1769 - Resolution - Repealing Resolution Nos. 1524 and 1764 Employee BenefitsRepealed By; Resolution 1831
Date: October 26 1998 RESOLUTION NO. 1769
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING RESOLUTION NO. 1524
AND RESOLUTION NO. 1764 AND ESTABLISHING
CERTAIN 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".
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. 1524 AND Resolution No. 1764 of the City of Port
Orchard are hereby repealed.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
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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 (%) 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.
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
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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 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.
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.
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 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.
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B. Accumulation of Vacation Leave — Part-time employees shall have their
vacation leave prorated on the basis of an amount equal to one-half (1/2) 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.
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 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
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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.
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.
D. Whenever any legal holiday other than Sunday falls upon a Sunday, the
following Monday shall be a legal holiday.
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 (.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.
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.
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.
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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 andlor 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 p sage this 12th day of May, 1997.
AIL::Z
LESLIJ. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk