004-06 - Resolution - Repealing Res. 2096 and Establishing Employee Benefits for Non-Union Rep. EmployeesRESOLUTION NO. 004-06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 2096 AND ESTABLISHING CERTAIN
EMPLOYEE BENEFITS FOR NON-UNION REPRESENTED
EMPLOYEES CLASSIFIED AS FLSA EXECUTIVE EXEMPT
WHEREAS, the City has designated categories of employees as either exempt or
not-exempt for purposes of federal and state wage and hour laws. Not-exempt employees are
entitled to overtime pay under the specific provisions of federal and state laws. Exempt staff is
excluded from specific provisions of federal and state wage and hour laws, and
WHEREAS, it is the desire of the City to provide certain employment benefits to
non-union employees, hereinafter referred to as "Employees".
WHEREAS, the City Council deems it in the best interest of the City and city
employees to document such employment benefits, now therefore,
THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE:
SECTION ::1. Resolution No. 2096 is hereby repealed in its entirety.
SECTION 2. For purposes of this Resolution employees shall be defined to
include those employees who are classified as Executive Management (FLSA Exempt).
SECTION 3. HOURS OF WORK AND WORKING CONDITIONS
1. For Labor and Industries reporting purposes the standard workweek shall be a seven-day
period Sunday through Saturday. An employee and Appointing Authority may establish
alternative work schedules to encourage and comply with Commute Trip Reduction.
2. Overtime -Employees covered by this resolution are excluded from specific provisions of
federal and state wage and hour laws
SECTION 4. SALARY AND LONGEVITY PAY
1. All employees covered by this Resolution shall be classified and compensated in accordance
with the City's annual budget.
1.1. Effective October 1, 2004 the rates of pay set forth within the City's Base Salary
Schedule shall be increased by one hundred percent (100%) of that percentage
increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the
Seattle-Tacoma-Bremerton area for that period from June, 2003 to June, 2004, as is
specified by the Bureau of Labor Statistics, United States Department of Labor;
provided, however, the COLA increase shall not be less than two percent (2%) nor
more than five percent (5%).
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1.2. Effective October 1, 2005 the rates of pay as set forth within the City's Base Salary
Schedule shall be increased by one hundred percent (100%) of that percentage
increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the
Seattle-Tacoma-Bremerton area for that period from June, 2004 to June, 2005, as is
specified by the Bureau of Labor Statistics, United States Department of Labor;
provided, however, the COLA increase shall not be less than two percent (2%) nor
more than five percent (5%).
2. Employees hired before November 1, 2001 shall be eligible to receive longevity pay as follows:
2.1. After completion of two (2) years full-time employment, an employee shall be eligible for
longevity pay. Such longevity pay shall be the employee's base pay plus one-quarter of
one percent (.25%) for each additional year of employment. Each longevity pay increase
shall commence on his/her anniversary date of employment and each longevity increase
shall be calculated on the base pay for the position held by the employee.
2.2. Longevity pay will be granted to eligible employees and adjusted thereafter on the
anniversary date of their employment.
3. Employees hired after November 1, 2001 shall not be eligible to receive longevity pay.
SECTION 5. HEALTH AND WELFARE
1. Medical Coverage -For full-time employees, the Employer will provide health insurance
coverage through the Association of Washington Cities Plan B, administered by Washington
Physicians Service, or Group Health Co-pay Plan 1, or substantially equivalent plan, for the
employee, spouse and dependents.
2. Dental Coverage -For full-time employees only, the Employer shall provide dental insurance
coverage through the Association of Washington Cities, Plan A, administered by Washington
Dental Service, or substantially equivalent plans, for the employee, spouse and dependents.
3. Vision Coverage-For full-time employees only, the Employer shall provide vision insurance
coverage through the Association of Washington Cities, Vision Service Plan or substantially
equivalent plans, for the employee, spouse and dependents.
4. The Employer shall also have the right to purchase or provide access to substantially
equivalent coverage through another insurer or self-insure medical, vision, and/or dental
benefits.
5. Medical Co-pay Contribution -
AWC Regeoce Plao:
Employee Only ......................... $ 2.79
One dependent ........................ $10.46
Two dependents ...................... $18.12
Three of more dependents ........ $25.78
Group Healtb Plao·
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Employee Only ..................... $ 1.80
One Dependent.. .................. $ 9.47
Two Dependents ................. $17.13
Three or dependents ........... $24.79
5.1. If the insurance provider increases the premium rate, then the amount the employee
pays for employee coverage shall be increased by an amount equal to the increase in
the wages for the employee in the previous year times the amount of the premium
increase, effective in the month the premium increase becomes effective. For example,
if wages were increased by 3.5% on October 1, 2004, and effective January 1, 2005
the insurance premium for an "employee only" is increased by $25, then effective
January 1, 2005 the employee only contribution rate would be eighty-eight cents
($.88). The dependent contribution rate shall be increased by the same percentage as
the wage increase received pursuant to Section 4 (a) and (b). For payroll deduction
purposes, the monthly premium determined above shall be rounded to the nearest
dollar.
5.2. Effective October 1, 2005, employees shall pay ten percent (10%) of any increase to
the above premium over the prior years increase.
6. The employer shall self insure or purchase a $50,000 life insurance policy for the employee
(subscriber) only.
7. If an eligible employee elects to waive city medical coverage as provided in section 5(1) and
the related insurance companies involved allow for such practice, the employee shall be
compensated two hundred fifty dollars ($250) per month through the payroll process as a
cost savings incentive. This cost savings incentive is only payable for those full months
where the employee elects to waive coverage. An eligible employee includes any full time
employees as well as part time employees hired prior to December 9, 1996. Employees
who participate may not be eligible to return to medical coverage until open enrollment
periods as outlined by the insurance carrier.
8. In order to be eligible to receive health and welfare benefits, the employee must meet the
minimum hours of work per month, if any, required by the plan provider.
SECTION 6. VACATIONS
1. The employee shall be entitled to one hundred-sixty (160) hours vacation leave per year.
The employee's vacation account shall be credited on a prorated monthly basis. In addition
each year on the employee's anniversary date, after three (3) full years of employment,
eight (8) bonus hours of vacation for each year will be credited to his/her vacation account.
The total vacation/bonus day accrual shall not exceed 304 hours.
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2. Vacation leave shall be accrued and recorded on a monthly and or calendar year basis in
the same manner as provided in the vacation accrual section.
3. Vacation leave to an employee's credit may be granted at any time during the year at the
discretion of the Department Head.
4. Each employee must use at least one-week (five [5] consecutive days) leave each year for
vacation purpose. The balance of vacation leave to their credit may be granted one day at a
time.
5. An employee, as defined herein, shall receive leave pay for any portion of vacation earned,
but not taken, upon leaving the employ of the Employer; provided, that in case of voluntary
termination, the employee shall have given at least ten (10) calendar days' notice of such
termination before being entitled to receive such pay. Upon date of termination the employee
shall receive compensation for all bonus vacation leave pro-rated from the last anniversary
date. However, upon termination, vacation and bonus leave pay shall not exceed two
hundred and forty (240) hours. If an employee has accrued vacation and bonus leave in
excess of two hundred and forty (240) hours, the employee may be continued on the payroll
for the time equivalent to the amount of time in excess of two hundred and forty (240) hours
of accrued vacation leave.
6. The leave pay of all employees shall be paid on the same schedule for the vacation period as
the employee would have been paid for a regular week of work.
7. An employee may carry over a maximum of thirty (30) days of vacation effective January 1 of
each year. All other accrued vacation not used by the end of each year will be forfeited,
except when accrued vacation is not used due to the convenience of the Employer, the
employee will be paid in cash at the end of the year.
SECTION 7. HOLIDAYS
1. All employees shall be entitled to observe the following holidays with pay: the first day of
January, commonly called New Year's Day; the third Monday in January to honor Martin
Luther King; the third Monday of February, being celebrated as President's Day; the last
Monday of May, commonly known as Memorial Day; the fourth day of July, being the
anniversary of the Declaration of Independence; the first Monday in September, to be known
as Labor Day, the eleventh day of November, to be known as Veteran's Day; the fourth
Thursday of November, to be known as Thanksgiving Day; the day after Thanksgiving; the
twenty-fifth day of December, commonly called Christmas Day. All employees shall receive
two (2) personal holidays each year to be selected by the employee; provided: the employee
has been or is scheduled to be continuously employed by the Employer for more than four ( 4)
months, and the employee has given not less than fourteen (14) calendar days written notice
to the supervisor; provided, however, the employee and the supervisor may agree upon an
earlier date, and the number of employees selecting a particular day off does not prevent an
agency from providing continued public service.
2. Personal holidays must be taken during the calendar year or entitlement to that day will lapse,
except when the employee has requested a personal holiday and the request has been
denied.
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3. Anything in this article notwithstanding, any employee whose regular workweek includes a
holiday on Saturday or Sunday will receive some other day off in lieu thereof at the discretion
of the Department Head.
4. Whenever any legal holiday falls upon a Sunday, the following Monday shall be a legal
holiday.
5. Whenever a legal holiday falls on a Saturday, another day will be designated by executive
order by the Mayor, or he may designate two (2) days with a portion of the employees
observing one (1) day and the remainder the other day, to permit continued operation of vital
functions.
SECTION 8. SICK LEAVE
1. All full-time employees shall be entitled to sick leave pay when they are incapacitated from
performance of their duties by reason of sickness or injury or when, through exposure to
contagious diseases, the presence of the employee would jeopardize the health of others.
Such sick leave for full time employees shall accrue at the rate of eight (8) hours for each
calendar month of employment and if not used shall accumulate to a maximum nine hundred
sixty (960) hours. Sick leave shall be accumulated and recorded on a monthly basis as
provided in this section.
2. Sickness shall be reported by the employees at the beginning of any period of illness to their
supervisor or departmental designee and within three (3) days after returning to work, the
employee shall give a written statement explaining the nature of the sickness and submit a
formal request for approval of leave so taken, which request, when approved by the
Department Head, shall be forwarded to the City Clerk for filing in the employee's medical file.
3. Exempt employees may use sick leave in one-hour increments, provided that under no
circumstances will an exempt employee's weekly salary be reduced for an absence of less
than a full day.
4. A doctor's certificate shall be required when the sick leave extends over a period of three (3)
consecutive days or if leave records indicate the employee may have a reoccurring health
problem, a doctor's slip may be required for Family Medical Leave documentation.
5. Advance sick leave may be granted to employees who have two (2) or more years of
continuous service with the Employer after they have exhausted all of their accrued vacation,
and sick leave.
6. Advance sick leave may be granted in cases of serious disabilities or ailments of the employee.
Sick leave credit advanced shall be limited to not more than twelve (12) and not less than
five (5) consecutive workdays. It shall be further limited to cases in which it is believed that
the employee will return to full duty for a period of time sufficient to liquidate the advance.
7. Requests for advance sick leave shall be submitted by the employee to the Department Head.
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The Department Head shall make a recommendation on the proposed request and forward it
to the City Council for approval or disapproval. It will be signed by the Mayor and forwarded
to the City Clerk for filing in the employee's file and the employee will be notified of the
Council's decision by the Department Head.
8. Sick leave earned after return to duty must first be applied to liquidate the sick leave
advanced prior to being used as regular sick leave.
9. Any employee found to have abused the sick leave privilege by falsification or
misrepresentation may thereupon be subject to dismissal upon recommendation of the
Department Head and at the discretion of the City Council.
10. In cases of injury or illness, which is covered by industrial insurance, the amount of insurance
payments will be deducted from the next pay of the employee after Department of Labor &
Industry award letter.
11. At the option of the employee, sickness in excess of the maximum number of days accrued
may be charged to unused vacation.
SECTION 9. BEREAVEMENT
1. Employees shall be allowed up to twenty-four (24) hours bereavement leave for death in the
immediate family upon approval and authorization of the Department Head. For travel out of
State an employee shall receive, subject to the approval of the Department Head, an
additional sixteen (16) hours paid bereavement leave.
2. Immediate family shall include, spouse, children, stepchildren, sister, brother, grandmother,
grandfather, mother and father of the employee or spouse, and any other familial inhabitant
of the employees household.
SECTION 10. LEAVES OF ABSENCE
1. Civil Leave -Any necessary leave may be allowed by the Department Head to permit any
employee to serve as a member of a jury or to exercise his other civil duties. Each employee
who is granted such leave and who, for the performance of the civil duties involved, received
any compensation shall be paid by the Employer for the time they are absent only in the
amount of excess of their regular salary over the compensation received, exclusive of travel or
any other reimbursable allowances.
2. Military Leave -Leave not to exceed fifteen (15) calendar days in any period of twelve (12)
consecutive months over and above annual vacation shall be allowed any employee who is a
member of any duly established National Guard or Reserve Corps unit. During the period of
military leave the employee shall receive their normal pay.
3. Leave Without Pay-Leave without pay may be granted at the discretion of the Department
Head, subject to the approval of the appointing authority. Such leave will be granted only
after all sick leave, vacation and compensatory time has been exhausted and under no
circumstances in excess of ninety (90) calendar days. Leave without pay shall not be granted
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for the purpose of the employee accepting other temporary employment or to gain personal
advantage or profit. During an authorized leave without pay, the employee shall not receive
any benefits nor shall they continue to accrue seniority. Nothing herein is intended to
supersede the employee's rights under applicable State or Federal Leave Law.
4. Unauthorized Absence -Unauthorized absence from duty for three (3) consecutive working
days shall constitute grounds for dismissal upon recommendation of the Department Head at
the discretion of the appointing authority.
SECTION 11 . If any section, subsection, paragraph, sentence, clause or
phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining portion of this resolution.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 13th day of February 2006.
Kim E. Abel, Mayor
ATTEST:
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