Resolution No. 4065'72.
RESOLUTION NO. 4065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS
EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING
RESOLUTION NO. 1635, RULES AND REGULATIONS, CHAPTER 4, SECTION 4.11,
CONCERNING TYPES OF APPOINTMENTS FOR EMPLOYEES OF THE CITY OF CYPRESS
AND CYPRESS RECREATION AND PARK DISTRICT.
WHEREAS, the City Council of the City of Cypress, and acting as
ex- officio Board of Directors of the Cypress Recreation and Park
District, is authorized and directed, under the provisions of the
Personnel Ordinance, to adopt and, from time to time, to amend
City /District Rules and Regulations for the administration of the
Personnel System; and,
WHEREAS, The City Council deems it necessary to amend the
Personnel Rules and Regulations affecting City /District employees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Cypress, and acting as ex- officio Board of Directors of the Cypress
Recreation and Park District, that Chapter 4, Section 4.11, is hereby
amended as follows:
CHAPTER 4. APPLICATIONS, APPLICANTS AND EMPLOYMENT
Section 4.11. Types of Appointment
Employment in the City service is divided into the following
categories::
1. Regular full time: shall be the appointment of a person who
works a minimum of forty (40) hours per week on a continuing and
regularly scheduled basis. Positions in this category are fully
eligible for certain City benefits including the Public Employees'
Retirement System (PERS) as defined by current law and contract, or,
if applicable, eligible to participate in the Orange County Employees'
Retirement System (OCERS) as defined by current law and contract. For
all appointments, the employee must serve a probationary period of a
certain designated time span to demonstrate fitness for the position
(see chapter 6, section 6.01).
2. Regular part -time: shall be the appointment of a person who
works less than forty (40) hours but more than nineteen (19) hours per
week on a continuing and regularly scheduled basis. Positions in this
category are eligible for certain City benefits on an accrued basis
given the number of hours worked, and are eligible to participate in
PERS as defined by current law and contract, or, if applicable,
eligible to participate in OCERS as defined by current law and
contract. For all appointments, the employee must serve a
probationary period of a certain designated time span to demonstrate
fitness for the position (see chapter 6, section 6.01).
3. Hourly PERS Employee: This employment category is for an
employee that works a maximum of 1500 hours during any fiscal year
(July 1 to June 30) (with the exception of certain positions exempt
from PERS). An Hourly PERS Employee shall not work more than 1500
hours in a fiscal year without the advance approval of the City
Manager, or his designee. To be eligible for this employment
category, an employee is appointed as follows:
A. New Hire - A person hired in this category is one that is
filling a vacant budgeted position designed to perform duties between
1000 hours and 1500 hours in a fiscal year, or has a vested right to
be enrolled in PERS based on prior employment.
B. 1000 Hour Rule - This option will apply if a current
temporary or seasonal employee is expected to work 1000 hours or more
in a fiscal year, and the work performed is needed and justified by
the department. The department head is responsible for monitoring
the hours of the employees, however the department head must seek the
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approval of the City Manager, or his designee, in advance, to convert
an employee to this category. If an employee has worked or is
approaching the maximum number of hours in the current fiscal year,
and there is no approval to convert the employee to an Hourly PERS
Employee, the employment shall cease at 999 hours. If the conversion
is granted, the department shall be responsible to make appropriate
budget adjustments and plan for future budget needs.
Conditions of Appointment: Hourly PERS Employees are considered
temporary regardless of the length of service and:
a. Shall not be covered by the City's cafeteria plan for
medical coverage. If an employee elects medical insurance coverage
under the PERS Health Plan, the City shall pay the required $16 per
month toward medical insurance for the employee and the employee shall
pay the balance of the premium.
b. Shall not be covered by life, dental, or disability
programs, except as required by the PERS contract or federal and state
mandated benefits (such as Medicare and Workers' Compensation). The
employee shall be covered under PERS, with the City paying the
employer's rate and the employee paying the employee's rate (7% of
regular pay).
c. Shall not accrue vacation, holiday, sick leave, or other
leave benefits.
d. Shall not have any expressed or implied rights of
employment and can be terminated at any time, with or without cause or
prior notice.
4. Provisional: shall be the appointment of a person with the
minimum requirements for the position in the class, in the absence of
a current employment list. Such appointments shall be for a limited
period of time not to exceed six (6) months or until an employment
list is established, whichever is shorter.
5. Emergency: shall be the appointment of a person to a
position to meet the immediate needs of an emergency condition such as
a major fire, flood, earthquake, or crime, which threatens life or
property.
6. Temporary: shall be the appointment of a person to any of the
following positions:
A. A seasonal work position;
B. A temporary position appointed for a period of less than
one (1) year;
C. A temporary appointment may be extended beyond one (1)
year, given the approval of the City Manager or his designee. A
temporary position will not change to another status by working
beyond the period originally expected, designated or extended.
D. A position in any of the following classifications shall
be considered temporary regardless of the length of employment:
Administrative Intern (Any Department)
Aquatics Instructor Leader
Aquatics Specialist Lifeguard
Attendant Maintenance Aide
Crossing Guard Maintenance Attendant
Crossing Gd /Liaison Media Intern
Day Camp Specialist Park Ranger
Early Childhood Playground Specialist
Education Aide Police Aide
Early Childhood Police Officer Trainee
Education Instructor Pool Manager
Early Childhood Educ. Reserve Police Officer
Lead Instructor Senior Leader
Early Childhood Educ. Technical Reserve Police Officer
Specialist
E. Any of the above positions may be designated as regular
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positions by the City Manager with the approval of the City
Council. The City Manager shall have the authority to add or
delete classifications from this list;
F. Any of the above positions may be eligible to participate
in PERS upon the completion of 1000 work hours in a fiscal year
as defined under current law and by the City's PERS contract and
OCERS, except as noted in "G" below;
G. The following temporary job classifications are exempt
from participation in PERS regardless of the number of hours
worked in a temporary status:
Administrative Intern
Crossing Guard
Crossing Guard /Liaison
Engineering Intern
Maintenance Aide
Police Aide
Employees whose appointments are temporary, provisional or
emergency shall not be covered by the City's health, life, dental,
disability or retirement programs, except as required by the City's
PERS contract and OCERS. Temporary, provisional or emergency
positions do not accrue vacation or sick leave benefits.
Temporary, provisional or emergency employees shall not have any
express or implied rights of employment and can be terminated at any
time, with or without cause or prior notice.
7. Federal Legislation: The "OBRA 1990" federal law (Omnibus
Budget Reconciliation Act of 1990) requires that all compensated
employees and Commissioners not in a retirement system (PERS or OCERS)
must be enrolled in a City sponsored retirement system or be enrolled
in Social Security. All compensated appointments in the City that are
not covered by PERS or OCERS shall be covered by a qualified "OBRA"
deferred compensation plan, as selected by the City.
This amendment shall become effective April 27, 1992.
PASSED AND ADOPTED by the City Council of the City of Cypress,
and acting as ex- officio Board of Directors of the Cypress Recreation
and Park District, at a regular meeting held on the 27th day of April,
1992.
ATTEST:
X4Ch
CITY CLERK 0 THE g TY OF CYPRESS
STATE OF CALIFORNIA)
SS
COUNTY OF ORANGE )
MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of the said City Council held on the 27th day of April, 1992;
by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ArgTY CITY CLERK OF CYPRESS