2085 - Resolution - Repealing Resolution 1952 and Establishing Certain Employee BenefitsRESOLUTION NO. 2085
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 1952 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 Resolution No. 1952 is hereby repealed in its entirety.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 CONDmONS
(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 (annual salary ordinance).
(a) 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%).
(b) 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
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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, ZOOS, 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:
longevity pay.
(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
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 -
owe Regence Plan·
Employee Only .................. $ 2.79
One dependent .................. $10.46
Two dependents ................ $18.12
Three of 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 dependents ....... $24. 79
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.
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.
semnN 6. VACATIONS
(1) The employee shall be entitled to one hundred-sixty (160) hours vacation
leave per year. The employees 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.
(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
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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.
Sf(TTON 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.
(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
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(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. 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.
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(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.
SFCTJON 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 (1S) 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.
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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.
SFCUON 1? The provisions of this resolution shall be effective October 1,
2004.
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 September 2004.
Kim E. Abel, Mayor
ATTEST: