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