029-12 - Resolution - Repealing Resolutions 122-09 and 031-11 and Establishing Employee BenefitsRESOLUTION NO. 029-12
Introduced by: HR Coordinator
Requested by: HR Coordinator
Drafted by: HR Coordinator
Introduced: October 9, 2012
Adopted: October 9, 2012
A RESOLUTION OF THE CI1Y OF PORT ORCHARD,
WASHINGTON, REPEALING RESOLUTION NOS. 122-09 AND
031-11, AND ESTABLISHING CERTAIN EMPLOYEE BENEFITS
FOR NON-UNION REPRESENTED EMPLOYEES CLASSIFIED
AS FLSA EXECUTIVE EXEMPT
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 so doing, has determined it is
appropriate to extend the same benefits as the represented Public Works, Municipal Court and
Police Support Staff employees, a one year only $300 amount to the non-union represented
employees; now, therefore,
THE CI1Y COUNCIL OF THE CI1Y OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Resolution Nos. 122-09 and 031-11 of the City of Port Orchard 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repealed in its entirety.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 Executive Management (FLSA Exempt).
SECTION 3· HOURS OF WORK AND WORKING CONDITIONS
1. For Labor and Industries reporting purposes the standard workweek shall be a seven-
day period Sunday through Saturday. An employee and Appointing Authority may
establish alternative work schedules to encourage and comply with Commute Trip
Reduction.
2. Overtime -Employees covered by this resolution are excluded from specific provisions
of federal and state wage and hour laws
SECTION 4. WAGES AND LONGEVI1Y PAY
1. All employees covered by this Resolution shall be classified and compensated in
accordance with the City's annual budget.
1.1. As determined it is appropriate to extend the same benefits as the represented
Public Works, Municipal Court, and Police Support Staff employees, and receive a
one year only $300 amount to the non-union represented employees
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2. Employees hired before November 1, 2001, shall be eligible to receive longevity pay as
follows:
2.1. 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.
2.2. Longevity pay will be granted to eligible employees and adjusted thereafter on
the anniversary date of their employment.
3. Employees hired after November 1, 2001 shall not be eligible to receive longevity pay.
SECTIONs. HEALTHANDWELFARE
1. Medical Coverage -for full-time employees, the Employer will provide health
insurance coverage through the Association of Washington Cities Health First Plan,
administered by Regence BlueShield or Group Health Co-Pay Plan 1.
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.
The Employer shall also have the right to purchase or provide access to equal coverage
through another insurer or self-insure these benefits.
4. Full-time employees shall be responsible for paying a portion of the total monthly
premium for the subject medical plan by payroll deduction. The employees' share of
the monthly premium shall be based on a numeric percentage of the total cost of the
monthly premium for the subject plan (including the cost to insure dependents, if
applicable). The amount of the numeric percentage shall be calculated by converting
the monthly dollar amount employees are required to pay for each of the subject
medical plans as of September 30, 2012 into a percentage basis. Employees shall then
be responsible for paying this same percentage for each respective medical plan after
September 30, 2012. In the event of any increase in the cost of the total monthly
premium in the future for any of the subject plans, the employees shall be responsible
for paying the same percentage of the increased monthly premium amount for that
respective plan.
s. The employer shall self insure or purchase a $so,ooo life insurance policy for the
employee (subscriber) only.
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6. If an eligible employee elects to waive city medical coverage as provided in section 4
and the related insurance companies involved allow for such practice, the employee
shall be compensated two hundred fifty dollars ($250) per month through the payroll
process as a cost savings incentive. This cost savings incentive is only payable for
those full months where the employee elects to waive coverage. An eligible employee
includes any full time employees as well as part time employees hired prior to
December 9, 1996. Employees who participate may not be eligible to return to
medical coverage until open enrollment periods as outlined by the insurance carrier.
7. In order to be eligible to receive health and welfare benefits, the employee must meet
the minimum hours of work per month, if any, required by the plan provider.
SECTION 6. VACATIONS
1. The employee shall be entitled to one hundred-sixty (160) hours vacation leave per
year. The employee's vacation account shall be credited on a prorated monthly basis.
In addition each year on the employee's anniversary date, after three (3) full years of
employment, eight (8) bonus hours of vacation for each year will be credited to
his/her vacation account. The total vacation/bonus day accrual shall not exceed 304
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 Head.
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
day 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 shall be paid on the same schedule for the vacation
period as the employee would have been paid for a regular week of work.
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
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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 Head.
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 8. SICK LEAVE
1. All full-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. 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
their supervisor or departmental designee 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 Head, shall be forwarded to the City Clerk for filing in the
employee's medical file.
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3. Exempt employees may use sick leave in one-hour increments, provided that under
no circumstances will an exempt employee's weekly salary be reduced for an absence
of less than a full day
4. 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.
s. 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.
6. 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 sufficient to
liquidate the advance.
7. Requests for advance sick leave shall be submitted by the employee to the Department
Head. The Department Head 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 Human Resource Coordinator for filing in the employee's
file and the employee will be notified of the Council's decision by the Department
Head.
8. Sick leave earned after return to duty must first be applied to liquidate the sick leave
advanced before being used as regular sick leave.
9. 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 Head and at the discretion of the City Council.
10. 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.
11. 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 Head. For
travel out of State, an employee shall receive, subject to the approval of the
Department Head, an additional sixteen (16) hours. Part-time employees will receive
so% of the above hours.
2. Immediate family shall include, spouse, children, stepchildren, sister, brother,
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grandmother, grandfather, mother and father of the employee or spouse, and any
other familial inhabitant of the employees household. All additional time shall be
deducted from the employee's vacation leave account.
SECTION 10. LEAVES OF ABSENCE
1. Civil Leave -Any necessary leave may be allowed by the Department Head 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 twenty-one (21) calendar days in any period of
twelve (12) consecutive months, commencing October 1 and ending September 30,
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 Head, 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 Head at the discretion of the appointing authority.
Section 11. TRAINING AND EDUCATION
1. Education Incentive Pay is eligible to only employees hired before August 1, 2010.
Employees who are not required to have an Associate, Bachelor degree or Master's degree
as a qualification for their job duty, shall be eligible to receive the educational incentive
pay. If the employee receives an Associate degree from an accredited college or university
in an eligible course of study during employment with the City, the employee shall be
eligible to receive a 1% increase in his or her base pay per hour. If the employee receives a
Bachelor or Master's degree from an accredited college or university in an eligible course of
study during employment with the City, the employee shall be eligible to receive a 2%
increase in his or her base pay per hour.
In order to be eligible for education incentive pay under this Policy, the employee
must:
1. Be a regular full-time employee of the City of Port Orchard and hired before
August 1, 2010;
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2. Provide an official transcript, diploma, and/or any other documentation
required by the City. All such documentation must be in a form satisfactory to the
City in its discretion; and
3. Obtain written approval by the Mayor or his/her designee for the employee to
receive education incentive pay under this Policy.
The City reserves the right to discontinue this Education Incentive Pay Policy at any time
determined appropriate in the City's discretion.
2. Upon the approval of the Mayor or his/her designee, the City of Port Orchard may
reimburse an employee tuition expenses for a formal course of study from an accredited
college or university to obtain an Associates, Bachelor's or Master's degree which will
increase the employee's knowledge and skills vis-a-vis his/her present job duties at the
City and thus be beneficial to the City. Any such tuition reimbursement shall be subject to
the parameters and rules in this Policy.
Time spent by an employee in attendance at courses under this Policy shall be considered
the employee's personal time and shall not be compensated by the City. Any books,
supplies, or other non-tuition expenses incurred by the employee relating to their
respective course of study taken under this Policy will be at the sole expense of the
employee. In addition, the City shall not reimburse any employee for tuition costs that
have or will be paid by a third party or entity.
Employees may be eligible for tuition reimbursement under this Policy by meeting
the following conditions:
1. He/she must be a regular full-time employee of the City of Port Orchard;
2. Prior to enrollment, the Mayor or his/her designee must have pre-approved, in
writing, the employee's participation in this program, as well as the employee's
choice of educational institution and course of study;
3. The employee's application for tuition reimbursement must be made within
sixty ( 6o) days following the successful completion of the respective course for
which the employee seeks tuition reimbursement;
4· The employee must complete the course(s) for which he/she seeks
reimbursement with a passing grade. The employee shall provide appropriate
documentation (as determined by the City in its discretion) to the Mayor or
his/her designee from the applicable university or college which substantiates the
grade in the course(s) for which the employee seeks reimbursement and the
amount of the reimbursement requested by the employee; and
s. Funds to reimburse the employee for tuition must be available in the current
applicable department budget.
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The City reserves the right to discontinue this Policy at any time determined appropriate in
the City's discretion. In addition, the City reserves the right to refuse to allow any
employee to participate in this program and to discontinue any employee's participation in
this program at any time, for any reason, determined appropriate in the City's discretion.
Any employee choosing to participate in this program may be required to sign an
Agreement obligating him/her to repay the City for the cost of all tuition reimbursement paid by
the City to the employee under this Policy for the preceding two (2) years in the event that the
employee terminates employment with the City (measured backward from the employee's last day
of employment with the City). This Agreement shall contain, among other things, authorization
by the employee for the City to deduct monies owed to the City by the employee under this Policy
from the employee's paycheck(s).
SECTION 12. This Resolution shall not change or limit other benefits not listed that
covered employees currently have through their employment with the City.
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.
PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the
City Clerk in authentication of such passage this 9th day of October 2012.
Br andy Rinearson, CMC, City Clerk