2086 - Resolution - Repealing Resolution 1951 and Establishing Certain Employee BenefitsRESOLUTION NO. 2086
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 1951 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SECTION 1 Resolution No. 1951 of the City of Port Orchard is hereby repealed.
ca:rrroN ., 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 CONDmONS
(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 (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 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
longevity pay.
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
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.
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 S(S) 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.
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.
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.
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 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.
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.
(2) Accumulation of Vacation Leave -Part-time employees shall have their
vacation leave prorated on the basis of an amount equal to one-half (112) 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.
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(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 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.
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( 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.
SECTIONs. 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 (1/z) 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.
(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.
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(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.
semeN 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.
SECUDN 1 n. 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
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
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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 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.
SECTION 13
October 1, 2004.
The provisions of this resolution shall be effective on
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 13h day of September 2004.
KIM E. ABEL, MAYOR
ATTEST: