1830 - Resolution - Repealing Resolution No. 1822 Reestablishing Certain Employee BenefitsRepealed by Resolution / 93o
Date: —U j
RESOLUTION NO.1830
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A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 1822 AND REESTABLISHING
CERTAIN EMPLOYEE BENEFITS FOR NON -UNION REPRESENTED
POLICE SERGEANT EMPLOYEES CLASSIFIED AS FLSA NOT
EXEMPT
WHEREAS, the employment position classified as Police Sergeant was removed from the
Labor Agreement by and between the City of Port Orchard hereinafter referred to as "City' and Teamsters
Local No. 589 representing Law Enforcement Employees, 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 Resolution No. 1822 is hereby repealed in its entirety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 Police Sergeant and are on a full time (40 hr. per week) basis.
SECTION 3. HOURS OF WORK AND WORKING CONDITIONS
(1) A regular work week shall be forty (40) hours of work consisting of five (5)
consecutive eight -hour days followed by two (2) consecutive days off or four (4) consecutive ten-hour days
followed by three (3) consecutive days off during a seven-day period, except for shift changes. The FLSA
workweek shall be a seven-day period Sunday through Saturday.
(2) OVERTIME - Services performed in excess of eight (8) hours in a day or forty (40)
hours per week will be compensated for at one and one half times the regular hourly rate. if a ten-hour
workday is in effect all time over ten (10) hours will be compensated for at one and one-half times the straight
time hourly rate).
(3) CALL-BACK - Should an employee be called to duty other than the regular shift,
such employee shall receive a minimum of three (3) hours of overtime pay, excluding court time. Call back
shall not apply when the employee is called back to work within two (2) hours of the start of their regular shift.
(4) SCHEDULED OVERTIME — Should an employee be scheduled for duty other then
the regular shift, such employee shall receive a minimum of three (3) hours of overtime pay. It is understood
and agreed that the Employer may require that the employee work the entire period.
(5) COURT PAY- should an employee be called or scheduled for court such employee
shall receive a minimum of two (2) hours of overtime pay.
(6) STAND-BY — An employee shall be paid at 50% of their regular wage rate for time
he/she must stand-by at home by demand of the Court or Police Department.
(7) Should an employee be called for duty when the employee is on approved vacation,
leave time will terminate upon commencement of work and resume again after emergency work is
completed.
Resolution No. 1830
Page 2 of 6
(8) 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 resolution.
(9) MEAL ALLOWANCE — When an employee has worked twelve (12) hours or more
straight, the City will reimburse him/her for food needs up to a maximum of eight dollars ($8.00) upon
submission of restaurant receipt or voucher.
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).
(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 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 A, administered by Washington
Physicians Service, or Group Health Co -pay Plan 1, or equivalent plan, for the employee, spouse and
dependents. For employees covered by this Resolution and hired prior to August 24, 1998, the employer will
maintain, or self -insure medical benefits equal to Teamster J.C. #28 Plan. The J.C. #28 Plan book dated
7/1180 will be used to determine any and all differences.
(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 provide prescription coverage through AWC Trust Plan A, or
Group Health Co -pay Plan 1, or equivalent mutually agreed upon plan for employee, spouse and dependents
and self -insure prescription co -pay of $50 deductible per family member (maximum $150) plus 20% co -pay.
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(7) 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.
(8) The employer shall purchase Standard Insurance Company disability insurance
coverage (WI Plan A) for LEOF it employees hired prior to August 24, 1998. This will be a short-term (six-
month) plan covering non -occupational sickness, pregnancy, or accidental bodily injury. This benefit will
coincide with the employee's sick leave but no employee will receive more than 100% of his/her weekly
wage. The city will discontinue this insurance on September 30, 2000,
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) 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 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 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.
(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.
SECTION 7. HOLIDAYS
(1) In lieu of holidays, employees shall be credited with eight (8) hours holiday leave
per calendar month.
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(2) Effective 10/1/97, in addition to the above holiday leave, employees shall receive
twenty-four (24) hours additional holiday leave on their anniversary date.
(3) HOLIDAY PAY- Any employee whose shift starts on a holiday shall be paid one and
one-half (1 1/2) times the straight time rate for their full shift.
(4) Holidays shall be observed on the traditional (not statutory date). The recognized
traditional holidays are New Years' Day; Martin Luther King, Presidents Day; Memorial Day; Independence
Day; Labor Day; Veterans Day; Thanksgiving Day; the day after Thanksgiving Day and Christmas Day.
(5) An employee may carry over a maximum of ninety-six (96) hours of accrued holiday
time. All other accrued holiday hours not used by the end of each calendar year shall be forfeited. When
accrued holiday hours are not used due to the convenience of the employer, the employee will be paid in cash
at the end of the year.
SECTION 8. SICK LEAVE
(1) All full-time employees small 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. Effective October
1, 1997, 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 Director, 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 of time sufficient to liquidate the advance.
(6) 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.
(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.
Resolution No. 1830
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(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 Director
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.
the employee.
(11) The City shall pay accrued sick leave to an employee's beneficiary upon death of
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 Director. 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 10. 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 11. UNIFORM ALLOWANCE
(1) The City will replace all items of uniform as deemed necessary by the Department
Director. Shoes are not included. Employees must submit to the Employer's decision(s).
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(2) The entire cost of uniform items, except shoes are to be reimbursed to a newly
hired employee upon appointment.
(3) All clothing and equipment so furnished shall remain City property.
(4) The following duty goods shall be furnished to a new employee, if requested by the
employee:
(a) .................................................Duty belt
(b) .................................................Duty ammunition pouch
(c).................................................. Duty handcuff case
.............................
(d) .................................................Holster
(e)...... ................................. ..........Underbelt
Replacement of these items shall only be as designated by the Department Director
(5) Each employee shall be issued a raincoat and jumpsuit.
(6) Uniform cost cleaning will be paid by the City when authorized by the Department
Director.
(7) The City shall replace body armor within thirty (30) calendar days prior to the
manufacturer expiration date.
(8) The City shall pay up to fifty ($50.00) dollars for replacement of shoes/boots
confiscated due to contamination.
(9) The City shall pay an amount equal to the vision plan in effect at the time of loss for
the replacement or repair of prescription glassesicontacts when such items are lost due to damaged in the
line of duty, provided such loss or damage is not the result of employee negligence.
SECTION 12. INSURANCE SURCHARGE - When it is determined by the Safety
Committee of the Employer that an employee charged with driving Employer vehicle has a poor driving
record which causes a surcharge to be made on the Employer's insurance policy, the Employer will not
assume responsibility for this extra surcharge. The employee may elect to pay the extra surcharge
personally or resign.
SECTION 13. 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 26th day of Oc r, 1998.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
IA 124
Patricia Parks, CAy Cl rk