1831 - Resolution - Repealing Resolution No. 1769 Reestablishing Certain Employee BenefitsRepealed by Resolution / Q2 S'
Date: 3-1 2 -() 1
RESOLUTION NO. 1831
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A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. 1769 AND REESTABLISHING 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 Resolution No. 1769 of the City of Port Orchard is hereby repealed.
SECTION 2. 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 CONDITIONS
(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 Director may
establish alternative work schedules to encourage and comply with Commute Trip Reduction.
(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
Resolution No. 1831
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vacation time credit unless otherwise requested by the employee. If compensatory time is not used within
the time 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).
(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 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 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.
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(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) 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 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 (%) 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 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.
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(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 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 B. 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 (%) 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.
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(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 fling 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.
(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.
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.
(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. All additional time shall be deducted from the employee's vacation leave
account.
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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. 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.
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 26`�' day of Oc ber, 1998. W.&4a��
LESLIE J. WEATHERILL, MAYOR
ATTEST: �}
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Patricia Parks, City Clerk