEDUCTIONS
Section 26.0 Purpose
(a) The purpose of this Rule is to i dentify the deductions from wag es which are authorized for the convenience of employees.
(b) Deductions of authorized amounts may be made from employee's pa y 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) P a y me n t of life insur a nce a n d ac cidental de ath a n d d is memberment 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 d irect deposit of paychecks into the financial institution of their choice via electronic fund transfer.
88 RULE 27 POST-OFFER MEDICAL AND PHYSICAL EXAMINATIONS
Section 27.0 Purpose
(a) This Rule establishes provisions for employment-related med ical and physical examinations.
Section 27.1 General
(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 acco rdance with the standards established by the Human Resources Director.
(b) In order to be eligible for promotion or transfer to a job clas s 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 b y California State Law and within the scope of phys ician’s practice as defined by California State Law.
(1) Exceptions to the provisions of Section 27.1(c) may be made onl y in the case of out-of-state candidates for employment. In such cases, t h e 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, C ity Manager, City Attorney, C ity 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 accordanc e with guidelines established by the City Manager.
Section 27.3 Return to Duty Examinations
(a) Any full-time Management, Non-Represented Full-Time Hourly, Non-Represented Part-Time employee, or employee serving in the classification o f Ambulance Operator, who returns to work after an absence in excess of for ty (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 examin ation prior to returning to work.
(b) Any employee who fails to pass a medical examination required under the provisions
89 of this Rule may be transferred or demoted to a position requir ing lesser physical qualifications, recommended for disability retirement, or terminated.
90 RULE 28 GRIEVANCE PROCEDURE
Section 28.0 Purpose
(a) The purpose of this Rule is to provide an orderly, peacefu l means for Management, Non-Represented Full-Time Hourly, and Non-Represen ted Part- Time employees to resolve disputes or conflicts.
Section 28.1 Scope
(a) Any alleged improper treatment of an employee, any alleged viol ations of the Personnel Ordinance or the Personnel Rules, or any alleged viol ation of commonly accepted safety practices and procedures shall be cons idered to be a matter subject to review through the Grievance Procedure.
(1) Alleged improper treatment of an employee shall be considered t o be a matter subject to review up to and including Step II of the Gri evance Procedure.
(2) Any alleged violation of the Personnel Ordinance or Personnel R ules; any alleged violation of commonly accepted safety practices and pro cedures; or any discipline imposed under the provisions of Rule 10 – Sal ary Reduction, Suspension, Demotion, and Dismissal shall be considered to be matters subject to review through the Grievance Procedure up to a n d including Step III thereof.
(3) In those instances where disciplin e is imposed other than salar y step reduction, suspension, demotion, or dismissal, an employee may submit a written request for a review of the disciplinary action through a n “Administrative Review Procedure.”
i. 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 Departme nt 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 ma y affirm, reverse, or modify, as deemed appropriate, the discipli nary action. The Department Head’s determination shall be delivered in writing within fourteen (14) calendar days after the administra tive review. The Department Head’s determination shall be final and binding.
91 Section 28.2 Representation
(a) No supervisor shall be represented in grievance matters by an e mployee whom they may supervise.
(b) No employee shall be represented in grievance matters by a supe rvisor for whom they may work.
Section 28.3 Grievance Procedure-Internal
(a) Step I: An attempt shall be made to address all grievances on a n informal basis between the employee and a supervisor in the employee's chain o f command, up to and including the employee’s Ad ministrative Manager, within seven (7) working days after the occurren ce of the incident involved in the grievance.
(1) The Administrative Manager shall deliver an answer to the emplo yee within seven (7) working days a fter submission of the grievance t o him/her.
(2) Grievances resulting from the actions of a department other tha n an employee’s work unit shall be heard by an appropriate Administr ative Manager from that department.
(b) Step II: If the grievance is not satisfactorily resolved at Step I, it shall be submitted in writing to the employee's Ex ecutive 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, revers e, or modify it, and shall deli ver an answer to the employee within seven
(7) working days after said meeting.
(3) Grievances resulting from the actions of a department other tha n an employee’s work unit shall be heard by the Executive Manager fr om that department.
Section 28.4 Arbitration
(a) Grievances alleging violations of the Personnel Ordinance or Pe rsonnel Rules; any alleged violation of commonly accepted safety practices and procedures; or any discipline imposed under the provisions of the Rule 10 – Sa lary Reduction, Suspension, Demotion, and Dismissal that are not satisfactorily resolved at Step II shall be submitted to arbitration.
92 (1) In order to request arbitration, the grievant shall serve writt en notice to the Human Resources Director and/or Employee Relations Manager specifying the grievance to be submitted.
(2) Submission must occur within thi rty (30) days after the Executi ve Manager’s answer is received by the grievant.
i. Failure by the grievant to request arbitration within thirty (30) days of receipt of the Step II respons e 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.
i. If an employee submits for arbitration for receiving any discip line 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 caus e? 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 conclus ively 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) da ys after the conclusion of the hearings or filing of closing briefs, if appl icable, unless the parties agree otherwise.
(6) All administrative expenses of ar bitration shall be borne by th e City.
Administrative expenses shall inc lude: the arbitrator’s fee; co sts 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 agre es in writing, to final and binding arbitration, it shall be submitted to an i mpartial arbitrator.
The arbitrator’s award shall b e final and binding on both parti es 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 bi nding award shall be in accorda nce with California
93 Code of Civil Procedure §1285.
(c) Advisory Arbitration: If the grievant rejects final and binding arbitration, it shall be submitted to an impartial arb itrator for an advisory award. The arbitrator’s award shall be submitted to the City Manager for a final determ ination and shall not be binding on either party. Th e City Manager may affirm, re verse, 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 C ivil Procedure §1094.5.
Section 28.5 Arbitration Awards
(a) An employee who has been suspended, demoted, or dismissed may b e reinstated to the employee’s position as a result of a successful appeal t hrough the grievance procedure. In the event of such reinstatement, the employee sha ll be returned to the former status of employment, including reinstatement of sen iority and accrued fringe benefits.
(1) In such cases, the City Manager, has discretion to order the pa yment 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 Ci ty Manager shall order the payment of back pay to a reinstated employee in the a mount provided in the arbitrator's award.
(1) Any earnings of the reinstated employee from other employment d uring a period of suspension shall be deducted from the amount of bac k pay ordered by the City Manager unle ss contrary to the provisions o f an arbitrator's award.
(c) In the event of an Advisory Arb itration 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 t he 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 d uring his/her period of suspension shall be deducted from the amount of back pay ordered by the City Manager u nless contrary to the provisions of the City Manager’s written order.
94 Section 28.6 Time Limits
(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 vo id; provided however, the employee and the City representative may agree to extend said time limits.
Section 28.7 Exceptions
(a) Any adoption, deletion, or review of City policy as may be sugg ested or recommended by an employee shall not be considered to be a matt er subject to review through the grievance procedure.
(b) The provisions of this Rule shal l not apply to employees in cla ssifications designated exempt in accordance with Section 1.2 (b) of these Rules.
95 RULE 29 POST RETIREMENT MEDICAL BENEFITS
Section 29.0 Purpose
(a) This Rule establishes requirements and parameters for post-reti rement 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-ret irement 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 e ligible to participate in any Ci ty 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 c ontinuous, 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 (1st) 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 Office r 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 Sa fety 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.
96 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 contributions towards the premium costs of the City sponsored medical and/or dental plans elected by the employee a ccording to the following schedule:
(1) Notwithstanding Section 29.2(a) above, the City shall provide s eparate contributions towards the premium costs of the City sponsored m edical and/or dental plans in accordance with Section 29.2 for full-ti me Safety Management employees in the Fire Department, who were hired bet ween January 1, 1996 and November 9, 2001 into a classification repr esented by the Anaheim Firefighters Associat ion (AFA), who are otherwise e ligible to participate in any ANAHEIM sponsored health plan as a retiree p ursuant to ARTICLE 53.2 of the Memorandum of Understanding between the Cit y of Anaheim and AFA, and who promote out of an AFA classification d irectly into a full time Safety Management classification.
(2) Notwithstanding Section 29.2(a) above, the City shall provide s eparate contributions towards the premium costs of the City sponsored m edical and/or dental plans in accordance with Section 29.2 for full-ti me Safety Management employees in the Police Department, who were hired b etween January 1, 1996 and July 6, 2001 into a classification represen ted by the Anaheim Police Association (APA), who are otherwise eligible to participate in any ANAHEIM sponsored health plan as a retiree pursuant to A RTICLE
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, th e percentage equal to one and one-half (1 ½) times the miscellane ous two percent at sixty (2% @ 60) PERS retirement schedule to a maximu m 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 Sa fety Public Employees’ Retireme nt System retirement schedule for employees in classifications ass igned to the Safety retirement group. Such percentage shall not exceed nine ty-five percent (95%) and shall be based on the employee’s age and cons ecutive 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 percent age of the annual contributions made by Anaheim on behalf of active employ ees, 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
97 consecutive years of City service for Safety and on City servic e accrued through December 31, 2005 for Mis cellaneous. City service shall b e calculated to the nearest complete one quarter (1/4) year.
(6) In the event an employee is eligib le for both a Service and a D isability Retirement benefit under this Rul e, the employee shall receive the Service Retirement benefit.
(7) The Anaheim contribution shall be based on the Two-Party or Fam ily rate only for those employees who pr operly enroll a dependent spouse o r registered domestic partner and/or other family members prior to retirement and shall continue only as long as the retiree maintains covera ge 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 registere d domestic partner of the reti ree 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 w as continuously maintained during the employee’s retirement.
(4) Once cancelled for any reason, coverage shall not be reinstated.
(5) Coverage shall be cancelled for n o n - p a y m e n t o f f e e s a f t e r t h r e e ( 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 ope n enrollment period, except that the surviving spouse or register ed domestic partner of a retiree may not enroll a new spouse or registered domestic partner.
Section 29.4 Exemptions
98 (a) This Rule shall not apply to employees serving in the classification of Ambulance Operator.
99 100
APPENDIX A - EXECUTIVE MANAGEMENT
EFFECTIVE JULY 7, 2023
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM LOWER
THIRD
UPPER
THIRD CONTROL MAXIMUM
041 Assistant City Manager 201,986 235,650 269,315 302,979 333, 277 425 Chief of Police 201,986 235,650 269,315 302,979 333,277 105 City Attorney 201,986 235,650 269,315 302,979 333,277 107 City Clerk 161,589 188,520 215,452 242,383 266,621
111 City Manager 222,185 259,216 296,246 333,277 366,605 113 City Treasurer 129,271 150, 816 172,361 193, 906 213,297 M50 Community Services Direct or 161,589 188,520 215,452 242,383 266,621 00A Deputy City Manager 183,623 214,227 244,831 275,435 302,979 265 Economic Development Direct or 161,589 188,520 215,452 242,3 83 266,621 228 Housing and Community
Development Director
161,589 188,520 215,452 242,383 266,621
M47 Executive Director of Convention,
Sports & Entertainment
161,589 188,520 215,452 242,383 266,621
235 Finance Director 161,589 188,520 215,452 242,383 266,621 245 Fire Chief 183,623 214,227 244,831 275,435 302,979
413 Human Resources Director 161,589 188,520 215, 452 242,383 26 6,621 181 Planning and Building Director 161,589 188,520 215,452 242, 383 266,621 H52 Public Works Director 161,589 188,520 215,452 242,383 266,6 21 M49 Special Projects Director 161,589 188,520 215,452 242,383 2 66,621 669 Utilities General Manager 222,185 259,216 296,246 333,277 3 66,605
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM LOWER
THIRD
UPPER
THIRD CONTROL MAXIMUM
J03 PT Chief of Police 97.11 113.29 129.48 145.66 160.23 S67 PT City Clerk 77.69 90.63 103.58 116.53 128.18
S96 PT Deputy City Manager 88.28 102.99 117.71 132.42 145.66 R81 PT Human Resources Director 77.69 90.63 103.58 116.53 128.18 B16 PT Special Projects Director 77.69 90.63 103.58 116.53 128.18
101
APPENDIX A - EXECUTIVE MANAGEMENT
EFFECTIVE JUNE 21, 2024
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM LOWER
THIRD
UPPER
THIRD CONTROL MAXIMUM
041 Assistant City Manager 212,085 247,433 282,780 318,128 349, 941 425 Chief of Police 212,085 247,433 282,780 318,128 349,941 105 City Attorney 212,085 247,433 282,780 318,128 349,941 107 City Clerk 169,668 197,946 226,224 254,502 279,952
111 City Manager 233,294 272,176 311,059 349,941 384,935 113 City Treasurer 135,735 158, 357 180,980 203, 602 223,962 M50 Community Services
Director
169,668 197,946 226,224 254,502 279,952
00A Deputy City Manager 192,805 224,939 257,073 289,207 318,128 265 Economic Development
Director
169,668 197,946 226,224 254,502 279,952
228 Housing and Community
Development Director
169,668 197,946 226,224 254,502 279,952
M47 Executive Director of
Convention, Sports &
Entertainmen
t
169,668 197,946 226,224 254,502 279,952
235 Finance Director 169,668 197,946 226,224 254,502 279,952 245 Fire Chief 192,805 224,939 257,073 289,207 318,128
413 Human Resources Director 169,668 197,946 226, 224 254,502 27 9,952 181 Planning and Building
Director
169,668 197,946 226,224 254,502 279,952
H52 Public Works Director 169,668 197,946 226,224 254,502 279,9 52 M49 Special Projects Director 169,668 197,946 226,224 254,502 2 79,952 669 Utilities General Manager 233,294 272,176 311,059 349,941 3 84,935
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM LOWER
THIRD
UPPER
THIRD CONTROL MAXIMUM
J03 PT Chief of Police 101.96 118.96 135.95 152.95 168.24 S67 PT City Clerk 81.57 95.17 108.76 122.36 134.59
S96 PT Deputy City Manager 92.69 108.14 123.59 139.04 152.95 R81
PT Human Resources
Director
81.57 95.17 108.76 122.36 134.59
B16 PT Special Projects Director 81.57 95.17 108.76 122.36 134.59
102
APPENDIX A - EXECUTIVE MANAGEMENT
EFFECTIVE JUNE 20, 2025
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM LOWER
THIRD
UPPER
THIRD CONTROL MAXIMUM
041 Assistant City Manager 222,690 259,805 296,920 334,035 367, 439 425 Chief of Police 222,690 259,805 296,920 334,035 367,439 105 City Attorney 222,690 259,805 296,920 334,035 367,439 107 City Clerk 178,152 207,844 237,536 267,228 293,951
111 City Manager 244,959 285,785 326,612 367,438 404,182 113 City Treasurer 142,521 166, 275 190,028 213, 782 235,160 M50 Community Services
Director
178,152 207,844 237,536 267,228 293,951
00A Deputy City Manager 202,445 236,186 269,927 303,668 334,035 265 Economic Development
Director
178,152 207,844 237,536 267,228 293,951
228 Housing and Community
Development Director
178,152 207,844 237,536 267,228 293,951
M47 Executive Director of
Convention, Sports &
Entertainmen
t
178,152 207,844 237,536 267,228 293,951
235 Finance Director 178,152 207,844 237,536 267,228 293,951 245 Fire Chief 202,445 236,186 269,927 303,668 334,035
413 Human Resources Director 178,152 207,844 237, 536 267,228 29 3,951 181 Planning and Building
Director
178,152 207,844 237,536 267,228 293,951
H52 Public Works Director 178,152 207,844 237,536 267,228 293,9 51 M49 Special Projects Director 178,152 207,844 237,536 267,228 2 93,951 669 Utilities General Manager 244,959 285,785 326,612 367,438 4 04,182
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM LOWER
THIRD
UPPER
THIRD CONTROL MAXIMUM
J03 PT Chief of Police 107.06 124.91 142.75 160.59 176.65 S67 PT City Clerk 85.65 99.93 114.20 128.48 141.32
S96 PT Deputy City Manager 97.33 113.55 129.77 145.99 160.59 R81
PT Human Resources
Director
85.65 99.93 114.20 128.48 141.32
B16
PT Special Projects
Director
85.65 99.93 114.20 128.48 141.32
103
APPENDIX B - NON-REPRESENTED NON-SWORN MANAGEMENT
EFFECTIVE JULY 7, 2023
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
XXX Assistant City Attorney – Confidential 156,264 195,330 214 ,863 234,396 233 Chief Assistant City Attorney - Civil 172,282 215,352 236,8 87 258,422 179 Chief Policy Advisor to the Mayor 100,729 125,911 138,502 1 51,093 232 Deputy City Attorney IV - Confidential 148,823 186,029 204, 632 223,235 AD3 Deputy Human Resources Dir ector 141,736 177, 170 194,887 212 ,604 240 Employee Relations Analyst I 68,178 85,222 93,744 102,266 241 Employee Relations Analyst II 82,870 103,588 113,947 124,30 6 152 Employee Relations Manager 128,558 160,698 176,768 192,838 274 Executive Coordinator 75,166 93,957 103,353 112,748 252 Human Resources Business Systems
Administrator
100,729 125,911 138,502 151,093
266 Management Assistant I - Em ployee Relations 61,839 77,299 8 5,029 92,759 270 Management Assistant II - Employee
Relations
68,178 85,222 93,744 102,266
159 Personnel Services Manage r 128,558 160,698 176,768 192,838 250 Principal Employee Relations Analyst 111,054 138,817 152,69 9 166,580 243 Senior Employee Relations Analyst 95,932 119,915 131,907 14 3,898
FULL-TIME CLASSIFICATION HOURLY RANGES
TITLE
CODE TITLE GRADE MIN STEP MAX STEP MIN
HOURLY
MAX
HOURLY
286 Executive Secretary - Employee
Relations
F1230 4 10 30.16 40.41
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
B60 PT Employee Relations Manager 61.81 77.26 84.98 92.71
104
APPENDIX B - MANAGEMENT UNREPRESENTED
EFFECTIVE JUNE 21, 2024
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
XXX Assistant City Attorney – Confidential 164,078 205,097 225 ,607 246,116 233 Chief Assistant City Attorney - Civil 180,896 226,120 248,7 32 271,344 179 Chief Policy Advisor to the Mayor 105,766 132,207 145,428 1 58,648 232 Deputy City Attorney IV - Confidential 156,264 195,330 214, 863 234,396 AD3 Deputy Human Resources Dir ector 148,823 186, 029 204,632 223 ,235 240 Employee Relations Analyst I 71,586 89,483 98,431 107,380 241 Employee Relations Analyst II 87,014 108,767 119,644 130,52 0 152 Employee Relations Manager 134,986 168,733 185,606 202,480 274 Executive Coordinator 78,924 98,655 108,521 118,386 252 Human Resources Business Systems
Administrator
105,766 132,207 145,428 158,648
266 Management Assistant I - Em ployee Relations 64,931 81,164 8 9,280 97,397 270 Management Assistant II - Employee
Relations
71,586 89,483 98,431 107,380
159 Personnel Services Manage r 134,986 168,733 185,606 202,480 250 Principal Employee Relations Analyst 116,606 145,758 160,33 4 174,910 243 Senior Employee Relations Analyst 100,729 125,911 138,502 1 51,093
FULL-TIME CLASSIFICATION HOURLY RANGES
TITLE
CODE TITLE GRADE MIN STEP MAX STEP MIN
HOURLY
MAX
HOURLY
286 Executive Secretary - Employee
Relations
F1230 4 10 31.67 42.44
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
B60 PT Employee Relations Manager 64.90 81.12 89.23 97.35
105
APPENDIX B - MANAGEMENT UNREPRESENTED
EFFECTIVE JUNE 20, 2025
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
XXX Assistant City Attorney – Confidential 172,282 215,352 236 ,887 258,422 233 Chief Assistant City Attorney - Civil 189,941 237,426 261,1 69 284,911 179 Chief Policy Advisor to the Mayor 111,054 138,817 152,699 1 66,580 232 Deputy City Attorney IV - Confidential 164,078 205,097 225, 607 246,116 AD3 Deputy Human Resources Dir ector 156,264 195, 330 214,863 234 ,396 240 Employee Relations Analyst I 75,166 93,957 103,353 112,748 241 Employee Relations Analyst II 91,364 114,205 125,626 137,04 6 152 Employee Relations Manager 141,736 177,170 194,887 212,604 274 Executive Coordinator 82,870 103,588 113,947 124,306 252 Human Resources Business Systems
Administrator
111,054 138,817 152,699 166,580
266 Management Assistant I - Employee
Relations
68,178 85,222 93,744 102,266
270 Management Assistant II - Employee
Relations
75,166 93,957 103,353 112,748
159 Personnel Services Manage r 141,736 177,170 194,887 212,604 250 Principal Employee Relations Analyst 122,437 153,046 168,35 1 183,655 243 Senior Employee Relations Analyst 105,766 132,207 145,428 1 58,648
FULL-TIME CLASSIFICATION HOURLY RANGES
TITLE
CODE TITLE GRADE MIN STEP MAX STEP MIN
HOURLY
MAX
HOURLY
286 Executive Secretary - Employee
Relations
F1230 4 10 33.25 44.56
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
B60 PT Employee Relations Manager 68.14 85.18 93.70 102.21
106
APPENDIX C - NON-REPRESENTED POLICE MANAGEMENT
EFFECTIVE JULY 7, 2023
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
N29 Corrections Facility Manag er 106,378 132,973 146,270 159,56 8 N26 Deputy Chief of Police 193,442 241,802 265,982 290,162
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
S12 PT Deputy Chief of Police 93.00 116.25 127.88 139.50
EFFECTIVE JUNE 21, 2024
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
N29 Corrections Facility Manag er 111,698 139,622 153,584 167,54 6 N26 Deputy Chief of Police 203,115 253,894 279,283 304,673
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
S12 PT Deputy Chief of Police 97.65 122.06 134.27 146.48
EFFECTIVE JUNE 20, 2025
INCORPORATING 5.0% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
N29 Corrections Facility Manag er 117,282 146,602 161,262 175,92 2 N26 Deputy Chief of Police 213,270 266,587 293,246 319,904
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
S12 PT Deputy Chief of Police 102.53 128.17 140.98 153.80
107
APPENDIX D - NON-REPRESENTED FIRE MANAGEMENT
EFFECTIVE JULY 7, 2023
INCORPORATING 5% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
731 Deputy Fire Chief 182,085 227,606 250,367 273,127
732 Fire Battalion Chief 154,966 193,707 213,078 232,448 H82 Fire Battalion Chief - 40 hrs 162,714 203,392 223,731 244,0 70 218 Fire Division Chief 166,588 208,235 229,059 249,882
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
B68 PT Deputy Fire Chief 87.54 109.43 120.37 131.31
B05
Part Time Fire Battalion
Chief
78.23 97.78 107.56 117.34
EFFECTIVE JUNE 21, 2024
INCORPORATING 5% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
731 Deputy Fire Chief 191,189 238,986 262,885 286,783
732 Fire Battalion Chief 162,714 203,392 223,731 244,070 H82 Fire Battalion Chief - 40 hrs 170,850 213,562 234,918 256,2 74 218 Fire Division Chief 174,917 218,646 240,511 262,375
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
B68 PT Deputy Fire Chief 91.92 114.90 126.39 137.88
B05
Part Time Fire Battalion
Chief
82.14 102.67 112.94 123.21
108
APPENDIX D - NON-REPRESENTED FIRE MANAGEMENT
EFFECTIVE JUNE 20, 2025
INCORPORATING 5% INCREASE
FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
731 Deputy Fire Chief 200,748 250,935 276,029 301,122
732 Fire Battalion Chief 170,850 213,562 234,918 256,274 H82 Fire Battalion Chief - 40 hrs 179,392 224,240 246,664 269,0 88 218 Fire Division Chief 183,663 229,579 252,537 275,495
PART-TIME CLASSIFICATION HOURLY SALARY RANGES
TITLE
CODE TITLE MINIMUM
80%
MARKET
100%
CONTROL
110%
MAXIMUM
120%
B68 PT Deputy Fire Chief 96.51 120.64 132.71 144.77
B05
Part Time Fire Battalion
Chief
86.25 107.81 118.59 129.37
109
APPENDIX E - AMBULANCE OPERATOR
EFFECTIVE DECEMBER 23, 2022
TITLE
CODE
TITLE 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
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.
110
APPENDIX F - NON-REPRESENTED PART-TIME CLASSIFICATIONS
EFFECTIVE SEPTEMBER 1, 2023
*Unit: 97-PT UNREP Event | 99-PT UNREP | 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 20.24 20.24 97
C90 Conv Ctr Relief Events Supervisor PE170 9 9 21.84 21.84 97 954 Administrative Intern I P1000 2 9 16.00 16.00 99
B22 Fire Cadet P1020 7 9 18.00 19.10 99
803 Law Clerk P1040 5 9 16.20 19.69 99
R36 Administrative Intern II P1050 1 9 16.00 20.04 99
991 Office Assistant P1400 1 9 16.00 16.00 99
990 General Services Worker P1410 7 9 16.00 16.00 99
P50 SCBA Maintenance/Repair Specialist P1440 5 9 20.51 24.93 99 843 Police Reserve Level I P1500 9 9 25.20 25.20 99
J97 Parking Citation Hearing Officer P1510 7 9 29.71 32.76 99 853 Police Reservist Special P1520 9 9 36.79 36.79 99
P44 Police Reserve Level II P1600 9 9 16.00 16.00 99
840 Recreation Leader II P1700 9 12 17.02 17.77 99
841 Recreation Leader I P1710 9 12 16.00 16.75 99
R92 Public Education Program Assistant P1750 7 9 17.40 19.18 99 P37 Park Programs Coordinator P1760 4 9 17.26 22.03 99
K44 TMC Event Systems Operator P1900 4 9 20.32 25.93 99 R51 EMS-RN P2000 7 9 44.70 49.28 99
B01 Security Systems Technician P4000 4 9 24.11 30.77 99 B13 City Council Aide I PX100 n/a n/a 17.05 19.17 99
B14 City Council Aide II PX110 n/a n/a 19.45 24.93 99
P08 Recreation Class Instructor PX130 n/a n/a 16.00 50.00 99 B26 Part Time Emergency Management Officer PX140 n/a n/a 16.00 70.00 99 B15 Senior Policy Aide PX300 n/a n/a 33.35 45.86 99
*
footnote
below
See footnote below for other Non-Rep P/T
** Note: Any steps that are less than the California State minimum wage shall be automatically reset equal to the new state minimum wage.
111
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