RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, RELATING TO COMPENSA TION FOR CONFIDENTIAL /
NONREPRESENTED EMPLOYEES, AND SUPERSEDING RESOLUTION
2021-39
THE CITY COUNCIL OF THE CITY OF FULLERTON HEREBY RESOLVES AS FOLLOWS:
Section 1: DESIGNATION OF UNIT CLASSIFICATIONS
The provisions of this resolution shall apply to designated nonrepresented classifications in addition to confidential employees as defined herein. All classifications within this unit are listed in Appendix A. Nonrepresented classifications are designated with an asterisk.
A "confidential" employee is one who, in the course of his or her dut ies, has access to information relating to the City's administration of the Meyers-Milias-Brown Act (Cal. Gov.
Code §3500 et seq.).
Section 2: TERM - EFFECTIVE DATES
The effective date of each Section is April 19, 2022 unless otherwise stated herein.
Section 3: MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all compensation, hours and other terms and conditions of employment presently enjoyed by Confidential /Nonrepresented employees shall remain in full force and effect unless changed su bsequent to meetings between the City and representatives of the Confidential/Nonrepresented employees.
Section 4: CITY REVENUES
Confidential/Nonrepresented employees are encouraged to shop in Fullerton.
Section 5: The SCHEDULE OF BASE SALARY RATES and the ALLOCATION
OF CLASSES TO SALARY RANGES
A. Appendix A reflects the schedule of base salary rates and allocation of classes to salary ranges.
B. Effective the first pay period after adoption of this Resolution, the base salary rates shall be adjusted by an across-the-board increase of 5.25%.
Section 6: OVERTIME PAY
Appendix A indicates the classifications which are exempt from the Fair Labor Standards Act (FLSA) with an (X). They are not eligible for overtime pay.
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All other classifications are non- exempt for purposes of the FLSA and shall receive overtime pay in accordance with the rules which govern non- exempt employees in the general employee bargaining unit.
Section 7: BILINGUAL PAY
An employee shall be eligible to receive an additional $ 60 per pay period if the following conditions are met:
A. The employee is required, as part of his/her regular public contact duties, to speak and/or translate by reading/writing one or more languages other than English.
B. The employee must p ass a language skills test approved or administered by the City.
Section 8: ACTING PAY
The pay provisions of the City's Acting Pay program (contained in Resolution 8485) are modified to provide that an employee: 1) shall receive Acting Pay beginning at the start of the first full shift following 80 hours actually work ed (not paid leave) of an Acting assignment; and 2) shall be paid for all time served in a subsequent Acting position if the employee has received Acting Pay for the same temporary classification within the preceding 12 months, and there are at least 40 consecutive hours actually worked (not paid leave) in the second Acting assignment.
Section 9: DEPUTY DIRECTOR ASSIGNMENT PAY
An employee shall receive, in addition to regular pay, Deputy Director Assignment Pay equal to 10% of his/her base hourly rate for any pay period during which he/she is assigned to deputy director duties and responsibilities in addition to duties and responsibilities of his/her regular classification subject to the following:
A. City has the unilateral right to assign an employee to the duties of a deputy director and to remove him/her from that position without cause or right of appeal.
B. Determination of an employee’s eligibility for a deputy director assignment shall be at the discretion of the Department Head and shall be based on employee performance, demonstrated readiness, and workload.
C. Deputy director assignments may be rotated among similarly eligible employees within a department at the discretion of the Department Head.
D. Any and all deputy director assignments must be approved in advance by the City Manager.
E. Only one employee per department may be assigned as a deputy director at any one time, except that, at the recommendation of the Department Head and approval by the City Manager, up to two employees may be assigned as a deputy director if two departments are consolidated to one.
F. City reserves the right to make no deputy director assignments within a department.
G. City reserves the right to make no deputy director assignments within the City.
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H. An employee receiving deputy director assignment pay shal l not be eligible for Acting Pay provided for in City Personnel Rules, Resolution 8485, Section 8 (B)(3).
Section 10: EXCEPTIONAL PERFORMANCE PAY
Confidential/Nonrepresented employees shall be eligible for the Exceptional Performance Pay program.
Section 11: TUITION REIMBURSEMENT
The rules and regulations governing tuition reimbursement for employees in the non- sworn management bargaining unit shall apply to C onfidential/Nonrepresented employees. The limit eligible for reimbursement under this pr ogram shall be $2,500 per fiscal year.
Section 12: SURVEYS
In determining what is adequate compensation, the parties shall use as a guideline the compensation provided to comparable employees in the following jurisdictions or any other jurisdictions dee med appropriate: Anaheim, Buena Park, Costa Mesa, Garden Grove, Huntington Beach, Newport Beach, Ontario, Orange, and Santa Ana.
Section 13: CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS)
A. The City's contract with CalPERS for miscellaneous employees shall apply t o Confidential/Nonrepresented unit employees.
B. The City shall pay the 1959 Survivor Benefits Premium for all employees.
C. Employees newly hired by the City after December 22, 2012, shall be subject to amendments made to the contract between the City and CalPERS effective December 23, 2012 and/or requirements under PEPRA that include the following:
1. Employees hired on or after December 23, 2012 who are not “new members” as defined under the Public Employees’ Pension Reform Act of 2013 (Cal. Gov. Code §7522 – 7522.74), hereinafter PEPRA, will have their final compensation calculated based on the provisions of California Government Code §20037. Final compensation shall be calculated based on the average of the highest three consecutive years.
2. Employees hired on or after January 1, 2013 who are “new members” as defined under Government Code §7522.04(f) shall be enrolled in the 2% @ 62 benefit plan mandated by PEPRA. (Cal. Gov. Code §7522.20)
3. Employees hired on or after January 1, 2013 who are “new members” as defined under PEPRA will have their final compensation calculated based on the provisions of California Government Code §7522.32 (highest average pensionable compensation for 36 consecutive months.)
4. For employees who are “new members” as defined under Government Code §7522.04(f), each employee shall pay his/her member contribution as Resolution No. 2022-XXX
determined by CalPERS (Cal. Gov. Code §7522.30). Such payments shall be made through payroll deductions.
5. Employees rehired after a period of separation from the City may also be subject to amendments or PEPRA in accordance with CalPERS rules and the law.
D. Employer-Paid Member Contributions – Employees Who Are Not “New Members” The provisions in Section 13 D shall apply only to employees who do not meet the definition of “new member” under the Public Employee Pension Reform Act of 2013 (PEPRA).
1. For employees who are not “new members” as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA), t he City shall pay the CalPERS normal member contribution (as defined in §206 77(a)(2) of the California Government Code) into each employee's account with CalPERS, pursuant to §20691 of the California Government Code. Effective July 14, 2018, the City’s payment of the normal member contribution was reduced by 1% of total compensation earnable (to 6% for Miscellaneous employees), with 1% of the normal member contribution paid by the employee. The City paid portion of the normal member contribution shall be included within the employee's compensation earnable that is reported to CalPERS, pursuant to §20636(c)(4) of the California Government Code.
2. Employees ineligible for this benefit pursuant to the Public Employees’ Pension Reform Act of 2013, (PEPRA) shall not be eligible for this benefit or any replacement benefit.
For employees who are not “new members” as defined by PEPRA, t his employer-paid member contri bution shall not be considered base salary, and is not taxable income, pursuant to §414(h)(2) of the Internal Revenue Code. However, should any state or federal agency alter the current income tax treatment of such payment, the consequences of such action shall be the sole responsibility of the affected employees and shall in no way alter any obligation of the City toward such employees.
3. Effective March 7, 2020, employees who are not “new members” as defined by PEPRA shall contribute 1.958 percent (1.958%) of their compensation earnable (as defined in Government Code §20636) toward the employer contribution rate (“cost sharing”). On December 23, 2012 , the City amended its CalPERS contract to provide that this portion of the contribution shall be made pursuant to Government Code Section §20516(a). In the event of a change in the law or legal determination that any portion of the employee contribution toward the employer rate is not allowable as agreed, the employer -paid member contributions shall be reduced by whatever portion is not allowable and the City may determine the appropriate modifications of benefits to offset this change.
Should legislation be enacted that requires employees pay any portion of the required member contribution, then the City shall take whatever action is necessary to reduce the amount of the employee pick-up of the employer Resolution No. 2022-XXX
contribution by the amount of the required payment by the employee of the member contribution to the extent possible.
Section 14: SOCIAL SECURITY
In the event the City and its employees are required to participate in the federal Social Security program, the City shall meet with the Confidential /Nonrepresented employees concerning implementation of the Social Security program.
Section 15: MEDICARE
Employees hired by the City on or after April 1, 1986 shall be required to pay the designated employee contribution to participate in the Medi care Program, and the City shall be under no obligation to pay or "pick up" any such contributions.
Section 16: HEALTH INSURANCE
A. Contributions – Employees
The City shall contribute the following monthly amounts toward the payment of premiums for employees and their dependents.
Single: $500
Two-Party: $1,000
Family: $1,400
These contributions shall remain in effect until superseded by Council Resolution.
The balance of the premiums for the tier and plan selected by the employee shall be paid by the employee.
B. Contributions - Retirees
1. For each person regularly employed for 20 cumulative years or more who retires subsequent to September 30, 1995 the City shall pay the same contribution provided to active employees for employee- only coverage under the City health plan chosen by the retiree, provided, however, for persons hired by the City on or after January 1, 2012, the maximum monthly contribution paid under this paragraph shall be Two Hundred Dollars ($200.00). With respect to any employee who retired between June 28, 1986 and September 30, 1995 the City shall pay 100% of the employee- only premium.
2. For each person regularly employed for ten or more cumulative years, but less than 20, and who retires subsequent to September 30, 1995 the City shall pay 50% of the contribution provided to ac tive employees for employee-only coverage under the City health plan chosen by the retiree, provided, however, for persons hired by the City on or after January 1, 2012, the maximum monthly contribution paid under this paragraph shall be One Hundred Dollar s ($100.00) . With respect to an employee who retired between June 28, 1986 and September 30, 1995 the City shall pay 50% of the employee-only premium.
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3. For each person regularly employed for five or more cumulative years, but less than 10, the City shall pay 25% of the contribution provided to active employees for employee-only coverage under the City heal th plan chosen by the retiree. Persons hired by the City on or after January 1, 2012 shall not be eligible for this benefit.
4. A “retiree” shall mean only those former employees who receive a CalPERS retirement allowance effective the day after official separation from City of Fullerton employment.
5. This obligation to pay health insurance premiums shall discontinue at such time as the retiree reaches age 65 or becomes eligible to enroll, automatically or voluntarily, in Medi-Cal or Medicare, whichever occurs first.
6. A retiree desiring to have health insurance coverage for dependents shall remit to the City a check for the amount of dependent coverage no later than the 15th of the month preceding the effective month of coverage.
C. Opt-Out
1. An employee may "opt -out" of the City's medical plan under these conditions:
a. The employee must sign a document stating his/her desire to waive medical insurance.
b. The employee must provide proof of other coverage, which shall be confirmed by the City each year prior to open enrollment. c. The employee may only re-enroll during 1) annual open enrollment, or 2) upon loss of coverage in accordance with the underwriting guidelines for each of the City's health plans.
2. Payment
a. Full-time employees shall receive a cash payment of $50 per pay period.
b. Part-time employees shall receive a cash payment as follows:
Cumulative Hours Worked Payment Per Pay Period
< 3,120 $0
≥3,120 $ 30.00
D. The City will implement a “flex credit” credit contribution in the amount of $50 per month paid in $25 increments for the first two pay periods of each month beginning January 2021. These “flex credits” shall be paid through a revised Section 125 Plan.
E. Effective April 1, 2020, or as soon thereafter as practical, the City will implement a voluntary benefits plan through The Standard Insurance Company. Employees may opt in to plans providing supplemental benefits for Accident, Hospital and Critical Illness covered incidents. Premiums for employee selections shall be deducted from the employee’s pay on a post-tax basis.
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F. The provisions of this Section are subject to change in accordance with changes negotiated with the Fullerton Management Association.
Section 17: REIMBURSEMENT ACCOUNT PROGRAM
A. The City's Reimbursement Account Program shall be made available to all employees.
B. Pursuant to said program, an employee may request that eligible expenses be paid or reimbursed by the City out of his/her account, with the employee's base salary being reduced by the amount of any such payments or reimbursements.
C. Each employee with a payroll deduction for medical and dental insurance premiums shall have his/her salary reduced by the amount of those deductions on a before-tax basis.
Section 18: LONG-TERM DISABILITY INSURANCE
A. The City shall pay 100% of the premium for a City -owned Long-Term Disability insurance policy affording coverage to each active employee.
B. The policy shall have an elimination period of 55 calendar days of continuous disability. Any time after the expiration of the elimination period, the employee may apply for Long- Term Disability insurance or may continue to use accrued leave pursuant to the City’s policy thereon.
C. The maximum benefit shall be at a minimum 60% of the eligible employee’s PREDISABILITY EARNINGS as defined in the policy document, or $6,000 per month, whichever is less. This maximum benefit shall be calculated in accordance with policy definitions.
Section 19: LIFE INSURANCE
The City shall provide group term life insurance equal to annual base salary for all affected employees. In compliance with the City's current life insurance contract, employees at age 70 shall have benefits reduced by 35%, and employees at age 75 shall have benefits reduced by 50%. Each employee may purchase additional City group term life insurance.
Section 20: VISION INSURANCE
The City shall provide vision care insurance to employees enrolled in one of the City sponsored Cigna medical plans , and to any dependents t hey have enrolled in such medical plans and pay the lesser of the premium for such coverage or $24.88 per month.
Effective as soon as practical following ratification of this agreement, employees enrolled in the City sponsored Kaiser medical plan shall be enrolled in the vision plan with the same City contribution as stated above.
Section 21: DENTAL INSURANCE
The City shall pay up to an amount equal to the family premium rate for the prepaid dental plan for employee and dependent coverage under any group dental insurance plan administered or approved by the City.
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A retiree (as defined in Section 16) and his/her eligible dependents may subscribe to a City dental plan by paying the full premium for the coverage chosen. A retiree desiring to have dental coverage for himself/herself or for dependents shall remit to the City a check for the amount of the premium no later than the 15th of the month preceding the effective month of coverage.
Section 22: SELF-INSURANCE
The City shall have the right to provide all or any portion of the benefits presently available under any existing health, long- term disability, dental, or vision plan through a self - insurance program or, in the case of vision insurance, via a contract with a direct provider; however, the election of such option shall not cause affected employees to suffer any loss of benefits or coverage.
Section 23: CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 (COBRA)
Employees who are allowed to remain on a City health or dental insurance plan following separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee).
Section 24: HOLIDAY LEAVE PROGRAM
A. The following days shall be recognized Holidays for employees of this unit:
1. January 1, New Year's Day
2. The third Monday in February, Presidents' Day
3. The last Monday in May, Memorial Day
4. July 4, Independence Day
5. The first Monday in September, Labor Day
6. November 11, Veteran's Day
7. Thanksgiving Day
8. The Friday following Thanksgiving Day
9. December 24, Christmas Eve
10. December 25, Christmas Day
11. December 31, New Year's Eve
B. No other day shall be such a holiday unless it is a non-recurring holiday designated specifically by the President of the United States and/or the Governor of California and approved by the City Council.
C. An employee will receive holiday leave time in the amount of 9 hours or the length of the employee’s work shift, whichever is less, to be used when a designated City holiday occurs and employee works in a location, facility or program that is closed on the holiday, and the holiday falls on the employee’s regular workday, and the employee is not required to w ork. The hours will be paid on the day the holiday occurs except as provided in D and E of this Section. There shall be no additional cash value for holiday leave hours.
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D. An employee who is required to work on a holiday will receive, in addition to his/her normal pay for the day, holiday discretionary paid leave time in the amount of 9 hours or the length of the employee’s work shift, whichever is less, to be used at a later time in accordance with rules set forth herein.
E. An employee will receive holiday discretionary leave time in the amount of 9 hours or the length of the employee’s work shift, whichever is less, when a City designated holiday falls on a day that is not a regular wor kday for the employee.
These hours may be used at a later time in accordance with rules set forth herein.
F. Holiday discretionary leave time received under this Section must be used during the fiscal year in which it is received. Hours not used will expire. There will be no cash value associated with the holiday discretionary leave hours received under this provision.
Section 25: VACATIONS
A. Accrual
1. Each employee shall accrue vacation credit with pay in accordance with the following table:
# of Hours
Amount of Current Service Annually Bi-Weekly
<10 Years 120 4.62
≥10 Years 128 4.93
≥11 Years 136 5.24
≥12 Years 144 5.54
≥13 Years 152 5.85
≥14 Years 160 6.16
≥20 Years 168 6.46
≥25 Years 176 6.77
The City Manager may authorize an FLSA-exempt employee to earn vacation credit at any of the rates described above, up to 160 hours annually.
2. Vacation credit shall accrue each pay period in which the employee has worked or used paid leave except sick leave at least one full regular work shift. An employee absent on sick leave or unpaid leave of absence for an entire pay period shall not receive vacation credit for that pay period.
B. Usage
1. First Vacation: A new employee’s first vacation may not be taken until he/she has worked for 13 pay periods. Absences such as sick leave or unpaid leave for an entire pay period shall not be considered time worked for this purpose.
2. Department Head Approval: No vacation absence with pay may be taken without approval by the d epartment head or desig nee. The department head shall schedule and approve vacation for his/her employees as requested or at such other time as will achieve the most efficient functioning Resolution No. 2022-XXX
of the department and to avoid any loss of vacation by reason of the accumulation limit provided herein.
C. Accumulation Limit
An employee may accumulate vacation credits, with the right to take or be paid for if not taken, up to twice his/her annual vacation allowance. Vacation credits earned beyond the maximum are forfeited, with the following exception:
When any written request by an employee to take vacation is refused or not acted upon by the department head and the employee is not allowed other vacation time off to prevent a loss of vacation credits, the employee shall be paid at the straight time salary rate then in effect not only for the time worked, but also for the vacation time that would have been credited to him/her for working were it not for said accumulation limit. This payment shall continue until such time as the employee is permitted to take a vacation.
D. Annual Conversion
At the end of each payroll year, an eligible employee may convert up to 80 hours of unused vacation time into cash, payable at the base salary rate in effect at the time of conversion. Such conversions shall be made concurrently with the annual conversion of sick leave.
To be eligible, an employee must have completed his/her initial probation period; must have actually taken (not converted) at least 40 hours of vacation in the preceding payroll year; and must have at least 80 hours of vacation remaining after such conversion.
E. Separation From Employment
An employee who separates from employment by resignation, layoff or otherwise, shall be paid the balance of his/her accumulated vacation credits at the salary rate in effe ct on the date of separation. In the case of the employee's death, the balance shall be paid to the employee's designee or, if no designee, to the employee's estate.
Section 26: SICK LEAVE
A.
1. Each regular full -time employee shall earn and accumulate 3.69 hours of sick leave for each pay period in which the employee has worked at least one full regular workday. An employee absent on vacation shall receive sick leave credit, but an employee absent on sick leave or unpaid leave of absence for an entire pay period shall not receive sick leave credit for that period.
2. Each employee regularly scheduled to work less than 40 hours per workweek shall accrue sick leave at the rate of three (3) hours per pay period. Any employee who converts from a regular forty -hour workweek to a workweek of less than forty hours, shall retain for use all of his/her accrued sick leave balances at the time of the workweek reduction.
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B. Sick Leave Usage
An employee shall be allowed to use his/her accumulated sick leave as follows:
1. Absences relating to the health of the employee:
a. Personal illness or physical incapacity;
b. Medical or dental appointments;
c. Forced quarantine in accordance with community health regulations;
2. Absences relating to the health of the employee’s family:
a. Health conditions of or medical or dental appointments for the employee’s spouse, parents, children, stepchildren, brother, sister, mother-in-law, father-in-law and others as required by law in a total amount not to exceed 48 hours in a payroll year.
b. The care of an employee’s newborn child/children or the placement with an employee of a son or daughter for adoption or foster care within the first 12 months after birth or placement, for up to 96 hours. c. The serious health condition of a family member which qualifies under the Family and Medical Leave Act (FMLA), provided that the employee has submitted all necessary documentation to the Human Resources Department certifying the condition qualifies for FMLA.
In no event shall the total time taken pursuant to 2.a, 2.b and 2.c exceed 480 hours in any 12- month period. This maximum limit of 480 hours shall be reduced by any time taken pursuan t to the employee’s own FMLA qualifying condition(s) within such rolling 12- month period except as otherwise required by law.
C. Approval of Sick Leave
1. Sick leave may be granted only when an employee has sick leave credits.
The first sick leave with pay may not be taken before the 90 th day following
employment with the City. No payment for sick leave shall be made without the approval of the department head or designee.
2. Prior to resuming work after taking three or more consecutive shifts of sick leave, an employee shall submit a physician's written certification of the medical necessity for his/her absence from work and a written release stating that he/she is able to perform his/her normal or modified job duties.
For example, an employee absent on Monday, Tuesday and Wednesday must provide this release before resuming work on Thursday.
If the absence of three or more consecutive shifts is for family ill ness (See B2 above), the employee shall submit certification from the attending physician of the family member’s medical condition during the length of absence for which paid leave is requested. The physician’s certification shall verify that the family member had an illness, injury, or medical procedure during the period of time for which paid leave is requested. However, the certification shall not be required to include a diagnosis or description of injury or treatment.
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D. Bereavement Leave
The death of a member of the employee’s immediate family shall entitle the affected employee to be absent for three shifts (not to exceed 27 hours) and such absence shall not be charged to sick leave. An employee may also use two shifts (not to exceed 18 hours) of their accumulated sick leave per incident for bereavement purposes, and the City Manager may authorize up to an additional five shifts (not to exceed 45 hours) of sick leave usage for bereavement purposes when appropriate.
The definition of “immediate family” for the purpose of bereavement leave shall include the employee’s spouse, parents, children, stepchildren, brother, sister, mother-in-law, father-in-law, grandparent, grandchild, stepparent , legal guardian and others as required by law.
E. Annual Optional Conversion of Sick Leave
Employees hired on or after June 29, 1996 are not eligible for this conversion program.
1. A person who has been regularly employed by the City for the full preceding calendar year and has at least 24 hours of unused sick leave remaining from the preceding payroll year may convert a fixed percentage of the unused portion of those credits to either of the following:
a. Up to 50% to vacation credits; or
b. U p to 50% to cash, to be paid at the employee's base salary rate.
An eligible employee who does not use sick leave during the preceding payroll year may convert up to 60% to cash or vacation, to be paid at the employee's base salary rate.
F. Payment for Unused Sick Leave Upon Separation
Payment for unused sick leave upon separation shall be awarded to persons regularly appointed to any City classification on or before August 31, 1983 and employed continuously thereafter. All others are ineligible for this benefit.
1. If an eligible employee dies or retires, 55% of the unused sick leave credits accumulated will be paid to the employee or, in the case of the employee's death, to the employee's designee or, if no designee, to the employee's estate. Such payment will be at the base salary rate in effect at the time of separation.
2. An eligible employee, who separates after ten years of continuous service for any reason other than death or retirement, shall be compensated for 55% of the unused balance of all accumulated sick leave credits in excess of 960 hours, to be paid at the base salary rate in effect at the time of separation.
G. All sick leave credits not taken as sick leave or otherwise converted shall remain within the employee's accumulated sick leave credits.
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H. The City Manager may authorize a new employee to have up to 440 hours of sick leave credit. Such credit shall be available only for use as described in B above and shall not be available for any other use.
Section 27: WORK SCHEDULE REDUCTION
Where service to the public permits ; a full -time employee may reduce his/her work schedule. Such reductions must result in cost savings to the City and are subject to approval by the City Manager, the Director of Human Resources, and the affected department head.
