HomeMy WebLinkAbout4113 AN ORDINANCE SETTING FORTH A BENEFIT PLAN FOR NON-
UNION MANAGEMENT PERSONNEL AND AMENDING OF THE
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:~~ (
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MANAGEMENT BENEFITS
SECTION 1: MANAGEMENT BENEFITS -
A. Standard Benefits: The following standard benefits
will be afforded to all non-union managers (1) Medical coverage
for the employee and his/her dependent(s) at the rate of seventy-
five percent (75%) of the premium with the balance to be deducted
from the employee's gross salary; (2) Dental coverage for the
employee and his/her dependent(s) at the rate of seventy-five
percent (75%) of the premium with the balance to be deducted from
the employee's gross salary; (3) Employer's share of Social
Security, as required by the Federal Insurance Contributions Act
(FICA); (4) Employer's contribution to the Public Employment
Retirement System (PERS)- and (5) An annual
medical review for employees forty (40) years of age or older.
Ail non-union managers must accept are afforded these standard
benefits except that if an employee is covered by other medical
insurance and/or dental insurance, he may elect to recover up to
fifty percent (50%) of the 9mployee only cost to the City in lieu
of using the insurance. The non-union manager must certify the
existence of medical and/or dental insurance to the Personnel
Department.
B. Cafeteria Plan: In addition to the above standard
benefits, non-union management employees may select from the
following cafeteria plan benefit coverage in an amount up to four
percent (4%) of their gross salary; (1) life insurance; (2)
deferred compensation program; (3) vision care; (4) disability
insurance; (5)~-thod~,,t- -~ ...... ~ ........ fo~ the e~
dependent(s), and (~) (5.) any other suitable group benefit
offering used by other employers in plans of this type as
determined by the Personnel Director.
The scope of the medical review is to be defined by the
Personnel Director. Employee must sign a "Release of Medical
Records" form and have results of ~"-~-~ .... ~~ medical
review forwarded to the Personnel Director to be entitled to this
benefit.
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C. Employee Option: All options given to an employee
in A and B above with regard to the selection of benefits shall
be made at the time said employee begins to work for the City .to
be effective the first day of the month following date of
e~plgyment and may be altered only during the first fifteen (15)
days of 3anuary; provided, however, that if the rules of any
benefit plan do not allow a January alteration, then the
Personnel Director shall determine when the employee may exercise
his annual option to alter a particular plan.
D. Sick Leave Benefits: (1) Non-union management
employees hired after ~ ................................
January 20, 1985 shall be afforded an immediate forty (40) hours
of sick leave with pay at the time they begin to work and shall
thereafter accrue additional sick leave with pay at the rate of
two hundred (200) hours per year on a daily pro-rata basis
inclusive of the initial forty hours afforded; provided, however,
that they shall never accrue more sick leave than is necessary to
raise their available balance to 200 hours of sick leave;
(2) E~istin9 non-union management employees wlth less than 200
hours of aoOrued stok leave un the eff~uttve date of this
Ordinance shall 'a~rue s~ck leave with pay at the rate of 200
raise their available balanue tu 200 ho~rs of stuk leave; (2)
Sick leave balances will be raised to 200 hours annually at the
~GinninG of each budget ..year and no additional sick leave will
accrue during the year~ (S) Existln~ non-u~%ion m~anagement
employees hired prior to January 20,. !985 with more than ~00
hours of accrued sick leave at that time ~ have their sick
leave balance broken into two categories defined as an "active
sick leave account" and a "set aside sick leave account." The
"active sick leave account" ~ contains 200 hours of the
employee's available sick leave balance on the eZfectlve date
this ~- ...... 1985 and ~ will be first
~d~,~,~= as of January 20, ..
used for all normal sick leave withdrawals. The set aside
account ~ contain~ the remainder of the employee's available
sick leave balance u~ ~h==~- ........ ~=~= d~=u~ ..... ~:~= O~d-~ ...... ~ .....~= as of
January 20, 1985 and shall be available for use in the event
catastrophi~ or pruion~ed illnesses, the active amount becomes
exhausted. ~ ~he employee's active sick leave account
will be raised to 200 hours annually at the beginning of each
budget year and no additional sick leave will accrue durin~ the
................................. ily ........
lear= account balance to 200 hours of sick leave (4)
~sick leave pay shall be used in increments of ~ne-halZ (~)
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eight (8) hours for each ..... - ~ (~;"' hu~= ~ f~au~ ~h=~=uZ
o~ absence; (5) There shall be no pay off to any non-union
management employee for unused sick leave which has accrued since
................. : ...... 1985 upon
~,,= =ff~t~v= da~= of th~= C~d~,,~,,~= January 20,
separation of the City employee regardless of the reason for
separation. L~ ~employees hired prior to January 20, 1985
upon service retirement shall be entitled to a Thirty Five
.Percent (35~) pay off of the set aside ~ sick leave account
they hav~ ~arned m~ of the ~ff~uttv~ 'da~m of ~hi~ Ordinance and
which remains unused as of the effective date of their service
retirement up to a maximum payment of 336 hours; or upon the
death of an existing employee, the estate shall be paid for the
total of the employee's accumulated set aside sick leave account
as uf Lh~ ~ff~u~iv~ dat~ of thl~ Ordinance and which remains
unused at the time of the employee's death, up to a maximum
payment of 960 hours.
E. Procedure to Receive Sick Leave: No payment for
absence due to disease or injury will be allowed unless such
employee completes the following requirements:
1. (S)he shall send prompt notice to his/her immediate
superior, be telephone or otherwise, on his/her first day
off duty;
2. (S)he shall fill out the required forms for an
application for sick leave pay within thirty-six (36) hours
after his/her return to duty;
3. (S)he shall take treatment and precautions or other
acceptable, effective measures to correct the condition and
return to duty as soon as reasonably possible;
4. Whenever an employee off duty on paid vacation
wishes to charge some of such absence to his/her sick leave
account, by reason of an actual disability during that
period, (s)he must send prompt notice of the sickness to
his/her superior and conform to these requirements;
5. (S)he shall be hold i~i,,%~elf available for medical
or other investigation of his/her condition;
6. The certificate of the attending physician or
designated health official is not ordinarily required for
sick leave of four (4) days or less, but may be required in
the discretion of the Personnel Director. Sick leave with
pay for more than four (4) days must always be certified by
the attending physician.
F. Fraudulent Claims: The Personnel Director with or
without the approval of the manager's superior may refuse the
allowance of sick leave pay for any employee fraudulently seeking
sick leave; provided, however, the Personnel Director first
discusses the use of sick leave with the employee. Non-union
management employees who have Civil Service status may appeal the
denial of sick leave to the Civil Service Commission; however,
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the decision of the Personnel Director is final with regard to
non-union management employees who are exempt from Civil Service.
G. Treatment by Dentists or Oculists, Bereavement
Leave: Payment for sick leave in increments of eiqht (8) hours
shall be allowed for absences for extra ordinary professional
treatment by a dentist or oculist. Sick leave payment may be
granted for confinement at home or in a hospital for disability
to which a dentist or oculist is qualified to certify. Payment
of sick leave shall not be allowed for employees off duty because
of sickness of other members of the family. The employee will be
granted three (3) days bereavement leave to attend to funeral
affairs for funerals in state and five (5) days to attend to
funeral affairs out of state of members of the employee's
immediate family. Immediate family will be defined as spouse,
children (including step-children), mother, father,
mother/father-in-law, brother sister, brother/sister-in-law,
Grandparents of both employee and spouse. All time off for
bereavement leave may be charged against the employee's sick
leave or annual leave.
H. Administrative Leave: The Chl~Z and Assistant
Chief of both Fire and Police D~partments Non-Union management
emP%oyees are hereby Granted up to 240 hours of administrative
leave. Administrative leave is defined as leave provided to one
of the above-enumerated employees, with pay, between the time of
suspension and/or dismissal until the time that a Civil Service
hearing is held on such suspension or dismissal and a
determination is made as to the appropriateness of the Order of
Suspension or Dismissal. Administrative leave shall only be
Granted in those circumstances where the suspension or dismissal
is not ~9 be effective until a hearing is held in front of the
Civil Service Gommission on said suspension or dismissal. Said
administrative leave shall be granted only by the Mayor of the
City of Bremerton and by no other authority.
I. Wellness Incentive: Any non-union management
employee who uses two (2) days or less of sick leave in any given
budget year as ,m~asu~ed fro,~ January 15 shall be entitled to an
additional day of paid vacation.
J. Vacation Leave: Non-union management employees
shall be afforded one hundred sixty (150) hours of vacation leave
per budget year and no additional vacation shall accrue.
a'vallable fur their u~e Lhrou~h the year. ~ Newly hired non-
union management employees shall receive a pro-rata share of one
hundred sixty (160) hours of vacation leave on the day they begin
employment and will receive one hundred sixty (160) hours of
vacation leave at the beqinninq on Ja,nuary 20 of each subsequent
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b__udget year which is ,available for their use throughout the
year._~ h ...... ~-~ a .....
~eny employee who separates from employment within the
b__udget ~ year shall pay back to the City any vacation leave
taken which they would not have earned had the City been on the
accrual method for determining vacation leave.
K. Procedure to Receive Vacation Leave - Except in the
case of an unforeseen emergency, vacation leave shall be granted
only when the following requirements are met:
1. Three days or more before starting leave the
employee must complete procure a "leave request" form~
Ti~ ~mpluy~ ~h~il and submit the application form to
his/he~ department head, head of the directorate or the
Mayor or his!her authorized representative depending upon
who is the employee's most direct supervisor. The
supervisor shall approve the leave unless the employee's
vacation will interfere unreasonably with the operation of
the City; provided, however, that a non-union management
employee is not entitled to take earned vacation immediately
prior to separation from City employment.
~ 2. The supervisor shall forward the application
The leave request shall be forwarded to the Personnel
Department prior to thc day ~= ...... ~=-- ~ ..... ~- ~-
with the regular payroll.
L. Unforeseen Emergency: In the case of an unforeseen
emergency such as illness, injury or death in the immediate
family, the non-union management employee may use accrued
vacation leave by notifying h/s/her supervisor as soon as
possible who shall then inform the Personnel Department of the
absence of such employee. In the event that an employee who is
faced with an unforeseen emergency does not have vacation leave
available *~.~ ~-..~..., for use~ such employee may, in the discretion
of his/her supervisor, be granted leave without pay.
M. Maximum Carryover: Each non-union management
employee must take one hundred twenty (120) hours of vacation
leave each ~ budget year. Of the one hundred sixty (160)
hours afforded an existing non-union management employee
j=~u=p¥ 20 of =~=~ at the beginning of each budqet year or the
pro-rata share of one hundred sixty (160) hours afforded a~ new
employee, only forty (40) hours may be carried over into the new
~ dg year d~si~n ted
~. The total maximum amount of vacation leave afforded under
this Ordinance which a non-union management employee may carry
over into the new ~ budget year designated ~ ~=~ ...... ~
J~n~a~ 20 shall be one hundred sixty (160) hours which means
that after two years, an employee could carry over a maximum of
eighty (80) hours of vacation leave earned under this Ordinance
and after four (4) years an employee could carry over a maximum
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of 160 hours of vacation leave earned under this Ordinance. In
addition to the one hundred sixty (160) hour maximum carry over
of the new plan, ~ employees hired prior to January 20,
1985 may carry over the amount of vacation leave they ~ had
accrued as of the effective date of this Ordinance January 20,
1985 and which remains unused at the beginning of each budget
year on each January 20 up to one hundred sixty (160) hours for
employees with less than five (5) years employment and two
hundred forty (240) hours for employees with more than five (5)
years employment. Additional carryover vacation leave may be
Granted at the discretion of the City Council in the event
requested vacation leave has been denied by an employee's
supervisor or because other special circumstances warrant
additional carryover.
N. Payoff for Unused Vacation Leave: Non-union
management mployee .................. (2} ........
e s ,~,~ ,,,~ ~,~ ~.~ ~=~ $ ~=rv~= are
entitled to a lump sum payment of wages up to two hundred (200)
hours of vacation leave earned prior to the date of separation;
provided, however, that ~ employees hired .prior to January
~0~ 198§ who have earned more than two hundred (200) hours of
vacation at the time of retirement because of their ability to
carry over vacation set forth in M above may receive a lump sum
payment up to, but no exceeding 240 hours. For purposes of
determining the amount of vacation leave payoff allowed for all
non-union management personnel, an employee may be paid for the
one hundred sixty (160) hours leave earned in the year he/she
retired on a pro-rata basis only, as if the City used the accrual
method.
O. Jury and Military Leave: A non-union management
employee shall be granted leave of absence with pay if called
for: (1) jury duty; (2) subpoenaed as a witness; or (3) for a
period of training not to exceed fifteen (15) calendar days in
any United States Government fiscal year as a member of the
organized military or naval reserves of the United States or of
the State of Washington.
Any compensation derived from (1) and/or (2) shall be
deducted from the gross pay of the employee for that period.
Such military leave as designated in (3), shall be in addition to
any vacation or sick leave to which the employee might otherwise
be entitled, and shall not involve any loss of efficiency rating,
privileges or pay, and during the period of military leave the
employee shall receive his normal pay.
P. Compensatory Time: Non-union management personnel
shall not be entitled to overtime or compensatory time because
they are salaried employees, exempt from the overtime and
~ompensatory provisions of the Fair Labor Standards Act.
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AFFECT OF THIS ORDINANCE ON PRIOR ORDINANCES
SEGTION 1: Inapplicability of B.M.C. 2.40.040-2.40.080;
B.M.C. 2.40.100-2.40.290 to non-union management personnel -
Ordinance No. 1813 Sec. 1-5 and ?-25; Ordinance No. 2551;
Ordinance No. 2267; Ordinance No. 2366; Ordinance No. 2386;
Ordinance No. 2450; Ordinance No. 2594 Sec. 1; Ordinance No.
2898; Ordinance No. 2935; Ordinance No. 2940; Ordinance No. 3025;
Ordinance No. 3194; Ordinance No. 3220; Ordinance No. 3237;
Ordinance No. 3295; Ordinance No. 3393; Ordinance No. 3445;
Ordinance No. 3667; and Ordinance No. 3776 which ordinances are
currently codified as B.M.C. 2.40.040-2.40.080 and B.M.C.
2.40.100-2.40.090 shall have no application to non-union
management personnel.
APPROVED by the_ City Council on the first reading this
day of ~,~~ , 1987.
PASSED by the City Council of the Ci~of Bremerton this
ident, C~ty
APPROVED this [~-- day of -~-{-~,-m.____ 1987.
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk
PUBLISHED:
PUBLISHED: 6/13/87
ORDINANCE: 4113
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