003-06 - Resolution - Repealing Res. 2095 and Establishing Certain Employee Benefits for Non-Union Rep as FLSA Not ExemptRESOLUTION NO. 003-06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 2095 AND ESTABLISHING CERTAIN
EMPLOYEE BENEFITS FOR NON-UNION REPRESENTED
EMPLOYEES CLASSIFIED AS FLSA NOT EXEMPT
WHEREAS, it is the desire of the City of Port Orchard hereinafter referred to as
"City" to provide certain employment benefits to non-union employees, hereinafter referred to as
"Employees".
WHEREAS, the City of Port Orchard has established certain employment benefits
for non-union employees, and
WHEREAS, the City Council deems it in the best interest of the City and city
employees to periodically review and update such employment benefits, now therefore,
THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE:
SECTION 1. Resolution No. 2095 of the City of Port Orchard is hereby repealed.
SECTION 2. For purposes of this Resolution, employees shall be defined to
include those employees who are not covered by a labor union contract, or personnel contract as
follows:
• All FLSA not exempt employees (except Police Sergeant)
• All employees employed on a full time ( 40 hr per week) basis; or
• Part-time employees employed for 20+ hr per week.
This Resolution is NOT APPLICABLE to the following classifications of non-represented employees:
• Executive (FLSA Exempt) Employees;
• Professional Non-Represented (FLSA Exempt) Employees;
• Administrative (FLSA Exempt) Employees;
• Police Sergeant Employees;
• Contract Employees;
• Temporary Employees; and
• Part-time employees whose position is classified and budgeted for less than 20 hours per
week.
SECTION 3. HOURS OF WORK AND WORKING CONDITIONS
1. A maximum regular workweek shall be forty hours of work consisting of five eight-hour days
during a seven-day period Sunday through Saturday. An employee and Department Head
may establish alternative work schedules to encourage and comply with Commute Trip
Reduction.
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2. Services performed in excess of forty hours per week will be compensated for at one and one
half times the regular hourly rate. If the employee prefers, overtime may be credited to
compensatory leave time, at the rate of one and one half-hours for each hour of overtime.
Scheduling of time to use vacation leave or compensatory time shall be subject to approval of
the employees' supervisor. When the employee takes leave time, the payroll office will use
compensatory time to the employees credit before vacation time credit unless otherwise
requested by the employee. If compensatory time is not used within the period described
within the "Statement of Understanding/' signed by the employee and the employer, it shall
be converted to cash and paid in accordance with the above rate.
3. Should an employee be called to return to duty, due to an emergency after completing an
eight-hour shift, such employee shall receive one and one half time his/her hourly wage for
work performed with a minimum of two hours callback.
4. Adjustments in the regular working hours of the employee for the convenience of the
employer shall not be construed to be in conflict with this Statement of Understanding.
SECTION 4, WAGES 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%).
1.2. Effective October 1, 2005 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, 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.
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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 plans, for the
employee, spouse and dependents.
1.1. For part-time employees-(hired prior to December 9, 1996) the employer will pay 100%
of the medical insurance premium, less applicable employee co-payment as set forth in
Section 5(5) of this Resolution) as specified above for the employee only. The employee
may elect to purchase medical insurance coverage for their spouse and/or dependents at
their own expense by payroll deduction.
1.2. For part-time employees -(hired after December 9, 1996) the employer will pay 50% of
the medical insurance premium as specified above for the employee only if the employee
elects to pay 50% of the premium by payroll deduction. The employee may elect to
purchase medical insurance coverage for their spouse and/or dependents at their own
expense by payroll deduction.
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 equivalent plans, for the employee, spouse, and dependents.
2.1. For part-time employees -Effective, October 1997 dental insurance coverage will not be
offered to part-time employees or their 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 equivalent
plans, for the employee, spouse and dependents.
3.1. For part-time employees -Effective October 1997 vision insurance coverage will not be
offered to part-time employees or their dependents.
4. The Employer shall also have the right to purchase or provide access to equal coverage
through another insurer or self-insure these benefits.
5. Medical Co-pay Contribution
AWC Regence Plan·
Employee Only ...................... $2.79
One Dependent ................... $10.46
Two Dependents .................. $18.12
Three or More Dependents ... $25.78
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Group Health Plan:
Employee Only ..................... $ 1.80
One Dependent .................... $ 9.47
Two Dependents ................. $17.13
Three or More 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. After one (1) full year of employment, a full-time employee shall be entitled to ten (10) days
(80 hours) vacation leave. During the second year, the employee's vacation account shall be
credited on a monthly basis at the rate of eleven (11) days (88 hours) per year. During the
third year, the employee's vacation account shall be credited on a monthly basis at the rate
with twelve (12) days (96 hours) per year. In addition, each year on the employee's
anniversary date, after three (3) full years of employment, one (1) bonus day (8 hours) of
vacation for each year will be credited to his/her vacation account. The total vacation/bonus
day accrual shall not exceed thirty (30) days, 240 hours.
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2. Accumulation of Vacation Leave -Part-time employees shall have their vacation leave prorated
on the basis of an amount equal to one-half (1h) of the accrual rate for a full time employee.
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 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. Holidays observed during an employee's vacation period shall not be counted as vacation
leave taken.
7. The leave pay of all employees who are employed on a daily wage scale shall be paid on the
same schedule for the vacation period as the employee would have been paid for a regular
week of work without overtime.
8. 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
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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. The 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.
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 and eligible part-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 employee's shall accrue at the rate of one (1)
day (8 hours) for each calendar month of employment and if not used shall accumulate to a
maximum of nine hundred sixty (960) hours. Part-time employees shall have their sick leave
prorated on the basis of an amount equal to one half (V2) of the accrual rate for a full time
employee. 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. 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.
4. 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,
compensatory, and sick leave.
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5. 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 sufficient to liquidate the advance.
6. Requests for advance sick leave shall be submitted by the employee to the Department Head.
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.
7. Sick leave earned after return to duty must first be applied to liquidate the sick leave
advanced before being used as regular sick leave.
8. 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.
9. 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.
10. 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.
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. All additional time shall be deducted from the employee's
vacation leave account.
SECTION l 0. 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.
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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
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 ll. This Resolution shall not change or limit other benefits not listed
that covered employees currently have through their employment with the City.
SECTION 12. 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: