1890 - Resolution - Employee Benefits FLSA Exempt and Professional FLSA ExemptRepealed by Resolution / Cf 2 7
Date: 3-/2-0/
I ff'ft. RESOLUTION N0.1890
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 1833 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, For purposes of this Resolution employees shall be defined to include
those employees who are classified as Administrative or Professional (FLSA Exempt).
SECTION 2, 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 Director 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 3. 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.
SECTION 4. 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
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Washington Physicians Service, or Group Health Co-pay Plan 1, or 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 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) 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:
One dependent ........................... $ 7.00
Two dependents ......................... $14.00
Three of more dependents ......... $21.00
(6) The employer shall self insure or purchase a $5,000 life insurance policy and a
$5,000 Accidental Death and Dismemberment for the employee (subscriber) only.
SECTION 5. 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 Director.
(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 frorn 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
Resolution No. 1890
Page 3 of5
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 6. 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 iri 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 ofthe Declaration oflhdependence; 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 Director.
(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 7. 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 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.
Resolution No. 1890
Page4 of5
(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 Director, 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 e~ccrued
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 Director. The Department Director 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 Director.
(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 Director and at the discretion of the City Council.
(1 0) 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 8. 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 Director.
'
Resolution No. 1890
Page 5 of5
For travel out of State an employee shall receive, subject to the approval of the Department
Director, 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 and spouse, and any other
familial inhabitant of the employees household.
SECTION 9. LEAVES OF ABSENCE.
(1) Civil Leave-Any necessary leave may be allowed by the Department Director 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 Director, 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 Director at the discretion of the appointing authority.
SECTION 10. 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 11. REPEALER. Resolution No. 1833 is hereby repealed in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
'"""' by>o Cl"k h •Oh"""'"oo •-""~"' >b ,,.,,~ ' ~
LESLIE J. WEATHERILL, MAYOR A~r/4
Patricia Parks, City Clerk