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1796 - Resolution - Repealing Resolution No. 1525 Establishing Employee BenefitsRepealed By: Resolution 1832 Date: October 26, 1998 RESOLUTION NO. 1796 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING RESOLUTION NO. 1525 AND ESTABLISHING CERTAIN BENEFITS FOR PORT ORCHARD MANAGEMENT EMPLOYEES WHEREAS, it is the desire of the City of Port Orchard, hereinafter "City" to provide certain employment benefits to management employees, hereinafter "employees", THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: SECTION 1. Employees shall be defined to include the City Clerk, City Engineer, City Treasurer, Municipal Court Administrator, and Chief of Police, SECTION 2. SICK LEAVE (1) Employees shall be entitled to sick leave at the rate of one day per month if not used, shall accumulate to a maximum of ninety days. Advance sick leave may be granted in cases of serious disabilities or ailments. (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 876-4467) 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 Appointing Authority, shall be forwarded to the City Clerk for filing in the employee's personnel 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. (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, 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 of time sufficient to liquidate the advance. (6) Requests for advance sick leave shall be submitted by the employee to the Appointing Authority. The Appointing Authority 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 Appointing Authority. Resolution No. 1796 Page 2 of 6 (7) 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. (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 Appointing Authority and at the discretion of the City Council. (9) At the option of the employee, sickness in excess of the maximum number of days accrued may be charged to unused vacation. SECTION 3. BEREAVEMENT (1) Employees shall be allowed up to three days compassionate sick leave for death in the immediate family upon approval and authorization of the appointing authority. For travel out -of State an employee shall receive, subject to the approval of the Appointing Authority an additional two (2) days. (2) Immediate family shall include, spouse, children, step -children, sister, brother, grandmother, grandfather, mother, and father of the employee and/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 4. LEAVES OF ABSENCE (1) Civil Leave — Any necessary leave may be allowed by the Appointing Authority 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 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. Resolution No. 1796 Page 3 of 6 (4) Unauthorized Absence -- Unauthorized absence from duty for three (3) consecutive working days shall constitute grounds for dismissal upon recommendation of the Appointing Authority at the discretion of the appointing authority. SECTION 5. 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 the anniversary of the birth of George Washington; 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 work week 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 other than Sunday 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 6. VACATIONS (1) The employee shall be entitled to 20 days vacation leave per year. The employees vacation account shall be credited on a prorated monthly basis. Resolution No. 1796 Page 4 of 6 In addition each year on the employee's anniversary date, after three full years of employment, one (1) bonus day for longevity will be credited to his/her vacation account, as shown at Appendix "A" attached hereto and incorporated herein. Upon date of termination the employee shall receive compensation for all bonus vacation leave pro -rated from the last anniversary date. The total vacation/bonus day annual accrual shall not exceed thirty-eight (38) days, 304 hours. An employee may carry over a maximum of thirty (30) days of vacation/bonus leave effective January 1 of each year. All other accrued vacation not used by the end of each year will be forfeited, except as provided in Section 5C of this Resolution. However, upon termination, vacation and bonus leave pay out shall not exceed 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. (2) Employees shall notify the appointing authority prior to taking leave. (3) In the event that during the year, workload demands are such the appointing authority is unable to allow the employee to take vacation leave, resulting in vacation leave accruing in excess of thirty (30) days of December 31, of each year; the Appointing Authority is authorized to allow the employee to be paid in cash at the prevailing wage for those days in excess of thirty (30) days not to exceed ten (10) days. The employee and the immediate supervisor are to make every effort to schedule vacation leave for the employee to avoid vacation leave accrual in excess of thirty (30) days or two hundred and forty (240) hours. (4) Upon termination of employment, accrued vacation/bonus leave will be paid in cash at the prevailing salary. SECTION 7. In addition to any salary adjustment, employees will receive longevity pay in accordance with the following: (1) After completion of two years full-time employment, an employee shall be eligible for longevity pay. Such longevity pay shall be the employee's base pay plus .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) Longevity pay will be granted to eligible employees on the anniversary date of their employment. In the event an eligible employee would receive an amount of longevity pay less than received prior to this contract, such employees' longevity pay would not be adjusted until their next anniversary date. Resolution No. 1796 Page 5 of 6 SECTION 8. The City will provide health insurance coverage and dental coverage for the employees and their dependents. premiums as follows: Employees shall pay each month a portion of the medical coverage One dependent ........................ $ 7.00 Two dependents ......................$14.00 Three of more dependents ...... $21.00 The City shall have the option to negotiate with the employee for medical/dental coverage on a dependent who is covered by another employer paid health plan, which duplicates coverage. SECTION 9. This Resolution shall not change or limit other benefits not listed that covered employees now have through their employment with the City. 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 14`h day of January 1998. LESLIE J. WE THERILL, MAYOR ATTEST: Patricia Parks City Clerk Resolution No. 1796 Page 6 of 6 APPENDIX "A" YEAR OF DAYS CREDITED DAYS CREDITED COMPLETED PER MONTH ON ANNIVERSARY SERVICE (12 DAYS PER YEAR) DATE 3 1 1 4 1 2 5 1 3 6 1 4 7 1 5 8 1 6 9 1 7 10 1 8 11 1 9 12 1 10 13 1 11 14 1 12 15 1 13 16 1 14 17 1 15 18 1 16 19 1 17 20 1 18