1764 - Resolution - Repealing Resolution No. 1377 Establishing Employee BenefitsRESOLUTION NO. 1764t/
Repealed By: Resolution 1769
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
Date. May 12,1997 REPEALING RESOLUTION N0, 1377 AND ESTABLISHING
EMPLOYEE BENEFITS FOR NON -UNION REPRESENTED EMPLOYEES
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".
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD 00 HEREBY RESOLVE:
SECTION 1. Resolution No. 1377 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repealed.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 employees employed on a full time (40 hr pr week) basis; or
• part-time employees employed for 20+ hr pr 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;
• Contract Employees;
• Temporary Employees; and
• Part-time employees whose position is classified and budgeted for less than 20
hours per week.
SECTION 3. - SICK LEAVE.
A. 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 ninety days (90) working
days (720 hours) . Part-time employees shall have their sick leave prorated on the basis
of an amount equal to one half (4) 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.
B. 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 personnel file.
C. 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.
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D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. At the option of the employee, sickness in excess of the maximum
number of days accrued may be charged to unused vacation.
SECTION 4. - BEREAVEMENT
A. Employees shall be allowed up to three (3) day's 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 two (2) days.
B. Immediate family shall include, spouse, children, step -children,
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.
SECTION 5. - LEAVES OF ABSENCE
A. Civil Leave — Any necessary leave may be allowed by the Department
Di rector to permi t any employee to serve as a member of a jury or to exerci se hi s 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.
B. 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.
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C. 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
employees rights under applicable State or Federal Leave Law.
D. 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 6. - VACATIONS
A. 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 emplo ee's anniversary date, after three (3) ful-1
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.
B. Accumulation of Vacation Leave — Part-time employees shall have
their vacation leave prorated on the basis of an amount equal to one-half (k) 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.
C. Vacation leave to an employee's credit may be granted at any time
during the year at the discretion of the Department Director.
D. 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.
E. 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.
F. Holidays observed during an employee's vacation period shall not be
counted as vacation leave taken.
G. 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.
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H. 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
A. 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
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.
L B. 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.
C. 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.
L- D. Whenever any legal holiday other than Sunday falls upon a Sunday,
the following Monday shall be a legal holiday.
L E. 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 8. - SALARIES AND LONGEVITY PAY
A. All employees covered by this Resolution shall be classified and
compensated in accordance with the City's annual budget (annual salary ordinance).
B. 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 (.26%) 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.
C. Longevity pay will be granted to eligible employees and adjusted
thereafter on the anniversary date of their employment.
SECTION 9. - HOURS OF WORK AND WORKING CONDITIONS.
A. A maximum regular workweek shall be forty hours of work consisting
of five eight hour days during a seven day period Sunday through Saturday.
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B. 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 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.
C. 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.
D. 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 10. - HEALTH AND WELFARE.
A. 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 (including dependent
co -pay as specified in Section 10.E) for the employee, spouse and dependents until six
months from date of this resolution. Effective, in September for October premium the
City will pay 100% of the medical insurance premium as specified above for the employee
only. Spouse and dependent coverage will not be paid by the city after September of
1997. 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.
B. 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 Physicians Service, 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 dental insurance coverage as specified above for the employee,
spouse and dependent for six months from date of this resolution. Effective, October
1997 dental insurance coverage will not be offered to part-time employees or their
dependents.
For part-time employees - (hired after December 9, 1996) dental insurance
coverage will not be offered to part-time employees or their dependents.
C. 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.
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For part-time employees - (hired prior to December 9, 1996) the employer
will pay 100% of the vision insurance coverage as specified above for the employee,
spouse and dependents until until six months from date of this resolution. Effective,
October 1997 vision insurance coverage will not be offered to part-time employees or
their dependents.
For part-time employees - (hired after December 9, 1996) vision insurance
coverage will not be offered to part-time employees or their dependents.
D. The Employer shall also have the right to purchase or provide access
to equal coverage through another insurer or self -insure these benefits.
E. Effective October 1, 1996, full-time employees 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
SECTION 10. This Resolution shall not change or limit other benefits not
listed that covered employees currently have through their employment with the City.
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 10th day of
March, 1997.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk