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045-11 - Resolution - Amending Resolution 122-09 to Allow for Holiday Leave for Police CommanderIntroduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: RESOLUTION NO. 045-11 Chief of Police Chief of Police Chief of Police City Attorney December 13, 2011 December 13, 2011 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 122-09, TO ALLOW FOR HOLIDAY LEAVE OF So HOURS FOR NON-UNION REPRESENTED POLICE COMMANDER POSITION CLASSIFIED AS FLSAEXEMPT 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 employment benefits; and in doing so has determined it is appropriate to amend the holiday leave for Police employees classified as Exempt, now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: THAT: Resolution No.122-09 of the City of Port Orchard is hereby amended to read as follows: TITLE: A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 037-06 AND ESTABLISHING CERTAIN EMPLOYEE BENEFITS FOR NON-UNION REPRESENTED EMPLOYEES CLASSIFIED AS FLSA EXEMPT SECTION 2. For purposes of this Resolution employees shall be defined to include those employees who are classified as FLSA Exempt. SECTION ?.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 Februmy, being celebrated as President's Day; the last Monday of May, commonly knovm as Memorial Day; the fomth 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 fomth 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 Resolution No. 045-11 Page 2 of 3 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 Police Depmtment position, currently titled "Police Commander", is an exempt position who is required as part of their job to be available for work 24/7 and is often required to work holidays because of their command position. In lieu of taking traditional holiday leave (not including the 2 personal holidays each year), the Police Commander will be allowed up to eighty (So) hours of traditional holiday leave prorated on a 12 month basis to be used at the discretion of the employee during the calendar year subject to the approval by the Police Chief. Accrued holiday leave not taken by the end of the calendar year shall be forfeited, and no amount shall result in a buyout provision. 3. 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. 4. Anything in this mticle 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 Depattment Head. s. Whenever any legal holiday falls upon a Sunday, the following Monday shall be a legal holiday. 6. 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. AND FURTHER THAT: This Resolution shall not change or limit other benefits not listed that covered employees currently have though their employment with the City. Resolution No. 045-11 Page 3 of 3 PASS ED by the City Council o f the City of Port Orchard, SIGNED by t h e Mayor and a ttested by the City Clerk in authentication of such passage this 13th day of December 2011.