EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY
I. PURPOSE OF POLICY
A. To define and issue to all employees the City’s policy on the prohibition and prevention of harassment, discrimination, retaliation and bullying in the workplace.
B. To fully inform all employees of their right to have a safe work environment and be free of unlawful harassment, discrimination, retaliation, and bullying in the workplace.
C. To fully inform all employees that the City of Buena Park does not and will not tolerate any conduct that is believed to violate this Policy in the workplace.
D. To inform all employees of their rights if they believe that they are or have been the victim of harassment, discrimination, retaliation, and bullying.
E. To provide a means for the prompt reporting and full and effective investigation of harassment, discrimination, retaliation, and bullying complaints and to provide for effective remedial action against the harasser and for the victim.
II. STATEMENT OF POLICY
It is the policy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, discriminates, retaliates, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment. In addition to prohibiting all forms of harassment, discrimination and retaliation, the City also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events.
Harassment or discrimination against an applicant, unpaid intern, volunteer, or employee by a supervisor, management employee, elected or appointed official, coworker, member of the public, or contractor on the basis of race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), military or veteran status, or any other protected classification as defined below is prohibited and will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission.
B.P.P.M.A. M.O.U.
All employees will be expected to comply with this Policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this Policy against harassment, discrimination, retaliation, and bullying in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination.
When a violation of this Policy is reported, an investigation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action.
Negligent supervision, tacit approval by “turning a blind eye”, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
III. DEFINITION OF HARASSMENT
A. Protected Classifications: This policy prohibits harassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), and military or veteran status.
B. Policy Coverage: This Policy prohibits the employer, elected or appointed officials, officers, employees, or contractors from harassing or discriminating against applicants, officers, officials, employees, unpaid interns, volunteers, or contractors because of: 1) an individual’s protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
C. Discrimination: This policy prohibits treating individuals differently because of the individual’s protected classification as defined in this Policy.
D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person’s protected classification. Note that harassment is not limited to conduct that city employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such B.P.P.M.A. M.O.U.
as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
1. Verbal Harassment – For example, epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.
2. Physical Harassment – For example, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, proposition, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, emails, pictures or drawings related to a protected classification.
4. Sexual Harassment – Unwelcome sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
2. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
4. Even visual, verbal, or physical conduct between two individuals who appear to welcome the conduct can constitute harassment of a third individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
B.P.P.M.A. M.O.U.
5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee or contractor has reported harassment, discrimination, or bullying or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment, discrimination, or bullying, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment, discrimination, or bullying, or real or implied threats of intimidation to prevent an individual from reporting harassment, discrimination, or bullying. The following individuals are protected from retaliation: those who make good faith reports of harassment, discrimination, or bullying, those who associate with an individual who is involved in reporting harassment, discrimination, or bullying, and those who participate in the complaint or investigation process.
IV. DEFINITION OF BULLYING
A. All employees, consultants, independent contractors, and visitors have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee’s ability to work; is severe or pervasive; and creates an intimidating or threatening environment.
B. Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name calling, sarcasm, spreading rumors, and teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chat room misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment.
Under certain circumstances, bullying can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public.
V. DEFINITION OF EMPLOYEE
For the purposes of this policy, an employee shall be defined as any individual, regardless of classification, employed by the City of Buena Park, or job applicants, unpaid interns, volunteers, or contractors working under the supervision of the City, vendors and contract employees.
B.P.P.M.A. M.O.U.
VI. COMPLAINT PROCEDURE
A. Any employee, job applicant, unpaid intern, volunteer, or contractor who believes he or she has been the subject of harassment or any form of bullying should report the alleged act immediately verbally or in writing with any of the following. There is no need to follow the chain of command:
1. Immediate supervisor;
2. Any supervisor or manager within or outside of the department;
3. Department Head; or
4. Director of Human Resources.
B. The limitation on reporting alleged acts of harassment, discrimination, retaliation, and bullying must be within twelve months of the incident or incidents.
C. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources.
D. Any supervisor or department head who receives a harassment, discrimination, retaliation, or bullying complaint is to immediately notify the Director of Human Resources.
E. Upon notification of a harassment, discrimination, retaliation or bullying complaint, the Director of Human Resources will:
1. Inform the complainant of his or her right to initiate the complaint.
2. Authorize the investigation of the complaint and supervise a fair and thorough investigation of the complaint by impartial and qualified personnel and/or investigate the complaint.
3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witness. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation.
4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation.
5. Review factual information gathered through the investigation to reach a reasonable conclusion to determine whether the alleged conduct constitutes harassment, discrimination, retaliation, or bullying giving consideration to all factual information, the totality of the circumstances, B.P.P.M.A. M.O.U.
including the nature of the verbal, physical, visual or sexual favor aspect of the advance, and the context in which the alleged incidents occurred.
6. Timely report a summary of the results of the investigation and the determination as to whether harassment, discrimination, retaliation or bullying occurred to the appropriate person including complainant, alleged harasser, supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.
7. If conduct in violation of this Policy occurred, take and/or recommend to the department head prompt and effective remedial action against the harasser.
The remedial action will be commensurate with the severity of the offense.
Notify the victim that necessary steps of corrective action have been taken to resolve the problem.
8. Reasonable steps will be taken to protect the victim and other potential victims from further harassment, discrimination, retaliation, or bullying.
9. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint.
F. The city takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, retaliation or bullying may be occurring, regardless of whether the recipient or third party reports a potential violation.
G. Option to report to outside administrative agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal and a complaint process. The nearest offices and telephone numbers are listed on the posters that are located on City bulletin boards at the following locations:
• Human Resources Office
• Community Center
• Police Department
• City Yard
• Ehlers Event Center
• Stage Stop Hotel
VII. CONFIDENTIALITY
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. However, complete confidentiality cannot occur due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the B.P.P.M.A. M.O.U.
substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
VIII. RESPONSIBILITIES
Elected Officials, Appointed Officials, Managers, and Supervisors are responsible for:
1. Modeling appropriate and respectful behavior.
2. Informing employees, volunteers, and contractors of this Policy.
3. Taking all steps necessary to prevent harassment, discrimination, retaliation or bullying from occurring.
4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language and behavior.
6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment, discrimination, retaliation or bullying of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. Assisting, advising, or consulting with employees and the Director of Human Resources regarding this Policy and Complaint Procedure.
9. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the City’s Personnel Rules and Regulations, up to and including termination.
10.Implementing appropriate disciplinary and remedial actions.
11.Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Director of Human Resources or the department head.
12.Participating in periodic training and scheduling employees for training.
Each employee or contractor is responsible for:
1. Modeling appropriate and respectful behavior.
B.P.P.M.A. M.O.U.
2. Treating all employees, volunteers, and contractors with respect and consideration.
3. Participating in periodic training.
4. Fully cooperating with the City’s investigations by responding fully and truthfully to all questions posed during the investigation.
5. Maintaining the confidentiality of any investigation that the City conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or Director of Human Resources.
6. Reporting any act he or she believes in good faith constitutes, harassment, discrimination, retaliation or bullying as defined in this Policy, to his or her immediate supervisor, or department head, or Director of Human Resources.
IX. MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from bullying, harassment, and discrimination, the City requires that all of its supervisors and elected officials receive training on this Policy at least once every two years.
Human Resources will schedule multiple training sessions in the Spring biennially to ensure that employees and elected officials are able to attend the mandatory training. Attendance at the training will be documented.
X. DISSEMINATION OF POLICY
All Elected Officials and City employees, supervisors and managers shall receive a copy of this Policy. All management personnel will be informed of their responsibilities in enforcing this policy. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy.
This Policy shall be posted in appropriate places.
B.P.P.M.A. M.O.U.
EXHIBIT E – ADVISORY ARBITRATION
With respect to the bargaining members in this unit, City Council Resolution 1883, Rule XVI shall be amended as follows:
Section 2: Disciplinary Procedures
(h) Appeal to City Manager: The employee, upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head’s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee’s receipt of notice of the imposition of discipline.
Otherwise, the Department Head’s action shall be final and binding.
Should the employee desire to appeal the Department Head’s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding. …
(j) Advisory Arbitration: The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head’s action, shall have the right to appeal the City Manager’s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee’s receipt of notice of the City Manager’s action. Otherwise, the City Manager’s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI.
Section 5: Advisory Arbitration
(a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action. (b) The employee’s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected from a list of advisory arbitrators from the California State Mediation and Conciliation Service (SMCS) B.P.P.M.A. M.O.U.
or from a list agreed to between the City Manager and the employee. If the parties obtain a list of arbitrators from SMCS, the City will pay SMCS’s fee for providing the list. (c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney. (d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.
(e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request. (f) The expenses for the hearing officer shall be borne equally by the City and the Association, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the Association is $2,000. (g) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employee within thirty (30) calendar days, or a longer period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same. (h) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
(i) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him/her to testify, and to rebut the evidence against him/her.
(j) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now B.P.P.M.A. M.O.U.
or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(k) The City Council shall review the hearing officer’s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision which adopts the hearing officer’s recommendation, the City Council may order and read the transcript, at the Council’s discretion. Prior to making a decision which modifies or rejects the hearing officer’s recommendation, the City Council shall order and read the transcript of the Board hearing.
(l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision. (m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section 1094.5. (n) The City staff shall notify the appellant in writing, within five working days of the City Council’s decision. Such notice shall indicate the effective date of the action to be taken.
June 24, 2025
NEW BUSINESS
Item No. 5F.
City Council Agenda Report
RESOLUTION TO ADOPT A COMPENSATION PLAN BETWEEN THE CITY OF BUENA PARK AND THE
BUENA PARK MANAGEMENT AND EXECUTIVE EMPLOYEES AND THE CITY COUNCIL
PREPARED BY PRESENTED BY
Rebecca Valdez, Human Resources Manager
Eddie Fenton, Assistant City Manager/Director of
Human Resources
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution approving the Compensation Plan for Management and Executive Employees, and the City Council.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The City’s Compensation Plan for Management Employees expires July 4, 2025. The City and the Management Unit have met and consulted in accordance with the Meyers-Millias Brown Act (MMBA). Attached for review and approval is a new two-year compensation plan for management and executive employees, and the City Council.
The terms of the compensation plan are summarized below. In general, they seek to provide a cost of living increase of 5% each fiscal year and address the increases in costs of providing medical insurance. In addition, to address the difficulty in recruiting and retaining hard-to-fill Management and Executive positions, this proposal adds an additional Step 6 to the salary range for each position, equivalent to three percent (3%) above the current Step
5. In an effort to continue positive labor relations and recognizing the value of having a plan for multiple years with the Unit, the City agreed upon a five percent (5%) cost of living adjustment for each year, and increases towards medical insurance contributions. As a result of the positive discussions and exchanges of ideas, a successor Compensation Plan is proposed.
This document is presented to the City Council for review and approval as the final step in the process. It reflects the same language as presented to the City Council in properly noticed closed sessions on labor negotiations as allowed under the Brown Act. Listed below is a summary of significant changes to the compensation plan.
1. BASE PAY SCHEDULE
5% Cost of Living Adjustment (COLA) increase effective July 5, 2025. 5% Cost of Living Adjustment (COLA) increase effective July 4, 2026.
In an effort to address recruitment and retention of hard-to-fill Management and Executive classifications:
All classifications in Exhibit A – Salary Schedule shall add a new Step 6 that is 3% above the current Step 5 within the pay schedule effective July 5, 2025.
2. MEDICAL INSURANCE CONTRIBUTION
For coverage effective: July 1, 2025
Employee Only $1,114 ($50 increase)
Employee & One Dependent $1,708 ($100 increase)
Employee & 2 + Dependents $2,240 ($150 increase)
For coverage effective: July 1, 2026
Employee Only $1,164 ($50 increase)
Employee & One Dependent $1,808 ($100 increase)
Employee & 2 + Dependents $2,390 ($150 increase)
3. HOLIDAYS
Add one additional floating holiday.
4. BILINGUAL PAY
Level I – Basic Bilingual Skills – $50.00 per month.
Level II – Advanced Bilingual Skills Pay – With City Manager or designee approval, $165 per month.
5. COMMERCIAL VEHICLE OPERATOR LICENSE
In the best interest of the City, as determined by the Director of Human Resources, an employee who has a State of California commercial vehicle operator license shall receive an additional $75 per month for Class B and $150 per month for Class A licenses.
6. VACATION LEAVE
Vacation shall accrue to each full-time employee at the following rates:
Years of Service Vacation Hours Accrued
Less than 1 year 80 hrs. vacation per year
Less than 2 years 90 hrs. vacation per year
Less than 3 years 100 hrs. vacation per year
Less than 4 years 110 hrs. vacation per year
Less than 5 years 110 hrs. vacation per year
7. DENTAL INSURANCE ENHANCEMENTS
Effective January 1, 2026 - Increase Ortho Lifetime Maximum to $2,000 and add Adult Ortho coverage for both Plan A & B.
Increase the number of teeth cleanings to three cleanings for both Plan A & B.
8. VISION INSURANCE ENHANCEMENTS
Effective January 1, 2026 - Increase frames and contact lens allowances to $200.
Add Second Pair Benefit for $20 co-pay. Second Pair can be used for second pair of glasses or contact lenses.
BUDGET IMPACT
The total budget impact for the implementation of the proposed Compensation Plan over the next two fiscal years is estimated at $1,254,000. This estimate will be included within the proposed FY 2025-2027 Budget. These changes comply with the authorization provided by the City Council.
Attachments
Reso Comp Plan for Mgmt 2025 Att1of2 Reso.pdf
MGMT MOU 2025.06 Final Draft.pdf
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, APPROVING A NEW
COMPENSATION PLAN FOR THE BUENA PARK
MANAGEMENT EMPLOYEES AND CITY COUNCIL
EFFECTIVE JULY 5, 2025, AND SUPERSEDING
RESOLUTION NO. 14877
WHEREAS, the City Council has designated the Assistant City Manager/Director of Human Resources as the City of Buena Park’s lead negotiator to meet and consult in good faith with the representatives of the Buena Park Management Unit; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) the Assistant City Manager/Director of Human Resources has met and consulted in good faith with the representatives of the Management Unit on matters relating to wages, hours, and other terms and conditions of employment; and
WHEREAS, said representatives of the City and the Unit have reached tentative agreement and have jointly prepared a written Compensation Plan which is attached to this resolution and incorporated herein; and
WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the Management Unit; and
WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City;
NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine and order as follows:
Section 1: The Compensation Plan for the Buena Park Management Employees dated July 23, 2024, is hereby repealed.
Section 2: Resolution No. 14877 is superseded. All conflicting Resolutions of the City are repealed.
Section 3: The Compensation Plan for the Buena Park Management Employees effective July 5, 2025, and attached hereto is approved.
PASSED AND ADOPTED this 24th day of June 2025, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
RESOLUTION NO. _______
______________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria Jimenez, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 24th day of June 2025. ______________________________________
City Clerk
July 5, 2025 – July 2, 2027
CITY OF BUENA PARK
MANAGEMENT UNIT
COMPENSATION PLAN
NO. 25-27
ADOPTED___ RESOLUTION NO. ___
COMPENSATION PLAN
BUENA PARK MANAGEMENT UNIT
SECTION 1 – TERM 1
PAY
SECTION 2 – ASSIGNMENT OF CLASSES TO PAY RANGES 1
SECTION 3 – SALARY SCHEDULE AND INCREASES 1
SECTION 4 – BILINGUAL PAY 1
SECTION 5 – LONGEVITY PAY 2
SECTION 6 – COMMERCIAL VEHICLE OPERATOR LICENSE 2
SECTION 7 – EDUCATION PROGRAM 2
SECTION 8 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT PROGRAM 4 SECTION 9 – SAFETY SHOES 4
SECTION 10 – UNIFORM ALLOWANCE 5
SECTION 11 – CELL PHONE ALLOWANCE 5
SECTION 12 – VEHICLE ALLOWANCE 6
SECTION 13 – MILEAGE 6
SECTION 14 – CHILD CARE REIMBURSEMENT PROGRAM 6
RETIREMENT
SECTION 15 – PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) 7 SECTION 16 – SOCIAL SECURITY 8
SECTION 17 – MEDICARE 9
SECTION 18 – MEDICAL INSURANCE 9
SECTION 19 – DENTAL INSURANCE 12
SECTION 20 – VISION INSURANCE 13
SECTION 21 – LONG TERM DISABILITY INSURANCE 13
SECTION 22 – LIFE INSURANCE 13
SECTION 23 – CAFETERIA PLAN 14
SECTION 24 – ADMINISTRATION 14
LEAVES
SECTION 25 – HOLIDAYS 15
SECTION 26 – VACATION LEAVE 16
SECTION 27 – MANAGEMENT LEAVE 18
SECTION 28 – SICK LEAVE 18
SECTION 29 – BEREAVEMENT LEAVE 21
SECTION 30 – WORKERS COMPENSATION 22
SECTION 31 – JURY DUTY 22
SECTION 32 – OTHER LEAVES 22
SECTION 33 – PAY PERIODS 24
WORKING CONDITIONS
SECTION 34 – HOURS OF WORK AND SCHEDULES 24
SECTION 35 – SUBSTANCE ABUSE– DRUG POLICY 25
SECTION 36 – GRIEVANCE PROCEDURE 26
SECTION 37 – ADVISORY ARBITRATION 27
SECTION 38 – ANNUAL PHYSICAL EXAMINATION 27
SECTION 39 – SEVERANCE 27
SECTION 40 – CITY COUNCIL BENEFITS 27
EXHIBITS
EXHIBIT A – MANAGEMENT SALARY SCHEDULE 28
EXHIBIT B – COMPENSATION PLAN 31
EXHIBIT C – HIRING OF EMPLOYEE RELATIVES 37
EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY 39
EXHIBIT E – ADVISORY ARBITRATION 47
B.P.M.U. COMPENSATION PLAN
SECTION 1 – TERM
This Compensation Plan shall be effective as of midnight on July 5, 2025.
PAY
SECTION 2 – ASSIGNMENT OF CLASSES TO PAY RANGES
Each classification is assigned to a pay range as shown in Exhibit A.
SECTION 3 – SALARY SCHEDULE AND INCREASES
A. The schedule of base pay rates is contained in Exhibit A.
B. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 5, 2025.
C. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 4, 2026.
In an effort to address recruitment and retention of hard-to-fill Management and Executive classifications:
D. All classifications in Exhibit A – Salary Schedule shall add a new Step 6 that is 3% above the current Step 5 within the pay schedule effective July 5, 2025. * * Note: Employees at Step 5 for 12 months or more shall immediately progress to Step 6.
Other employees will move to Step 6 according to normal step progression and the annual performance evaluation process.
“Me Too” Clause: If during the effective period of this agreement, the City Employees Association receives a salary adjustment increase in a greater amount than the terms included in this agreement, the employees in this unit shall receive the same salary adjustment increase at the same time.
SECTION 4 – BILINGUAL PAY
Level I – Basic Bilingual Skills Pay – With City Manager or designee approval, an employee shall receive an additional $50 per month if the following conditions are met:
A. The employee passes a qualifying examination administered by Human Resources.
B. The employee uses bilingual skills as required by the City.
Level II – Advanced Bilingual Skills Pay – With City Manager or designee approval, an employee shall receive an additional $165 per month if the following conditions are met:
B.P.M.U. COMPENSATION PLAN
A. The employee passes an advanced-level interpretation skills-based examination administered by Human Resources to demonstrate competency in American Sign Language, Korean, or Spanish only.
B. The employee must be expected to translate and interpret a wide variety of difficult, sensitive, and highly-complex written and spoken Citywide communications, including materials and matters of a highly sensitive or technical nature and with a high consequence of error in English and American Sign Language, Korean, or Spanish.
C. The employee may be expected to perform these services at City Council Meetings, Town Hall or Community Meetings, or with special dignitaries (i.e. Sister City program) as needed.
SECTION 5 – LONGEVITY PAY
The City agrees to implement a longevity pay program to be administered in the following manner:
A. An employee with 12-19 years of current continuous City service shall receive an additional two (2) percent of base salary.
B. An employee with 20 years or more of current continuous City service shall receive an additional three (3) percent of base salary.
SECTION 6 – COMMERCIAL VEHICLE OPERATOR LICENSE
In the best interest of the City, as determined by the Director of Human Resources, an employee who has a State of California commercial vehicle operator license shall receive an additional $75 per month for Class B and $150 per month for Class A licenses. Such employees are subject to the provisions of the City’s Drug and Alcohol policy, which includes, but is not limited to, post-accident testing, random testing, reasonable suspicion testing, and return-to-duty/follow-up testing.
SECTION 7 – EDUCATION PROGRAM
A. REIMBURSEMENT. An employee who is pre-approved by the department head to attend a specified, off-duty education course shall receive reimbursement for certain expenses.
An approved education course is defined as off-duty instruction that will be mutually and immediately beneficial to the employee and the City.
1. Prior to enrolling in the class, an employee desiring reimbursement for expenses shall acquire the department head’s approval as to course content and its relationship to the employee’s City employment. On completion of the course, with a grade of “C” or better, the employee shall submit a “Request for Educational B.P.M.U. COMPENSATION PLAN
Reimbursement” form to the department head along with a copy of the official transcripts and receipts for the total cost of the course.
Effective January 1, 2024, on approval by Human Resources and Finance, the employee shall then be reimbursed a maximum of $5,000 per calendar year for tuition, transportation costs where appropriate, registration fees, and related expenses necessary for completion of the course. The cost of books required for the course shall be reimbursed at actual cost; this reimbursement is not part of the $5,000 maximum described above.
2. Reimbursement will only be given for coursework completed within the current calendar year (January 1 – December 31). The difference between the City’s maximum obligation during any calendar year and the total amount of actual reimbursement received by the employee during that calendar year shall not be carried over or be available for use by the employee in any subsequent year.
3. A copy of the official transcript shall be forwarded to the Human Resources Office for retention in the employee’s education file.
B. EDUCATION LOAN PROGRAM. The City will make available an interest-free loan program for employees who desire financial assistance with tuition, books enrollment fees, administration fees and related expenses. The annual maximum amount of each loan, shall be:
1. Undergraduate degree candidates may borrow up to the University of California (U.C.) rates for undergraduate tuition (currently up to $11,220 per school year).
2. Graduate degree candidates may borrow up to the U.C. rates for graduate school tuition (currently up to $14,960 per school year).
Employees must provide proof of admission, proof of enrollment, and proof of registration at the time of loan request.
Education loans shall be repaid via no more than 26 biweekly payroll deductions which shall commence following approval of the loan. Only one education loan per employee may be in place at any time.
An employee utilizing this program is eligible for the City’s education reimbursement program, subject to the provisions set forth in this Section.
C. EDUCATIONAL INCENTIVE ALLOWANCE. An employee with a job-related (as determined by the City) degree or certificate from an accredited educational institution shall receive an additional allowance as follows:
• Associate of Arts Degree $100 per month
B.P.M.U. COMPENSATION PLAN
• Bachelor of Arts Degree $150 per month
• Master’s or Ph.D. Degree $200 per month
Special Certificates:
• 10 or more semester units $30 per month
• 20 or more semester units $60 per month
No employee may receive more than one Educational Incentive benefit at one time.
SECTION 8 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT PROGRAM All Management unit employees, after successful completion of their initial probationary period, shall be reimbursed up to a maximum of five hundred dollars ($500) per calendar year for professional and personal development on a prorated basis.
As determined by the Director of Human Resources, approved professional development expenditures may include costs incurred for job-related in-state or out-of-state classes, events, or seminars not paid for by the City; job-related software, books, reference publications, or other educational materials; or job-related professional organizations which promote the health and professional development of the Unit member and promote the best interests of the City.
SECTION 9 – SAFETY SHOES
A. The City shall provide a safety shoe program for employees who perform significant fieldwork as part of their normal and customary job duties.
B. The City shall pay up to $60.00 every two years, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications:
• Assistant City Engineer
• Associate Engineer
• Associate Plan Check Engineer
• Building and Safety Manager
• Operations Manager
• Planning Manager
• Principal Engineer
• Principal Plan Check Engineer
C. The City shall pay up to $250.00 on a per fiscal year, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of B.P.M.U. COMPENSATION PLAN
Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications:
• Code Enforcement Supervisor
• Facilities Maintenance Supervisor
• Fleet Maintenance Superintendent
• Fleet Maintenance Supervisor
• Sewer Services Superintendent
D. The City shall pay up to $250.00 every two years, through a direct purchase from the City selected vendor, for safety shoes which comply with the current California Office of Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications:
• Facilities and Parks Maintenance Superintendent
• Street Maintenance Superintendent
• Water Services Superintendent
E. An employee who purchases safety shoes through this program shall wear such safety shoes while working outside of an office environment, in compliance with Cal/OSHA regulation, Title 8, Section 3385. The City Manager and/or his designee shall have discretion as to the need and necessity of the safety shoe purchase.
SECTION 10 – UNIFORM ALLOWANCE
A. The City shall provide a work uniform to an employee who is required to wear a uniform by the department head and shall provide a City-paid cleaning service for such uniforms.
B. The City agrees to continue to provide uniform cleaning service for employees who currently receive it.
C. The monetary value for such purchase, rental, and maintenance of the required clothing which is a ready substitute for personal attire (uniform) shall be reported to the California Public Employees’ Retirement System (CalPERS) as compensation as required by law. The annual retirement contribution shall be based on the stated amounts for the term of the Compensation Plan listed in Section 15 Public Employees’ Retirement System. Any additional tax liabilities are borne solely by the employee.
SECTION 11 – CELL PHONE ALLOWANCE
The City shall provide a $50 per month stipend to management employees who have been authorized by their department head to use a personal cellular telephone or smartphone device for conducting official City business. The employee’s department head has full discretion to approve or deny a stipend request based on the expectation B.P.M.U. COMPENSATION PLAN
that the employee will use the personal cell phone for City business and that the employee will respond when called or texted.
SECTION 12 – VEHICLE ALLOWANCE
Incumbents of the following classifications shall receive $400 per month for the use of a personal vehicle on City business:
1. Assistant City Manager/Director of Human Resources
2. City Clerk
3. Director of Finance/City Treasurer
4. Director of Community Development
5. Director of Community Services
6. Director of Government and Community Relations (City Clerk) Each employee receiving this allowance shall have a personal vehicle at his/her work site each day he/she works, and shall use that vehicle on City business. For business trips more than 25 miles one-way from City Hall, the employee may use a City pool car or be reimbursed at the IRS rate for travel beyond the first 50 miles. An employee who uses rail transit for meetings or conferences (not commuting) shall be reimbursed for the cost of such transit.
City pool cars may be used in situations where a private vehicle may be endangered, e.g., fire, flood, or earthquake.
SECTION 13 – MILEAGE
An employee required to use a personal vehicle for City business shall be reimbursed at the rate allowed by the Internal Revenue Service.
SECTION 14 – CHILD CARE REIMBURSEMENT PROGRAM
A. Employees who have qualified dependent(s) between the ages of 0 and 5 (under 6) years old shall receive an additional $100 per month, per child, for child care assistance.
B. Qualifying dependents are natural born children, adopted children, step children, and/or parent-children relationship.
C. Child care reimbursement payments will not be considered compensation reportable to CalPERS or included in the calculation of the regular rate of overtime, benefits, or any other purpose.
B.P.M.U. COMPENSATION PLAN
RETIREMENT
SECTION 15 – PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) A. RETIREMENT PLAN. The City shall maintain its contract for a pension plan with the California Public Employees Retirement System (CalPERS), as originally adopted on March 1, 1964, and amended thereafter.
B. B. CONTRACT OPTIONS. The City’s contract with CalPERS shall include the following options:
Government Code Section
1. One Year Highest Compensation 20042
2. Military Service Credit as Public Service 21024
3. 2.5% at 55 – Full Formula 21354.4
4. Fourth Level of 1959 Survivor Benefit 21574
5. Pre-Retirement Optional Settlement 2 Death
Benefit
21548
C. SECOND TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after December 22, 2012, shall include the following options:
Government Code Section
1. Three Highest Years Compensation 20037
2. Military Service Credit as Public Service 21024
3. 2% at 60 – Full Formula 21353
4. Fourth Level of 1959 Survivor Benefit 21574
5. Pre-Retirement Optional Settlement 2 Death Benefit 21548 D. THIRD TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after January 1, 2013, shall include the following options:
Government Code Section
1. Three Highest Years Compensation 7522.32
2. Military Service Credit as Public Service 21024
3. 2% at 62 – Full Formula 7522.20
B.P.M.U. COMPENSATION PLAN
4. Fourth Level of 1959 Survivor Benefit 21574
5. Pre-Retirement Optional Settlement 2 Death Benefit 21548 E. CONTRIBUTIONS.
1. Employees hired before December 22, 2012, the full eight percent (8%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.
2. Employees hired on or after December 22, 2012, the full seven percent (7%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.
3. Employees hired on or after January 1, 2013, shall pay 50% of the normal cost rate for the benefit formula 2% at Age 62 via payroll deduction on a pre-tax basis (Government Code Section 7522.30).
4. 1959 Survivor Benefit. Each employee will pay the employee share required by CalPERS (currently $2.00 per month) and the City will pay the employer costs.
SECTION 16 – SOCIAL SECURITY
In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law shall be the responsibility of the employee, and shall be paid in full by the employee and the City shall not be obligated to pay or “pick-up” any portion thereof.
B.P.M.U. COMPENSATION PLAN
INSURANCE
SECTION 17 – MEDICARE
Employees hired by the City on or after April 1, 1986, shall pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or “pick-up” any such contribution.
SECTION 18 – MEDICAL INSURANCE
A. The City shall provide group medical insurance under the California Public Employees' Medical and Hospital Care Act (PEMHCA).
B. City Contribution. The City shall contribute the following monthly amounts for group medical insurance. Any additional contribution necessary to maintain group medical insurance shall be borne solely by the employee.
1. Persons Hired On or Before June 30, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,114
• Employee & One Dependent $1,708
• Employee & 2 + Dependents $2,240
For coverage effective: July 1, 2026
• Employee Only $1,164
• Employee & One Dependent $1,808
• Employee & 2 + Dependents $2,390
Retirees
• Retiree Only $160.00
• Retiree & 1 Dependent $308.00
• Retiree & 2 + Dependents $331.00
2. Persons Hired On or After July 1, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,114
• Employee & One Dependent $1,708
• Employee & 2 + Dependents $2,240
B.P.M.U. COMPENSATION PLAN
For coverage effective: July 1, 2026
• Employee Only $1,164
• Employee & One Dependent $1,808
• Employee & 2 + Dependents $2,390
Retirees
The City’s contribution for retirees who were hired on or after July 1, 1999 is determined by the California Public Employees Retirement System (CalPERS) in accordance with Section 22892 of the Public Employees’ Medical and Hospital Care Act (PEMHCA). The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2025: $158.00/month per retiree. • For coverage effective January 1, 2026: $162.00/month per retiree. • For coverage effective January 1, 2027: To be determined by CalPERS C. EXCESS MEDICAL. An employee who selects a health insurance plan which costs less than the City’s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City’s Cafeteria Plan, or receive a cash payout. For example, an employee with two or more dependents is entitled to a maximum monthly contribution of $2,240 per month. If he/she has a health insurance plan which costs $2,131.06 per month, the employee is entitled to $108.94 per month in excess medical.
D. WAIVER OF MEDICAL INSURANCE.
1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source.
The City may require proof of coverage at any time.
2. An eligible employee may elect to have the City’s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout. However, Council members who elect to waive the City’s health insurance must apply the City’s monthly contribution to his/her deferred compensation account.
The City Contributions shall be $839.00 per month.
E. SERVICE RETIREMENT ACCOUNT (SRA). In addition to the Contribution pursuant to the CalPERS Contract, employees hired on or after July 1, 1999, will be allowed to bank accrued sick leave time for use upon Retirement from Service, into a Service Retirement Account to defer out-of-pocket expenses for purchasing group medical B.P.M.U. COMPENSATION PLAN
insurance under the City’s program. The City will participate in the SRA by matching the employee contribution on a two-for-one (2:1) basis.
1. SRAs are not subject to fellow employee donations of sick leave or any other leave provisions. However, the SRA will be coordinated with the City’s Sick Leave Buyback program.
2. To be eligible, an employee must have a sick leave balance of at least 480 hours, and must maintain at least 480 hours of sick leave after making such deposit.
3. An eligible employee may place up to one-half of any unused portion of his/her annual sick leave accrual into the SRA, with the City matching contribution of twoto-one (2:1). This provision will be coordinated with the Sick Leave buyback provision, thereby limiting buyback and SRA deposits to one-half of any unused portion of their annual sick leave accrual.
4. The SRA is not subject to bearing interest. Eligible employee deposits and the City’s matching contributions are flat deposits.
5. Sick leave placed in the SRA will be converted into cash at the employee’s base pay rate and thus will no longer be available as sick leave once deposited in the SRA.
6. The donor employee shall have two options for withdrawal of funds from the SRA. a. At the option of the employee, upon retirement from service, the SRA will be paid at the then-hourly rate for the depositor. This shall include the employee contribution as well as the City’s matching portion, which will be used to offset/defer costs associated with purchasing group medical insurance plans during retirement.
b. The employee may, at any time, withdraw hours from the SRA to convert to cash, and will be paid at the base pay rate in effect when the original deposit was made. An employee making an early withdrawal from the SRA shall not be entitled to any of the City’s matching contribution, and shall lose that equal portion of the matching contribution as was withdrawn, i.e., two-to-one.
7. In the event that a participating employee separates from employment on other than a Retirement from Service (Service Retirement or Disability Retirement), the City shall payoff only the employee’s portion of the contributions made to the SRA, at the base pay rate for each deposit, and shall not be entitled to any of the City’s matching contribution.
8. In the event the SRA survives an active employee, or a retired employee, the City will pay off the balance of the employee’s contribution to the survivor of record.
Payment will be at the then-current base pay rate for the active employee and/or B.P.M.U. COMPENSATION PLAN
at the base pay rate of withdrawal for the retired employee, including the City’s matching contribution.
9. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Determinations shall be made in a manner that no employee shall lose his/her portion of the SRA and the City will not lose its portion of the matching contribution. Any determinations made in hearing a dispute to grant the City’s portion of the matching contribution will be made on a case-by-case basis, and will not be determined to be a past practice or official policy of the City.
Any person employed by the City prior to July 1, 1999, who is not currently a member of this unit of representation shall enjoy all benefits and rights of those employees hired prior to July 1, 1999, upon later occupying a position within this unit of representation.
10.Effective July 21, 2012, employees not currently enrolled in the SRA program are not eligible to enroll in this program. This program is closed to new enrollees.
SECTION 19 – DENTAL INSURANCE
A. The City shall continue to provide the current dental program for both employees and their eligible dependents under the age of 26.
B. Each employee is responsible for choosing one of the three plans listed below. In the event that no choice is made, the employee will be deemed to have chosen no dental insurance coverage.
C. Employees may switch plans only during the open enrollment period designated by the City.
D. PAYMENT OF PREMIUMS. Employees shall pay the amounts shown below. Any additional amount necessary to maintain group dental insurance shall be paid by the City.
1. 50/50 PLAN. The insurance carrier pays 50% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 50%.
Monthly
Employee Only $3.00
Employee & 1 Dependent $5.00
Employee & 2 + Dependents $7.50
2. 80/20 PLAN. The insurance carrier pays 80% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 20%.
B.P.M.U. COMPENSATION PLAN
Monthly
Employee Only $10.00
Employee & 1 Dependent $15.00
Employee & 2 + Dependents $20.00
3. HMO PLAN. The insurance carrier pays a portion of all services based on the fee schedule. Employees who enroll in this plan do not pay any monthly premium.
Each employee is responsible for any co-payment associated with this plan.
SECTION 20 – VISION INSURANCE
A. The City shall provide a vision insurance program for employees and their eligible dependents under the age of 26.
B. Each employee is responsible for enrolling in the plan. In the event that no choice is made, the employee will be deemed to have chosen no vision insurance coverage.
C. Effective January 1, 2026, the City shall contribute $6 monthly for group vision insurance. Any additional contribution necessary to maintain group vision insurance shall be borne solely by the employee.
SECTION 21 – LONG TERM DISABILITY INSURANCE
A. The City shall pay the entire premium for a City-owned long-term disability insurance policy affording coverage to each active employee.
B. The policy shall have a benefit waiting period of 60 calendar days of continuous disability. Any time after the expiration of the benefit waiting period, the employee may apply for this insurance and may use accrued leave pursuant to the City’s policy thereon.
C. The maximum benefit for total disability shall be 66 2/3 of the eligible employee’s basic monthly earnings as defined in the policy document, or $10,000 per month, whichever is less.
SECTION 22 – LIFE INSURANCE
A. The City shall provide group term life insurance (including accidental death and dismemberment) for each employee (either full-time or part-time) in the amount of one times (1x) the employee’s basic annual earnings to a maximum of $200,000. Each employee, at his/her own expense, may purchase additional life insurance from the insurer through the City. The City will provide group term life insurance (including accidental death and dismemberment) for each City Council member in the amount of $50,000.
B.P.M.U. COMPENSATION PLAN
B. The City shall provide group term life insurance (including accidental death and dismemberment) in the amount of $1,500 for each employee’s:
1. legal spouse or registered domestic partner, and/or
2. children under the age of 26.
SECTION 23 – CAFETERIA PLAN
A. The City shall provide a full flexible Cafeteria Plan under IRS Code Section 125, to include Premium Only Conversion and Health Care Spending and Dependent Care Accounts.
B. The City and individual participants shall divide the cost of the third-party administration service fee. Service fees are to be paid only by employees enrolled in the Health Care Spending Account and/or Dependent Care Spending Account. There is no service fee for participants in the Premium Only Conversion plan. The service fee may be amended from time to time by the City and the third-party administrator.
The City will consult with employees prior to increasing any deduction from employees for any plan year.
C. The City will utilize any assets remaining in the plan at the end of each plan year to off-set service fees for employees enrolled in either the Health Care Spending Account and/or Dependent Care Spending Account. “Plan year” is as defined in the plan documents. This item is governed by the Cafeteria Plan documents as it relates to Plan Year. Asset utilization to off-set service fees shall be determined no later than June 30 of any subsequent year.
SECTION 24 – ADMINISTRATION
A. The City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this Compensation Plan, provided that the benefits of the employees shall be substantially the same prior to implementation of this Compensation Plan.
B. If, during the term of this Compensation Plan, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage.
C. All group insurance benefits shall be provided and calculated in accordance with the City’s contracts with insurance providers.
B.P.M.U. COMPENSATION PLAN
LEAVES
SECTION 25 – HOLIDAYS
A. The following dates, and such other days or portion of days as may be designated by motion of the City Council, shall be observed as paid.
New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following 4th Thursday in November Day before Christmas December 24
Christmas Day December 25
B. In addition to the above, two floating holiday per fiscal year may be earned by MidManagement Group Employees (Executive Management Group Employees are not eligible). This floating holiday shall be designated by the employee and requires management approval, in advance, before it is taken. New hires must be employed for three months before becoming eligible for the floating holiday.
C. When a holiday occurs on a Saturday, the preceding Friday will be observed instead.
When a holiday occurs on a Sunday, the following Monday will be observed. When a holiday occurs on an off-Friday, the preceding Thursday shall be observed.
D. Holiday Closure. The City shall close the City Hall, City Yard, and Community Center facilities to the public during the holiday period between Christmas Eve and New Year's Day. During the closure, employees will have the option to use accrued Vacation, Management Leave, or Floating Holiday. Employees without sufficient accrued leave time to cover the holiday closure may borrow from future vacation accrual.
The City maintains the right to determine the essential services which still operate during this closure period.
B.P.M.U. COMPENSATION PLAN
SECTION 26 – VACATION LEAVE
A. ACCRUAL. Vacation leave shall accrue to each management full-time employee at the following rates:
Years of Service Vacation Hours Accrued
Less than 1 year 80 hrs. vacation per month (6.667
hrs. per month)
Less than 2 years 90 hrs. vacation per year (7.5 hrs.
per month)
Less than 3 years 100 hrs. vacation per year (8.333
hrs. per month)
Less than 4 years 110 hrs. vacation per year (9.167
hrs. per month
Less than 5 years 110 hrs. vacation per year (9.167
hrs. per month)
5 years to 10 years 120 hrs. vacation per year (10 hrs. per month)
10 years or more 160 hrs. vacation per year (13-1/3
hrs. per month)
B. ACCUMULATION. Accumulation of vacation leave in excess of that earned in two years is prohibited. All vacation leave exceeding the authorized accumulation shall be forfeited.
C. USAGE. Vacation leave taken shall not be in excess of that actually earned at the time the vacation starts.
1. Each employee must take at least 40 hours of vacation each fiscal year.
2. The time during the calendar year at which an employee shall take vacation shall be determined with particular regard for the needs of the service and due regard for the wishes of the employee.
3. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave, and the vacation leave shall be extended accordingly for employees eligible for such holidays.
4. Any leave of absence without pay shall not accrue vacation leave for each 30 day period of such leave.
B.P.M.U. COMPENSATION PLAN
5. No employee shall be entitled to any vacation until completion of six (6) months of continuous service, with the exception of using Management Leave and Floating Holiday.
6. All usage of vacation and Management leave time should be requested and approved by the employee's department head or designee at least two days prior to the start of vacation time.
D. ANNUAL CONVERSION.
1. Mid-Management - An employee may elect to convert up to 70 hours of vacation leave into a cash payment at the employee’s then-current rate of base pay. To be eligible for this option, the employee must utilize 40 hours of vacation leave in the preceding fiscal year. Unused Management Leave may not be used for cash payment.
Notwithstanding the above paragraph, an employee may convert up to a maximum of 80 hours of annual vacation leave into a cash payment as long as the employee has 240 hours, or more, of annual vacation leave “on the books” after the conversion.
2. Executive Management - An employee may elect to convert up to 80 hours of any combination of vacation and/or management leave into a cash payment at the employee’s then-current rate of base pay.
The maximum payment for those Executive Management employees receiving longevity pay shall be limited to 70 hours. However, an employee receiving longevity pay may convert up to a maximum of 80 hours of any combination of vacation and/or management leave into a cash payment as long as the employee has 240 hours or more of annual vacation leave “on the books” after the conversion.
Notwithstanding the above paragraph, an executive manager who has completed his/her initial probation period with the City will receive Management Leave pay at separation at the employee’s current rate of base pay for all unused Management Leave.
E. VACATION LEAVE PAY UPON SEPARATION. Upon separation, an employee will receive compensation at the current rate of base pay for all unused earned vacation up to and including the date of separation.
1. An employee who separates while serving a probation period in a classification to which the employee has been promoted shall receive vacation leave pay upon separation based on the hourly equivalent of the base pay received immediately prior to promotion, provided the employee has successfully completed a probation period in the classification from which the employee was promoted.
B.P.M.U. COMPENSATION PLAN
2. An employee who has not completed 6 months of continuous service shall not receive vacation leave pay upon separation.
F. CONTINUOUS SERVICE. For the purpose of computing years of service, an employee’s continuous service shall be based on the effective date on which the employee received initial probationary appointment in the City service.
SECTION 27 – MANAGEMENT LEAVE
Management personnel are not eligible for paid overtime. Each employee shall receive 60 hours of management leave per fiscal year. Management leave must be taken by June 30th each year and no part of it may be carried over into the next fiscal year.
