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HomeMy WebLinkAbout4305 ORDINANCE NO. 'er"~O.~ /~ ~3g ~ ~ O~ANCE repealing Chapter 2.50 of the Bremermn Municip~ Code ~d adopting a new Chapter providing a Management and Profession~ Stuff Compensation Program. ~ ~3q ~E CITY OF BREMERTON DOES HEREBY ORDA~: Section 1. Repeal/New Chapter. Chapter 2.50 BENEFIT PLAN FOR NONUNION MANAGEMENT PERSONNEL, is hereby repe~ed and a new Chapter 2.50, MANAGEME~ AND PROFESSIONAL STAFF COMPENSATION PROG~M, is adopt~ to read as follows: 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSA~ON PROG~M 2.50.010 POLICY STATEMENT. (a) It is the policy of the City of Bremerton to provide a m~agement and profession~ compensation Program which enables the City to employ s~ff who possess the necess~ s~lls and abilities to effectively: (1) manage the delivery of existing City se~ices and the provision of essenti~ municipal government support functions; (2) evaluate and plan fi~ture service needs; (3) advise and support the policy-making activities of the City's el~t~ officials; and (4) implement policy changes enacted by the elected represen~fives of the citizens of Bremerton. (b) It is also the policy of the City of Bremerton to structure the classification ~d compensation program for management and professional staff in a manner which assures 1 that: (1) the actual duties assigned to a classification are appropriate to the assigned level of responsibility; (2) compensation levels are consistent with the level of responsibilities assumed by staff and appropriate to the City's financial circumstances; (3) individual salary rates appropriately reflect each person's performance and experience at the responsibility level assumed with the City of Bremerton. (c) The provisions of this Program shall be applied equally to all persons included in the Program without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. (a) Applicability. The provisions of the Program adopted by this chapter shall only apply to salaried management and professional appointive positions listed below; Provided, however, for the City Auditor, tine responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the Council President. MANAGEMENT AND PROFESSIONAL STAFF Assistant City Engineer Director of Community Development Assistant City Treasurer Director Parks & Recreation Assistant Director Municipal Court Director Personnel/Labor Relations Assistant Director Parks & Recreation Director Utilities Assistant Director Utilities Fire Chief Attorney I Forestry Manager Attorney II Grants Procurement Officer Attorney II Information Services Manager 2 Budget Specialist Municipal Services Coordinator Building and Code Official Planning Manager City Attorney Police Chief City Auditor Purchasing Supervisor/Asst. City Clerk City Engineer Risk Manager City Treasurer Street Superintendent Civil Service Officer Utility Administration Supervisor Community Services Manager Utility Billing Supervisor Director Municipal Court Utility Field Superintendent Director Administrative Services/City Clerk (b) Exclusion from Representation. All classifications and all positions within classifications covered by this Program along with other City officials represent "the employer" for purposes of labor relations. As such, no classification and no position within a classification which is included in a representation unit for the purpose of collective bargaining under the State of Washington's public employee collective bargaining statutes contained in RCW 41.56 shall be included in this Program. (c) Exclusion from Civil Service System. No classification, no position within a classification and no incumbent of a position included in this Program which is covered by the City' s Civil Service System shall be included in this Program, except for the Civil Service Officer and, if not waived by the incumbent, the Fire Chief and Police Chief. (d) Non-coverage and Exemption under Fair Labor Standards Act. No classification, no position within a classification and no incumbent of a position which does not qualify for Non-coverage or Exemption from the Fair Labor Standards Act shall be included in this Program. 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules. Managers and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which are at least 3 forty (40) hours per week, including paid holiday, vacation and sick leave time. Managers and professional staff may be called back to their work place at any time to respond to emergencies. Managers and professional staff covered by this Program are non-covered or exempt from the Fair Labor Standards Act's overtime provisions. (b) Holiday Time. Managers and professional staff shall receive a full day of time off without loss of compensation for each holiday observed by the City on the day the City observes the holiday. Holidays observed by the City are: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, similar time off without loss of compensation is granted for any other holiday which the City Council takes specific official action to observe. (c) Vacation Leave Time. Managers and professional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional position as follows: through 2 full years 15 days through 5 full years 20 days after 5 full years and thereafter 25 days Managers and professional staff employed in a position covered by this plan on January 1 1991 shall be granted 20 days of vacation time off during each calendar year without loss 4 of compensation until they have completed five fi~ll years of employment and qualify for 25 days each calendar year. Upon hire and with the approval of the Mayor, the vacation leave time granted a new staff member may be set at 20 days or if a current City employee at 25 days. (1) Vacation Availability; Adjustment at Hire or Separation. Annual vacation leave is granted in full on January 1 of each calendar year; however, a pro-rata increase shall accrue on the employee's anniversary date in the year the employee qualifies for a larger vacation benefit. Managers and professional staff who are hired or who separate from employment with the City within a budget year receive vacation days on a pro-rated basis which covers the time of employment. (2) Vacation Eligibility. Vacation time is taken in segments of one whole day or more. Vacation leave available to a manager at the beginning of a vacation leave is to be sufficient to cover any vacation time to be taken. (3) Minimum Vacation Use and Scheduling. Sufficient vacation time is to be taken each year so as to have no more than five (5) days of the leave allocated in a calendar year added to the amount carried forward to the following year. Vacation leave is scheduled by mutual agreement with immediate superiors. Unused vacation leave may be used for unexpected emergency absences. (4) Maximum Unused Vacation: The maximum vacation time that shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through Five (5) years 20 Days 5 More than Five (5) years 30 Days In the event a manager has not reduced his or her vacation balance to the maximum allowable carryover at the end of a calendar year, excessive days are forfeited unless the Mayor grants an extension of time beyond the end of the calendar year during which all vacation days which exceed the maximum allowable carryover are to be taken. (5) Vacation Pay-Out. Upon separation from City employment, unused vacation time will be paid to the manager in a cash payment after the vacation balance has been adjusted as described in (c)(1) above. Vacation time paid out will not exceed maximums established in (c)(4) above. (d) Sick Leave Accrual. (1) Rate. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period. (2) Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of 125 days. Upon reaching a maximum of 125 days, no further accrual is added until such time as sick leave time is taken. Accrued sick leave time is provided as a form of self- insured short term disability coverage and no cash payment for unused sick leave time is made under any circumstances not covered in (d)(2) below. (3) Banked Sick Leave for Certain Managers: Any person covered by this Program who was employed by the City on January 20, 1985 and who had accrued, unused sick leave time set aside in a sick leave bank at that time shall have the banked time remain on record and made available for his or her use. Upon service retirement from City service, the person shall receive payment of thirty-five percent (35 %) of banked sick leave time to 6 a maximum of 120 banked days (a maximum of 42 paid days). In the event the person dies while employed with the City, the person's estate shall be paid for all days of banked time. (4) Sick Leave Incentive. Anyone who takes two (2) days or less of sick leave in a full calendar year shall have one day added to his or her vacation leave balance at the beginning of the following calendar year. (5) Sick Leave Use. Sick leave is charged in one day segments and must be accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence due to any of the reasons provided below are administered by the Mayor under Chapter 2.50.040(a) and are not charged to sick leave balances for salaried employees. Sick leave is available up to the amount of accrued sick leave balance days and may be used for: i. Temporary disability resulting from personal illness or injury. ii. Providing care for children under the age of 18 when they have a health condition that requires parental supervision or treatment. iii. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health personal care or a child's care, when such care requires parental presence to supervise or authorize treatment. (6) Notification of Sick Leave Use. A person who is absent or expects to be absent from work due to causes specified in (5). above is to promptly notify the City by telephone or otherwise by 9 a.m.,if possible, of the day of his or her scheduled work day. (7) Sick Leave During Authorized Paid Leave. A person who becomes ill or is injured during paid vacation, may request the conversion of the vacation leave to sick leave with pay by promptly notifying the City of the illness or injury and providing such information as is required by the City to verify the appropriateness of such a conversion. (8) Sick Leave Documentation and Approval. Within three days after returning to work, a person who has been absent on sick leave is to submit such forms and provide such information as is required by the City to approve the payment of sick leave. The Mayor may require a person to demonstrate that he or she has sought treatment or require other verification needed to assure that the person is fit for duty or as needed to approve paid sick leave for the absence. (e) Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of state funerals upon the death of a member of the immediate family. Immediate family is defined as spouse, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and his or her spouse. Bereavement leave may be charged to tmused sick leave, vacation time or may be taken as unpaid leave by the employee. (f) Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees received by a person for the performance of such duties shall be assigned to the City. (g) Military Leave. A leave of absence with pay for a period not to exceed 15 working days is granted for the purpose of responding to training orders as a member of the organized military reserves of the United States or of the State of Washington. (h) Administrative Leave. The Mayor may place any manager or professional staff member on paid administrative leave for up to 30 working days under circumstances which make it appropriate that the person be absent from the work place during the investigation, resolution or pendency of procedures appropriate to the circumstances involving the manager or staff member. The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor. (i) Leave of Absence. A leave of absence without compensation may be granted by the Mayor for a period of 30 working days and may be subsequently extended with the approval of the City Council. 2.50.050 DEFERRED COMPENSATION/INSURANCE OPTIONS. The City will contribute a total of four percent (4 %) of gross salary to options selected by each person from City deferred compensation and/or tax exempt benefits made available through approved City policies. 2.50.060 RETIREMENT BENEFITS. Each manager or staff member covered by this Program will be enrolled in the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I or II retirement system for which he or she qualifies. Contributions to the respective retirement systems by the City and by each employee will be made in conformance with Federal FICA Laws and State Retirement Laws. 2.50.070MEDICAL AND DENTAL INSURANCE BENEFITS. A manager or staff member covered by this Program and who qualifies for and is a member of the LEOFF I or II, and PERS I & II State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the 9 represented employees employed in his or her department who are included in that particular system. A manager or staff member who can provide documentation of alternative medical insurance coverage may elect to receive Eighty Dollars ($80.00) per month in lieu of enrolling in a medical plan offered by the City. 2.50.080 WORKERS' COMPENSATION. Each manager and staff member shall receive such workers' compensation benefits as are provided by the City pursuant to State Laws. A manager or staff member who incurs a work-related illness or injury and who qualifies to receive Workers' Compensation benefits shall be allowed to use accrued sick leave to supplement the Workers' Compensation benefits so as to provide the same salary he or she would have received for full time active service, taking into account that Workers' Compensation payments are not subject to federal or social security taxes. In no event shall the combination of Workers' Compensation and sick leave exceed the amount of an employee's regular salary at any time of the disability period. 2.50.090 SEVERANCE PAY. A manager or professional staff member may be separated from employment without cause from a position included in this Program upon receiving thirty (30) calendar days written notice of separation or pay in lieu of all or part of said notice. A person so separated shall not have the right to displace any other person employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as follows: through 2 full years of employment, 2 months severance pay through 5 full years of employment, 2.5 months severance pay 10 over 5 years of employment, 3 months severance pay A manager or professional staff member terminated for cause shall not be eligible to receive severance pay. Section 2. Effective Date. This ordinance shall become effective February 1, 1991; Provided, however, For managers and professional staff employed on February 1, BMC 2.50.040(d)(1), (2) adopted by this ordinance shall not take effect until January 1, 1992. APPROVED by the City Council of the City of Bremerton this 9 day of i.? ¢ ~.ti ;~x.*/ , 1991. // PASSED by the City Council of the City of Bremerton this /~% day of ,...% ( ~rNa iA rtxx/, 1991. N, Council President APPROVED thiso~& day of "~,,-~,.-~ , 1991. LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk 11