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HomeMy WebLinkAbout3939I/ SUMMARY OF ORDINANCE NO. 3939 An Ordinance setting ~ a benefit plan for non-union management personnel. Section I(A) sets forth the following mandatory standard benefits which will be provided to non-union managers: (1) 75% medical coverage for employee and his/her dependents; (2) dental coverage for his/her dependents; (3) Social Security; (4) retirement contributions to PERS; (5) annual physical exam for employees over forty. Section I(B) allows non-union managers to select from a cafeteria benefit plan in an amount up to 4% of their gross salary the following: (1) life insurance; (2) deferred compensation program; (3) vision care; (4) disability insurance; (5) orthodontic care for the employee and his/her dependents; and (6) any other suitable group benefit offering recommended by the Personnel Director. Section I(C) provides a time limit within which employees must select from the cafeteria benefit plan. Section I(D) provides sick leave benefits in the amount of 200 hours per year and provides that there shall be no payoff to any non-union manager upon retirement for unused sick leave which has accrued since the effective date of the ordinance. Section I(E) sets forth the procedure to receive sick leave and requires a doctor's certificate for any sick leave absence of more than four days. Section I(F) gives the Personnel Director the authority to refuse the allowance of sick pay for any employee fraudulently seeking sick leave. Section I(G) allows use of sick leave for absences due to visits to a dentist or occulist, as well as provides for a limited use of sick leave or vacation leave to attend to funeral affairs of the employee's immediate family. Section I(H) affords the Chief and Assistant Chief of both the Fire and Police Departments 240 hours of administrative leave, with pay, to be used between the time of suspension or dismissal and the Civil Service hearing. Section I(I) grants a non-union manager an additional day of vacation if he or she uses less than three days of sick leave in any given year. Section I(J) affords non-union managers 160 hours of vacation leave per year. The 160 hours is provided in a lump sum and may be used by the employee at any time during the year. Section I(K) sets forth the procedure to receive vacation leave and allows the supervisor of the employee to deny leave if the employee's vacation will interfere unreasonably with the operation of the City. Section I(L) allows a non-union manager to take vacation leave without following the procedures set forth in Section (K) in the event of an unforeseen emergency. Section I(M) requires all non-union managers to take at least 120 hours of vacation leave each year and provides a maximum carry over of vacation earned under this Ordinance of 160 hours. In addition, existing employees may carry over vacation they had accrued under prior ordinances up to 160 hours for employees with less than five years of employment and 240 hours for employees with more than five years of employment. Section I(N) provides that non-union managers with more than two years service are entitled to a payoff for up to 200 hours of unused vacation leave upon their separation from City employment. This section also allows existing employees who have earned more than 200 hours of vacation at the time of retirement because of their ability to carry over vacation set forth in (M) above to be entitled to a payment of up to 240 hours of unused vacation. Section I(O) allows a non-union manager to take jury leave, with pay (minus the amount of compensation he receives as a juror) and military leave, with pay. Section I(P) provides that non-union man~- entitled to compensatory time. Section II(l) lists the existing City ordi superseded as far as non-union managers are conc Ordinance. APPROVED by the City Council on tb~ first reading this \ ~- day of. ~~~___ , 1984. PASSED by the City Council of the City of Br~erton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this ~% day of ~ ¢~x~_~ , 1984. MORRIE DAWKINS, Mayor A~CEST: KAT~.FN L. MCCLUSKEY, Cit~ Clerk ORDINANCE NO. AN ORDINANCE setting forth a benefit plan for non- union management personnel. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: I 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 physical examination for employees forty (40) years of age or older.1 All non-union managers must accept 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 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 abovestandard 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) orthodontic care for the employee and his/her 1Employee must sign a "Release of Medical Records" form and have results of physical examination forwarded to the Personnel Director to be entitled to this benefit. The scope to be defined by the Personnel Director. dependent(s); and (6) any other suitable group benefit offering used by other employers in plans of this type as determined by the Personnel Director. 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 and may be altered only during the first fifteen (15) days of January; 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 the effective date of this Ordinance 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) Existing non-union management employees with less than 200 hours of accrued sick leave on the effective date of this Ordinance shall accrue sick leave with pay at the rate of 200 hours per year on a daily pro-rata basis; provided, however, that they shall never accrue more sick leave than is necessary to raise their available balance to 200 hours of sick leave; (3) Existing non-union management employees with more than 200 hours of accrued sick leave shall 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" shall contain 200 hours of the employee's available sick leave balance on the effective date of this Ordinance and shall be first used for all normal sick leave withdrawals. The set aside account shall contain the remainder of the employee's available sick leave balance on the effective date of this Ordinance and shall be available for use in the event of catastrophic or prolonged illnesses. Whenever the employee's active sick leave account falls below 200 hours, he or she shall accrue sick leave with pay at the rate of 200 hours per year on a daily pro-rata basis; provided, however, that he or she shall never accrue more sick leave than is necessary to raise his or her active sick leave account balance to 200 hours of sick leave; (4) Minimum sick leave pay shall be in increments of one-half (1/2) hour for each one-half (1/2) hour or fraction thereof of absence; (5) There shall be no pay off to any non-union management employee for unused sick leave which has accrued since the effective date of this Ordinance upon separation of the City employee regardless of the reason for separation. Existing employees upon service retirement shall be entitled to a Thirty Five Percent (35%) pay off of accrued sick leave they have earned as of the effective date of this Ordinance and which remains unused as of the effective date of their 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 sick leave as of the effective date of this 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. He shall send prompt notice to his immediate superior, by telephone or otherwise, on his first day off duty; 2. He shall fill out the required forms for an application for sick leave pay within thirty-six (36) hours after his return to duty; 3. 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 sick leave account, by reason of an actual disability during that period, he must send prompt notice of the sickness to his superior and conform to these requirements; 5. He shall hold himself available for medical or other investigation of his 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, 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 shall be allowed for absences for ordinary professional treatment by a dentist or oculist. Sick leave payment may be granted for confinment 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 Chief and Assistant Chief of both the Fire and Police Departments 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^be effective until a hearing is held in front of the Civil Service Commission 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 year as measured from 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 (160) hours of vacation leave per year and no additional vacation shall accrue. Vacation leave shall be administered as follows: 1. Existing non-union management employees shall receive one hundred sixty (160) hours of vacation leave on January 20 of each year which is available for their use throughout the year. 2. 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 on January 20 of each year which is available for their use throughout the year; provided, however, that a new employee who separates from employment within the first 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 procure a "leave request" form. 2. The employee shall submit the application form to his department head, head of the directorate or the Mayor or his authorized representative depending upon who is the employee's most direct supervisor. fhe 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. 3. The supervisor shall forward the application to the Personnal Department prior to the day the vacation leave is to begin. 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 his 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 to him, such employee may, in the discretion of his 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 calendar year. Of the one hundred sixty (160) hours afforded an existing non-union management employee on January 20 of each 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 calendar year designated as beginning on the next January 20. The total maximum amount of vacation leave afforded under this Ordinance which a non-union management employee may carry over into the new calendar year designated as beginning on January 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 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, existing employees may carry over the amount of vacation leave they have accrued as of the effective date of this Ordinance and which remains unused 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 employees with more than two (2) year's service 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 existing employees 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 not 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) subpoeaned 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 compensatory time because they are salaried employees. II AFFECT OF THIS ORDINANCE ON PRIOR ORDINANCES SECTION 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 §1-5 and 7-25; Ordinance No. 2251; Ordinance No. 2267; Ordinance No. 2366; Ordinance No. 2386; Ordinance No. 2450; Ordinance No. 2594 §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 ~/~~ , 1984. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this I% day of ~~~l~ 1984. MO~I~-DAWKINS, Mayor ATTEST: KATHLEEN McCLUSKEY, ~Clerk