RESOLUTION NO. 20222023-039XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, RELATING TO COM PENSATION FOR CONFIDENTIAL/
NONREPRESENTED EMPLOYEES, AND SUPERSEDING RESOLUTION
20212022-039 AND RESOLUTION 2022-076
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 duties, 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 August 15, 2023 unless otherwise stated herein.
Section 3: MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all compensati on, hours and other terms and conditions of employment presently enjoyed by Confidential/Nonrepresented employees shall remain in full force and effect unless changed subsequent 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 peri od after adoption of this Resolution, the base salary rates shall be adjusted by an across-the-board increase of 5.25%.
The schedule of base salary rates is contained in Appendix A.
Base salary rates shall be adjusted by across-the-board increases according to the following schedule:
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Eight percent (8%) base salary increase e ffective the first full pay period after August 15, 2023.
Four percent (4%) base salary increase eff ective the first full pay period after July 1, 2024.
Four percent (4%) base salary increase eff ective the first full pay period after July 1, 2025.
Three percent (3%) base salary increase effective the first full pay period after July 1, 2026.
Section 6: RE TENTION PAY BONUS
Effective January 1, 2024, the City shall provide retenti on bonus in the form of a one-time gross lump sum payment when an employee achieves any of the following milestones of completed full-time regular service with the City:
10 years: $2,500
15 years: $3,000
20 years: $4,500
Effective January 1, 2024, eligible em ployees will receive the gross lump sum payment for the milestone that they most recently passed.
Subsequent to the January 1, 2024 retention pay bonus payments, employees shall be responsible for submitting a notification form to Human Resources prior to the date they become eligible to receive any future retention pay bonuses. Subsequent retention pay bonus payments shall be made on the second pay date following receipt of notification to Human Resources.
This provision shall automatically exp ire on June 30, 2027, unless modified or revoked by the City Council prior to this date. The City shall no longer have an obligation to make retention bonuses beyond the date of expiration.
Section 67: 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.
All other classifications are non-exempt fo r 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 8: EMERGENCY DUTY PAY
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An FLSA-exempt employee shall be compensated at his/her base hourly rate when required to perform emergency du ties. For purposes of this section, “emergency” and “emergency duty” shall be defined as follows:
Emergency: An unforeseen situation that calls for immediate action, or an urgent need for assistance or relief, in order to provide or maintain the continuity of essential services to the public.
Emergency Duty: Duty by an employee required to report or return to duty, or required to be held over beyond the employee’s normal end of shift, in order to meet an emergen cy at a time that the employee would not ordinarily have been on duty.
Emergency Duty status and eligibility for Emergency Duty Pay shall be determined by the employee’s Department Head or designee, and shall be reported monthly to the City Manager.
Examples of circumstances which may qua lify for Emergency Duty Pay include after-hours call-backs or hold-overs beyond the employee’s normal end of shift for reasons such as:
Assessment of conditions of privat e and/or public property damage which may pose a danger to the public;
Cleanup and repair of dangerous conditions, such as water/sewer main breaks, street sinkholes, downed tr ee limbs, and other damaged City infrastructure;
Lack of backup or subordinate staff to continue essential operations;
Required service as an Emergency Service Worker;
Attending to critical administrative functions which could impact service to the public or the City’s obligations to its employees (e.g., emergency procurement, or attending to time-sensitive payroll and personnel matters);
Required to respond to a notification to secure a City facility or property, such as responding to a security alarm call.
Any other emergency as determined by the employee’s Department Head, City Manager, or City Council.
Emergency Duty Pay is not intended to compensate represented employees for routine overtime for which the employee is already exempt under the FLSA.
Section 9: COMPENSATION FOR CITY-SPONSORED EVENTS
Resolution No. 20222023-039XXX
An FLSA-exempt employee with responsibilities for the production of the specified City-sponsored events set forth below, or required to work on the days of such specified events managing City facilities rented for private events, shall be entitled to receive their regular compensation at time and one-half rate for any hours worked on the days of the events which ar e in excess of the employee’s regularly scheduled 40-hour work week.
This compensation is limited to only the following specified events:
Fourth of July
First Night
Arbor Day
Veteran’s Day
Section 710: 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 pass a language skills test approved or administered by the City.
Section 811: ACTING PAY
The pay provisions of the Cit y’s Acting Pay program (contained in Resolution 8485) are modified to provide that an employee: 1) s hall receive Acting Pay beginning at the start of the first full shift following 80 hours actua lly worked (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 sa me temporary classification within the preceding 12 months, and t here are at least 40 consecutiv e hours actually worked (not paid leave) in the second Acting assignment.
Section 912: 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 re sponsibilities 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.
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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 rotat ed 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 reco mmendation of the D epartment 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.
H. An employee receiving deputy director a ssignment pay shall not be eligible for Acting Pay provided for in City Personnel Rules, Resolution 8485, Section 8 (B)(3).
Section 1013: EXCEPTIONAL PERFORMANCE PAY
Confidential/Nonrepresented employees shall be eligible for the Exceptional Performance Pay program.
Section 1114: TUITION REIMBURSEMENT
The rules and regulations governing tuition reimbursement for employees in the non- sworn management bargaining unit shall apply to Confidential/Nonrepresented employees. The limit eligible for reimbursement under this program shall be $2,500 per fiscal year.
Section 1215: SURVEYS
In determining what is adequate compensation, the parties shall use as a guideline the compensation provided to comparable employ ees in the following jurisdictions or any other jurisdictions deemed appropriate: A naheim, Buena Park, Costa Mesa, Garden Grove, Huntington Beach, Newport Beach, Ontario, Orange, and Santa Ana.
Section 1316: CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)
A. The City’s contract with CalPERS for miscellaneous employees shall apply to Confidential/Nonrepresented unit employees.
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B. The City shall pay the 1959 Survivor Benefits Premium for all employees.
B.C. Credit for Unused Sick Leave, Cal. Go v. Code §20965. An employee covered under the Miscellaneous category who is not eligible for benefits under Section 29(F) Payment for Unused Sick Leave upon Separation shall receive additional service credit for the bala nce of his/her unused sick leave upon retirement from the City, converted pe r the terms of the CalPERS contract amendment.
C.D. Employees newly hired by the City after December 22, 2012, shall be subject to amendments made to the contract between the Cit y and CalPERS effective December 23, 2012 and/or requirements under PEPRA that include the following:
1. Employees hired on or after De cember 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 Januar y 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 Januar y 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 mem bers” as defined under Government Code §7522.04(f), each employee shall pay his/her member contribution as 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 t he City may also be subject to amendments or PEPRA in accordance with CalPERS rules and the law.
D.E. Employer-Paid Member Contributions (EPMC) – Employees Who Are Not “New Members”
The provisions in Section 1316 (DE) 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), the City shall pay the Resolution No. 20222023-039XXX
CalPERS normal member contribution (as defined in §20677(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.
a. Effective the first full pay period that includes July 1, 2024 the City’s EPMC contribution shall be reduced by 1.958 percent (1.958%), with
2.958 percent (2.958%) of the normal member contribution paid by the employee.
b. Effective the first full pay period that includes July 1, 2025 the City’s EPMC contribution shall be reduced by an additional 2.021 percent (2.021%), with 4.979 pe rcent (4.979%) of the normal member contribution paid by the employee.
Employees impacted by this reduction in the City’s EPMC contribution shall receive a one-ti me “non-PERSable” payment of $2,000, payable in the first full pay period that includes July 1, 2025.
c. Effective the first full pay period that includes July 1, 2026 the City’s EPMC contribution shall be reduced by an additional 2.021 percent (2.021%), with 7.0 percent (7.0%) of the normal member contribution paid by the employee.
Employees impacted by this reduction in the City’s EPMC contribution shall receive a one-ti me “non-PERSable” payment of $2,000, payable in the first full pay period that includes July 1, 2026.
2. Employees ineligible for this benef it pursuant to the Public Employees’ Pension Reform Act of 2013, (PEPRA) s hall not be eligible for this benefit or any replacement benefit.
For employees who are not “new mem bers” as defined by PEPRA, this employer-paid member contribution s hall 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 c onsequences of such action shall be the sole responsibility of the affect ed 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 Resolution No. 20222023-039XXX
contribution rate (“cost sharing”). On December 23, 2012, the City amended its CalPERS contract to prov ide that this portion of the contribution shall be made pursuant to Gove rnment 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.
a. Effective the first full pay peri od that includes July 1, 2024, the Employee cost-sharing contribution shall be reduced by 1.958 percent (1.958%).
4. Should legislation be enacted that requires empl oyees 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 contribution by the amount of the required payment by the employee of the member contribution to the extent possible.
Section 1417: SOCIAL SECURITY
In the event the City and its employees are required to parti cipate in the federal Social Security program, the City s hall meet with the Confidenti al/Nonrepresented employees concerning implementation of the Social Security program.
Section 1518: MEDICARE
Employees hired by the City on or after April 1, 1986 s hall be required to pay the designated employee contribution to participat e in the Medicare Pr ogram, and the City shall be under no obligation to pay or “pick up” any such contributions.
Section 1619: 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.
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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 em ployees for employee-only coverage under the City health plan chosen by t he retiree, provided, however, for persons hired by the City on or after January 1, 2012, the maximum monthly contribution paid under this paragr aph shall be Two Hundred Dollars ($200.00). With respect to any employee who retired between June 28, 1986 and September 30, 1995 t he City shall pay 100% of the employee- only premium.
1.2. For each person who 1) was hired be fore January 1, 2012, 2) has been regularly employed for 20 cumulative years or more, and 3) who retires from the date this Resolution is approved by the City Council through December 31, 2024 only, the City shall provide a monthly medical contribution of $550. Any such retiree shall not be eligible for any other retiree medical benefits provided under Section 19(B).
2.3. For each person regularly employed for t en or more cumulative years, but less than 20, and who retires subsequent to September 30, 1995 the City shall pay 50% of the c ontribution 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 One Hundred Dollars ($100.00). With re spect to an employee who retired between June 28, 1986 and September 30, 1995 the City shall pay 50% of the employee-only premium.
3.4. For each person regularly employed for fi ve 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 health plan chosen by the retiree. Persons hired by the City on or after January 1, 2012 shall not be eligible for this benefit.
4.5. For any employee that retires after the effective date of this Resolution and up to June 30, 2027, the City will reimburse such retirees who live outside of the City’s Medical Network for the actual cost of procuring comparable health insurance in an amount not to exceed what the City would otherwise be obligated to pay on behalf of the retiree pursuant to Section 19(B) of this Resolution. This obligation shall continue until the retiree reaches age 65 or becomes eligible to enroll, automatically or voluntarily, in Medi-Cal or Medi care, whichever o ccurs first.
Reimbursement is subject to the retiree submitting proof of payment to the City for coverage in a health plan that is comparable to the City’s health plan and meets the affordability requirements of the Affordable Care Act.
Resolution No. 20222023-039XXX
5.6. 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.
6.7. 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.
7.8. A retiree desiring to have health in surance 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-enr oll 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 rece ive 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 “f lex 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.
D. “Flex Credit” Contribution
For those employees enrolled in the Ci ty’s medical program, the City will implement a “flex credit” contribution in the amount of $50 per month paid in $25 increments for the first two pay periods of each month. These “flex credits” shall be paid through a revised Section 125 Plan.
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Effective January 1, 2024 (implemented on the second pay date in the prior December), the City will increase the flex benefit contribution for those employees enrolled in the City’s medical program by an additional $300 (a total of $350 per month) paid in $175 increments for the first two pay periods of each month.
Further, effective January 1, 2025, the “flex credits” for those enrolled in the City’s medical program shall be provided in three tiers based on their particular enrollment: Employee, Employee + 1, or Family. The “flex credits” will be adjusted annually in the amount of 50% of the premium increase for each applicable tier in the Kaiser HMO plan. If the premium goes down, there shall be no adjustment to the flex credits for that year.
Flex credits may be applied to the City’s health insurance, dental, and vision premiums. Flex credits shall be app lied in the following order: health insurance (first); dental insurance ( second), and vision insurance (third).
Any remaining flex credits after applicat ion to the City’s health, dental, and vision premiums shall be forfeited.
For those employees who are not enrolled in City’s medical plan, they shall receive a contribution to a Flexible Spending Account (“FSA”) in the amount of $50 per month paid in $25 increments for the first two pay periods of each month (see Section 20).
The flex credits afforded under Secti on 19(D) shall in no way impact the City’s separate obligation to provide a medical contribution to retirees under Section 19(B). The provision of fl ex credits to active employees under Section 19(D) does not constitute a “contribution” owed to retirees under Section 19(B).
If the City pursues a transition to obtaining medical benefits through CalPERS, the City will meet with repr esentatives of this unit to discuss Section 19 with respect to flex credits and City medical contributions.
E. Voluntary Benefits Plan
Effective April 1, 2020, or as soon thereafter as practical, the The City will has implemented a voluntary benefits plan through The Standard Insurance Company.
Employees may opt in to plans provid ing 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.
F. The provisions of this Section are subject to change in accordance with changes negotiated with the Fullerton Management Association.
Section 1720: REIMBURSEMENT FLEXIBLE SPENDING ACCOUNT
PROGRAM
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A. The City’s Reimbursement Flexible Spending Account (FSA) Program shall be made available to all employees.
B. Pursuant to said program, an employee ma y 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 1821: LONG-TERM DISABILITY INSURANCE
A. The City shall pay 100% of the premium for a Cit y-owned Long-Term Disability insurance policy affording coverage to each active employee.
B. The policy shall have an elimination per iod 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 mi nimum 60% of the eligible employee’s PREDISABILITY EARNINGS as defined in the poli cy document, or $6,000 per month, whichever is less. This maximum benefit shall be calculated in accordance with policy definitions.
Section 1922: 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 curr ent 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 2023: VISION INSURANCE
The City shall provide Employees and dependents shall be eligible for vision care insurance through VSP. The City shall to employees enrolled in one of the City sponsored Cigna medical plans, and to any dependents they 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 m edical plan shall be enrolled in the vision plan with the same City contribution as stated above.
Section 2124: DENTAL INSURANCE
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The City shall pay up to an amount equal to the family premium rate for the prepaid dentalDelta Dental HMO plan for employee and dependent coverage under any group dental insurance plan administered or approved by the City.
A retiree (as defined in Section 1619) 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 15 th of the month preceding the effective month of coverage.
Section 2225: 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 disabili ty, 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 2326: 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 2427: 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 unl ess 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.
If any City bargaining unit receives Martin Luther King, Jr. Day as a holiday, members of this unit shall also receive the holiday.
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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 t he employee’s regular workday, and the employee is not required to work. T he 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.
D. An employee who is required to work on a holiday will receive, in addition to his/her normal pay for the day, holiday discretiona ry 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 ho liday 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 workday for the employee.
These hours may be used at a later time in accordance with rules set forth herein.
F. Holiday discretionary leave time receiv ed 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 2528: VACATIONS
A. Accrual
1. Each employee shall accrue vacation credit with pay in accordance with the following table:
# of Hours
Amount of Current Serv ice 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 l eave at least one full regular work Resolution No. 20222023-039XXX
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 department head or designee. 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 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 c ontinue 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 co mpleted 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 fr om employment by resignation, layoff or otherwise, shall be paid the balance of his/her accumulated vacation credits at the salary rate in effect on the date of separation. In the case of the employee's death, the Resolution No. 20222023-039XXX
balance shall be paid to the employee's designee or, if no designee, to the employee’s estate.
Section 2629: SICK LEAVE
A.
1. Each regular full-time employee shall earn and accumulate 3.69 hours of sick leave for each pay period in whic h 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 schedul ed 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.
B. Sick Leave Usage
An employee shall be allowed to use hi s/her accumulated sick leave as follows:
1. Absences relating to the health of the employee:
a. Personal illness or physical incapacity;
b. Medical or dent al 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 m edical 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 newbor n child/children or the placement with an employee of a son or daught er 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 M edical Leave Act (FMLA), provided that the employee has submitted all necessary documentation to the Human Resources Department certifying the condition qualifies for FMLA.
Resolution No. 20222023-039XXX
In no event shall the total time tak en 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 purs uant 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 s ubmit 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 illness (See B2 above), the employee shall submit certification from the attending physician of the family member’s medical condition dur ing 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. Howeve r, the certification shall not be required to include a diagnosis or description of injury or treatment.
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 accu mulated sick leave per incident for bereavement purposes, and t he City Manager may authoriz e 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” fo r the purpose of bereav ement leave shall include the employee’s spouse, parents, children, stepchi ldren, brother, sister, mother-in-law, father-in-law, grandparen t, 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 fo r this conversion program.
Resolution No. 20222023-039XXX
1. A person who has been r egularly 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 ma y 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. Up to 50% to cash, to be paid at the employee’s base salary rate.
An eligible employee who does not us e 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 sepa ration shall be awarded to persons regularly appointed to any City classifica tion on or before August 31, 1983 and employed continuously thereafter. All others are ineligible for this benefit.
1. If an eligible employee dies or re tires, 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 separate s after ten years of continuous service for any reason other than death or re tirement, 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.
H. The City Manager may authorize a new employee to have up to 440 hours of sick leave credit. Such credit shall be avai lable only for use as described in B above and shall not be available for any other use.
Section 2730: 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:
Resolution No. 20222023-039XXX
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 e xceed 10% of any pay period.
2. An employee will not be allowed to e xceed his/her vacation maximum. In other words, when the employee is at or near the va cation accumulation limit, vacation must be used and unpaid time will not be authorized.
3. Taking unpaid time shall not resu lt 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 accord ingly. Except that sick leave shall accrue in accordance with Section 2629 A2 during the work reduction period.
C. To be eligible for this program, an empl oyee must have passed the initial probation period.
Section 2831: 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 1316.
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
≥ 12 years 2.770 4.155
≥ 13 years 2.925 4.387
≥ 14 years 3.080 4.620
Vacation credits may be used in accor dance with the provis ions of Section 2528 A2, B1, B2, C and E.
Resolution No. 20222023-039XXX
Sick leave shall accrue in accordance with Section 2629 A2.
Employees who regularly work 30 or mo re hours per week or are assigned to a City position requiring health insurance co verage under the Affordable Care Act, shall be eligible for health insurance coverage per the provisions of Section 1619.
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 2932: JURY DUTY
When an employee is duly summoned to jury dut y, he/she shall receive his/her regular pay for any regularly scheduled working hour s 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 fo r 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 3033: 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 l eave 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 3134: WORKERS’ COMPENSATION PROGRAM
The rules governing Workers’ Compensa tion for employees in the non-sworn management bargaining unit shall apply to Confidential/Nonrepresented employees.
Section 3235: PAYROLL SYSTEM
Resolution No. 20222023-039XXX
The City shall utilize the biweekly pay syst em. 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 3336: ALTERNATE WORK SCHEDULES
Confidential/Nonrepresented unit employees are eligible for the City’s alternate work schedule program, as provided in the Cit y’s Agreement with the general employee bargaining unit.
Section 3437: 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. This discretionary personal leave will have no cash value and its use must be approved by the De partment Head and not require overtime backfill. Employees on discr etionary personal leave will be on paid status. No additional Discretionary Personal Leave will be provided after approval of this Resolution. This leave is separate and di stinct from Discretionary Holiday Leave referenced in Section 27.
ADOPTED BY THE FULLERTON CITY COUNCIL on April 19, 2022 August 15, 2023.
__________________________
Fred Jung, Mayor
ATTEST:
________________________________
Lucinda Williams, MMC
City Clerk
Date
Attachment:
Resolution No. 20222023-039XXX
Appendix A - Confidential/N onrepresented Salary Schedule