Mid-management employees’ unused management leave may not be used for cash payment.
Additional time may be granted by the employee’s department head for time spent at required meetings and special events.
The definition of meetings and special events includes:
• City job-related emergencies.
• City Council meetings.
• City Commission or Committee meetings.
• Any meeting or special event approved in advance by the department head or his/her designee.
SECTION 28 – SICK LEAVE
A. ACCRUAL.
1. Each full-time employee shall accrue sick leave with pay at the rate of eight hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay.
2. Any leave of absence without pay exceeding 15 consecutive days shall result in no accrual of sick leave during the consecutive days of the employee’s leave of absence without pay that is in excess of 15 consecutive days.
B. ACCUMULATION. Sick leave may be accumulated without limit.
C. USAGE.
1. Eligibility for Use of Sick Leave. Sick leave may be taken only when the employee has sick leave credits. An employee shall be eligible to take sick leave after he/she has worked one full calendar month.
B.P.M.U. COMPENSATION PLAN
2. Sick leave may be granted only with the approval of the department head and only in case of a bona fide illness or medical/dental appointments of the employee. The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.
3. Sick leave may also be used for a bona fide illness or medical/dental appointments of a family member (spouse, child, brother, sister, mother, father, mother-in-law, father-in-law, grandmother, grandfather) or designated person when the presence of the employee is required up to a maximum of three days per individual situation.
The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.
A “designated person” is defined as any one person identified by the employee at the time the employee requests paid sick leave. This designation is limited to only one designated person per 12-month period.
4. Maternity leave. The employee shall submit a doctor’s statement approving her fitness to continue working for a specified term. A post-natal release from the doctor must be submitted prior to returning to work.
5. Sick leave shall not be used in lieu of, or added to, vacation. Accrued vacation leave may be used for sickness when all sick leave has been taken.
6. Sick leave during vacation. An employee who becomes ill while on vacation may have such period of illness charged to accumulated sick leave instead of to vacation, provided that immediately upon return to duty, the employee submits to the department head a written request for sick leave and a written statement signed by the employee’s physician describing the nature and dates of the illness.
7. Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for all of the following reasons:
a. Disability or illness arising from compensated employment other than with the City of Buena Park.
b. Leave of absence without pay.
c. Absence because of intoxication or for the purpose of recovering from intoxication.
D. MEDICAL LEAVE OF ABSENCE. Upon written request of the employee and recommendation of the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided:
B.P.M.U. COMPENSATION PLAN
1. The employee has used all accumulated sick leave.
2. The employee has been continuously employed in the City service for at least one year.
3. The employee presents to the department head for referral to and consideration by the City Manager a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician.
4. Prior to resuming duties, the employee may be required to take a medical examination at the employee’s expense and as prescribed by the City Manager.
The employment record and the results of such examination shall be considered by the City Manager or designee in determining the employee’s fitness to return to work.
5. The maximum period of such leave shall be three calendar months. If the employee desires an extension, the employee shall follow the procedure described in subparagraph 3 above.
E. PENALTY FOR ABUSE. When, in the judgment of the department head, the employee’s reason for being absent because of alleged sickness is inadequate, the department head shall indicate on the payroll form that the absence was without pay.
The department head may recommend to the City Manager that appropriate disciplinary action be imposed against the employee.
F. ANNUAL BUYBACK PROGRAM.
1. To be eligible, an employee must have:
a. 480 hours of accumulated sick leave as of the first pay period of July of the preceding year, and
b. 480 hours of accumulated sick leave remaining after the cash out.
2. An employee who wishes to participate must file a written request with the Finance Department. This request will apply for the previous fiscal year sick leave accumulation.
3. Participants will be paid for 50% of the hours accrued during the fiscal year. These hours being paid will be deducted from the employee’s sick leave bank. The remaining hours accrued, but not used, will remain in the employee’s sick leave bank. Payment will be based at the employee’s base hourly rate in effect at the time of payment.
B.P.M.U. COMPENSATION PLAN
G. SICK LEAVE PAY ON SEPARATION. Employees shall be compensated for unused sick leave at the time of honorable separation or retirement in accordance with the schedule below.
Years of
Service
Maximum Sick Leave Hours
Eligible for Payment Upon
Retirement
Maximum Sick Leave Hours
Eligible for Payment Upon
Honorable Separation
5 – 10
20% of the value of the
unused sick leave
(i.e. 20% of 960 = 192 Max)
0 10 – 15
30% of the value of the
unused sick leave
(i.e. 30% of 960 = 288 Max)
30% of the value of the
unused sick leave
15 – 20
40% of the value of the
unused sick leave
(i.e. 40% of 960 = 384 Max)
40% of the value of the
unused sick leave
20 or more
50% of the value of the
unused sick leave
(i.e. 50% of 960 = 480 Max)
50% of the value of the
unused sick leave
Employees may only accrue a maximum of 960 hours of sick leave for the purpose of this section. All payments shall be at the employee’s base hourly salary rate in effect on the date of separation.
H. Except as herein provided, no payment shall be granted to an employee for accrued sick leave at the time of termination. Termination of an employee’s continuous service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued at the time of such termination, regardless of whether the employee subsequently reenters the City service.
SECTION 29 – BEREAVEMENT LEAVE
Whenever an employee is compelled to be absent from duty by reason of the death (or critical illness where death appears imminent) of a family member, the employee shall, upon approval of the department head, be entitled to up to three work days of bereavement leave with pay once per fiscal year. Employees in need of additional time may charge such absence to the employee's accumulated sick leave to a maximum of five working days for each such incident. Use of such leave shall not count against the sick leave buy back or deposits made to the SRA.
“Family member” is defined as the employee’s or spouse’s:
B.P.M.U. COMPENSATION PLAN
• Father • Mother
• Grandfather • Grandmother
• Sibling(s) • Child
• Spouse • Grandchildren
SECTION 30 – WORKERS COMPENSATION
A. An employee who is absent from duty because of an on-the-job injury sustained during City employment shall receive his/her normal pay during the first 27 calendar weeks of such accident, provided the employee returns to the City any compensation paid under the provisions of the California Workers’ Compensation Law for the corresponding period of time.
During this maximum 27-week period, an employee so entitled shall continue to receive all forms of compensation he/she would be receiving as if at work. The employee shall also be eligible for consideration for merit pay increases during this period.
B. After this maximum 27-week period, an employee who has not returned to work shall not receive any other form of compensation from the City, including, but not limited to, accrual of vacation and sick leave, holiday pay, special assignment pay, education pay or payment of group insurance premiums. An employee may not use accumulated sick leave or vacation to supplement temporary disability indemnity payments.
SECTION 31 – JURY DUTY
No deduction shall be made in the pay of an employee who serves on jury duty if the employee has waived or remitted the jury fee for such jury duty. An employee who serves on jury duty on a scheduled day off shall not be required to remit his/her jury fees for that day. If the employee has not so waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee summoned to jury duty shall immediately notify his/her supervisor in writing. The employee shall remit to the City all fees and allowances payable for jury duty, less reimbursements from the court for meals, travel, or lodging.
SECTION 32 – OTHER LEAVES
A. LEAVE WITHOUT PAY. Upon written recommendation of the department head, the City Manager may authorize a leave of absence without pay for a period not to exceed 30 calendar days in a calendar year.
B. Authorized leaves of absence without pay of 30 calendar days or less, and leaves of absence with pay for any period shall not constitute an interruption of an employee’s continuous service and shall not be deducted in computing total City service.
Authorized leaves of absence without pay in excess of 30 calendar days, unless B.P.M.U. COMPENSATION PLAN
covered by the Family Medical Leave Act, shall be deducted in computing an employee’s total City service for advancement in salary range and for other purposes specified in this Compensation Plan, but shall not serve to interrupt continuous service.
C. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave.
Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or training).
Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits.
If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary.
B.P.M.U. COMPENSATION PLAN
WORKING CONDITIONS
SECTION 33 – PAY PERIODS
A. The City shall utilize the biweekly payroll system. Pay periods shall begin at 12:01 a.m. every other Saturday and end at midnight the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception is when that Friday is a federal holiday the payday shall fall on the preceding business day.
B. Direct Deposit. The City shall electronically deposit employees' paychecks into a savings or checking account designated by the employee. All employees shall participate in the City's direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution.
SECTION 34 – HOURS OF WORK AND SCHEDULES
Unless otherwise prescribed in writing by the City Manager, the work week, work shift, and work schedule for each position shall be as follows:
A. WORK WEEK. The work week for all full-time positions shall be 40 hours.
B. WORK SHIFT. The work shift for all full-time positions scheduled on the “9/80 Work Plan” shall be nine hours a day for eight days, and eight hours for one day for a total of 80 hours in a two-week period.
C. WORK SCHEDULE. The work schedule for each position shall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays, and holidays continuously on week days in accordance with the Alternative Work Schedule.
D. ALTERNATIVE WORK SCHEDULES. The decision to implement any alternative work schedule, including the 9/80 Plan and the trial 4/10 Plan for City Hall, Community Center, Ehler’s Event Center, the City Yard, and Stage Stop Hotel is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Management Unit and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.
Except in cases of emergency, the City shall provide two weeks notice to an employee of any changes in his/her work schedule.
B.P.M.U. COMPENSATION PLAN
SECTION 35 – SUBSTANCE ABUSE– DRUG POLICY
A. It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.
B. It is in the best interest of the City, the Association, employees, and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe work environment, poor morale, and increased potential liability to the City. “Under the influence” means the knowing use of any illegal substance or alcohol or knowing misuse of a prescribed drug in a manner and to a degree that substantially impairs the employee's work performance or the ability to use City property or equipment safely.
C. An employee, not on paid standby, who is called at home to return to work may decline to return if he/she feels physically unable to perform his/her job even if the employee perceives that the inability to perform is the result of having consumed alcoholic beverages. No reason need be given by the employee and the employee shall not be subjected to discipline for his/her refusal to return to work.
D. The City provides an Employee Assistance program for employees who have problems with drugs and/or alcohol. Every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance.
E. The City may, upon showing of reasonable suspicion that this policy is being violated, compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense. “Reasonable suspicion” is a belief based on objective and articulable facts sufficient to lead a reasonable and prudent supervisor to suspect that an employee is “under the influence” in that the employee’s ability to perform the functions of the job is impaired or the employee’s ability to perform his/her job safely is reduced. Allegations of harassment pursuant to this paragraph shall be reported to the Human Resources Department. The Human Resources Department shall conduct an investigation into the alleged harassment and take appropriate corrective action as a result of its investigation. Nothing contained herein shall limit the City's right to discipline or discharge any employee.
B.P.M.U. COMPENSATION PLAN
SECTION 36 – GRIEVANCE PROCEDURE
A. DEFINITION. A grievance shall be considered as any matter for which appeal is not provided for concerning a dispute about the interpretation or application of any ordinance, rule, or regulation governing personnel practices or working conditions.
B. PURPOSE.
1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be heard and settled as informally as possible.
C. PROCEDURE. Whenever an employee feels that the policy of the City is not being appropriately applied to his/her circumstance, he or she can file a grievance to resolve the dispute. The limitation on filing a grievance must be within sixty (60) calendar days from the date the employee first became aware of, or should have become aware of, the issue(s) underlying the grievance. To file a grievance, he or she shall take the following action(s):
1. The dispute should be discussed fully with the employee's most immediate supervisor, who should make every effort to resolve the dispute in a fair and equitable manner and in accordance with established policy. After the employee and the supervisor have discussed the incident, the supervisor will give the employee a verbal or written response within two working days.
2. The process described above shall continue through the line of supervision, up to and including the department head, if the aggrieved party is not satisfied with the resolution at the initial or preceding step(s). However, the employee must notify the department head of the dispute in writing.
3. Should the dispute not be resolved by the department head to the satisfaction of both parties, the employee will notify the Director of Human Resources of the dispute in writing. The Director of Human Resources will interview both parties in the dispute and others affected and report those findings to the City Manager and recommend steps to be taken to resolve the problem within the Department.
Within 10 working shifts, the parties will be provided with a written response from the City Manager. The decision of the City Manager shall be the final step in the Administrative process.
B.P.M.U. COMPENSATION PLAN
SECTION 37 – ADVISORY ARBITRATION
City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended and is incorporated herein and attached as Exhibit F.
SECTION 38 – ANNUAL PHYSICAL EXAMINATION
Each employee is eligible for an annual physical examination by the City’s medical examiner, or by a private physician upon written request to the Human Resources Department. The City will pay a private physician an amount equal to the amount paid to the City medical examiner, and the employee shall be responsible for paying any additional amounts required beyond the City’s contribution.
SECTION 39 – SEVERANCE
Executive Management employees in classifications listed in Exhibit A are considered “At Will” and may be terminated at any time without cause. The City shall pay the employee a lump sum cash severance payment equal to two (2) months base salary.
If the City Manager terminates the employee’s employment with cause, the employee shall not be entitled to any severance. “Cause” shall mean any of the following:
a) Conviction of a felony;
b) Conviction of a misdemeanor arising out of Employee’s duties and involving a willful or intentional violation of law;
c) Willful abandonment of duties;
d) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council or persistent and willful violation of properly established rules and procedures; and e) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of the City or its organizational units, or is detrimental to employee safety or public safety.
Severance pay shall not be required if the employee voluntarily separates from the City.
SECTION 40 – CITY COUNCIL BENEFITS
Members of the City Council shall be eligible to receive retirement, health and welfare, automobile allowance, cell phone allowance, deferred compensation, and other benefits provided for in this Compensation plan to the extent consistent with Government Code Sections 36516, 36516.5 and 53200 et seq. and any other applicable legal requirement B.P.M.U. COMPENSATION PLAN
EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 5, 2025 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Assistant City Clerk 800 44.42 7,700 92,394 46.57 8,072 96,866 48.87 8,471 101,650 51.23 8,880 106,558 53.74 9,315 111,779 55.35 9,594 115,128 Assistant City Engineer 820 72.03 12,485 149,822 75.57 13,099 157,186 79.29 13,744 164,923 83.19 14,420 173,035 87.30 15,132 181,584 89.92 15,586 187,034 Associate Engineer 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Associate Plan Check Engineer 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Building and Safety Manager 812 59.33 10,284 123,406 62.25 10,790 129,480 65.29 11,317 135,803 68.50 11,873 142,480 71.85 12,454 149,448 74.01 12,828 153,941 Code Enforcement Supervisor 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Community Services Supervisor 801 45.51 7,888 94,661 47.74 8,275 99,299 50.07 8,679 104,146 52.53 9,105 109,262 55.08 9,547 114,566 56.73 9,833 117,998 Economic Development Administrator 820 72.03 12,485 149,822 75.57 13,099 157,186 79.29 13,744 164,923 83.19 14,420 173,035 87.30 15,132 181,584 89.92 15,586 187,034 Facilities Maintenance Supervisor 797 41.11 7,126 85,509 43.14 7,478 89,731 45.34 7,859 94,307 47.57 8,246 98,946 49.97 8,662 103,938 51.47 8,922 107,058 Facilities and Parks Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Finance Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Fleet Maintenance Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Fleet Maintenance Supervisor 800 44.42 7,700 92,394 46.57 8,072 96,866 48.87 8,471 101,650 51.23 8,880 106,558 53.74 9,315 111,779 55.35 9,594 115,128 Homeless Outreach Supervisor 801 45.51 7,888 94,661 47.74 8,275 99,299 50.07 8,679 104,146 52.53 9,105 109,262 55.08 9,547 114,566 56.73 9,833 117,998 Human Resources Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Operations Manager 820 72.03 12,485 149,822 75.57 13,099 157,186 79.29 13,744 164,923 83.19 14,420 173,035 87.30 15,132 181,584 89.92 15,586 187,034 Planning Manager 812 59.33 10,284 123,406 62.25 10,790 129,480 65.29 11,317 135,803 68.50 11,873 142,480 71.85 12,454 149,448 74.01 12,828 153,941 Principal Engineer 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Principal Plan Check Engineer 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Public Works Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Purchasing Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Sewer Services Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Sr. Human Resources Analyst 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Sr. Management Analyst 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Street Maintenance Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Sustainability Manager 818 68.60 11,891 142,688 72.02 12,484 149,802 75.56 13,097 157,165 79.28 13,742 164,902 83.17 14,416 172,994 85.67 14,850 178,194 Visit Buena Park Director 815 63.81 11,060 132,725 66.94 11,603 139,235 70.21 12,170 146,037 73.69 12,773 153,275 77.31 13,400 160,805 79.63 13,803 165,630 Visitor Services and Sales Manager 782 28.39 4,921 59,051 29.80 5,165 61,984 31.28 5,422 65,062 32.87 5,698 68,370 34.49 5,978 71,739 35.52 6,157 73,882 Water Services Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
B.P.M.U. COMPENSATION PLAN
EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 4, 2026 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Assistant City Clerk 800 46.64 8,084 97,011 48.90 8,476 101,712 51.31 8,894 106,725 53.79 9,324 111,883 56.43 9,781 117,374 58.12 10,074 120,890 Assistant City Engineer 820 75.63 13,109 157,310 79.35 13,754 165,048 83.25 14,430 173,160 87.35 15,141 181,688 91.67 15,890 190,674 94.42 16,366 196,394 Associate Engineer 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Associate Plan Check Engineer 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Building and Safety Manager 812 62.30 10,799 129,584 65.36 11,329 135,949 68.55 11,882 142,584 71.93 12,468 149,614 75.44 13,076 156,915 77.71 13,470 161,637 Code Enforcement Supervisor 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Community Services Supervisor 801 47.79 8,284 99,403 50.13 8,689 104,270 52.57 9,112 109,346 55.16 9,561 114,733 57.83 10,024 120,286 59.57 10,326 123,906 Economic Development Administrator 820 75.63 13,109 157,310 79.35 13,754 165,048 83.25 14,430 173,160 87.35 15,141 181,688 91.67 15,890 190,674 94.42 16,366 196,394 Facilities Maintenance Supervisor 797 43.17 7,483 89,794 45.30 7,852 94,224 47.61 8,252 99,029 49.95 8,658 103,896 52.47 9,095 109,138 54.04 9,367 112,403 Facilities and Parks Superintendent 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Finance Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Fleet Maintenance Superintendent 806 46.64 8,084 97,011 48.90 8,476 101,712 51.31 8,894 106,725 53.79 9,324 111,883 56.43 9,781 117,374 58.12 10,074 120,890 Fleet Maintenance Supervisor 800 46.64 8,084 97,011 48.90 8,476 101,712 51.31 8,894 106,725 53.79 9,324 111,883 56.43 9,781 117,374 58.12 10,074 120,890 Homeless Outreach Supervisor 801 47.79 8,284 99,403 50.13 8,689 104,270 52.57 9,112 109,346 55.16 9,561 114,733 57.83 10,024 120,286 59.57 10,326 123,906 Human Resources Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Operations Manager 820 75.63 13,109 157,310 79.35 13,754 165,048 83.25 14,430 173,160 87.35 15,141 181,688 91.67 15,890 190,674 94.42 16,366 196,394 Planning Manager 812 62.30 10,799 129,584 65.36 11,329 135,949 68.55 11,882 142,584 71.93 12,468 149,614 75.44 13,076 156,915 77.71 13,470 161,637 Principal Engineer 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Principal Plan Check Engineer 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Public Works Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Purchasing Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Sewer Services Superintendent 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Sr. Human Resources Analyst 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Sr. Management Analyst 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Street Maintenance Superintendent 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Sustainability Manager 818 72.03 12,485 149,822 75.62 13,108 157,290 79.34 13,752 165,027 83.24 14,428 173,139 87.33 15,137 181,646 89.95 15,591 187,096 Visit Buena Park Director 815 67.00 11,613 139,360 70.29 12,184 146,203 73.72 12,778 153,338 77.37 13,411 160,930 81.18 14,071 168,854 83.61 14,492 173,909 Visitor Services and Sales Manager 782 29.81 5,167 62,005 31.29 5,424 65,083 32.84 5,692 68,307 34.51 5,982 71,781 36.21 6,276 75,317 37.30 6,465 77,584 Water Services Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
B.P.M.U. COMPENSATION PLAN
EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 5, 2025 Minimum Control Point Maximum
Executive Management Grade Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Assistant City Manager/Director of Human Resources 101 213,054 17,755 102.43 255,653 21,304 122.91 268,445 22,370 129.06 Director of Community Development 103 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 Director of Community Services 105 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 Director of Finance / Treasurer 103 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 Director of Public Works / City Engineer 112 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 4, 2026 Minimum Control Point Maximum
Executive Management Grade Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Assistant City Manager/Director of Human Resources 101 223,704 18,642 107.55 268,445 22,370 129.06 281,861 23,488 135.51 Director of Community Development 103 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 Director of Community Services 105 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 Director of Finance / Treasurer 103 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 Director of Public Works / City Engineer 112 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
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EXHIBIT B – COMPENSATION PLAN
A. PURPOSE. The purpose of this Plan is to establish a Merit system of compensation based upon performance and productivity, with due consideration for all qualities of service and contribution to the City.
B. SALARY RANGES. The establishment of salary ranges and the allocation of classes thereto shall be by Resolution of the City Council.
Full-time Regular, Probationary, Provisional, Temporary and Acting Appointments. An employee having a regular, probationary, or acting appointment that is on a full-time basis, shall be compensated at a biweekly rate as determined by the City Manager, subject to the provisions of this Resolution.
C. RESPONSIBILITIES OF CITY MANAGER. At least annually, the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range for each class for which the City Manager is appointing authority. In determining salary ranges, consideration shall be given to both base pay, fringe benefits, and working conditions.
D. STRUCTURE OF THE COMPENSATION PLAN. The Compensation Plan consists of salaries for each class as shown in Exhibit “A” designated as Management Salary Schedule.
E. EXECUTIVE MANAGEMENT SALARY RATES AND PAY STRUCTURE. The basic structure of the Executive Management pay plan includes a minimum point, control point, and maximum point. The control point is a point in the salary range which has been determined through the application of labor market data and internal relationship guidelines. Progression from the minimum point to the control point is based upon performance only.
1. Salary ranges are established as follows:
Salary ranges should consist of a spread of approximately 25 percent with a control point established 20 percent into the range. Specifically:
a. The control point of a range should be set to that salary level established through the application of labor market data and internal relationship guidelines.
b. The minimum point of the range shall be set 20 percent below the control point (i.e., control point divided by 1.20).
c. The maximum point of the range should be set 5 percent above the control point (control point multiplied by 1.05).
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d. A 2-1/2% differential has been established between control points of the ranges.
2. Pay Increases within the Range. In providing pay increases within the salary range, the following administrative guidelines will be applied:
Salary increases within the range for employees in an existing job classification may be based on general, merit, or equity increases.
a. New Department Head employees may be appointed anywhere in the salary range.
b. Department Heads are eligible for a pro-rata salary increase after completion of six months of service given acceptable work performance. This increase shall be made only if recommended and approved by the City Manager. c. Any Department Head who demonstrates acceptable performance would normally progress to the control point over time, with salary increases awarded flexibly within the range at the City’s discretion.
d. Employees at control point will be handled on a case by case basis. e. Merit adjustments should be granted based on the employee’s job performance, with high achievers receiving proportionately larger pay increases. Job performance below acceptable standards may result in an employee not receiving a merit increase, or receiving a deferred increase, regardless of the employee’s placement within the salary range. f. As an employee moves from one range to another by promotion, reclassification or transfer, he/she shall be placed within the new range at no less than 5% above current salary. Actual placement shall be at the discretion of the City Manager.
g. Adjustments shall be considered on an annual basis. Progression to the control point is based solely upon performance.
F. COMPENSATION PROCEDURE MID-MANAGEMENT.
1. The Salary Schedule for mid-managers is divided into five steps or salary rates.
Step “1” is designated as an "entry level" step; the four additional steps are numbered “2” through “5”.
2. Each class of position in management is designated to the proper Range Number in the Salary Schedule as shown in Exhibit “A”.
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3. In General. Except as otherwise provided herein, all new employees shall be appointed at the entry level step of the salary range in effect for the class in which the appointment is made.
4. Exceptions. The City Manager may authorize such new appointments at a salary rate up to Step 5, when it is determined that equity among employees and the interests of the city will best be served.
5. Employees are eligible to progress to the second and to the third steps after completing six (6) months of service at the preceding step. These salary increases are awarded in recognition of good performance and as an incentive for continued work improvement. These increases shall be made only if recommended by the Department Head and approved by the City Manager.
6. Employees are eligible for additional salary increases to the fourth and fifth steps after completion of one year of service at the preceding step on their salary anniversary date. These increases shall be made only if recommended by the Department Head and approved by the City Manager and are awarded in recognition of good performance and as an incentive for continued work improvement.
G. COMPENSATION UPON PROMOTION. Every promotion from one class to a higher class shall carry a minimum salary increase of five percent.
H. COMPENSATION ON DEMOTION.
1. Involuntary Demotion. An employee who is involuntarily demoted shall have the salary rate, at the time of demotion, reduced to the nearest lowest salary rate of the class of position to which the employee is demoted. The demoted employee shall not be required to serve a probation period in the lower position unless specifically determined by the City Manager.
2. Voluntary Demotion. An employee who requests demotion shall retain the current salary rate if such rate is within the salary range of the lower classification. If the employee’s salary rate prior to the demotion was higher than the maximum salary of the lower position, the employee shall receive the latter. The employee shall not be required to serve a probationary period in the lower position unless specifically determined by the City Manager.
I. FAILURE TO COMPLETE PROBATION PERIOD. The compensation of an employee who is rejected during a probation period in a classification and who is assigned to a classification having a lower salary range shall be as follows:
1. If the employee had previously completed a probation period in a lower classification, the employee shall not be required to serve another one; the employee’s last salary rate in the lower position shall be the employee’s new salary B.P.M.U. COMPENSATION PLAN
rate upon reassignment to that position, and the employee shall earn eligibility to receive subsequent merit salary advancements in accordance with the rules.
2. If the employee had not previously completed a probation period in a lower classification, the effective date of the reassignment to that class shall be the employee’s new probationary anniversary date and the employee shall be required to serve a probation period.
J. COMPENSATION ON POSITION RECLASSIFICATION. The salary of an employee in a position that is reclassified shall be determined as follows:
1. Class with Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate and the salary review date of the employee shall not be changed. This provision shall also apply to a change of class title provided there is no change in the basic duties of the position.
2. Class with Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the salary of the employee shall be governed by the section on compensation upon promotion.
3. Class with Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, the employee’s salary shall not change. The employee shall be temporarily “Y” rated until at such time the salary within the lower class meets or exceeds the employee’s “Y” rated salary. The employee shall not be required to serve a new probation period.
K. COMPENSATION ON TRANSFER. The salary rate and salary review date of an employee who is transferred in class shall not change.
L. COMPENSATION FOR PORTION OF PAY PERIOD. A regular or probationary appointee serving on a full-time basis who works less than a full biweekly pay period, except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee’s hourly rate. The number of hours worked in such pay period shall include paid holidays.
M. CHANGES IN CLASS SALARY RANGE. If a class is allocated to a different salary range, an employee in a position in that class shall be compensated at the same rate in the new range as the employee was receiving in the previous range, and the employee’s salary review date shall not change.
N. COMPENSATION FOR ACTING APPOINTMENTS. Subject to the following conditions, an employee who is required on the basis of an acting appointment to B.P.M.U. COMPENSATION PLAN
serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entry level salary rate of the higher salary range or the rate five percent higher than the rate the employee normally receives, whichever is greater, for all such hours assigned.
1. The employee must perform all the duties and assume all the responsibilities of the higher class.
2. Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of newly budgeted positions, where the needs of the City require that the position be filled.
3. Acting appointments shall not be permitted for a period in excess of six continuous months, except in the manner provided in Section 2.20.080 of the Buena Park City Code.
The City Manager must approve all such appointments meeting the criteria set forth in this paragraph.
O. PROBATIONARY APPOINTMENT FOLLOWING PROVISIONAL APPOINTMENT.
Notwithstanding the other provisions of this Resolution, a provisional appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class, the employee’s probation period shall commence with the date of his provisional appointment. Satisfactory completion of such probation period shall be on written recommendation of the Department Head and approval of the City Manager.
P. CONSIDERATION OF EMPLOYEE REQUESTS. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall submit to the Department Head a written statement of the claimed inequity and the employee’s request, and the Department Head shall promptly forward the statement and the request, and the Department Head’s written recommendation to the City Manager.
Q. CONTINUITY OF SERVICE REQUIREMENTS. Continuous service, as required for advancement within salary ranges and for other purposes specified in this Resolution, is defined as City Employment on a probationary, regular, or acting appointment basis without break or interruption.
Authorized leaves of absence without pay in excess of thirty (30) calendar days shall be deducted in computing an employee’s total City Service for advancement in salary range and for other purposes specified in this Resolution but shall not serve to interrupt the employee’s continuous service.
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R. AVOIDANCE OF INEQUITIES. The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution.
S. ADMINISTRATIVE REGULATIONS. The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this Resolution. Prior to issuance such regulations shall be referred to the City Attorney as to their conformance with this Resolution. At least annually such regulations shall be considered for possible incorporation in a revision of this Resolution.
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EXHIBIT C – HIRING OF EMPLOYEE RELATIVES
The hiring of relatives of City employees is based upon the following criteria:
A “relative” is defined as a spouse, child, step-child parent, step-parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as the City employee.
An “employee” is defined as any person who receives a City payroll check for services, full or part-time rendered to the City of Buena Park.
The employment of relatives of City employees within the City of Buena Park is limited to the following situations: Any relative of a Council Member, the City Manager, or employees of the Human Resources Department shall not be considered for employment within the City of Buena Park in any capacity, either full-time or part-time.
Any relative of a City-appointed commissioner, board or committee member, or department manager may not be considered for employment within the department or area of responsibility of such City-appointed commissioner, board or committee member of department manager. The employment of relatives of all other City employees is prohibited within the department of the existing employee when such related employee may: perform joint duties, share responsibility or authority; report to the same immediate supervisor; or be supervised by or would supervise a relative.
Relatives of City employees, except for relatives of Council Members, the City Manager, Human Resources staff, City-appointed commissioners, board or department managers may be hired for seasonal assignments. However, such employment shall not exceed twenty percent (20%) of the compliment of seasonal employees in that classification and shall be selected only by an open recruitment process.
City employees who are related as described above, shall not be affected in their current job status except when the City Manager determines that the circumstances of such employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security or morale of the particular work unit.
If two existing City employees become married and their employment conflicts with the policy stated above, they may continue employment provided that such employment does not directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or morale of the particular work unit. The City manager shall determine whether or not such detriment or undue hardship exists.
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The City Manager is authorized to issue written guidelines to implement and enforce this policy. All determinations made by the City Manager shall be final and conclusive and not subject to Section 2-136 of the Administrative Section of the City Code. In all situations where the City Manager determines a conflict to exist between existing or future related employees, the City Manager shall attempt to resolve such conflict in the following manner:
Attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict.
If such redefinition of job status is not feasible, attempt to transfer one of the employees to a similar position (without guarantee or identical salary) that would not be in violation of this policy.
If transfer is not feasible or acceptable, request the voluntary resignation of one of the employees.
If one of the employees does not voluntarily resign, the employee with the least employment experience in the City of Buena Park may be discharged by the City Manager.
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EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY
I. PURPOSE OF POLICY
A. To define and issue to all employees the City’s policy on the prohibition and prevention of harassment, discrimination, retaliation and bullying in the workplace.
B. To fully inform all employees of their right to have a safe work environment and be free of unlawful harassment, discrimination, retaliation, and bullying in the workplace.
C. To fully inform all employees that the City of Buena Park does not and will not tolerate any conduct that is believed to violate this Policy in the workplace.
D. To inform all employees of their rights if they believe that they are or have been the victim of harassment, discrimination, retaliation, and bullying.
E. To provide a means for the prompt reporting and full and effective investigation of harassment, discrimination, retaliation, and bullying complaints and to provide for effective remedial action against the harasser and for the victim.
II. STATEMENT OF POLICY
It is the Policy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, discriminates, retaliates, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment. In addition to prohibiting all forms of harassment, discrimination and retaliation, the City also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events.
Harassment or discrimination against an applicant, unpaid intern, volunteer, or employee by a supervisor, management employee, elected or appointed official, coworker, member of the public, or contractor on the basis of race, religion , color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), military or veteran status, or any other protected classification as defined below is prohibited and will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
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Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission.
All employees will be expected to comply with this Policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this Policy against harassment, discrimination, retaliation, and bullying in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination.
When a violation of this Policy is reported, an investigation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action.
Negligent supervision, tacit approval by “turning a blind eye”, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
III. DEFINITION OF HARASSMENT
A. Protected Classifications: This policy prohibits harassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), and military or veteran status.
B. Policy Coverage: This Policy prohibits the employer, elected or appointed officials, officers, employees, or contractors from harassing or discriminating against applicants, officers, officials, employees, unpaid interns, volunteers, or contractors because of: 1) an individual’s protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
C. Discrimination: This policy prohibits treating individuals differently because of the individual’s protected classification as defined in this Policy.
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D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person’s protected classification. Note that harassment is not limited to conduct that city employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
1. Verbal Harassment – For example, epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.
2. Physical Harassment – For example, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, proposition, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, emails, pictures or drawings related to a protected classification.
4. Sexual Harassment – Unwelcome sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
2. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment B.P.M.U. COMPENSATION PLAN
can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
4. Even visual, verbal, or physical conduct between two individuals who appear to welcome the conduct can constitute harassment of a third individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee or contractor has reported harassment, discrimination, or bullying or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment, discrimination, or bullying, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment, discrimination, or bullying, or real or implied threats of intimidation to prevent an individual from reporting harassment, discrimination, or bullying. The following individuals are protected from retaliation: those who make good faith reports of harassment, discrimination, or bullying, those who associate with an individual who is involved in reporting harassment, discrimination, or bullying, and those who participate in the complaint or investigation process.
IV. DEFINITION OF BULLYING
A. All employees, consultants, independent contractors, and visitors have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee’s ability to work; is severe or pervasive; and creates an intimidating or threatening environment.
B. Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name calling, sarcasm, spreading rumors, and teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chat room misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment.
Under certain circumstances, bullying can also include conduct taken by those B.P.M.U. COMPENSATION PLAN
who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public.
V. DEFINITION OF EMPLOYEE
For the purposes of this policy, an employee shall be defined as any individual, regardless of classification, employed by the City of Buena Park, or job applicants, unpaid interns, volunteers, or contractors working under the supervision of the City, vendors and contract employees.
VI. COMPLAINT PROCEDURE
A. Any employee, job applicant, unpaid intern, volunteer, or contractor who believes he or she has been the subject of harassment or any form of bullying should report the alleged act immediately verbally or in writing with any of the following. There is no need to follow the chain of command:
1. Immediate supervisor;
2. Any supervisor or manager within or outside of the department;
3. Department Head; or
4. Director of Human Resources.
B. The limitation on reporting alleged acts of harassment, discrimination, retaliation, and bullying must be within twelve months of the incident or incidents.
C. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources.
D. Any supervisor or department head who receives a harassment, discrimination, retaliation, or bullying complaint is to immediately notify the Director of Human Resources.
E. Upon notification of a harassment, discrimination, retaliation or bullying complaint, the Director of Human Resources will:
1. Inform the complainant of his or her right to initiate the complaint.
2. Authorize the investigation of the complaint and supervise a fair and thorough investigation of the complaint by impartial and qualified personnel and/or investigate the complaint.
3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witness. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation.
B.P.M.U. COMPENSATION PLAN
4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation.
5. Review factual information gathered through the investigation to reach a reasonable conclusion to determine whether the alleged conduct constitutes harassment, discrimination, retaliation, or bullying giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance, and the context in which the alleged incidents occurred.
6. Timely report a summary of the results of the investigation and the determination as to whether harassment, discrimination, retaliation or bullying occurred to the appropriate person including complainant, alleged harasser, supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.
7. If conduct in violation of this Policy occurred, take and/or recommend to the department head prompt and effective remedial action against the harasser.
The remedial action will be commensurate with the severity of the offense.
Notify the victim that necessary steps of corrective action have been taken to resolve the problem.
8. Reasonable steps will be taken to protect the victim and other potential victims from further harassment, discrimination, retaliation, or bullying.
9. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint.
F. The city takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, retaliation or bullying may be occurring, regardless of whether the recipient or third party reports a potential violation.
G. Option to report to outside administrative agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal and a complaint process. The nearest offices and telephone numbers are listed on the posters that are located on City bulletin boards at the following locations:
• Human Resources Office
• Community Center
• Police Department
• City Yard
B.P.M.U. COMPENSATION PLAN
• Ehlers Event Center
• Stage Stop Hotel
VII. CONFIDENTIALITY
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. However, complete confidentiality cannot occur due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
VIII. RESPONSIBILITIES
Elected Officials, Appointed Officials, Managers, and Supervisors are responsible for:
1. Modeling appropriate and respectful behavior.
2. Informing employees, volunteers, and contractors of this Policy.
3. Taking all steps necessary to prevent harassment, discrimination, retaliation or bullying from occurring.
4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language and behavior.
6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment, discrimination, retaliation or bullying of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. Assisting, advising, or consulting with employees and the Director of Human Resources regarding this Policy and Complaint Procedure.
9. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the City’s Personnel Rules and Regulations, up to and including termination.
B.P.M.U. COMPENSATION PLAN
10.Implementing appropriate disciplinary and remedial actions.
11.Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Director of Human Resources or the department head.
12.Participating in periodic training and scheduling employees for training.
Each employee or contractor is responsible for:
1. Modeling appropriate and respectful behavior.
2. Treating all employees, volunteers, and contractors with respect and consideration.
3. Participating in periodic training.
4. Fully cooperating with the City’s investigations by responding fully and truthfully to all questions posed during the investigation.
5. Maintaining the confidentiality of any investigation that the City conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or Director of Human Resources.
6. Reporting any act he or she believes in good faith constitutes, harassment, discrimination, retaliation or bullying as defined in this Policy, to his or her immediate supervisor, or department head, or Director of Human Resources.
IX. MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from bullying, harassment, and discrimination, the City requires that all of its supervisors and elected officials receive training on this Policy at least once every two years.
Human Resources will schedule multiple training sessions in the Spring biennially to ensure that employees and elected officials are able to attend the mandatory training. Attendance at the training will be documented.
X. DISSEMINATION OF POLICY
All Elected Officials and City employees, supervisors and managers shall receive a copy of this Policy. All management personnel will be informed of their responsibilities in enforcing this policy. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy.
This Policy shall be posted in appropriate places.
B.P.M.U. COMPENSATION PLAN
EXHIBIT E – ADVISORY ARBITRATION
With respect to the bargaining members in this unit, City Council Resolution 1883, Rule XVI shall be amended as follows:
Section 2: Disciplinary Procedures
(h) Appeal to City Manager: The employee, upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head’s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee’s receipt of notice of the imposition of discipline.
Otherwise, the Department Head’s action shall be final and binding.
Should the employee desire to appeal the Department Head’s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding. …
(j) Advisory Arbitration: The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head’s action, shall have the right to appeal the City Manager’s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee’s receipt of notice of the City Manager’s action. Otherwise, the City Manager’s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI.
Section 5: Advisory Arbitration
(a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action. (b) The employee’s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected from a list of advisory arbitrators from the California State Mediation and Conciliation Service (SMCS). The City will pay SMCS’s fee for providing the list.
B.P.M.U. COMPENSATION PLAN
(c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney. (d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.
(e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request. (f) The expenses for the hearing officer shall be borne equally by the City and the employee, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the employee is $2,000. (g) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employee within thirty (30) calendar days, or a longer period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same. (h) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
(i) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him/her to testify, and to rebut the evidence against him/her.
(j) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now B.P.M.U. COMPENSATION PLAN
or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(k) The City Council shall review the hearing officer’s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision which adopts the hearing officer’s recommendation, the City Council may order and read the transcript, at the Council’s discretion. Prior to making a decision which modifies or rejects the hearing officer’s recommendation, the City Council shall order and read the transcript of the Board hearing.
(l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision. (m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section 1094.5. (n) The City staff shall notify the appellant in writing, within five working days of the City Council’s decision. Such notice shall indicate the effective date of the action to be taken.
June 24, 2025
NEW BUSINESS
Item No. 5G.
City Council Agenda Report
AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BUENA PARK AND POLICE CHIEF FRANK E. NUNES
PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager
RECOMMENDED ACTION
1) Approve an Amended and Restated Employment Agreement between the City of Buena Park and Police Chief Frank E. Nunes; and, 2) Authorize the City Manager and City Clerk to execute the agreement.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
On June 24, 2025, the City Council took action on a cost-of-living adjustment for general management employees in the amount of five percent plus a three percent market adjustment effective July 5, 2025, and an additional five percent effective July 4, 2026. The City Manager and the Police Chief entered into discussions to amend and restate the employment agreement to continue service in support of the City. The City Manager and Police Chief desire to extend the agreement, set the Police Chief’s base compensation through July 2, 2027, and apply to the Police Chief similar fringe benefit adjustments provided to the executive management and police management employees for the 2025-2027 fiscal years.
In an effort to maintain internal equity and improve pay compression concerns with subordinate employees, the City Manager and the Police Chief have agreed to provide the Chief with a similar Retiree Medical Account (RMA) as outlined in the Police Management Association MOU and convert sick leave balances over 480 hours to a RMA at the employee’s base pay rate at retirement, except as outlined in the attached Employment Agreement.
BUDGET IMPACT
The salary increase will be included within the proposed FY 2025-2027 Budget. No additional funding is requested.
These changes comply with the authorization provided by the City Council.
Attachments
police chief Nunes agreement 2025-27 (Amended and Restated 06.24.25).pdf 1 AMENDED AND RESTATED POLICE CHIEF EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF BUENA PARK AND FRANK NUNES
This Amended and Restated Employment Agreement (hereinafter referred to as “Agreement”) is made and entered into by and between the CITY OF BUENA PARK, a municipal corporation (hereinafter referred to as “City”) and FRANK NUNES, an individual (hereinafter referred to as “Chief”). At times herein the City and Chief are jointly referred to as the “Parties.”
WITNESSETH
A. Recitals.
(i) It is the desire of the City Manager of City to retain Chief as its Police Chief of the Buena Park Police Department and to provide certain benefits and establish certain conditions of employment and set working conditions of the Chief.
(ii) Chief desires to retain employment as Police Chief of the Buena Park Police Department and is willing to do so on the terms and conditions set forth hereinafter.
(iii) City and Chief wish to enter into this Amended and Restated Agreement that sets forth the rights and obligations of the Parties and that will supersede all prior negotiations, discussions, or agreements.
B. Agreement.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
2 1. Commencing July 5, 2025, and until this Agreement is terminated by either party as described herein, City does hereby employ Chief as Police Chief for the Buena Park Police Department, and Chief does hereby agree to be employed as and to discharge the duties and obligations of that position in accordance with the related provisions of the Buena Park Municipal Code, all Ordinances and Resolutions of the City, and applicable provisions of state and federal law and regulations.
2. Chief shall devote his full energies, interest, abilities and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests.
Chief shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with Chief’s duties and responsibilities to City. Chief shall obtain prior authorization from the City Manager for any outside employment, consulting, teaching or enterprise.
3. In consideration thereof, City shall pay Chief a salary as reflected in the table below at the beginning of the pay period that includes the effective date. The salary may be prorated and paid on City’s normal paydays, subject to legally permissible or required withholding. Employee’s salary is compensation for all hours worked and for all services under this Agreement and includes consideration for the cost of living adjustment effective July 5, 2025, and July 4, 2026, for all employee associations. Chief shall be exempt from the overtime pay provisions of California law (if any) and federal law:
(a) Chief’s salary:
3 EFFECTIVE DATE BASE SALARY
(Monthly)
BASE SALARY
(Annually)
7/5/2025 $23,112 $277,347.20
7/4/2026 $24,267 $291,200.00
(b) Chief’s base salary shall be adjusted for cost of living adjustments (COLA) whenever it is granted to the City’s executive management unit. (c) In addition to the base salary as set forth above in this Agreement, Chief shall receive all fringe benefits provided under the Police Management Association Memorandum of Understanding (MOU), except as expressly modified in subsection (d) and (e) below. Chief shall be entitled to retirement health benefits at the same level as Police Management personnel hired before July 1, 1999.
(d) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee shall receive an additional three percent of base salary.
b. Educational Incentive: Master’s Degree - Employee shall receive an additional ten percent of base salary.
(e) City shall provide Chief with the Retiree Medical Account (RMA) as outlined in the Police Management Association MOU, except as follows:
1. Chief may bank accrued sick leave upon Retirement (Service or Disability Retirement) from City service into an RMA to defer out of pocket expenses for medical premium payments under the City’s group insurance program.
2. Chief must have a minimum of 480 hours of sick time on the books at the time of retirement;
4 3. For the purpose of determining eligibility for participation in the RMA program, the number of unused accrued sick leave hours will be calculated in the following manner:
The City will convert sick leave balances over 480 hours to a RMA at the employee’s base hourly rate at retirement. This rate is fixed and will not increase over time. These monies can be used for medical-only premium amounts not covered by the City’s existing contribution to the retirement medical program.
4. The balance of sick leave hours will be converted on the following basis:
480 - 1000 hours - 60% of the value of all unused sick leave based on the employee’s base rate at
retirement.
1000 - 1500 hours - 80% of the value of all unused sick leave based on the employee’s base rate at
retirement.
1500 - 1750 hours - 100% of the value of all unused sick leave based on the employee’s base rate at
retirement.
5. The RMA is not subject to bearing interest. No lump sum cash payouts will be offered on the remaining balance of unused sick leave.
6. The amount of unused sick leave placed into the RMA will be converted into cash at the employee’s base rate at the time of retirement, and used to offset/defer costs associated with medical premium rates;
7. In the event the RMA has funds remaining at the time a retired employee dies, the spouse will continue to receive the benefit, in accordance with and under the terms of this program, until his/her death or until no funds remain.
8. The City Manager reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Any determinations made in hearing a dispute will be made on a 5 case by case basis, and will not be determined to be a past practice or official policy of the City.
9. Sick leave may continue to accrue without limit. However, the maximum Chief may bank upon retirement for the RMA is limited to 1,750 hours, as described above.
f) City shall provide Chief the use of a City-owned vehicle for personal and business use. City shall provide all maintenance, repairs, fuel, and insurance necessary for operation of said vehicle.
g) The Chief shall continue to pay the full nine percent (9%) cost of the CalPERS member contribution.
h) Chief shall take no more than ten (10) working days of vacation or leave at any given time without written approval by the City Manager. If the Chief requires more leave time than ten (10) working days, CHIEF shall provide City Manager with a minimum of 4 months prior notice.
i) Chief may not assign this Agreement in whole or in part. j) City may terminate this Agreement at any time without cause. Should City so terminate this Agreement it shall do so on thirty (30) days prior written notice to Chief and shall pay Chief a lump sum cash severance payment equal to four (4) months base salary.
k) If City terminates this Agreement (thereby terminating Employee’s Employment) with cause, Employee shall not be entitled to any severance. As used in this agreement, cause shall mean any of the following:
(a) Conviction of a felony;
6 (b) Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law;
(c) Willful abandonment of duties;
(d) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body or persistent and willful violation of properly established rules and procedures; and
(e) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, or is detrimental to employee safety or public safety.
l) In the event Chief voluntarily resigns his position with City, Chief shall give to City sixty (60) days written notice in advance, unless the parties agree otherwise.
Nothing in this Agreement, however, shall prevent, limit, or otherwise interfere with the right of Chief to resign at any time from his position with City subject only to this provision. m) City shall defend, hold harmless and indemnify Chief against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Chief’s duties and will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered there from to the extent specified in the California Government Code.
7 n) No amendments to this Agreement may be made except by a writing signed and dated by City and Chief.
o) If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. p) Chief acknowledges that he has had the opportunity and has conducted an independent review of the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the dates set forth below opposite the name of each such party.
CITY OF BUENA PARK
Date: _____________ By: ____________________________
Aaron France, City Manager
POLICE CHIEF
Date: ______________ By: ____________________________
Frank E. Nunes, Police Chief
ATTEST:
8 __________________________ (Seal)
Adria M. Jimenez, City Clerk
June 24, 2025
NEW BUSINESS
Item No. 5H.
City Council Agenda Report
AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BUENA PARK AND DIRECTOR OF GOVERNMENT AND COMMUNITY RELATIONS/CITY CLERK ADRIA M. JIMENEZ
PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager
RECOMMENDED ACTION
1) Approve an amended and restated employment agreement between the City of Buena Park and Director of Government and Community Relations/City Clerk Adria M. Jimenez; and, 2) Authorize the Mayor and City Clerk to execute the agreement.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
On June 24, 2025, the City Council took action on a cost of living adjustment for general management employees in the amount of five percent (5%) plus a three percent (3%) market adjustment effective July 5, 2025, and an additional five percent (5%) effective July 4, 2026. The City Council and the Director of Government and Community Relations/City Clerk entered into discussions to amend and restate the employment agreement to continue service in support of the City. The City Council and Director of Government and Community Relations/City Clerk desire to extend the agreement, set the Director’s base compensation through July 2, 2027, and apply to the Director similar fringe benefit adjustments provided to the executive management employees for Fiscal Years 2025-26 and 2026-27.
In addition, the City Council desires to clarify that the Director is to receive the same fringe benefits provided to other full-time management employees of the City, as provided in the City’s Compensation Plan for management and executive unit employees and which includes provisions for Longevity Pay and Educational Incentive Allowance.
BUDGET IMPACT
The salary increase is included within the proposed FY 2025-2027 Budget. No additional funding is requested.
These changes comply with the authorization previously provided by the City Council.
Attachments
City Clerk Jimenez agreement 2023-27 (Amended and Restated 06.24.25) Final.pdf MGMT MOU 2025.06 Final Draft.pdf
AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR DIRECTOR OF
GOVERNMENT AND COMMUNITY RELATIONS (CITY CLERK) BETWEEN THE CITY OF BUENA PARK AND ADRIA M. JIMENEZ
This Amended and Restated Employment Agreement (“Agreement”) is made and entered into as of June 24, 2025, by and between the City of Buena Park, a California municipal corporation (“City” or “Employer”), and Adria M. Jimenez, an individual (“Employee”).
R E C I T A L S
A. Employee has been continuously employed by the City since June 5, 2017, with Employee being employed in the capacity of City Clerk between her date of hire and June 24, 2023, and with Employee being employed in her current capacity as Director of Government and Community Relations (City Clerk).
B. Employee has demonstrated that she has the requisite specialized skills, training, certifications, licenses, and authorizations and is otherwise qualified to serve as Director of Government and Community Relations (City Clerk).
C. City desires to change the Job Classification Specification title and to retain the services of Adria M. Jimenez as Director of Government and Community Relations (City Clerk) since June 24, 2023.
D. City and Employee wish to enter into an amended and restated employment agreement that sets forth the rights and obligations of the parties, and to clarify that, in her capacity as Director of Government and Community Relations, Employee is to receive the same fringe benefits provided to other full-time management employees of City, as provided in the City’s Compensation Plan for management employees and which includes provisions for Longevity Pay and Educational Incentive Allowance.
E. This Agreement will supersede all prior negotiations, discussions, or agreements between City and Employee.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows:
1. TERM OF EMPLOYMENT. The term of this Agreement shall be deemed to have commenced on June 24, 2023, and shall remain in effect unless sooner terminated as provided in this Agreement.
2. DUTIES AND AUTHORITY. Employee shall exercise the full powers and perform the duties of: (a) the Office of City Clerk, as such role is described in the Buena Park City Code and applicable rules, regulations, and procedures; and (b) of the Director of Government and Community Relations (City Clerk), as such role is described by local rules, regulations, and procedures. Employee shall additionally exercise such other powers and perform such other duties as City, by the City Council, may assign. Employee shall exercise such authority and perform such duties in accordance with all applicable local, state, or federal laws, as each currently or may in the future exist.
3. EMPLOYEE'S OBLIGATIONS. Employee shall devote her full energies, interest, abilities and productive time to the performance of this Agreement, and utilize her best efforts to promote City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with her duties and responsibilities to City. Employee shall obtain prior authorization from the City Council for any outside employment, consulting, teaching, or enterprise.
4. SALARY AND BENEFITS.
A. Base Salary.
(1) Base Salary Schedule. From the effective date of this Agreement, City shall pay Employee an annual salary as reflected in the table below, consistent with the Management Compensation Plan, at the beginning of the pay period that includes the effective date. The annual salary will be prorated and paid on City’s normal paydays, subject to legally permissible or required withholdings. Employee’s salary is compensation for all hours worked and for all services under this Agreement and includes consideration for the cost of living adjustments effective June 24, 2023, June 22, 2024, July 5, 2025, and July 4, 2026, for management employees. Employee shall be exempt from the overtime pay provisions of California law (if any) and federal law.
Effective Date Annual Salary Monthly Equivalent
6/24/2023 $200,616.00 $16,718
6/22/2024 $221,166.40 $18,431
6/21/2025 $232,232.00 $19,353
07/05/2025 $252,366.40 $21,031
07/04/2026 $264,992.00 $22,083
(2) The position of Director of Government and Community Relations shall be designated as a direct appointment by the City Council. As such, this position shall serve at the pleasure of the City Council and report directly to it. In recognition of the unique responsibilities and direct accountability to the City Council, the Director of Government and Community Relations shall receive a monthly salary supplement in the amount of one hundred dollars ($100.00) above the base compensation provided to other executive-level employees of the City. This differential acknowledges the special nature of the appointment and the role’s strategic importance in managing governmental and community affairs on behalf of the City Council and is included in the base salary schedule listed above.
(3) Management Salary Adjustments. Employee shall receive future general cost of living adjustments and other salary and benefit adjustments granted for other management employees only as made expressly applicable to Employee by action of the City Council. Employee shall be subject to any wage or salary concession generally applicable to management employees of City only if expressly applicable to Employee by action of the City Council or as agreed to by Employee. Salary concessions include salary reductions, furloughs or any other wage concession generally applicable to management employees.
B. Employment Benefits.
(1) Fringe Benefit Package. In addition to base salary and except as expressly provided in this Agreement, Employee shall receive the same fringe benefits currently provided to other full-time management employees of City, as provided in the City’s Compensation Plan for management and executive unit employees that is in effect as of the effective date of this Agreement and attached in Exhibit “A” hereto. Such fringe benefits shall be subject to the terms and conditions of the applicable plan, policy or other controlling documents. In the event a benefit has different terms for executive management and any other group of management employees, the executive management benefit shall apply to Employee.
(2) Incentive Pays: Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee shall receive longevity pay at the same rate that is granted to other management employees.
b. Education Incentive: Employee shall receive education incentive pay at the same rate that is granted to other management employees.
(3) CalPERS Employee Contributions. Contrary terms of the Compensation Plan for management employees notwithstanding, Employee shall pay the entire employee contribution under the City’s Public Employees’ Retirement System (CalPERS) plan for miscellaneous employees. In the event City implements wage or salary concessions that are in-lieu of a requirement for management employees to pay some or all of the employee contributions, Employee will not be subject to such wage or salary concessions and contrary terms of Section 4, Paragraph A(2), above, shall not apply. This paragraph has no effect on provisions of the Compensation Plan for management employees requiring employees to pay a portion of the CalPERS employer contribution.
(4) Vacation and Management Leave Additional Terms. Employee shall earn vacation and sick leave each month as if the Employee has five years or more of service. Employee may accrue vacation leave up to a maximum of that earned in two years. Once Employee reaches the maximum accrual limit, Employee shall earn no additional vacation until her accrued balance falls below the maximum accrual limit. Upon termination of employment (including retirement) Employee shall receive cash payment for all accrued and unused vacation, not to exceed the maximum accrual limit. (The base hourly rate for purposes of the cash payment at termination shall be determined in the manner City normally uses at that time to convert salary amounts to an hourly rate.) Any contrary terms of the Compensation Plan for management employees notwithstanding, Employee shall not be eligible for management or executive management leave beyond the basic grant of 60 hours per fiscal year given to all management employees. (5) Vacation and Sick Leave Scheduling. Employee may schedule and use vacation time at her discretion, with due regard for the demands of her position and the needs of the City. Employee shall notify the City Council in writing before taking more than five consecutive working days of vacation time, pre-scheduled sick leave, or otherwise being voluntarily absent from work for such period. Any requirement for department head or City Manager approval stated in the vacation or sick leave programs are not applicable to Employee.
(6) Cellular Phone. City shall provide Employee with a cellular telephone and service plan for both personal and professional use. The cell phone and service plan may be changed in the future in the same manner as is applicable to other management employees receiving City provided cell phones and plans. (7) Expenses. City recognizes that Employee may incur certain expenses of a non-personal and job related nature. City agrees to reimburse or to pay such business expenses, which are incurred and submitted according to City’s normal expense reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within time limits established by City.
(8) Bonding. City shall bear the full costs of any fidelity or other bonds required of Employee (if any) under any law or ordinance by virtue of her employment as City Clerk.
5. EVALUATIONS. Employee shall report to and may be evaluated by the City Council. Employee’s performance shall be reviewed every twelve (12) months.
Employee will request and schedule such reviews, as appropriate pursuant to City agenda procedures or as otherwise directed by City Council. Nothing in this paragraph is intended to limit additional interim evaluations or review or to limit the normal communications process between the City Council and Employee.
6. INDEMNIFICATION. Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995.2 through 995.8, the City will defend and pay any costs and judgments assessed against Employee arising out of an act or omission by Employee occurring in the course and scope of Employee's performance of her duties under this Agreement.
However, in the event City provides funds for legal criminal defense pursuant to this section and terms of the Government Code, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 – 53243.4.
7. AT-WILL EMPLOYMENT RELATIONSHIP.
A. Consistent with California Government Code Section 36506, Employee is appointed by and serves during the pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate this Agreement and the employment of Employee, with or without cause; provided however that City shall take no action to terminate services of Employee within ninety (90) days after an election at which members are elected to the City Council. City shall pay Employee for all services through the effective date of termination and Employee shall have no right to any additional compensation or payment, except for payment of benefits as provided under Section 4 accrued prior to the effective date of termination and severance payments as provided under Section 8 below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign or retire from her employment with City (terminating this Agreement), subject only to Employee providing thirty (30) calendar days prior written notice to Employer.
8. SEVERANCE.
A. If Employer terminates this Agreement (thereby terminating Employee’s Employment), without cause, it shall do so upon thirty (30) days prior written notice to Employee and Employer shall pay Employee a lump sum severance benefit calculated as provided in this paragraph. On the effective date of this Agreement, the lump sum severance shall be equal to four (4) months of Employee’s then applicable base salary.
The applicable base salary shall be Employee’s base salary in effect on the effective date of termination.
B. If City terminates this Agreement (thereby terminating Employee’s Employment), with cause, Employee shall not be entitled to any severance. As used in this Agreement, cause shall mean any of the following:
(1) Conviction of a felony;
(2) Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law; (3) Willful abandonment of duties;
(4) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent and willful violation of properly established rules and procedures; and
(5) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, or is detrimental to employee safety or public safety.
C. If Employee terminates this Agreement as provided in Section 7.B above, (thereby terminating all of Employee’s Employment), Employee shall not be entitled to any severance.
D. Any other term of this Agreement notwithstanding, the maximum severance that Employee may receive under this Agreement shall not exceed the limitations provided in Government Code Sections 53260 – 53264, or other applicable law. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 – 53243.4.
9. INTEGRATION OF AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee’s employment with the City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.
10. METHOD OF AMENDMENT. No amendments to this Agreement may be made except by a writing signed and dated by City and Employee.
11. NOTICES. Any notice to City under this Agreement shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City Manager at the City's then principal place of business. A courtesy copy shall be given to the City Attorney in a like manner. Any such notice to Employee shall be given in a like manner and, if mailed, shall be addressed to Employee at her home address then shown in City's files. For the purpose of determining compliance with any time limit in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the third calendar day after mailing, if mailed to the party to whom the notice is to be given in the manner provided in this Article.
12. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
B. This Agreement sets forth the final, complete, and exclusive agreement between City and Employee relating to the employment of Employee as City Clerk by City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, her employment is subject to City’s generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace.
C. This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances and Resolutions.
D. Employee acknowledges that she has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement.
Employee acknowledges that she has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
EMPLOYEE
______________________________
ADRIA M. JIMENEZ
CITY
By:_______________________________
JOYCE AHN, MAYOR
CITY OF BUENA PARK
ATTEST:
__________________________ (Seal)
Anna Almquist, CMC
Assistant City Clerk
July 5, 2025 – July 2, 2027
CITY OF BUENA PARK
MANAGEMENT UNIT
COMPENSATION PLAN
NO. 25-27
ADOPTED___ RESOLUTION NO. ___
COMPENSATION PLAN
BUENA PARK MANAGEMENT UNIT
SECTION 1 – TERM 1
PAY
SECTION 2 – ASSIGNMENT OF CLASSES TO PAY RANGES 1
SECTION 3 – SALARY SCHEDULE AND INCREASES 1
SECTION 4 – BILINGUAL PAY 1
SECTION 5 – LONGEVITY PAY 2
SECTION 6 – COMMERCIAL VEHICLE OPERATOR LICENSE 2
SECTION 7 – EDUCATION PROGRAM 2
SECTION 8 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT PROGRAM 4 SECTION 9 – SAFETY SHOES 4
SECTION 10 – UNIFORM ALLOWANCE 5
SECTION 11 – CELL PHONE ALLOWANCE 5
SECTION 12 – VEHICLE ALLOWANCE 6
SECTION 13 – MILEAGE 6
SECTION 14 – CHILD CARE REIMBURSEMENT PROGRAM 6
RETIREMENT
SECTION 15 – PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) 7 SECTION 16 – SOCIAL SECURITY 8
SECTION 17 – MEDICARE 9
SECTION 18 – MEDICAL INSURANCE 9
SECTION 19 – DENTAL INSURANCE 12
SECTION 20 – VISION INSURANCE 13
SECTION 21 – LONG TERM DISABILITY INSURANCE 13
SECTION 22 – LIFE INSURANCE 13
SECTION 23 – CAFETERIA PLAN 14
SECTION 24 – ADMINISTRATION 14
LEAVES
SECTION 25 – HOLIDAYS 15
SECTION 26 – VACATION LEAVE 16
SECTION 27 – MANAGEMENT LEAVE 18
SECTION 28 – SICK LEAVE 18
SECTION 29 – BEREAVEMENT LEAVE 21
SECTION 30 – WORKERS COMPENSATION 22
SECTION 31 – JURY DUTY 22
SECTION 32 – OTHER LEAVES 22
SECTION 33 – PAY PERIODS 24
WORKING CONDITIONS
SECTION 34 – HOURS OF WORK AND SCHEDULES 24
SECTION 35 – SUBSTANCE ABUSE– DRUG POLICY 25
SECTION 36 – GRIEVANCE PROCEDURE 26
SECTION 37 – ADVISORY ARBITRATION 27
SECTION 38 – ANNUAL PHYSICAL EXAMINATION 27
SECTION 39 – SEVERANCE 27
SECTION 40 – CITY COUNCIL BENEFITS 27
EXHIBITS
EXHIBIT A – MANAGEMENT SALARY SCHEDULE 28
EXHIBIT B – COMPENSATION PLAN 31
EXHIBIT C – HIRING OF EMPLOYEE RELATIVES 37
EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY 39
EXHIBIT E – ADVISORY ARBITRATION 47
B.P.M.U. COMPENSATION PLAN
SECTION 1 – TERM
This Compensation Plan shall be effective as of midnight on July 5, 2025.
PAY
SECTION 2 – ASSIGNMENT OF CLASSES TO PAY RANGES
Each classification is assigned to a pay range as shown in Exhibit A.
SECTION 3 – SALARY SCHEDULE AND INCREASES
A. The schedule of base pay rates is contained in Exhibit A.
B. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 5, 2025.
C. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 4, 2026.
In an effort to address recruitment and retention of hard-to-fill Management and Executive classifications:
D. All classifications in Exhibit A – Salary Schedule shall add a new Step 6 that is 3% above the current Step 5 within the pay schedule effective July 5, 2025. * * Note: Employees at Step 5 for 12 months or more shall immediately progress to Step 6.
Other employees will move to Step 6 according to normal step progression and the annual performance evaluation process.
“Me Too” Clause: If during the effective period of this agreement, the City Employees Association receives a salary adjustment increase in a greater amount than the terms included in this agreement, the employees in this unit shall receive the same salary adjustment increase at the same time.
SECTION 4 – BILINGUAL PAY
Level I – Basic Bilingual Skills Pay – With City Manager or designee approval, an employee shall receive an additional $50 per month if the following conditions are met:
A. The employee passes a qualifying examination administered by Human Resources.
B. The employee uses bilingual skills as required by the City.
Level II – Advanced Bilingual Skills Pay – With City Manager or designee approval, an employee shall receive an additional $165 per month if the following conditions are met:
B.P.M.U. COMPENSATION PLAN
A. The employee passes an advanced-level interpretation skills-based examination administered by Human Resources to demonstrate competency in American Sign Language, Korean, or Spanish only.