A work schedule reduction can take either of two forms:
A. The policy regarding time off will be relaxed to allow employees to take unpaid time off in lieu of vacation; insurance, increment pay, leave accruals and retirement will not be affected. This will be subject to the following:
1. Unpaid time must not exceed 10% of any pay period.
2. An employee will not be allowed to exceed his/her vacation maximum. In other words, when the employee is at or near the vacation accumulation limit, vacation must be used and unpaid time will not be authorized.
3. Taking unpaid time shall not result in overtime pay or comp time.
B. When an employee wants to take off more than 10% of the time, he/she may, at the discretion of the City, reduce his/her schedule to three quarter time or half time.
In this category, there is no reduction in insurance benefits but paid leave accruals, increment pay, and tuition reimbursement are reduced to three-quarter or half-time and CalPERS service credit is reduced accordingly. Except that sick leave shall accrue in accordance with Section 26 A2 during the work reduction period.
C. To be eligible for this program, an employee must have passed the initial probation period.
Section 28: BENEFITS FOR PART-TIME EMPLOYEES
A. Persons appointed on a part-time basis shall receive only the benefits listed below upon appointment:
1. CalPERS –in accordance with Section 13.
2. Eligible for jury duty pay and tuition reimbursement on a basis proportionate to hours worked (i.e., 50% or 75% of the full-time rate) under the same rules and practices which apply to full-time employees.
3. Eligible to accrue and use vacation credit in accordance with the following table and existing rules and practices:
Amount of Current
Service
# of hours - biweekly
50% 75%
< 5 years 2.000 3.000
≥ 5 years 2.310 3.460
≥ 10 years 2.465 3.698
≥ 11 years 2.620 3.930
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≥ 12 years 2.770 4.155
≥ 13 years 2.925 4.387
≥ 14 years 3.080 4.620
Vacation credits may be used in accordance with the provisions of Section 25 A2, B1, B2, C and E.
Sick leave shall accrue in accordance with Section 26 A2.
Employees who regularly work 30 or more hours per week or are assigned to a City position requiring health insurance coverage under the Affordable Care Act, shall be eligible for health insurance coverage per the provisions of Section 16.
The City shall have the option to provide greater benefits or to provide the above benefits at an earlier date to a person employed in an FLSA exempt classification, as listed in Appendix A.
B. If a part-time employee becomes full-time, the time served as a part-time employee shall be counted for purposes of vacation accrual.
Section 29: JURY DUTY
When an employee is duly summoned to jury duty, he/she shall receive his/her regular pay for any regularly scheduled working hours spent in actual performance of such service. If the employee receives $50 or more for such service, the employee shall remit to the City all fees and allowances payable for such service, less reimbursements from the court for meals, travel, or lodging.
Employees who have the option to request call-in juror status shall exercise that option.
Section 30: MANAGEMENT LEAVE
Non-exempt employees hired into this unit from any source on or after June 29, 1996 are not eligible for management leave.
A. Each employee shall be eligible for up to 32 hours (36 hours for employees on a synchronized 9/80 schedule) of management leave each fiscal year. Additional time may be granted at the discretion of the department head.
B. Such leave shall not accrue past the maximum. Unused management leave shall be lost at the end of each fiscal year and shall not be converted to any other form of compensation.
C. An employee who separates prior to the end of a fiscal year shall have deducted from the final paycheck or vacation balance any management leave that would be considered advance payment.
Section 31: WORKERS' COMPENSATION PROGRAM
The rules governing Workers' Compensation for employees in the non- sworn management bargaining unit shall apply to Confidential/Nonrepresented employees.
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Section 32: PAYROLL SYSTEM
The City shall utilize the biweekly pay system. Pay periods shall begin at 12:01 A.M. every other Saturday, and end at midnight on 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 to this is when that Friday is a City holiday, the payday shall fall on the preceding business day.
Each affected employee shall participate in the City’s direct deposit payroll program.
Section 33: ALTERNATE WORK SCHEDULES
Confidential/Nonrepresented unit employees are eligible for the City’s alternate work schedule program, as provided in the City’s Agreement with the general employee bargaining unit.
Section 34: DISCRETIONARY PERSONAL LEAVE
Discretionary personal leave accumulated and not used prior to approval of this Resolution will be available for employee use until such time as the employee separates from the City and subject to the same terms of use as apply to members of the Fullerton Management Association.
ADOPTED BY THE FULLERTON CITY COUNCIL on April 19, 2022.
__________________________
Fred Jung, Mayor
ATTEST:
________________________________
Lucinda Williams, MMC
City Clerk
Date
Attachment:
• Appendix A - Confidential/Nonrepresented Salary Schedule
RANGE STEPS
NO. CLASS TITLE 1 2 3 4 5 6
800 Approx. Annual 42,992 45,141 47,398 49,768 52,256 54,869 Approx. Monthly 3,583 3,762 3,950 4,147 4,355 4,572
Approx. Bi-Weekly 1,654 1,736 1,823 1,914 2,010 2,110
Hourly 20.669 21.702 22.788 23.927 25.123 26.379
803 Approx. Annual 44,517 46,743 49,080 51,534 54,111 56,817 Approx. Monthly 3,710 3,895 4,090 4,295 4,509 4,735
Approx. Bi-Weekly 1,712 1,798 1,888 1,982 2,081 2,185
Hourly 21.403 22.473 23.596 24.776 26.015 27.316 805 Approx. Annual 47,845 50,237 52,749 55,387 58,156 61,064 Approx. Monthly 3,987 4,186 4,396 4,616 4,846 5,089
Approx. Bi-Weekly 1,840 1,932 2,029 2,130 2,237 2,349 Hourly 23.002 24.153 25.360 26.628 27.960 29.358
809 Administrative Assistant - Confidential
Annual 50,028 52,529 55,155 57,913 60,809 63,849
Approx. Monthly 4,169 4,377 4,596 4,826 5,067 5,321
Approx. Bi-Weekly 1,924 2,020 2,121 2,227 2,339 2,456
Hourly 24.052 25.254 26.517 27.843 29.235 30.697
810 Human Resources Technician I Payroll Technician I
Approx. Annual 50,238 52,750 55,387 58,156 61,064 64,118 Approx. Monthly 4,186 4,396 4,616 4,846 5,089 5,343
Approx. Bi-Weekly 1,932 2,029 2,130 2,237 2,349 2,466
Hourly 24.153 25.360 26.628 27.960 29.358 30.826
820 Approx. Annual 54,804 57,545 60,422 63,443 66,615 69,946 Approx. Monthly 4,567 4,795 5,035 5,287 5,551 5,829
Approx. Bi-Weekly 2,108 2,213 2,324 2,440 2,562 2,690
Hourly 26.348 27.666 29.049 30.501 32.027 33.628
840 Employee Benefits Specialist Payroll Technician II Human Resources Technician II
Approx. Annual 57,611 60,492 63,516 66,692 70,027 73,528 Approx. Monthly 4,801 5,041 5,293 5,558 5,836 6,127
Approx. Bi-Weekly 2,216 2,327 2,443 2,565 2,693 2,828
Hourly 27.698 29.082 30.537 32.063 33.667 35.350
Effective April 30, 2022
ALLOCATION OF CLASSES TO SALARY RANGES
SCHEDULE OF BASE SALARY RATES AND
CONFIDENTIAL/NONREPRESENTED UNIT
Confidential/Nonrepresented Salary Schedule
Confidential/Nonrepresented Unit Effective 4/30/22 per Reso 2022-XXX approved and adopted on 4/19/22
Appendix A
RANGE STEPS
NO. CLASS TITLE 1 2 3 4 5 6
843 Budget Analyst I
Approx. Annual 58,833 61,774 64,863 68,106 71,511 75,087 Approx. Monthly 4,903 5,148 5,405 5,676 5,959 6,257
Approx. Bi-Weekly 2,263 2,376 2,495 2,619 2,750 2,888
Hourly 28.285 29.699 31.184 32.743 34.380 36.099
860 Approx. Annual 61,740 64,827 68,068 71,472 75,045 78,797 Approx. Monthly 5,145 5,402 5,672 5,956 6,254 6,566
Approx. Bi-Weekly 2,375 2,493 2,618 2,749 2,886 3,031
Hourly 29.683 31.167 32.725 34.361 36.079 37.883
863 Executive Assistant
Annual 63,377 66,546 69,874 73,367 77,036 80,887
Approx. Monthly 5,281 5,546 5,823 6,114 6,420 6,741
Approx. Bi-Weekly 2,438 2,559 2,687 2,822 2,963 3,111
Hourly 30.470 31.993 33.593 35.273 37.036 38.888 865 Approx. Annual 65,851 69,144 72,601 76,231 80,042 84,045 Approx. Monthly 5,488 5,762 6,050 6,353 6,670 7,004
Approx. Bi-Weekly 2,533 2,659 2,792 2,932 3,079 3,232
Hourly 31.659 33.242 34.904 36.649 38.482 40.406
870 Human Resources/Risk Management Analyst (X)
Approx. Annual 68,277 71,691 75,275 79,039 82,991 87,140 Approx. Monthly 5,690 5,974 6,273 6,587 6,916 7,262
Approx. Bi-Weekly 2,626 2,757 2,895 3,040 3,192 3,352
Hourly 32.825 34.467 36.190 37.999 39.899 41.894
873 Budget Analyst II (X)
Approx. Annual 69,422 72,893 76,537 80,364 84,383 88,602 Approx. Monthly 5,785 6,074 6,378 6,697 7,032 7,383
Approx. Bi-Weekly 2,670 2,804 2,944 3,091 3,245 3,408
Hourly 33.376 35.045 36.797 38.637 40.569 42.597
875 Approx. Annual 71,858 75,451 79,224 83,185 87,344 91,711 Approx. Monthly 5,988 6,288 6,602 6,932 7,279 7,643
Approx. Bi-Weekly 2,764 2,902 3,047 3,199 3,359 3,527
Hourly 34.547 36.275 38.088 39.993 41.992 44.092
877 Approx. Annual 76,497 80,322 84,338 88,555 92,983 97,632 Approx. Monthly 6,375 6,694 7,028 7,380 7,749 8,136
Approx. Bi-Weekly 2,942 3,089 3,244 3,406 3,576 3,755
Hourly 36.778 38.616 40.547 42.575 44.703 46.938
Confidential/Nonrepresented Salary Schedule
Confidential/Nonrepresented Unit Effective 4/30/22 per Reso 2022-XXX approved and adopted on 4/19/22
Appendix A
RANGE STEPS
NO. CLASS TITLE 1 2 3 4 5 6
880 Approx. Annual 79,339 83,306 87,471 91,845 96,437 101,259 Approx. Monthly 6,612 6,942 7,289 7,654 8,036 8,438
Approx. Bi-Weekly 3,051 3,204 3,364 3,532 3,709 3,895
Hourly 38.144 40.051 42.053 44.156 46.364 48.682
881 Public Information Coordinator (X) Senior Budget Analyst (X) Approx. Annual 81,918 86,014 90,314 94,830 99,571 104,550 Approx. Monthly 6,826 7,168 7,526 7,902 8,298 8,713
Approx. Bi-Weekly 3,151 3,308 3,474 3,647 3,830 4,021
Hourly 39.383 41.353 43.420 45.591 47.871 50.264
883 Human Resources Manager I (X)
Approx. Annual 84,138 88,344 92,762 97,400 102,270 107,383 Approx. Monthly 7,011 7,362 7,730 8,117 8,522 8,949
Approx. Bi-Weekly 3,236 3,398 3,568 3,746 3,933 4,130
Hourly 40.451 42.473 44.597 46.827 49.168 51.627
885 Approx. Annual 86,870 91,213 95,774 100,562 105,591 110,870 Approx. Monthly 7,239 7,601 7,981 8,380 8,799 9,239
Approx. Bi-Weekly 3,341 3,508 3,684 3,868 4,061 4,264
Hourly 41.764 43.852 46.045 48.347 50.765 53.303
890 Budget and Purchasing Manager (X)
Approx. Annual 89,427 93,898 98,593 103,523 108,699 114,134 Approx. Monthly 7,452 7,825 8,216 8,627 9,058 9,511
Approx. Bi-Weekly 3,439 3,611 3,792 3,982 4,181 4,390
Hourly 42.994 45.143 47.400 49.770 52.259 54.872
895 Human Resources Manager II (X)
Approx. Annual 93,864 98,557 103,485 108,659 114,092 119,797 Approx. Monthly 7,822 8,213 8,624 9,055 9,508 9,983
Approx. Bi-Weekly 3,610 3,791 3,980 4,179 4,388 4,608
Hourly 45.127 47.383 49.753 52.240 54.852 57.595
896 Approx. Annual 97,286 102,150 107,258 112,621 118,252 124,164 Approx. Monthly 8,107 8,513 8,938 9,385 9,854 10,347
Approx. Bi-Weekly 3,742 3,929 4,125 4,332 4,548 4,776
Hourly 46.772 49.111 51.566 54.144 56.852 59.694
897 Fiscal Services Manager (X) Risk Manager (X)
Approx. Annual 99,477 104,451 109,674 115,157 120,915 126,961 Approx. Monthly 8,290 8,704 9,139 9,596 10,076 10,580
Approx. Bi-Weekly 3,826 4,017 4,218 4,429 4,651 4,883
Hourly 47.826 50.217 52.728 55.364 58.132 61.039
Confidential/Nonrepresented Salary Schedule
Confidential/Nonrepresented Unit Effective 4/30/22 per Reso 2022-XXX approved and adopted on 4/19/22
Appendix A
RANGE STEPS
NO. CLASS TITLE 1 2 3 4 5 6
898 * City Clerk / Clerk Services Manager (X)
Approx. Annual 101,483 106,557 111,885 117,479 123,353 129,520 Approx. Monthly 8,457 8,880 9,324 9,790 10,279 10,793
Approx. Bi-Weekly 3,903 4,098 4,303 4,518 4,744 4,982
Hourly 48.790 51.229 53.791 56.480 59.304 62.269
(Plus $225 per month as appointed City Clerk)
899 Assistant to the City Manager/Economic Development Manager (X) Approx. Annual 118,915 124,861 131,104 137,659 144,542 151,769 Approx. Monthly 9,910 10,405 10,925 11,472 12,045 12,647 Approx. Bi-Weekly 4,574 4,802 5,042 5,295 5,559 5,837
Hourly 57.171 60.029 63.031 66.182 69.491 72.966
(X) = F.L.S.A. Exempt Classifications
* = NonRepresented
Confidential/Nonrepresented Salary Schedule
Confidential/Nonrepresented Unit Effective 4/30/22 per Reso 2022-XXX approved and adopted on 4/19/22
Appendix A