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122-09 - Resolution - Repealing Resolution 037-06 and Establishing Employee Benefits for Executive ExemptIntroduced by: City Clerk Requested by: City Clerk Drafted by: HR Coordinator Postponed: December 8, 2009 Introduced: December 22, 2009 Adopted: December 22, 2009 RESOLUTION NO. 122-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 037-06 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, the City of Port Orchard has established cetiain 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 employment benefits, and, in so doing, has determined it is appropriate to modify its medical insurance premiums; now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: SECTION 1. Resolution No. 037-06 of the City of Port Orchard is hereby repealed.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 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. Ovetiime-Employees covered by this resolution are excluded from specific provisions of federal and state wage and hour laws 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, 2009 the rates of pay set forth above may be increased by one Resolution No. 122-09 Page 2 of8 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, 2008 to June, 2009, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase (if any) shall not be less than zero percent ( o%) nor more than one percent (1%). 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. SECfiON s. 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 Regence BlueShield or Group Health Co-Pay Plan 1. 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. 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. The Employer shall also have the right to purchase or provide access to equal coverage through another insurer or self-insure these benefits. 4· Employees shall pay each month a portion of the above premiums as follows: AWC Regence Plan B : Employee Only ....................................................... $32.89 Employee and Spouse ............................................ $68.09 Employee and Spouse and 1 Dependent.. ............. $83.51 Employee and Spouse and 2 Dependents+ ........ $97.83 Employee and 1 Dependent.. ................................. $68.07 Employee and 2 Dependents ................................ $83.50 Employee and 3 Dependents ................................ $97.78. Group Health Plan: Employee Only ....................................................... $21.15 Employee and Spouse .............................................. $46.56 Employee and Spouse and 1 Dependent. ................ $64.57 Employee and Spouse and 2 Dependents+ .......... $79.41 Employee and 1 Dependent... .................................. $46.57 Employee and 2 Dependents ................................. $64.60 Employee and 3 Dependents ................................. $79-42 Resolution No. 122-09 Page 3 of8 5.1 Full-time employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction. The employees' share of the monthly premium shall be based on a numeric percentage of the total cost of the monthly premium for the subject plan (including the cost to insure dependents, if applicable). The amount of the numeric percentage shall be calculated by converting the monthly dollar amount employees are required to pay for each for the subject medical plans as of September 30, 2009 into a percentage basis. Employees shall then be responsible for paying this same percentage for each respective medical plan after September 30, 2009. In the event of any increase in the cost of the total premium in the future for any of the subject plans, the employees shall be responsible for paying the same percentage of the increased monthly premium for that respective plan. 5· The employer shall self insure or purchase a $50,000 life insurance policy for the employee (subscriber) only. 6. 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. 7. 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. SECriON 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. Resolution No. 122-09 Page 4 ofS 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 ilie convenience of the Employer, the employee will be paid in cash at the end of the year. SECfiON z. 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. 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. Resolution No. 122-09 Page 5 ofS 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. s. 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 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. 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 ofless 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. s. 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. 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 sufficient to liquidate the advance. 7. Requests for advance sick leave shall be submitted by the employee to the Department Resolution No. 122-09 Page 6 of8 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 Human Resource Coordinator 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 before being used as regular sick leave. g. 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 q. 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. Part-time employees will receive so% of the above 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 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 twenty-one (21) calendar days in any period of twelve (12) consecutive months, commencing October 1 and ending September 30, 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 Resolution No. 122-09 Page 7 of8 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 11. TRAINING AND EDUCATION 1. Employees who are required to obtain either a bachelor degree, as a qualification for their job duty shall be eligible to receive the educational incentive pay as follows: 1.1 1% of base pay per hour: If the employee receives a master's degree from an accredited university in an eligible course of study either before or during employment with the City, the employee shall be eligible to receive 1% increase in his or her base pay per hour. The employee must provide an official transcript and diploma. 1.2.1 2% of base pay per hour: If the employee receives a PhD degree from an accredited university in an eligible course of study either before or during employment with the City, the employee shall be eligible to receive a 2% increase in his or her base pay per hour. The employee must provide an official transcript and diploma. 2. Employees who are not required to obtain either an associate degree or bachelor degree as a qualification for their job duty shall be eligible to receive the educational incentive pay as follows: 2.1 1% of base pay per hour: If the employee receives an associate degree from an accredited college or university in an eligible course of study either before or during employment with the City, the employee shall be eligible to receive a 1% increase in his or her base pay per hour. The employee must provide an official transcript and diploma. 2.2.1 2% of base pay per hour: If the employee receives a bachelor degree from an accredited college or university in an eligible course of study either before or during employment with the City, the employee shall be eligible to receive a 2% increase in his or her base pay per hour. The employee must provide an official transcript and diploma. 3. The Mayor shall determine what qualifies as an accredited college or university, and what qualifies as eligible courses of study. ) Resolution No. 122-09 Page 8 of8 SECI'ION 12. This Resolution shall not change or limit other benefits not listed that covered employees currently have through their employment with the City. SECI'ION 13 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. PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of Decem be 2009.