1927 - Resolution - Repealing Resolution 1890 and Reestablishing Employee BenefitsRepealed by Resolution 1950
RESOLUTION NO. 1927 Date: October 8, 2001
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 1890 AND RE-ESTABLISHING
CERTAIN EMPLOYEE BENEFITS FOR NON-UNION REPRESENTED
EMPLOYEES CLASSIFIED AS ADMINISTRATIVE FLSA EXEMPT or
PROFESSIONAL FLSA 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SECTION 1, Resolution No. 1890 is hereby repealed in its entirety.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 Administrative or Professional (FLSA Exempt).
SECTION3 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 Department Head 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.
SECTION4. 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).
(2) 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.
(3) Longevity pay will be granted to eligible employees and adjusted thereafter on the
anniversary date of their employment.
SECTIONS. HEALTH AND WELFARE
(1) Medical Coverage -For full-time employees, the Employer will provide health
insurance coverage through the Association of Washington Cities Plan A, administered by Washington
Physicians Service, or Group Health Co-pay Plan 1, or equivalent plan, for the employee, spouse and
dependents.
Resolution No. 1927
Page 2 of5
(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.
(4) The Employer shall also have the right to purchase or provide access to equal
coverage through another insurer or self-insure medical, vision, and/or dental benefits.
(5) Medical Co-pay Contribution-
(a) Effective April 1, 2001, all full-time employees who participate in the
medical insurance plan shall pay each month a portion of the above
medical coverage premiums as follows:
Employee ..................... .
One dependent ............ .
Two dependents .......... .
Three of more dependents
$ 0.37
$ 7.25
$14.49
$21.74
(b) Employee and Dependent Medical co-pay contribution adjustments:
(i) Dependent contribution: Effective October 1, 2001 and each year
thereafter, the dependent contribution rate shall be increased by
the same percentage rate as the base wage increase approved
by the City Council.
(ii) Employee contribution: Effective January 1, 2002, and each year
thereafter, 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, 2001 and effective the following January 1,
2002 the insurance premium for an "employee only" is increased
by $25, then effective January 1, 2001 the employee only
contribution rate would be eighty-eight cents ($.88).
(6) The employer shall self insure or purchase a $50,000 life insurance policy for the
employee (subscriber) only.
SECTION 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
Resolution No. 1927
Page 3 of5
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 lime 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) 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.
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.
(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
Resolution No. 1927
Page4 of5
(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 the Personnel Office (i.e., City Clerk's Office 876-4407) 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.
(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
Resolution No. 1927
Page 5 of5
(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 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 12~da~= 2001.
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t SLIE J. ~HERI~L. MAYOR
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