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RESOLUTION NO, 5811
A RESOLUTION OF THE CITY OF THE CITY COUNCil OF THE
CITY OF ARCADIA, CALIFORNIA AMENDING RESOLUTION NO,
5608 REGARDING MODIFICATIONS TO CERTAIN FRINGE BENEFITS,
WHEREAS, City Council Resolution No, 5608 sets forth various fringe benefits
and related compensation for officers, management, and general employees of the
City; and
WHEREAS, Section 32 of that Resolution provides for amendment and
modification of Resolution No, 5608 (the Fringe Benefit Resolution) by City Council
approved resolutions that direct inclusion of any changes as part of Resolution No,
5608,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARCADIA DOES
HEREBY DETERMINE AND RESOLVE AS FOllOWS:
Section 1. The following modifications to Resolution No, 5811 are hereby
approved and adopted to read as follows:
a) Section 7 lal shall read as follows:
Section 7, TUITION REIMBURSEMENT,
al The Tuition Reimbursement Program will operate on a fiscal year basis
(July 1 through June 30), Each employee shall be eligible for
reimbursement of educational expenses which are jOb related or are
applicable toward a specific degree, Reimbursement will be provided
upon the successful completion of course work.
Section 7 (bl shall read as follows:
b) Maximum tuition reimbursement, including textbooks is $2,100,00 per
fiscal year, Parking fees and school supplies are not reimbursable,
Section 7 lcl shall read as follows:
c} The City reserves the right to investigate any school and approve or
disapprove it for reimbursement if such action appears warranted,
Only courses, specialized training, or degree programs "job-related" to
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permanent full-time positions will be considered for tuition
reimbursement, Individual courses taken toward achievement of
career objective such as a law degree or a teaching credential will be
reimbursable only to the extent that such courses are job related as
determined by the Department Head and Human Resources Manager,
Section 7 (d) shall read as follows:
d) The Tuition Reimbursement Program is voluntary and time spent on
courses will not be considered as time worked for the City, unless an
employee is directed to participate by the department administrator,
Section 7 le) shall read as follows:
e) Reimbursement for Degree Programs which are structured on a
"special package" basis will be considered individually and terms will
be negotiated, In no circumstance, shall a negotiated reimbursement
exceed $2,100,00 in a given year. To qualify for reimbursement, the
following criteria must be met:
1. A course grade of "C" or equivalent, or higher must be attained,
2, The employee must be currently employed by the City of Arcadia,
3, The course must be taken at an accredited educational institution,
which is defined as any college, university, technical, vocational,
business or high school which has been accredited by a
recognized governmental or professional accrediting body,
Section 7 (f) reads as follows:
f) Any employee who receives tuition reimbursement must remain in the
employ of the City for three (3) years after completion of any course for
which reimbursement was made, If the employee voluntarily terminates
employment, or is terminated by the City, prior to three (3) years after
completion of the course(s}, he/she must repay the City all monies
received, {This may include deduction from vacation leave etc,)
b) Section 8 (bl shall read as follows:
Section 8, OVERTIME,
b) General Employees required to work overtime, shall be paid in accordance
with FLSA regulations, General Employees recalled to work after
completing a day's work, including any overtime, shall receive a minimum
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credit of one hour of overtime pay,
Section 8 (dl shall read as follows:
d) The Department Administrator or City Manager may permit an employee
to take overtime payor may permit an employee to take compensatory
time off with pay in lieu of overtime, Department Administrators shall
permit employees to accumulate compensatory time only up to maximum
of forty (40) hours, When the maximum level of accumulated
compensatory time is reached, overtime shall be paid,
c) Section 14 (bl shall read as follows:
Section 14, RETIRED HEALTH INSURANCE.
b) In order to be eligible for retiree health coverage, the employee must apply
for such coverage through the City Human Resources Department, During
the month of June, each insured retired employee must contact the City's
Human Resources Department in order to maintain coverage, In the
absence of such contact, coverage shall cease on the following July 1,
d) Section 15 (AI shall read as follows:
Section 1 5 , LEAVES OF ABSENCE,
A, Non-Medical Leaves
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant non-medical leaves of absence with or without pay, with the
exception that non-medical leaves of absence with or without pay of more
than six months shall be granted only upon the recommendation of the
appointing power and approval of the City Manager and City Council,
subject to the following restrictions:
Section 15 (AI (2) reads as follows:
(2) Reason, A leave of absence may be granted an employee, provided he
meets all other requirements set forth in this rule, who desires to attend
school or college or to enter training to improve the quality of his service,
who enters military service of the United States, or who presents some
other reason equally satisfactory,
Section 15 (AI (5) reads as follows:
(5) An employee granted a leave of absence may be required by the
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appointing power or the City Manager to obtain and present a fitness for
duty certification from a health care provider that the employee is able to
resume work, Failure to provide such certification will result in denial of
restoration,
Section 15 (AI (7) reads as follows:
(7) The City shall continue to provide health, dental, life, and disability
insurance for an employee granted a leave of absence for up to 30 calendar
days, It shall be the responsibility of the employee who wishes to continue
any insurance coverage beyond the 30 calendar days, to notify the Human
Resources Department of his/her intent to continue coverage and to remit
the full monthly premium for any coverage to the Finance Department,
Section 15 (B) shall read as follows:
B) Family Care and Medical Leaves
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant Family Care and Medical Leaves, In accordance with the Federal
Family and Medical Leave Act ("FMLA") and the California Family Rights
Act ("CFRA"), the City of Arcadia will provide family and medical care
leave for eligible employees, as defined,
Section 15 (B) (al reads as follows:
a) Definitions
"12-Month Period" - means a rolling 12-month period measured backward
from the date leave is taken and continuous with each additional leave day
taken,
"Child" - means a child under the age of 18 years of age, or 18 years of
age or older who is incapable of self-care because of a mental or physical
disability, An employee's child is one for whom the employee has actual
day-to-day responsibility for care and includes, a biological, adopted, foster
or step-child,
"Serious health condition" - means an illness, injury impairment, or physical
or mental condition that involves:
1) Any period of incapacity or treatment in connection with or
inconsequent to a hospital, hospice or residential medical care facility;
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2) Any period of incapacity requiring absence from work of more than
three calendar days, that also involves continuing treatment by (or
under the supervision of) a health care provider;
3) Continuing treatment by a health care provider for a chronic or long-
term health condition that is incurable or so serious that, if not
treated, would likely result in a period of incapacity of more than three
calendar days; or
4) Prenatal care by a health provider,
"Continuing treatments" means:
1) Two or more visits to a health care provider;
2) Two or more treatments by a health care practitioner (e,g, physical
therapist) on referral from, or under the direction of a health care
provider; or
3) A single visit to a health care provider that results in a regimen of
continuing treatment under the supervision of the health care provider
(e,g, medication therapy),
Section 15 (8) (b) reads as follows:
b) Leave is only permitted for the following reasons:
1, The birth of a child or to care for a newborn of an employee;
2, The placement of a child with an employee in connection with the
adoption or foster care of a child;
3, Leave to care for a child, parent or a spouse who has a serious health
condition; or
4, Leave because of a serious health condition that makes the employee
unable to perform the functions of his/her position,
Section 15 (8) (cl reads as follows:
c) An employee is eligible for leave if the employee:
1, Has been employed for at least 12 months; and
2, Has been employed for at least 1,250 hours during the 12-month
period immediately preceding the commencement of the leave,
Section 15 (8) ld) reads as follows:
dl Eligible employees are entitled to a total of 12 workweeks of leave during
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any 12-month period, An employee's entitlement to leave for the birth or
placement of a child for adoption or foster care expires 12 months after the
birth or placement,
Section 15 (B) (e) reads as follows:
e) Employee Benefits While on Leave
Leave under this policy is unpaid, While on leave, employees will continue
to be covered by the City of Arcadia's group health insurance to the same
extent that coverage is provided while the employee is on the job,
Employees may make the appropriate contributions for continued coverage
under the proceeding benefit plans by payroll deductions or direct
payments made to these plans, Employee contribution rates are subject to
any change in rates that occurs while the employee is on leave, If an
employee fails to return to work after his/her leave entitlement has been
exhausted or expires, the City of Arcadia shall have the right to recover its
share of health plan premiums for the entire leave period, unless the
employee does not return because of the continuation, recurrence, or onset
of a serious health condition which would entitle the employee to leave, or
because of circumstances beyond the employee's control. The City of
Arcadia shall have the right to recover premiums through deduction from
any sums due the City of Arcadia (e,g, unpaid wages, vacation pay, etc,)
Section 15 (8) (f) reads as follows:
f) If an employee requests leave for any reason permitted under this policy,
he/she must exhaust all accrued leaves (except sick leave) in connection
with the leave, The exhaustion of accrued leave will run concurrently with
the leave under this policy,
If an employee requests leave for his/her own serious health condition, in
addition to exhausting accrued leave, the employee must also exhaust
accrued sick leave,
Section 15 (B) (9) reads as follows:
g) Employees who request leave for their own serious health condition or to
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care for a child, parent or a spouse who has a serious health condition
must provide written certification from the health care provider of the
individual requiring care, If the leave is requested because of the
employee's own serious health condition, the certification must include a
statement that the employee is unable to perform the essential functions
of his/her position,
If the City of Arcadia has reason to doubt the validity of a certification, the
City may require a medical opinion of a second health care provider chosen
by the City, If the second opinion is different from the first, the City of
Arcadia may require the opinion of a third provider jointly approved by the
City and the employee, The opinion of the third provider will be binding,
If an employee requests leave intermittently (a few days or hours at a time)
or on a reduced leave schedule to care for an immediate family member
with a serious health condition, the employee must provide medical
certification that such leave is medically necessary, "Medically necessary"
means there must be a medical need for the leave and that the leave can
best be accomplished through an intermittent or reduced leave schedule,
Section 15 (8) (h) reads as follows:
h) Although the City of Arcadia recognizes that emergencies arise which may
require employees to request immediate leave, employees are required to
give as much notice as possible of their need for leave, If leave is
foreseeable, at least 30 days notice is required, In addition, if an employee
knows that he/she will need leave in the future, but does not know the
exact daters) (e,g, for the birth of a child or to take care of a newborn). the
employee shall inform his/her supervisor as soon as pOSSible that such
leave will be needed, If the City of Arcadia determines that an employee's
notice is inadequate or the employee knew about the requested leave in
advance of the request, the City of Arcadia may delay the granting of the
leave until it can, in its discretion, adequately cover the position with a
substitute,
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Section 15 (8) (j) reads as follows:
i) Upon expiration of leave, an employee is entitled to be restored to the
position of employment held when the leave commenced, or to an
equivalent position,
As a condition of restoration of an employee whose leave was due to the
employee's own serious health condition, which made the employee unable
to perform his/her job, the employee must obtain and present a fitness-for-
duty certification from the health care provider that the employee is able
to resume work, Failure to provide such certification will result in denial
of restoration,
e) Section 16 (d) shall read as follows:
Section 16, V ACA liON ACCRUAL.
d) Fire Department Management and sworn Fire Employees who do not work
a 24-hour shift schedule, shall accumulate vacation with pay beginning
with the first full pay period of employment at the rate of 4,616 hours per
pay period during the first ten years of continuous full-time employment
with the City and at the rate of 6.77 hours per pay period after the
completion of ten years of continuous full-time employment with the City,
f) Section 17 (b) shall read as follows:
Section 17, V ACA liON LEAVE - GENERAL EMPLOYEES,
b) On December 31st of each year, any vacation accumulated beyond the
amount accumulable for a fifty-two (52) pay period basis shall not be
carried forward, Any excess accumulated vacation over this limit shall be
forfeited,
When through work circumstances and needs of the job, an employee has
been unable to utilize vacation time and this has not been a pattern or
practice for that employee, the City Manager for good cause may approve
excess accumulated vacation carried forward into the next calendar year,
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Section 17 tel reads as follows:
e) Fire Department General Employees shall use any vacation hours in excess
of the maximum accumulation by June 30 of each year, Any vacation
hours in excess of the maximum accumulation shall be forfeited at this
time. When through work circumstances and needs of the job, an
employee has been unable to utilize vacation time and this has not been a
pattern or practice for that employee, the City Manager for good cause
may approve excess accumulated vacation carried forward into the next
fiscal year,
g) Section 18 (d) shall read as follows:
Section 18, VACATION LEAVE - MANAGEMENT,
d) Vacation hours in excess of the maximum accumulation listed in
Subsection b or Subsection c shall be used prior to December 31 of each
year, Fire Department Management employees shall use any vacation
hours in excess of the maximum accumulation by June 30 of each year,
Any vacation hours in excess of the maximum accumulation shall be
forfeited at this time, When through work circumstances and needs of the
job, an employee has been unable to utilize vacation time and this has not
been a pattern or practice for that employee, the City Manager for good
cause may approve excess accumulated vacation carried forward into the
next fiscal/calendar year.
h) Section 21 (a) shall read as follows:
Section 21, MANAGEMENT LEAVE,
a) Management Employees hired prior to January 1, 1994 shall be provided
fifty-six (56) hours of management leave per fiscal year on a pro-rata basis
as determined by the City Manager, Management Employees hired after
January 1, 1994 shall be provided zero (0), twenty-four (24) or fifty-six
(56) hours of Management Leave per fiscal year on a pro-rata basis as
determined by the City Manager, This determination shall be based upon
work circumstances, needs of the position and frequency of required
attendance at after-hour meetings and conferences, Such leave time is
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non-accumulative. nor will compensation be paid in lieu thereof under any
circumstances, When through work circumstances and needs of the job.
an employee has been unable to utilize management leave and this has not
been a pattern or practice for that employee. the City Manager, for good
cause may approve excess accumulated management leave carried forward
in the next fiscal year.
Section 21 (bl reads as follows:
b) In order to facilitate shift schedules. Fire Battalion Chiefs assigned to
twenty-four (24) hour shift schedules and required to work overtime shall
be paid in accordance with FlSA regulations. in lieu of receiving
management leave as provided in this section,
i) Section 22 (a) shall read as follows:
Section 22, lEAVE DONATIONS-CATASTROPHIC
INJURY /lllNESS/DISABILlTY
a)Upon verification of information from a medical authority that an employee
has been stricken by a catastrophic. life threatening illness or injury, and upon
verification that the employee is in danger of having his/her accumulated paid
leave time depleted. the appointing power and City Manager may determine
that an employee is eligible to receive donations of accumulated vacation hours
from fellow employees,
The appointing power and City Manager will consider the employees' service
record prior to making a determination,
Section 22 (bl reads as follows:
b) Upon determination that an employee is eligible. a notice shall be
distributed to all employees advising that accumulated vacation leave or
compensatory time hours may be donated to the eligible employee,
Section 22 lcl reads as follows:
c) The minimum number of hours that may be donated by an employee is one
(1), The maximum donation by an employee is eighty (80) hours, Only
full-hour increments of leave time are transferable, Donation of time is
limited to accrued vacation or compensatory time. and does not include
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accrued sick leave, holidays, or any other accumulated leave,
Section 22 (dl reads as follows:
d) The employee to whom the vacation/compensatory time is donated will be
credited at the salary rate of the recipient, not the donor. Donated hours
shall be converted to the dollar rate of the donor then transferred to hours
at the recipient's rate,
Section 22 (e) reads as follows:
e) The donation of leave hours is irreversible, Should the person receiving the
donation not use all donated leave for the catastrophic illness/injury, any
balance will remain with that person or will be converted to cash upon that
person's separation,
Section 22 (f) reads as follows:
f) An employee may not donate leave hours which would reduce his/her total
accrued leave balance (of vacation, compensatory time, sick leave,
administrative leave) to less than 160 hours,
j) Section 23 shall read as follows:
Section 23, LEAVE DEDUCTIONS - MANAGEMENT,
Management Employees, except Fire Safety Management employees assigned
to a 24-hour shift schedule shall not be deducted leaves less than a full shift,
However, management employees must gain prior leave approval from their
supervisor for taking time off in increments less than a full shift, Any actual
leave abuse by a Management Employee will be reflected in that employee's
evaluation and may be grounds for discipline,
k) Section 24 shall read as follows:
Section 24, PHYSICAL EXAMINATIONS - MANAGEMENT,
Management Employees shall receive a City-paid biannual comprehensive
physical medical examination, The City shall establish the terms and conditions
of the physical examination,
Il Section 25 (a) shall read as follows:
Section 25, HOLIDAYS,
a) Management and General Employees, except Fire Technicians, shall be
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allowed eight hours of full pay for the following holidays:
New Year's Day - January 1
Presidents Day - The third Monday in February
Memorial Day - The last Monday in May
Independence Day - July 4
Labor Day - The first Monday in September
Veteran's Day - November 11
Thanksgiving Day - The fourth Thursday in November
The Friday following the fourth Thursday in November
Christmas Day - December 25
Four hours preceding Christmas or New Year's Day with approval of
Department Head,
Every day appointed by the City Council for a public fast, thanksgiving or
holiday,
Section 25 (bl reads as follows:
b) Whenever New Year's Day - January 1; Independence Day - July 4;
Veteran's Day - November 11; or Christmas Day - December 25, falls on
a Saturday or Sunday, the Friday preceding or the Monday following,
respectively, shall be a holiday,
Section 25 (c) reads as follows:
c) In lieu of a citywide holiday to celebrate Dr, Martin Luther King's birthday,
Management and General Employees, except Safety Management and
General Employees assigned to a 24-hour shift schedule in the Fire
Department, shall receive one floating holiday to be scheduled by the
employee in the same manner as vacation leave, In lieu of a citywide
holiday to celebrate Admissions Day, Management and General Employees,
except General Employees assigned to a 24-hour shift schedule in the Fire
Department, shall receive one floating holiday to be scheduled by the
employee in the same manner as vacation leave, Floating hOlidays do not
carryover into subsequent fiscal years, Failure to timely schedule the days
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off shall result in their loss, If the City adopts Dr, Martin Luther King's
birthday or re-adopts Admissions Day as a citywide holiday, the floating
holiday(s) shall cease and eligible employees shall receive the citywide
holiday,
Section 25 Ie) reads as follows:
e) Management and General Employees assigned to an alternate work week
may use accrued vacation time, accrued comp time, floating holiday time
or unpaid leave to make up the difference between the provided eight
hours of holiday pay and the actual number of regularly scheduled working
hours for a designated holiday, For example, if a holiday falls on a day an
employee is scheduled to work nine (9) hours, the employee shall receive
eight (8) hours of hOliday pay and be permitted to u'se other accrued leaves
to make up the extra hour for that day,
Section 25 (fl reads as follows:
f) For Management and General Employees, assigned to an alternate work
week if a holiday falls on a Friday that City Hall is closed under the 9/80
plan, each employee shall receive an eight (8) hour floating holiday,
Floating holiday time is not accruable and not payable if unused, The
floating holiday must be used by the end of the fiscal year in which it is
granted or it shall be forfeited,
m) Section 27 shall read as follows:
Section 27, JURY LEAVE,
When an employee is called or required to serve as a juror, attendance shall be
deemed a leave of absence with full pay, The City will compensate jury service
up to 10 days per year, All days in excess of ten days will not be
compensated, The employee shall remit to the City all fees received except
mileage. For employees assigned to an alternate work week, pay for jury duty
shall not be provided on regularly scheduled days ofts,
n) Section 30 (A) shall read as follows:
Section 30, SEVERANCE PAY,
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A) An employee, with the exception of temporary appointments and
Department Administrators whose position is abolished or vacated by a
reduction in work load or lack of funds, and has a least one (1) year of
consecutive full-time service with the City shall receive, upon termination,
severance pay, Severance pay shall be a lump sum payment equal to
1/5th of an employee's preYious month's salary times the number of years
of consecutive service, not to exceed ten (10) years of service,
Additionally, the City shall: 1) contract with a mental health carrier to
provide transitional counseling services to affected employees for up to
three months; and 2) contract with a displacement service provider to
provide professional guidance and assistance for the laid off employee in
his/her employment search for up to three months,
The displaced employee shall also receive one full month of paid health
insurance (at the employee's current coverage) in addition to any coverage
remaining in the month of layoff,
Section 30 (8) reads as follows:
B) A Department Administrator whose position is abolished or vacated by a
reduction in work load or lack of funds, or who is involuntarily removed
from his/her position and has a least one (1) year of consecutive full-time
service with the City shall receive, upon termination, severance pay,
Severance pay shall be a lump sum payment equal to three months salary,
Additionally, the City shall: 1) contract with a mental health carrier to
provide transitional counseling services to affected employees for up to
three months; and 2) contract with a displacement service provider to
provide professional guidance and assistance for the laid off employee in
his/her employment search for up to three months,
The displaced employee shall also receive three full months of paid health
insurance (at the employee's current coverage) in addition to any coverage
remaining in the month of layoff or termination,
At the discretion of the City Council the severance pay and continuation
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of health benefits may be increased to higher levels,
Department Administrators shall include the City Manager, City Attorney,
Chief of Police, Fire Chief, Public Works Director, Finance Director,
Recreation Director, City Librarian, and the Human Resources Manager.
This section shall not apply to Department Administrators who have a
contract providing severance benefits,
0) Section 31 shall read as follows:
Section 31, WORK DAY SCHEDULES,
A work day shall be defined as an 8-hour period for all City employees, with the
exception that for those Fire Employees assigned to a 24-hour shift, a day
means a 12-hour period, A work day may be defined differently if an employee
is assigned to an alternative work schedule, An employee who changes
between an 8-hour and a 12-hour day shall have leave hours recalculated on
the basis of the number of hours worked,
Section 2, Consistent with the above changes, the test of Resolution No, 5608
(Fringe Benefit Resolution), including the renumbering of sections, shall be modified
to reflect the changes as approved by the City Council. The revised Fringe Benefit
Resolution shall be kept on file with the City Clerk, the Human Resources Office, and
recirculated to all City departments as modified,
Passed, approyed and adopted this 19th day of July ,1994,
7l7f1"r ;j.~7
Mayor of th City of rcadia
ATTEST:
APPROVED AS TO FORM:
-~ I( 17l~
Michael H, Miller
City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF ARCADIA
I, JUNE D. ALFORD, city Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5811 was passed and
adopted by the City Council of the city of Arcadia, signed by the
Mayor and attested to by the city Clerk at a regular meeting of
said Council held on the 19th day of July, 1994 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young
NOES: None
ABSENT: None
~
erk
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