B. The employee must be expected to translate and interpret a wide variety of difficult, sensitive, and highly-complex written and spoken Citywide communications, including materials and matters of a highly sensitive or technical nature and with a high consequence of error in English and American Sign Language, Korean, or Spanish.
C. The employee may be expected to perform these services at City Council Meetings, Town Hall or Community Meetings, or with special dignitaries (i.e. Sister City program) as needed.
SECTION 5 – LONGEVITY PAY
The City agrees to implement a longevity pay program to be administered in the following manner:
A. An employee with 12-19 years of current continuous City service shall receive an additional two (2) percent of base salary.
B. An employee with 20 years or more of current continuous City service shall receive an additional three (3) percent of base salary.
SECTION 6 – COMMERCIAL VEHICLE OPERATOR LICENSE
In the best interest of the City, as determined by the Director of Human Resources, an employee who has a State of California commercial vehicle operator license shall receive an additional $75 per month for Class B and $150 per month for Class A licenses. Such employees are subject to the provisions of the City’s Drug and Alcohol policy, which includes, but is not limited to, post-accident testing, random testing, reasonable suspicion testing, and return-to-duty/follow-up testing.
SECTION 7 – EDUCATION PROGRAM
A. REIMBURSEMENT. An employee who is pre-approved by the department head to attend a specified, off-duty education course shall receive reimbursement for certain expenses.
An approved education course is defined as off-duty instruction that will be mutually and immediately beneficial to the employee and the City.
1. Prior to enrolling in the class, an employee desiring reimbursement for expenses shall acquire the department head’s approval as to course content and its relationship to the employee’s City employment. On completion of the course, with a grade of “C” or better, the employee shall submit a “Request for Educational B.P.M.U. COMPENSATION PLAN
Reimbursement” form to the department head along with a copy of the official transcripts and receipts for the total cost of the course.
Effective January 1, 2024, on approval by Human Resources and Finance, the employee shall then be reimbursed a maximum of $5,000 per calendar year for tuition, transportation costs where appropriate, registration fees, and related expenses necessary for completion of the course. The cost of books required for the course shall be reimbursed at actual cost; this reimbursement is not part of the $5,000 maximum described above.
2. Reimbursement will only be given for coursework completed within the current calendar year (January 1 – December 31). The difference between the City’s maximum obligation during any calendar year and the total amount of actual reimbursement received by the employee during that calendar year shall not be carried over or be available for use by the employee in any subsequent year.
3. A copy of the official transcript shall be forwarded to the Human Resources Office for retention in the employee’s education file.
B. EDUCATION LOAN PROGRAM. The City will make available an interest-free loan program for employees who desire financial assistance with tuition, books enrollment fees, administration fees and related expenses. The annual maximum amount of each loan, shall be:
1. Undergraduate degree candidates may borrow up to the University of California (U.C.) rates for undergraduate tuition (currently up to $11,220 per school year).
2. Graduate degree candidates may borrow up to the U.C. rates for graduate school tuition (currently up to $14,960 per school year).
Employees must provide proof of admission, proof of enrollment, and proof of registration at the time of loan request.
Education loans shall be repaid via no more than 26 biweekly payroll deductions which shall commence following approval of the loan. Only one education loan per employee may be in place at any time.
An employee utilizing this program is eligible for the City’s education reimbursement program, subject to the provisions set forth in this Section.
C. EDUCATIONAL INCENTIVE ALLOWANCE. An employee with a job-related (as determined by the City) degree or certificate from an accredited educational institution shall receive an additional allowance as follows:
• Associate of Arts Degree $100 per month
B.P.M.U. COMPENSATION PLAN
• Bachelor of Arts Degree $150 per month
• Master’s or Ph.D. Degree $200 per month
Special Certificates:
• 10 or more semester units $30 per month
• 20 or more semester units $60 per month
No employee may receive more than one Educational Incentive benefit at one time.
SECTION 8 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT PROGRAM All Management unit employees, after successful completion of their initial probationary period, shall be reimbursed up to a maximum of five hundred dollars ($500) per calendar year for professional and personal development on a prorated basis.
As determined by the Director of Human Resources, approved professional development expenditures may include costs incurred for job-related in-state or out-of-state classes, events, or seminars not paid for by the City; job-related software, books, reference publications, or other educational materials; or job-related professional organizations which promote the health and professional development of the Unit member and promote the best interests of the City.
SECTION 9 – SAFETY SHOES
A. The City shall provide a safety shoe program for employees who perform significant fieldwork as part of their normal and customary job duties.
B. The City shall pay up to $60.00 every two years, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications:
• Assistant City Engineer
• Associate Engineer
• Associate Plan Check Engineer
• Building and Safety Manager
• Operations Manager
• Planning Manager
• Principal Engineer
• Principal Plan Check Engineer
C. The City shall pay up to $250.00 on a per fiscal year, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of B.P.M.U. COMPENSATION PLAN
Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications:
• Code Enforcement Supervisor
• Facilities Maintenance Supervisor
• Fleet Maintenance Superintendent
• Fleet Maintenance Supervisor
• Sewer Services Superintendent
D. The City shall pay up to $250.00 every two years, through a direct purchase from the City selected vendor, for safety shoes which comply with the current California Office of Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications:
• Facilities and Parks Maintenance Superintendent
• Street Maintenance Superintendent
• Water Services Superintendent
E. An employee who purchases safety shoes through this program shall wear such safety shoes while working outside of an office environment, in compliance with Cal/OSHA regulation, Title 8, Section 3385. The City Manager and/or his designee shall have discretion as to the need and necessity of the safety shoe purchase.
SECTION 10 – UNIFORM ALLOWANCE
A. The City shall provide a work uniform to an employee who is required to wear a uniform by the department head and shall provide a City-paid cleaning service for such uniforms.
B. The City agrees to continue to provide uniform cleaning service for employees who currently receive it.
C. The monetary value for such purchase, rental, and maintenance of the required clothing which is a ready substitute for personal attire (uniform) shall be reported to the California Public Employees’ Retirement System (CalPERS) as compensation as required by law. The annual retirement contribution shall be based on the stated amounts for the term of the Compensation Plan listed in Section 15 Public Employees’ Retirement System. Any additional tax liabilities are borne solely by the employee.
SECTION 11 – CELL PHONE ALLOWANCE
The City shall provide a $50 per month stipend to management employees who have been authorized by their department head to use a personal cellular telephone or smartphone device for conducting official City business. The employee’s department head has full discretion to approve or deny a stipend request based on the expectation B.P.M.U. COMPENSATION PLAN
that the employee will use the personal cell phone for City business and that the employee will respond when called or texted.
SECTION 12 – VEHICLE ALLOWANCE
Incumbents of the following classifications shall receive $400 per month for the use of a personal vehicle on City business:
1. Assistant City Manager/Director of Human Resources
2. City Clerk
3. Director of Finance/City Treasurer
4. Director of Community Development
5. Director of Community Services
6. Director of Government and Community Relations (City Clerk) Each employee receiving this allowance shall have a personal vehicle at his/her work site each day he/she works, and shall use that vehicle on City business. For business trips more than 25 miles one-way from City Hall, the employee may use a City pool car or be reimbursed at the IRS rate for travel beyond the first 50 miles. An employee who uses rail transit for meetings or conferences (not commuting) shall be reimbursed for the cost of such transit.
City pool cars may be used in situations where a private vehicle may be endangered, e.g., fire, flood, or earthquake.
SECTION 13 – MILEAGE
An employee required to use a personal vehicle for City business shall be reimbursed at the rate allowed by the Internal Revenue Service.
SECTION 14 – CHILD CARE REIMBURSEMENT PROGRAM
A. Employees who have qualified dependent(s) between the ages of 0 and 5 (under 6) years old shall receive an additional $100 per month, per child, for child care assistance.
B. Qualifying dependents are natural born children, adopted children, step children, and/or parent-children relationship.
C. Child care reimbursement payments will not be considered compensation reportable to CalPERS or included in the calculation of the regular rate of overtime, benefits, or any other purpose.
B.P.M.U. COMPENSATION PLAN
RETIREMENT
SECTION 15 – PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) A. RETIREMENT PLAN. The City shall maintain its contract for a pension plan with the California Public Employees Retirement System (CalPERS), as originally adopted on March 1, 1964, and amended thereafter.
B. B. CONTRACT OPTIONS. The City’s contract with CalPERS shall include the following options:
Government Code Section
1. One Year Highest Compensation 20042
2. Military Service Credit as Public Service 21024
3. 2.5% at 55 – Full Formula 21354.4
4. Fourth Level of 1959 Survivor Benefit 21574
5. Pre-Retirement Optional Settlement 2 Death
Benefit
21548
C. SECOND TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after December 22, 2012, shall include the following options:
Government Code Section
1. Three Highest Years Compensation 20037
2. Military Service Credit as Public Service 21024
3. 2% at 60 – Full Formula 21353
4. Fourth Level of 1959 Survivor Benefit 21574
5. Pre-Retirement Optional Settlement 2 Death Benefit 21548 D. THIRD TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after January 1, 2013, shall include the following options:
Government Code Section
1. Three Highest Years Compensation 7522.32
2. Military Service Credit as Public Service 21024
3. 2% at 62 – Full Formula 7522.20
B.P.M.U. COMPENSATION PLAN
4. Fourth Level of 1959 Survivor Benefit 21574
5. Pre-Retirement Optional Settlement 2 Death Benefit 21548 E. CONTRIBUTIONS.
1. Employees hired before December 22, 2012, the full eight percent (8%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.
2. Employees hired on or after December 22, 2012, the full seven percent (7%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.
3. Employees hired on or after January 1, 2013, shall pay 50% of the normal cost rate for the benefit formula 2% at Age 62 via payroll deduction on a pre-tax basis (Government Code Section 7522.30).
4. 1959 Survivor Benefit. Each employee will pay the employee share required by CalPERS (currently $2.00 per month) and the City will pay the employer costs.
SECTION 16 – SOCIAL SECURITY
In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law shall be the responsibility of the employee, and shall be paid in full by the employee and the City shall not be obligated to pay or “pick-up” any portion thereof.
B.P.M.U. COMPENSATION PLAN
INSURANCE
SECTION 17 – MEDICARE
Employees hired by the City on or after April 1, 1986, shall pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or “pick-up” any such contribution.
SECTION 18 – MEDICAL INSURANCE
A. The City shall provide group medical insurance under the California Public Employees' Medical and Hospital Care Act (PEMHCA).
B. City Contribution. The City shall contribute the following monthly amounts for group medical insurance. Any additional contribution necessary to maintain group medical insurance shall be borne solely by the employee.
1. Persons Hired On or Before June 30, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,114
• Employee & One Dependent $1,708
• Employee & 2 + Dependents $2,240
For coverage effective: July 1, 2026
• Employee Only $1,164
• Employee & One Dependent $1,808
• Employee & 2 + Dependents $2,390
Retirees
• Retiree Only $160.00
• Retiree & 1 Dependent $308.00
• Retiree & 2 + Dependents $331.00
2. Persons Hired On or After July 1, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,114
• Employee & One Dependent $1,708
• Employee & 2 + Dependents $2,240
B.P.M.U. COMPENSATION PLAN
For coverage effective: July 1, 2026
• Employee Only $1,164
• Employee & One Dependent $1,808
• Employee & 2 + Dependents $2,390
Retirees
The City’s contribution for retirees who were hired on or after July 1, 1999 is determined by the California Public Employees Retirement System (CalPERS) in accordance with Section 22892 of the Public Employees’ Medical and Hospital Care Act (PEMHCA). The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2025: $158.00/month per retiree. • For coverage effective January 1, 2026: $162.00/month per retiree. • For coverage effective January 1, 2027: To be determined by CalPERS C. EXCESS MEDICAL. An employee who selects a health insurance plan which costs less than the City’s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City’s Cafeteria Plan, or receive a cash payout. For example, an employee with two or more dependents is entitled to a maximum monthly contribution of $2,240 per month. If he/she has a health insurance plan which costs $2,131.06 per month, the employee is entitled to $108.94 per month in excess medical.
D. WAIVER OF MEDICAL INSURANCE.
1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source.
The City may require proof of coverage at any time.
2. An eligible employee may elect to have the City’s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout. However, Council members who elect to waive the City’s health insurance must apply the City’s monthly contribution to his/her deferred compensation account.
The City Contributions shall be $839.00 per month.
E. SERVICE RETIREMENT ACCOUNT (SRA). In addition to the Contribution pursuant to the CalPERS Contract, employees hired on or after July 1, 1999, will be allowed to bank accrued sick leave time for use upon Retirement from Service, into a Service Retirement Account to defer out-of-pocket expenses for purchasing group medical B.P.M.U. COMPENSATION PLAN
insurance under the City’s program. The City will participate in the SRA by matching the employee contribution on a two-for-one (2:1) basis.
1. SRAs are not subject to fellow employee donations of sick leave or any other leave provisions. However, the SRA will be coordinated with the City’s Sick Leave Buyback program.
2. To be eligible, an employee must have a sick leave balance of at least 480 hours, and must maintain at least 480 hours of sick leave after making such deposit.
3. An eligible employee may place up to one-half of any unused portion of his/her annual sick leave accrual into the SRA, with the City matching contribution of twoto-one (2:1). This provision will be coordinated with the Sick Leave buyback provision, thereby limiting buyback and SRA deposits to one-half of any unused portion of their annual sick leave accrual.
4. The SRA is not subject to bearing interest. Eligible employee deposits and the City’s matching contributions are flat deposits.
5. Sick leave placed in the SRA will be converted into cash at the employee’s base pay rate and thus will no longer be available as sick leave once deposited in the SRA.
6. The donor employee shall have two options for withdrawal of funds from the SRA. a. At the option of the employee, upon retirement from service, the SRA will be paid at the then-hourly rate for the depositor. This shall include the employee contribution as well as the City’s matching portion, which will be used to offset/defer costs associated with purchasing group medical insurance plans during retirement.
b. The employee may, at any time, withdraw hours from the SRA to convert to cash, and will be paid at the base pay rate in effect when the original deposit was made. An employee making an early withdrawal from the SRA shall not be entitled to any of the City’s matching contribution, and shall lose that equal portion of the matching contribution as was withdrawn, i.e., two-to-one.
7. In the event that a participating employee separates from employment on other than a Retirement from Service (Service Retirement or Disability Retirement), the City shall payoff only the employee’s portion of the contributions made to the SRA, at the base pay rate for each deposit, and shall not be entitled to any of the City’s matching contribution.
8. In the event the SRA survives an active employee, or a retired employee, the City will pay off the balance of the employee’s contribution to the survivor of record.
Payment will be at the then-current base pay rate for the active employee and/or B.P.M.U. COMPENSATION PLAN
at the base pay rate of withdrawal for the retired employee, including the City’s matching contribution.
9. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Determinations shall be made in a manner that no employee shall lose his/her portion of the SRA and the City will not lose its portion of the matching contribution. Any determinations made in hearing a dispute to grant the City’s portion of the matching contribution will be made on a case-by-case basis, and will not be determined to be a past practice or official policy of the City.
Any person employed by the City prior to July 1, 1999, who is not currently a member of this unit of representation shall enjoy all benefits and rights of those employees hired prior to July 1, 1999, upon later occupying a position within this unit of representation.
10.Effective July 21, 2012, employees not currently enrolled in the SRA program are not eligible to enroll in this program. This program is closed to new enrollees.
SECTION 19 – DENTAL INSURANCE
A. The City shall continue to provide the current dental program for both employees and their eligible dependents under the age of 26.
B. Each employee is responsible for choosing one of the three plans listed below. In the event that no choice is made, the employee will be deemed to have chosen no dental insurance coverage.
C. Employees may switch plans only during the open enrollment period designated by the City.
D. PAYMENT OF PREMIUMS. Employees shall pay the amounts shown below. Any additional amount necessary to maintain group dental insurance shall be paid by the City.
1. 50/50 PLAN. The insurance carrier pays 50% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 50%.
Monthly
Employee Only $3.00
Employee & 1 Dependent $5.00
Employee & 2 + Dependents $7.50
2. 80/20 PLAN. The insurance carrier pays 80% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 20%.
B.P.M.U. COMPENSATION PLAN
Monthly
Employee Only $10.00
Employee & 1 Dependent $15.00
Employee & 2 + Dependents $20.00
3. HMO PLAN. The insurance carrier pays a portion of all services based on the fee schedule. Employees who enroll in this plan do not pay any monthly premium.
Each employee is responsible for any co-payment associated with this plan.
SECTION 20 – VISION INSURANCE
A. The City shall provide a vision insurance program for employees and their eligible dependents under the age of 26.
B. Each employee is responsible for enrolling in the plan. In the event that no choice is made, the employee will be deemed to have chosen no vision insurance coverage.
C. Effective January 1, 2026, the City shall contribute $6 monthly for group vision insurance. Any additional contribution necessary to maintain group vision insurance shall be borne solely by the employee.
SECTION 21 – LONG TERM DISABILITY INSURANCE
A. The City shall pay the entire premium for a City-owned long-term disability insurance policy affording coverage to each active employee.
B. The policy shall have a benefit waiting period of 60 calendar days of continuous disability. Any time after the expiration of the benefit waiting period, the employee may apply for this insurance and may use accrued leave pursuant to the City’s policy thereon.
C. The maximum benefit for total disability shall be 66 2/3 of the eligible employee’s basic monthly earnings as defined in the policy document, or $10,000 per month, whichever is less.
SECTION 22 – LIFE INSURANCE
A. The City shall provide group term life insurance (including accidental death and dismemberment) for each employee (either full-time or part-time) in the amount of one times (1x) the employee’s basic annual earnings to a maximum of $200,000. Each employee, at his/her own expense, may purchase additional life insurance from the insurer through the City. The City will provide group term life insurance (including accidental death and dismemberment) for each City Council member in the amount of $50,000.
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B. The City shall provide group term life insurance (including accidental death and dismemberment) in the amount of $1,500 for each employee’s:
1. legal spouse or registered domestic partner, and/or
2. children under the age of 26.
SECTION 23 – CAFETERIA PLAN
A. The City shall provide a full flexible Cafeteria Plan under IRS Code Section 125, to include Premium Only Conversion and Health Care Spending and Dependent Care Accounts.
B. The City and individual participants shall divide the cost of the third-party administration service fee. Service fees are to be paid only by employees enrolled in the Health Care Spending Account and/or Dependent Care Spending Account. There is no service fee for participants in the Premium Only Conversion plan. The service fee may be amended from time to time by the City and the third-party administrator.
The City will consult with employees prior to increasing any deduction from employees for any plan year.
C. The City will utilize any assets remaining in the plan at the end of each plan year to off-set service fees for employees enrolled in either the Health Care Spending Account and/or Dependent Care Spending Account. “Plan year” is as defined in the plan documents. This item is governed by the Cafeteria Plan documents as it relates to Plan Year. Asset utilization to off-set service fees shall be determined no later than June 30 of any subsequent year.
SECTION 24 – ADMINISTRATION
A. The City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this Compensation Plan, provided that the benefits of the employees shall be substantially the same prior to implementation of this Compensation Plan.
B. If, during the term of this Compensation Plan, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage.
C. All group insurance benefits shall be provided and calculated in accordance with the City’s contracts with insurance providers.
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LEAVES
SECTION 25 – HOLIDAYS
A. The following dates, and such other days or portion of days as may be designated by motion of the City Council, shall be observed as paid.
New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following 4th Thursday in November Day before Christmas December 24
Christmas Day December 25
B. In addition to the above, two floating holiday per fiscal year may be earned by MidManagement Group Employees (Executive Management Group Employees are not eligible). This floating holiday shall be designated by the employee and requires management approval, in advance, before it is taken. New hires must be employed for three months before becoming eligible for the floating holiday.
C. When a holiday occurs on a Saturday, the preceding Friday will be observed instead.
When a holiday occurs on a Sunday, the following Monday will be observed. When a holiday occurs on an off-Friday, the preceding Thursday shall be observed.
D. Holiday Closure. The City shall close the City Hall, City Yard, and Community Center facilities to the public during the holiday period between Christmas Eve and New Year's Day. During the closure, employees will have the option to use accrued Vacation, Management Leave, or Floating Holiday. Employees without sufficient accrued leave time to cover the holiday closure may borrow from future vacation accrual.
The City maintains the right to determine the essential services which still operate during this closure period.
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SECTION 26 – VACATION LEAVE
A. ACCRUAL. Vacation leave shall accrue to each management full-time employee at the following rates:
Years of Service Vacation Hours Accrued
Less than 1 year 80 hrs. vacation per month (6.667
hrs. per month)
Less than 2 years 90 hrs. vacation per year (7.5 hrs.
per month)
Less than 3 years 100 hrs. vacation per year (8.333
hrs. per month)
Less than 4 years 110 hrs. vacation per year (9.167
hrs. per month
Less than 5 years 110 hrs. vacation per year (9.167
hrs. per month)
5 years to 10 years 120 hrs. vacation per year (10 hrs. per month)
10 years or more 160 hrs. vacation per year (13-1/3
hrs. per month)
B. ACCUMULATION. Accumulation of vacation leave in excess of that earned in two years is prohibited. All vacation leave exceeding the authorized accumulation shall be forfeited.
C. USAGE. Vacation leave taken shall not be in excess of that actually earned at the time the vacation starts.
1. Each employee must take at least 40 hours of vacation each fiscal year.
2. The time during the calendar year at which an employee shall take vacation shall be determined with particular regard for the needs of the service and due regard for the wishes of the employee.
3. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave, and the vacation leave shall be extended accordingly for employees eligible for such holidays.
4. Any leave of absence without pay shall not accrue vacation leave for each 30 day period of such leave.
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5. No employee shall be entitled to any vacation until completion of six (6) months of continuous service, with the exception of using Management Leave and Floating Holiday.
6. All usage of vacation and Management leave time should be requested and approved by the employee's department head or designee at least two days prior to the start of vacation time.
D. ANNUAL CONVERSION.
1. Mid-Management - An employee may elect to convert up to 70 hours of vacation leave into a cash payment at the employee’s then-current rate of base pay. To be eligible for this option, the employee must utilize 40 hours of vacation leave in the preceding fiscal year. Unused Management Leave may not be used for cash payment.
Notwithstanding the above paragraph, an employee may convert up to a maximum of 80 hours of annual vacation leave into a cash payment as long as the employee has 240 hours, or more, of annual vacation leave “on the books” after the conversion.
2. Executive Management - An employee may elect to convert up to 80 hours of any combination of vacation and/or management leave into a cash payment at the employee’s then-current rate of base pay.
The maximum payment for those Executive Management employees receiving longevity pay shall be limited to 70 hours. However, an employee receiving longevity pay may convert up to a maximum of 80 hours of any combination of vacation and/or management leave into a cash payment as long as the employee has 240 hours or more of annual vacation leave “on the books” after the conversion.
Notwithstanding the above paragraph, an executive manager who has completed his/her initial probation period with the City will receive Management Leave pay at separation at the employee’s current rate of base pay for all unused Management Leave.
E. VACATION LEAVE PAY UPON SEPARATION. Upon separation, an employee will receive compensation at the current rate of base pay for all unused earned vacation up to and including the date of separation.
1. An employee who separates while serving a probation period in a classification to which the employee has been promoted shall receive vacation leave pay upon separation based on the hourly equivalent of the base pay received immediately prior to promotion, provided the employee has successfully completed a probation period in the classification from which the employee was promoted.
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2. An employee who has not completed 6 months of continuous service shall not receive vacation leave pay upon separation.
F. CONTINUOUS SERVICE. For the purpose of computing years of service, an employee’s continuous service shall be based on the effective date on which the employee received initial probationary appointment in the City service.
SECTION 27 – MANAGEMENT LEAVE
Management personnel are not eligible for paid overtime. Each employee shall receive 60 hours of management leave per fiscal year. Management leave must be taken by June 30th each year and no part of it may be carried over into the next fiscal year.
Mid-management employees’ unused management leave may not be used for cash payment.
Additional time may be granted by the employee’s department head for time spent at required meetings and special events.
The definition of meetings and special events includes:
• City job-related emergencies.
• City Council meetings.
• City Commission or Committee meetings.
• Any meeting or special event approved in advance by the department head or his/her designee.
SECTION 28 – SICK LEAVE
A. ACCRUAL.
1. Each full-time employee shall accrue sick leave with pay at the rate of eight hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay.
2. Any leave of absence without pay exceeding 15 consecutive days shall result in no accrual of sick leave during the consecutive days of the employee’s leave of absence without pay that is in excess of 15 consecutive days.
B. ACCUMULATION. Sick leave may be accumulated without limit.
C. USAGE.
1. Eligibility for Use of Sick Leave. Sick leave may be taken only when the employee has sick leave credits. An employee shall be eligible to take sick leave after he/she has worked one full calendar month.
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2. Sick leave may be granted only with the approval of the department head and only in case of a bona fide illness or medical/dental appointments of the employee. The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.
3. Sick leave may also be used for a bona fide illness or medical/dental appointments of a family member (spouse, child, brother, sister, mother, father, mother-in-law, father-in-law, grandmother, grandfather) or designated person when the presence of the employee is required up to a maximum of three days per individual situation.
The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.
A “designated person” is defined as any one person identified by the employee at the time the employee requests paid sick leave. This designation is limited to only one designated person per 12-month period.
4. Maternity leave. The employee shall submit a doctor’s statement approving her fitness to continue working for a specified term. A post-natal release from the doctor must be submitted prior to returning to work.
5. Sick leave shall not be used in lieu of, or added to, vacation. Accrued vacation leave may be used for sickness when all sick leave has been taken.
6. Sick leave during vacation. An employee who becomes ill while on vacation may have such period of illness charged to accumulated sick leave instead of to vacation, provided that immediately upon return to duty, the employee submits to the department head a written request for sick leave and a written statement signed by the employee’s physician describing the nature and dates of the illness.
7. Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for all of the following reasons:
a. Disability or illness arising from compensated employment other than with the City of Buena Park.
b. Leave of absence without pay.
c. Absence because of intoxication or for the purpose of recovering from intoxication.
D. MEDICAL LEAVE OF ABSENCE. Upon written request of the employee and recommendation of the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided:
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1. The employee has used all accumulated sick leave.
2. The employee has been continuously employed in the City service for at least one year.
3. The employee presents to the department head for referral to and consideration by the City Manager a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician.
4. Prior to resuming duties, the employee may be required to take a medical examination at the employee’s expense and as prescribed by the City Manager.
The employment record and the results of such examination shall be considered by the City Manager or designee in determining the employee’s fitness to return to work.
5. The maximum period of such leave shall be three calendar months. If the employee desires an extension, the employee shall follow the procedure described in subparagraph 3 above.
E. PENALTY FOR ABUSE. When, in the judgment of the department head, the employee’s reason for being absent because of alleged sickness is inadequate, the department head shall indicate on the payroll form that the absence was without pay.
The department head may recommend to the City Manager that appropriate disciplinary action be imposed against the employee.
F. ANNUAL BUYBACK PROGRAM.
1. To be eligible, an employee must have:
a. 480 hours of accumulated sick leave as of the first pay period of July of the preceding year, and
b. 480 hours of accumulated sick leave remaining after the cash out.
2. An employee who wishes to participate must file a written request with the Finance Department. This request will apply for the previous fiscal year sick leave accumulation.
3. Participants will be paid for 50% of the hours accrued during the fiscal year. These hours being paid will be deducted from the employee’s sick leave bank. The remaining hours accrued, but not used, will remain in the employee’s sick leave bank. Payment will be based at the employee’s base hourly rate in effect at the time of payment.
B.P.M.U. COMPENSATION PLAN
G. SICK LEAVE PAY ON SEPARATION. Employees shall be compensated for unused sick leave at the time of honorable separation or retirement in accordance with the schedule below.
Years of
Service
Maximum Sick Leave Hours
Eligible for Payment Upon
Retirement
Maximum Sick Leave Hours
Eligible for Payment Upon
Honorable Separation
5 – 10
20% of the value of the
unused sick leave
(i.e. 20% of 960 = 192 Max)
0 10 – 15
30% of the value of the
unused sick leave
(i.e. 30% of 960 = 288 Max)
30% of the value of the
unused sick leave
15 – 20
40% of the value of the
unused sick leave
(i.e. 40% of 960 = 384 Max)
40% of the value of the
unused sick leave
20 or more
50% of the value of the
unused sick leave
(i.e. 50% of 960 = 480 Max)
50% of the value of the
unused sick leave
Employees may only accrue a maximum of 960 hours of sick leave for the purpose of this section. All payments shall be at the employee’s base hourly salary rate in effect on the date of separation.
H. Except as herein provided, no payment shall be granted to an employee for accrued sick leave at the time of termination. Termination of an employee’s continuous service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued at the time of such termination, regardless of whether the employee subsequently reenters the City service.
SECTION 29 – BEREAVEMENT LEAVE
Whenever an employee is compelled to be absent from duty by reason of the death (or critical illness where death appears imminent) of a family member, the employee shall, upon approval of the department head, be entitled to up to three work days of bereavement leave with pay once per fiscal year. Employees in need of additional time may charge such absence to the employee's accumulated sick leave to a maximum of five working days for each such incident. Use of such leave shall not count against the sick leave buy back or deposits made to the SRA.
“Family member” is defined as the employee’s or spouse’s:
B.P.M.U. COMPENSATION PLAN
• Father • Mother
• Grandfather • Grandmother
• Sibling(s) • Child
• Spouse • Grandchildren
SECTION 30 – WORKERS COMPENSATION
A. An employee who is absent from duty because of an on-the-job injury sustained during City employment shall receive his/her normal pay during the first 27 calendar weeks of such accident, provided the employee returns to the City any compensation paid under the provisions of the California Workers’ Compensation Law for the corresponding period of time.
During this maximum 27-week period, an employee so entitled shall continue to receive all forms of compensation he/she would be receiving as if at work. The employee shall also be eligible for consideration for merit pay increases during this period.
B. After this maximum 27-week period, an employee who has not returned to work shall not receive any other form of compensation from the City, including, but not limited to, accrual of vacation and sick leave, holiday pay, special assignment pay, education pay or payment of group insurance premiums. An employee may not use accumulated sick leave or vacation to supplement temporary disability indemnity payments.
SECTION 31 – JURY DUTY
No deduction shall be made in the pay of an employee who serves on jury duty if the employee has waived or remitted the jury fee for such jury duty. An employee who serves on jury duty on a scheduled day off shall not be required to remit his/her jury fees for that day. If the employee has not so waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee summoned to jury duty shall immediately notify his/her supervisor in writing. The employee shall remit to the City all fees and allowances payable for jury duty, less reimbursements from the court for meals, travel, or lodging.
SECTION 32 – OTHER LEAVES
A. LEAVE WITHOUT PAY. Upon written recommendation of the department head, the City Manager may authorize a leave of absence without pay for a period not to exceed 30 calendar days in a calendar year.
B. Authorized leaves of absence without pay of 30 calendar days or less, and leaves of absence with pay for any period shall not constitute an interruption of an employee’s continuous service and shall not be deducted in computing total City service.
Authorized leaves of absence without pay in excess of 30 calendar days, unless B.P.M.U. COMPENSATION PLAN
covered by the Family Medical Leave Act, shall be deducted in computing an employee’s total City service for advancement in salary range and for other purposes specified in this Compensation Plan, but shall not serve to interrupt continuous service.
C. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave.
Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or training).
Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits.
If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary.
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WORKING CONDITIONS
SECTION 33 – PAY PERIODS
A. The City shall utilize the biweekly payroll system. Pay periods shall begin at 12:01 a.m. every other Saturday and end at midnight the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception is when that Friday is a federal holiday the payday shall fall on the preceding business day.
B. Direct Deposit. The City shall electronically deposit employees' paychecks into a savings or checking account designated by the employee. All employees shall participate in the City's direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution.
SECTION 34 – HOURS OF WORK AND SCHEDULES
Unless otherwise prescribed in writing by the City Manager, the work week, work shift, and work schedule for each position shall be as follows:
A. WORK WEEK. The work week for all full-time positions shall be 40 hours.
B. WORK SHIFT. The work shift for all full-time positions scheduled on the “9/80 Work Plan” shall be nine hours a day for eight days, and eight hours for one day for a total of 80 hours in a two-week period.
C. WORK SCHEDULE. The work schedule for each position shall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays, and holidays continuously on week days in accordance with the Alternative Work Schedule.
D. ALTERNATIVE WORK SCHEDULES. The decision to implement any alternative work schedule, including the 9/80 Plan and the trial 4/10 Plan for City Hall, Community Center, Ehler’s Event Center, the City Yard, and Stage Stop Hotel is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Management Unit and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.
Except in cases of emergency, the City shall provide two weeks notice to an employee of any changes in his/her work schedule.
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SECTION 35 – SUBSTANCE ABUSE– DRUG POLICY
A. It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.
B. It is in the best interest of the City, the Association, employees, and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe work environment, poor morale, and increased potential liability to the City. “Under the influence” means the knowing use of any illegal substance or alcohol or knowing misuse of a prescribed drug in a manner and to a degree that substantially impairs the employee's work performance or the ability to use City property or equipment safely.
C. An employee, not on paid standby, who is called at home to return to work may decline to return if he/she feels physically unable to perform his/her job even if the employee perceives that the inability to perform is the result of having consumed alcoholic beverages. No reason need be given by the employee and the employee shall not be subjected to discipline for his/her refusal to return to work.
D. The City provides an Employee Assistance program for employees who have problems with drugs and/or alcohol. Every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance.
E. The City may, upon showing of reasonable suspicion that this policy is being violated, compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense. “Reasonable suspicion” is a belief based on objective and articulable facts sufficient to lead a reasonable and prudent supervisor to suspect that an employee is “under the influence” in that the employee’s ability to perform the functions of the job is impaired or the employee’s ability to perform his/her job safely is reduced. Allegations of harassment pursuant to this paragraph shall be reported to the Human Resources Department. The Human Resources Department shall conduct an investigation into the alleged harassment and take appropriate corrective action as a result of its investigation. Nothing contained herein shall limit the City's right to discipline or discharge any employee.
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SECTION 36 – GRIEVANCE PROCEDURE
A. DEFINITION. A grievance shall be considered as any matter for which appeal is not provided for concerning a dispute about the interpretation or application of any ordinance, rule, or regulation governing personnel practices or working conditions.
B. PURPOSE.
1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be heard and settled as informally as possible.
C. PROCEDURE. Whenever an employee feels that the policy of the City is not being appropriately applied to his/her circumstance, he or she can file a grievance to resolve the dispute. The limitation on filing a grievance must be within sixty (60) calendar days from the date the employee first became aware of, or should have become aware of, the issue(s) underlying the grievance. To file a grievance, he or she shall take the following action(s):
1. The dispute should be discussed fully with the employee's most immediate supervisor, who should make every effort to resolve the dispute in a fair and equitable manner and in accordance with established policy. After the employee and the supervisor have discussed the incident, the supervisor will give the employee a verbal or written response within two working days.
2. The process described above shall continue through the line of supervision, up to and including the department head, if the aggrieved party is not satisfied with the resolution at the initial or preceding step(s). However, the employee must notify the department head of the dispute in writing.
3. Should the dispute not be resolved by the department head to the satisfaction of both parties, the employee will notify the Director of Human Resources of the dispute in writing. The Director of Human Resources will interview both parties in the dispute and others affected and report those findings to the City Manager and recommend steps to be taken to resolve the problem within the Department.
Within 10 working shifts, the parties will be provided with a written response from the City Manager. The decision of the City Manager shall be the final step in the Administrative process.
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SECTION 37 – ADVISORY ARBITRATION
City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended and is incorporated herein and attached as Exhibit F.
SECTION 38 – ANNUAL PHYSICAL EXAMINATION
Each employee is eligible for an annual physical examination by the City’s medical examiner, or by a private physician upon written request to the Human Resources Department. The City will pay a private physician an amount equal to the amount paid to the City medical examiner, and the employee shall be responsible for paying any additional amounts required beyond the City’s contribution.
SECTION 39 – SEVERANCE
Executive Management employees in classifications listed in Exhibit A are considered “At Will” and may be terminated at any time without cause. The City shall pay the employee a lump sum cash severance payment equal to two (2) months base salary.
If the City Manager terminates the employee’s employment with cause, the employee shall not be entitled to any severance. “Cause” shall mean any of the following:
a) Conviction of a felony;
b) Conviction of a misdemeanor arising out of Employee’s duties and involving a willful or intentional violation of law;
c) Willful abandonment of duties;
d) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council or persistent and willful violation of properly established rules and procedures; and e) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of the City or its organizational units, or is detrimental to employee safety or public safety.
Severance pay shall not be required if the employee voluntarily separates from the City.
SECTION 40 – CITY COUNCIL BENEFITS
Members of the City Council shall be eligible to receive retirement, health and welfare, automobile allowance, cell phone allowance, deferred compensation, and other benefits provided for in this Compensation plan to the extent consistent with Government Code Sections 36516, 36516.5 and 53200 et seq. and any other applicable legal requirement B.P.M.U. COMPENSATION PLAN
EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 5, 2025 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Assistant City Clerk 800 44.42 7,700 92,394 46.57 8,072 96,866 48.87 8,471 101,650 51.23 8,880 106,558 53.74 9,315 111,779 55.35 9,594 115,128 Assistant City Engineer 820 72.03 12,485 149,822 75.57 13,099 157,186 79.29 13,744 164,923 83.19 14,420 173,035 87.30 15,132 181,584 89.92 15,586 187,034 Associate Engineer 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Associate Plan Check Engineer 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Building and Safety Manager 812 59.33 10,284 123,406 62.25 10,790 129,480 65.29 11,317 135,803 68.50 11,873 142,480 71.85 12,454 149,448 74.01 12,828 153,941 Code Enforcement Supervisor 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Community Services Supervisor 801 45.51 7,888 94,661 47.74 8,275 99,299 50.07 8,679 104,146 52.53 9,105 109,262 55.08 9,547 114,566 56.73 9,833 117,998 Economic Development Administrator 820 72.03 12,485 149,822 75.57 13,099 157,186 79.29 13,744 164,923 83.19 14,420 173,035 87.30 15,132 181,584 89.92 15,586 187,034 Facilities Maintenance Supervisor 797 41.11 7,126 85,509 43.14 7,478 89,731 45.34 7,859 94,307 47.57 8,246 98,946 49.97 8,662 103,938 51.47 8,922 107,058 Facilities and Parks Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Finance Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Fleet Maintenance Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Fleet Maintenance Supervisor 800 44.42 7,700 92,394 46.57 8,072 96,866 48.87 8,471 101,650 51.23 8,880 106,558 53.74 9,315 111,779 55.35 9,594 115,128 Homeless Outreach Supervisor 801 45.51 7,888 94,661 47.74 8,275 99,299 50.07 8,679 104,146 52.53 9,105 109,262 55.08 9,547 114,566 56.73 9,833 117,998 Human Resources Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Operations Manager 820 72.03 12,485 149,822 75.57 13,099 157,186 79.29 13,744 164,923 83.19 14,420 173,035 87.30 15,132 181,584 89.92 15,586 187,034 Planning Manager 812 59.33 10,284 123,406 62.25 10,790 129,480 65.29 11,317 135,803 68.50 11,873 142,480 71.85 12,454 149,448 74.01 12,828 153,941 Principal Engineer 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Principal Plan Check Engineer 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Public Works Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Purchasing Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 Sewer Services Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Sr. Human Resources Analyst 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Sr. Management Analyst 810 56.54 9,800 117,603 59.33 10,284 123,406 62.24 10,788 129,459 65.28 11,315 135,782 68.49 11,872 142,459 70.54 12,227 146,723 Street Maintenance Superintendent 806 51.37 8,904 106,850 53.85 9,334 112,008 56.48 9,790 117,478 59.24 10,268 123,219 62.13 10,769 129,230 63.99 11,092 133,099 Sustainability Manager 818 68.60 11,891 142,688 72.02 12,484 149,802 75.56 13,097 157,165 79.28 13,742 164,902 83.17 14,416 172,994 85.67 14,850 178,194 Visit Buena Park Director 815 63.81 11,060 132,725 66.94 11,603 139,235 70.21 12,170 146,037 73.69 12,773 153,275 77.31 13,400 160,805 79.63 13,803 165,630 Visitor Services and Sales Manager 782 28.39 4,921 59,051 29.80 5,165 61,984 31.28 5,422 65,062 32.87 5,698 68,370 34.49 5,978 71,739 35.52 6,157 73,882 Water Services Manager 814 62.28 10,795 129,542 65.30 11,319 135,824 68.53 11,879 142,542 71.90 12,463 149,552 75.45 13,078 156,936 77.71 13,470 161,637 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
B.P.M.U. COMPENSATION PLAN
EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 4, 2026 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Assistant City Clerk 800 46.64 8,084 97,011 48.90 8,476 101,712 51.31 8,894 106,725 53.79 9,324 111,883 56.43 9,781 117,374 58.12 10,074 120,890 Assistant City Engineer 820 75.63 13,109 157,310 79.35 13,754 165,048 83.25 14,430 173,160 87.35 15,141 181,688 91.67 15,890 190,674 94.42 16,366 196,394 Associate Engineer 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Associate Plan Check Engineer 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Building and Safety Manager 812 62.30 10,799 129,584 65.36 11,329 135,949 68.55 11,882 142,584 71.93 12,468 149,614 75.44 13,076 156,915 77.71 13,470 161,637 Code Enforcement Supervisor 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Community Services Supervisor 801 47.79 8,284 99,403 50.13 8,689 104,270 52.57 9,112 109,346 55.16 9,561 114,733 57.83 10,024 120,286 59.57 10,326 123,906 Economic Development Administrator 820 75.63 13,109 157,310 79.35 13,754 165,048 83.25 14,430 173,160 87.35 15,141 181,688 91.67 15,890 190,674 94.42 16,366 196,394 Facilities Maintenance Supervisor 797 43.17 7,483 89,794 45.30 7,852 94,224 47.61 8,252 99,029 49.95 8,658 103,896 52.47 9,095 109,138 54.04 9,367 112,403 Facilities and Parks Superintendent 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Finance Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Fleet Maintenance Superintendent 806 46.64 8,084 97,011 48.90 8,476 101,712 51.31 8,894 106,725 53.79 9,324 111,883 56.43 9,781 117,374 58.12 10,074 120,890 Fleet Maintenance Supervisor 800 46.64 8,084 97,011 48.90 8,476 101,712 51.31 8,894 106,725 53.79 9,324 111,883 56.43 9,781 117,374 58.12 10,074 120,890 Homeless Outreach Supervisor 801 47.79 8,284 99,403 50.13 8,689 104,270 52.57 9,112 109,346 55.16 9,561 114,733 57.83 10,024 120,286 59.57 10,326 123,906 Human Resources Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Operations Manager 820 75.63 13,109 157,310 79.35 13,754 165,048 83.25 14,430 173,160 87.35 15,141 181,688 91.67 15,890 190,674 94.42 16,366 196,394 Planning Manager 812 62.30 10,799 129,584 65.36 11,329 135,949 68.55 11,882 142,584 71.93 12,468 149,614 75.44 13,076 156,915 77.71 13,470 161,637 Principal Engineer 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Principal Plan Check Engineer 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Public Works Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Purchasing Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 Sewer Services Superintendent 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Sr. Human Resources Analyst 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Sr. Management Analyst 810 59.37 10,291 123,490 62.30 10,799 129,584 65.35 11,327 135,928 68.54 11,880 142,563 71.91 12,464 149,573 74.07 12,839 154,066 Street Maintenance Superintendent 806 53.94 9,350 112,195 56.54 9,800 117,603 59.30 10,279 123,344 62.20 10,781 129,376 65.24 11,308 135,699 67.19 11,646 139,755 Sustainability Manager 818 72.03 12,485 149,822 75.62 13,108 157,290 79.34 13,752 165,027 83.24 14,428 173,139 87.33 15,137 181,646 89.95 15,591 187,096 Visit Buena Park Director 815 67.00 11,613 139,360 70.29 12,184 146,203 73.72 12,778 153,338 77.37 13,411 160,930 81.18 14,071 168,854 83.61 14,492 173,909 Visitor Services and Sales Manager 782 29.81 5,167 62,005 31.29 5,424 65,083 32.84 5,692 68,307 34.51 5,982 71,781 36.21 6,276 75,317 37.30 6,465 77,584 Water Services Manager 814 65.39 11,334 136,011 68.57 11,886 142,626 71.96 12,473 149,677 75.50 13,087 157,040 79.22 13,732 164,778 81.60 14,144 169,728 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
B.P.M.U. COMPENSATION PLAN
EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 5, 2025 Minimum Control Point Maximum
Executive Management Grade Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Assistant City Manager/Director of Human Resources 101 213,054 17,755 102.43 255,653 21,304 122.91 268,445 22,370 129.06 Director of Community Development 103 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 Director of Community Services 105 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 Director of Finance / Treasurer 103 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 Director of Public Works / City Engineer 112 199,326 16,611 95.83 239,200 19,933 115.00 251,160 20,930 120.75 EXHIBIT A – MANAGEMENT SALARY SCHEDULE – EFFECTIVE JULY 4, 2026 Minimum Control Point Maximum
Executive Management Grade Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Assistant City Manager/Director of Human Resources 101 223,704 18,642 107.55 268,445 22,370 129.06 281,861 23,488 135.51 Director of Community Development 103 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 Director of Community Services 105 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 Director of Finance / Treasurer 103 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 Director of Public Works / City Engineer 112 209,310 17,443 100.63 251,160 20,930 120.75 263,723 21,977 126.79 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
B.P.M.U. COMPENSATION PLAN
EXHIBIT B – COMPENSATION PLAN
A. PURPOSE. The purpose of this Plan is to establish a Merit system of compensation based upon performance and productivity, with due consideration for all qualities of service and contribution to the City.
B. SALARY RANGES. The establishment of salary ranges and the allocation of classes thereto shall be by Resolution of the City Council.
Full-time Regular, Probationary, Provisional, Temporary and Acting Appointments. An employee having a regular, probationary, or acting appointment that is on a full-time basis, shall be compensated at a biweekly rate as determined by the City Manager, subject to the provisions of this Resolution.
C. RESPONSIBILITIES OF CITY MANAGER. At least annually, the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range for each class for which the City Manager is appointing authority. In determining salary ranges, consideration shall be given to both base pay, fringe benefits, and working conditions.
D. STRUCTURE OF THE COMPENSATION PLAN. The Compensation Plan consists of salaries for each class as shown in Exhibit “A” designated as Management Salary Schedule.
E. EXECUTIVE MANAGEMENT SALARY RATES AND PAY STRUCTURE. The basic structure of the Executive Management pay plan includes a minimum point, control point, and maximum point. The control point is a point in the salary range which has been determined through the application of labor market data and internal relationship guidelines. Progression from the minimum point to the control point is based upon performance only.
1. Salary ranges are established as follows:
Salary ranges should consist of a spread of approximately 25 percent with a control point established 20 percent into the range. Specifically:
a. The control point of a range should be set to that salary level established through the application of labor market data and internal relationship guidelines.
b. The minimum point of the range shall be set 20 percent below the control point (i.e., control point divided by 1.20).
c. The maximum point of the range should be set 5 percent above the control point (control point multiplied by 1.05).
B.P.M.U. COMPENSATION PLAN
d. A 2-1/2% differential has been established between control points of the ranges.
2. Pay Increases within the Range. In providing pay increases within the salary range, the following administrative guidelines will be applied:
Salary increases within the range for employees in an existing job classification may be based on general, merit, or equity increases.
a. New Department Head employees may be appointed anywhere in the salary range.
b. Department Heads are eligible for a pro-rata salary increase after completion of six months of service given acceptable work performance. This increase shall be made only if recommended and approved by the City Manager. c. Any Department Head who demonstrates acceptable performance would normally progress to the control point over time, with salary increases awarded flexibly within the range at the City’s discretion.
d. Employees at control point will be handled on a case by case basis. e. Merit adjustments should be granted based on the employee’s job performance, with high achievers receiving proportionately larger pay increases. Job performance below acceptable standards may result in an employee not receiving a merit increase, or receiving a deferred increase, regardless of the employee’s placement within the salary range. f. As an employee moves from one range to another by promotion, reclassification or transfer, he/she shall be placed within the new range at no less than 5% above current salary. Actual placement shall be at the discretion of the City Manager.
g. Adjustments shall be considered on an annual basis. Progression to the control point is based solely upon performance.
F. COMPENSATION PROCEDURE MID-MANAGEMENT.
1. The Salary Schedule for mid-managers is divided into five steps or salary rates.
Step “1” is designated as an "entry level" step; the four additional steps are numbered “2” through “5”.
2. Each class of position in management is designated to the proper Range Number in the Salary Schedule as shown in Exhibit “A”.
B.P.M.U. COMPENSATION PLAN
3. In General. Except as otherwise provided herein, all new employees shall be appointed at the entry level step of the salary range in effect for the class in which the appointment is made.
4. Exceptions. The City Manager may authorize such new appointments at a salary rate up to Step 5, when it is determined that equity among employees and the interests of the city will best be served.
5. Employees are eligible to progress to the second and to the third steps after completing six (6) months of service at the preceding step. These salary increases are awarded in recognition of good performance and as an incentive for continued work improvement. These increases shall be made only if recommended by the Department Head and approved by the City Manager.
6. Employees are eligible for additional salary increases to the fourth and fifth steps after completion of one year of service at the preceding step on their salary anniversary date. These increases shall be made only if recommended by the Department Head and approved by the City Manager and are awarded in recognition of good performance and as an incentive for continued work improvement.
G. COMPENSATION UPON PROMOTION. Every promotion from one class to a higher class shall carry a minimum salary increase of five percent.
H. COMPENSATION ON DEMOTION.
1. Involuntary Demotion. An employee who is involuntarily demoted shall have the salary rate, at the time of demotion, reduced to the nearest lowest salary rate of the class of position to which the employee is demoted. The demoted employee shall not be required to serve a probation period in the lower position unless specifically determined by the City Manager.
2. Voluntary Demotion. An employee who requests demotion shall retain the current salary rate if such rate is within the salary range of the lower classification. If the employee’s salary rate prior to the demotion was higher than the maximum salary of the lower position, the employee shall receive the latter. The employee shall not be required to serve a probationary period in the lower position unless specifically determined by the City Manager.
I. FAILURE TO COMPLETE PROBATION PERIOD. The compensation of an employee who is rejected during a probation period in a classification and who is assigned to a classification having a lower salary range shall be as follows:
1. If the employee had previously completed a probation period in a lower classification, the employee shall not be required to serve another one; the employee’s last salary rate in the lower position shall be the employee’s new salary B.P.M.U. COMPENSATION PLAN
rate upon reassignment to that position, and the employee shall earn eligibility to receive subsequent merit salary advancements in accordance with the rules.
2. If the employee had not previously completed a probation period in a lower classification, the effective date of the reassignment to that class shall be the employee’s new probationary anniversary date and the employee shall be required to serve a probation period.
J. COMPENSATION ON POSITION RECLASSIFICATION. The salary of an employee in a position that is reclassified shall be determined as follows:
1. Class with Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate and the salary review date of the employee shall not be changed. This provision shall also apply to a change of class title provided there is no change in the basic duties of the position.
2. Class with Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the salary of the employee shall be governed by the section on compensation upon promotion.
3. Class with Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, the employee’s salary shall not change. The employee shall be temporarily “Y” rated until at such time the salary within the lower class meets or exceeds the employee’s “Y” rated salary. The employee shall not be required to serve a new probation period.
K. COMPENSATION ON TRANSFER. The salary rate and salary review date of an employee who is transferred in class shall not change.
L. COMPENSATION FOR PORTION OF PAY PERIOD. A regular or probationary appointee serving on a full-time basis who works less than a full biweekly pay period, except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee’s hourly rate. The number of hours worked in such pay period shall include paid holidays.
M. CHANGES IN CLASS SALARY RANGE. If a class is allocated to a different salary range, an employee in a position in that class shall be compensated at the same rate in the new range as the employee was receiving in the previous range, and the employee’s salary review date shall not change.
N. COMPENSATION FOR ACTING APPOINTMENTS. Subject to the following conditions, an employee who is required on the basis of an acting appointment to B.P.M.U. COMPENSATION PLAN
serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entry level salary rate of the higher salary range or the rate five percent higher than the rate the employee normally receives, whichever is greater, for all such hours assigned.
1. The employee must perform all the duties and assume all the responsibilities of the higher class.
2. Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of newly budgeted positions, where the needs of the City require that the position be filled.
3. Acting appointments shall not be permitted for a period in excess of six continuous months, except in the manner provided in Section 2.20.080 of the Buena Park City Code.
The City Manager must approve all such appointments meeting the criteria set forth in this paragraph.
O. PROBATIONARY APPOINTMENT FOLLOWING PROVISIONAL APPOINTMENT.
Notwithstanding the other provisions of this Resolution, a provisional appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class, the employee’s probation period shall commence with the date of his provisional appointment. Satisfactory completion of such probation period shall be on written recommendation of the Department Head and approval of the City Manager.
P. CONSIDERATION OF EMPLOYEE REQUESTS. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall submit to the Department Head a written statement of the claimed inequity and the employee’s request, and the Department Head shall promptly forward the statement and the request, and the Department Head’s written recommendation to the City Manager.
Q. CONTINUITY OF SERVICE REQUIREMENTS. Continuous service, as required for advancement within salary ranges and for other purposes specified in this Resolution, is defined as City Employment on a probationary, regular, or acting appointment basis without break or interruption.
Authorized leaves of absence without pay in excess of thirty (30) calendar days shall be deducted in computing an employee’s total City Service for advancement in salary range and for other purposes specified in this Resolution but shall not serve to interrupt the employee’s continuous service.
B.P.M.U. COMPENSATION PLAN
R. AVOIDANCE OF INEQUITIES. The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution.
S. ADMINISTRATIVE REGULATIONS. The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this Resolution. Prior to issuance such regulations shall be referred to the City Attorney as to their conformance with this Resolution. At least annually such regulations shall be considered for possible incorporation in a revision of this Resolution.
B.P.M.U. COMPENSATION PLAN
EXHIBIT C – HIRING OF EMPLOYEE RELATIVES
The hiring of relatives of City employees is based upon the following criteria:
A “relative” is defined as a spouse, child, step-child parent, step-parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as the City employee.
An “employee” is defined as any person who receives a City payroll check for services, full or part-time rendered to the City of Buena Park.
The employment of relatives of City employees within the City of Buena Park is limited to the following situations: Any relative of a Council Member, the City Manager, or employees of the Human Resources Department shall not be considered for employment within the City of Buena Park in any capacity, either full-time or part-time.
Any relative of a City-appointed commissioner, board or committee member, or department manager may not be considered for employment within the department or area of responsibility of such City-appointed commissioner, board or committee member of department manager. The employment of relatives of all other City employees is prohibited within the department of the existing employee when such related employee may: perform joint duties, share responsibility or authority; report to the same immediate supervisor; or be supervised by or would supervise a relative.
Relatives of City employees, except for relatives of Council Members, the City Manager, Human Resources staff, City-appointed commissioners, board or department managers may be hired for seasonal assignments. However, such employment shall not exceed twenty percent (20%) of the compliment of seasonal employees in that classification and shall be selected only by an open recruitment process.
City employees who are related as described above, shall not be affected in their current job status except when the City Manager determines that the circumstances of such employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security or morale of the particular work unit.
If two existing City employees become married and their employment conflicts with the policy stated above, they may continue employment provided that such employment does not directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or morale of the particular work unit. The City manager shall determine whether or not such detriment or undue hardship exists.
B.P.M.U. COMPENSATION PLAN
The City Manager is authorized to issue written guidelines to implement and enforce this policy. All determinations made by the City Manager shall be final and conclusive and not subject to Section 2-136 of the Administrative Section of the City Code. In all situations where the City Manager determines a conflict to exist between existing or future related employees, the City Manager shall attempt to resolve such conflict in the following manner:
Attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict.
If such redefinition of job status is not feasible, attempt to transfer one of the employees to a similar position (without guarantee or identical salary) that would not be in violation of this policy.
If transfer is not feasible or acceptable, request the voluntary resignation of one of the employees.
If one of the employees does not voluntarily resign, the employee with the least employment experience in the City of Buena Park may be discharged by the City Manager.
B.P.M.U. COMPENSATION PLAN
EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY
I. PURPOSE OF POLICY
A. To define and issue to all employees the City’s policy on the prohibition and prevention of harassment, discrimination, retaliation and bullying in the workplace.
B. To fully inform all employees of their right to have a safe work environment and be free of unlawful harassment, discrimination, retaliation, and bullying in the workplace.
C. To fully inform all employees that the City of Buena Park does not and will not tolerate any conduct that is believed to violate this Policy in the workplace.
D. To inform all employees of their rights if they believe that they are or have been the victim of harassment, discrimination, retaliation, and bullying.
E. To provide a means for the prompt reporting and full and effective investigation of harassment, discrimination, retaliation, and bullying complaints and to provide for effective remedial action against the harasser and for the victim.
II. STATEMENT OF POLICY
It is the Policy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, discriminates, retaliates, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment. In addition to prohibiting all forms of harassment, discrimination and retaliation, the City also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events.
Harassment or discrimination against an applicant, unpaid intern, volunteer, or employee by a supervisor, management employee, elected or appointed official, coworker, member of the public, or contractor on the basis of race, religion , color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), military or veteran status, or any other protected classification as defined below is prohibited and will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
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Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission.
All employees will be expected to comply with this Policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this Policy against harassment, discrimination, retaliation, and bullying in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination.
When a violation of this Policy is reported, an investigation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action.
Negligent supervision, tacit approval by “turning a blind eye”, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
III. DEFINITION OF HARASSMENT
A. Protected Classifications: This policy prohibits harassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), and military or veteran status.
B. Policy Coverage: This Policy prohibits the employer, elected or appointed officials, officers, employees, or contractors from harassing or discriminating against applicants, officers, officials, employees, unpaid interns, volunteers, or contractors because of: 1) an individual’s protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
C. Discrimination: This policy prohibits treating individuals differently because of the individual’s protected classification as defined in this Policy.
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D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person’s protected classification. Note that harassment is not limited to conduct that city employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
1. Verbal Harassment – For example, epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.
2. Physical Harassment – For example, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, proposition, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, emails, pictures or drawings related to a protected classification.
4. Sexual Harassment – Unwelcome sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
2. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment B.P.M.U. COMPENSATION PLAN
can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
4. Even visual, verbal, or physical conduct between two individuals who appear to welcome the conduct can constitute harassment of a third individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee or contractor has reported harassment, discrimination, or bullying or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment, discrimination, or bullying, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment, discrimination, or bullying, or real or implied threats of intimidation to prevent an individual from reporting harassment, discrimination, or bullying. The following individuals are protected from retaliation: those who make good faith reports of harassment, discrimination, or bullying, those who associate with an individual who is involved in reporting harassment, discrimination, or bullying, and those who participate in the complaint or investigation process.
IV. DEFINITION OF BULLYING
A. All employees, consultants, independent contractors, and visitors have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee’s ability to work; is severe or pervasive; and creates an intimidating or threatening environment.
B. Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name calling, sarcasm, spreading rumors, and teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chat room misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment.
Under certain circumstances, bullying can also include conduct taken by those B.P.M.U. COMPENSATION PLAN
who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public.
V. DEFINITION OF EMPLOYEE
For the purposes of this policy, an employee shall be defined as any individual, regardless of classification, employed by the City of Buena Park, or job applicants, unpaid interns, volunteers, or contractors working under the supervision of the City, vendors and contract employees.
VI. COMPLAINT PROCEDURE
A. Any employee, job applicant, unpaid intern, volunteer, or contractor who believes he or she has been the subject of harassment or any form of bullying should report the alleged act immediately verbally or in writing with any of the following. There is no need to follow the chain of command:
1. Immediate supervisor;
2. Any supervisor or manager within or outside of the department;
3. Department Head; or
4. Director of Human Resources.
B. The limitation on reporting alleged acts of harassment, discrimination, retaliation, and bullying must be within twelve months of the incident or incidents.
C. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources.
D. Any supervisor or department head who receives a harassment, discrimination, retaliation, or bullying complaint is to immediately notify the Director of Human Resources.
E. Upon notification of a harassment, discrimination, retaliation or bullying complaint, the Director of Human Resources will:
1. Inform the complainant of his or her right to initiate the complaint.
2. Authorize the investigation of the complaint and supervise a fair and thorough investigation of the complaint by impartial and qualified personnel and/or investigate the complaint.
3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witness. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation.
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4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation.
5. Review factual information gathered through the investigation to reach a reasonable conclusion to determine whether the alleged conduct constitutes harassment, discrimination, retaliation, or bullying giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance, and the context in which the alleged incidents occurred.
6. Timely report a summary of the results of the investigation and the determination as to whether harassment, discrimination, retaliation or bullying occurred to the appropriate person including complainant, alleged harasser, supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.
7. If conduct in violation of this Policy occurred, take and/or recommend to the department head prompt and effective remedial action against the harasser.
The remedial action will be commensurate with the severity of the offense.
Notify the victim that necessary steps of corrective action have been taken to resolve the problem.
8. Reasonable steps will be taken to protect the victim and other potential victims from further harassment, discrimination, retaliation, or bullying.
9. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint.
F. The city takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, retaliation or bullying may be occurring, regardless of whether the recipient or third party reports a potential violation.
G. Option to report to outside administrative agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal and a complaint process. The nearest offices and telephone numbers are listed on the posters that are located on City bulletin boards at the following locations:
• Human Resources Office
• Community Center
• Police Department
• City Yard
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• Ehlers Event Center
• Stage Stop Hotel
VII. CONFIDENTIALITY
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. However, complete confidentiality cannot occur due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
VIII. RESPONSIBILITIES
Elected Officials, Appointed Officials, Managers, and Supervisors are responsible for:
1. Modeling appropriate and respectful behavior.
2. Informing employees, volunteers, and contractors of this Policy.
3. Taking all steps necessary to prevent harassment, discrimination, retaliation or bullying from occurring.
4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language and behavior.
6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment, discrimination, retaliation or bullying of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. Assisting, advising, or consulting with employees and the Director of Human Resources regarding this Policy and Complaint Procedure.
9. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the City’s Personnel Rules and Regulations, up to and including termination.
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10.Implementing appropriate disciplinary and remedial actions.
11.Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Director of Human Resources or the department head.
12.Participating in periodic training and scheduling employees for training.
Each employee or contractor is responsible for:
1. Modeling appropriate and respectful behavior.
2. Treating all employees, volunteers, and contractors with respect and consideration.
3. Participating in periodic training.
4. Fully cooperating with the City’s investigations by responding fully and truthfully to all questions posed during the investigation.
5. Maintaining the confidentiality of any investigation that the City conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or Director of Human Resources.
6. Reporting any act he or she believes in good faith constitutes, harassment, discrimination, retaliation or bullying as defined in this Policy, to his or her immediate supervisor, or department head, or Director of Human Resources.
IX. MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from bullying, harassment, and discrimination, the City requires that all of its supervisors and elected officials receive training on this Policy at least once every two years.
Human Resources will schedule multiple training sessions in the Spring biennially to ensure that employees and elected officials are able to attend the mandatory training. Attendance at the training will be documented.
X. DISSEMINATION OF POLICY
All Elected Officials and City employees, supervisors and managers shall receive a copy of this Policy. All management personnel will be informed of their responsibilities in enforcing this policy. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy.
This Policy shall be posted in appropriate places.
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EXHIBIT E – ADVISORY ARBITRATION
With respect to the bargaining members in this unit, City Council Resolution 1883, Rule XVI shall be amended as follows:
Section 2: Disciplinary Procedures
(h) Appeal to City Manager: The employee, upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head’s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee’s receipt of notice of the imposition of discipline.
Otherwise, the Department Head’s action shall be final and binding.
Should the employee desire to appeal the Department Head’s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding. …
(j) Advisory Arbitration: The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head’s action, shall have the right to appeal the City Manager’s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee’s receipt of notice of the City Manager’s action. Otherwise, the City Manager’s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI.
Section 5: Advisory Arbitration
(a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action. (b) The employee’s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected from a list of advisory arbitrators from the California State Mediation and Conciliation Service (SMCS). The City will pay SMCS’s fee for providing the list.
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(c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney. (d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.
(e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request. (f) The expenses for the hearing officer shall be borne equally by the City and the employee, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the employee is $2,000. (g) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employee within thirty (30) calendar days, or a longer period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same. (h) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
(i) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him/her to testify, and to rebut the evidence against him/her.
(j) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now B.P.M.U. COMPENSATION PLAN