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HomeMy WebLinkAbout5068 ORDINANCE NO. 5008 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the Voluntary Separation and Reduced Work Week Program. WHEREAS, in an effort to accommodate budget constraints, City Council desires to give departments the option to offer incentives to employees to voluntarily separate from employment, either through retirement or resignation; and WHEREAS, City Council also desires to give departments the ability to offer employees the option to voluntarily reduce their work week schedule; and WHEREAS, the proposed incentives will expire on March 31, 2009; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Voluntary Separation and Reduced Work Week Program attached hereto as Exhibit A is hereby approved. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the l ${:;LJ day of '1:{~AJ , 2008 t Approved this OltUJJ day of ~At~ ,2008 ~ CARY BOZEMAN, Mayor 1 Voluntary Separation and Reduced Work Week Program 4t~/ CAROL ET. , City. lerk ~~ BOVICH, City Attorney ATTEST: PUBLISHED the .J~day of ~ EFFECTIVE the S.r:J..; day of ORDINANCE NO. .501oJ ,2008 ,2008 R:\Legal\Legal\Ordinances\Finance\ Voluntary Separation Ord.doc 2 Voluntary Separation and Reduced Work Week Program Ordinance No. Exhibit A 5o(O~ CITY OF BREMERTON VOLUNTARY SEPARATION AND REDUCED WORK WEEK PROGRAM This program gives city departments the option to offer incentives to employees to voluntarily separate from employment, either through retirement or resignation. City departments also may offer employees the option to voluntarily work a reduced work week schedule. I. GENERAL PARAMETERS OF THE PROGRAM Purpose In an effort to accommodate budget constraints, the voluntary separation and reduced work week programs ("voluntary program") aim to reduce salary costs and FTE levels and make more effective use of human resources while maintaining city services to its citizens. Labor Agreements Participation for employees covered by a collective bargaining agreement depends on the provisions of that agreement and approval of the respective labor union or guild. Availability The voluntary program is available through March 31, 2009. Requests for participation in this program must be made by March 31, 2009. Management Tools The voluntary program is a management tool, not an employee right. No employee shall have a contractual right to an incentive offered thr6ugh this program. Participation and Eligibility Participation in the program is entirely voluntary. To be minimally eligible for the voluntary separation or the reduced work week program, an employee must have regular, full-time status and be a non-probationary employee. City Approval Participation is subject to the employee's department director or designee and subject to the review and approval ofthe Director of Financial Services, the Human Resources Manager and the City Attorney. Approval Criteria City Approval is subject to consideration of the following criteria: . Retention of adequate levels of skilled, talented workers in needed occupations and locations. . Retention of positions, occupations, and skills that are critical to achieving the department's mission and priorities. . Reduction of supervisory levels and overhead positions. Page 1 of 4 Ordinance No. 5 O~~ Exhibit A . Difficulty or cost of replacing employees with particular skill requirements or in certain locations. . Potential disruption due to the overall loss of experienced workers. . Overall cost of the program. . The voluntary program shall not be targeted on the basis of individual or personal factors. Final approval for any employee utilizing this program is conditioned upon execution of a written agreement between the city, the employee and respective labor union or guild as applicable acknowledging the terms and conditions of the program implemented. Unemployment Compensation Employees accepting a voluntary separation are ineligible for unemployment compensation. Repayment Following a separation payment, any employee who returns to city service within five years (as an employee or contractor) must repay the separation payment. An exception to this provision may be granted, provided the department seeking to hire the former employee has sought and gained approval from the Director of Financial Services and the Mayor prior to the date of hire. Exceptions granted to this provision may require partial repayment of part of the incentive on a pro-rata basis. Effect on Retirement System V oluntary separation options cannot propose or require changes to current pension statutes, and cannot increase pension contribution rates. A separation payment must be a lump sum. It is subject to applicable withholdings, but is not considered income for retirement (average final compensation) purposes. II. VOLUNTARY SEPARATION PROGRAM Program concept and Goals The voluntary separation program gives departments the option to consider an employees request to voluntarily separate from city employment through either retirement or resignation. The program aims to reduce salary costs and FTE levels, as well as to facilitate redeployment, reorganization, and other efforts to make more effective use of human resources. This is not an early retirement program. It is not to be used to target employees on the basis of individual or personal factors. Voluntary separation must result in cost savings to the city. Basic Provisions . V oluntary separation shall not be targeted on the basis of individual or personal factors. . V oluntary separation will be subject to the terms and conditions of labor agreements as applicable. . Employees choosing to utilize the voluntary separation option will sign a form indicating that their decision to participate is entirelv voluntary and that they fully understand the re- employment and other restrictions. . The request must result in a quantified on-going savings to the city. Page 2 of 4 Ordinance No. Exhibit A 5o~ . If the request results in a position vacancy, the position will not be eliminated however it must be vacant for at least one (1) year unless otherwise approved by the City Council. · If the requested separation results in a position with a reduced work schedule due to infilling and other reassignments resulting in quantified on-going savings, the savings from the change must be realized for one year unless otherwise approved by the City Council. . Union employees will receive a lump sum payment pursuant to the formula set forth in BMC 2.50.090 as if an "at will" employee as outlined below The employee shall receive severance pay upon separation based upon years of employment with the City of Bremerton as follows: · through 2 full years of employment, 2 months severance pay · through 5 full years of employment, 2.5 months severance pay · over 5 years of employment, 3 months severance pay · In order to provide an incentive for management and professional staff, such employees will receive a lump sum payment pursuant to the formula set forth in BMC 2.50.090 as would normally be provided to them upon severance plus one additional month's compensation. III. VOLUNTARY REDUCED WORK WEEK PROGRAM Program concept and Goals The voluntary reduced work week program gives departments the option to consider an employees request to voluntarily reduce their work week schedule to 32 hours per week. The program aims to reduce salary costs, retain experienced workers, as well as to facilitate redeployment, reorganization, and other efforts to make more effective use of human resources. Basic Provisions · The voluntary reduced work week shall not be targeted on the basis of individual or personal factors. · The voluntary reduced work week will be subject to the terms and conditions of labor agreements as applicable. · Employees choosing to accept a voluntary reduced work week will sign a form indicating that their decision to participate is entire Iv voluntary and that they fully understand the restrictions. · If an employee voluntarily accepts a 32 hour work week, the position will remain authorized as a full time 40 hour per week position. · If an employee voluntarily accepts a reduction in work hours to a 32 hour work week, the employee cannot reinstate the 40 work week schedule for one (1) year unless otherwise approved by the Mayor. Thereafter, the employee has the right to reinstate the 40 work week schedule at any time. The City can reinstate the 40 hour work week schedule at any time when it is in the best interests of the City. · Upon acceptance of a reduced work week, the employees pay, vacation and sick leave Page 3 of 4 Ordinance No. tJo" 0 Exhibit A and other benefits related to hours worked are reduced accordingly. Medical, dental and vision (if applicable) benefits are not reduced. The employee's retirement is also affected due to the reduction in hours worked. R:\Legal\Legal\Ordinances\FinanceWoluntary Separation and Reduced Work Week Program.doc Page 4 of 4 AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 241913 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: November 25,2008 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $26.74. The amount has not been paid in full. P~AA{~W (Signature ofprincipal Clerk) ~ Notary Public in and for the State of Washington, Kits p County. -......-,,'"".........~'" ,,-cS:.-~.>---"',~~\\ '~ ~.'-c.-J M "-I::" G ,).. OJi,),.\ r:- ~v~-:-fi.,~,,/''V/: J J O~ e i:iI cSION r:;' II .,.<, . \, ~ I' (l o~\'i!<,\~l !' .0,~fJ. $ 0 '1\ , ~. 0 (")11-;1:) \j,. 1J ' v __ . ()~." , f l J.. . -\ ,), J.,.f>~, 1;;1' ,.: : ',~' . j::J r,,',', \ tv . \ u'_.\ 71~; ~"Y\~,~o() il~ <- :---:,' u ,.j . /,0 -<'/" co -, P',' . c:" '", ',. V',~ ,/\ .,' "" .. :\".:,;,-,/ ~~. Or \i\/AS\\\L:/ ~~_' ,~_<:';:7-' ~~,,>.::,_. AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the Voluntary Separation and Reduced Work Week Program. Subscribed and sworn to before me this day of November 28,2008. ORDINANCE NO. 5068 PASSED by the City Council the 19th day of November, 2008. The full text ofthis ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. November 25, 2008...................AD #20080172