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HomeMy WebLinkAbout5210 ORDINANCE NO. 5210 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2 50 of the Bremerton Municipal Code entitled "Management and Professional Staff Compensation Program" to clarify provisions and make related changes and updates to certain provisions WHEREAS, the City Council desires to amend Chapter 2 50 of the Bremerton Municipal Code to clarify language relating to salary rate advancements as well as vacation pay -out for management and professional employees and to make other related changes and updates to certain provisions of the chapter, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Section 2 50 032 of the Bremerton Municipal Code entitled "Actual Salary Rate" is hereby amended to read as follows 2.50.032 ACTUAL SALARY RATE. Eaeh per-son ineluded m the plan shall have Ims ef: her- aetual salafy m4e set as €ellews- (a) Initial Rate The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee's position is assigned When it is in the best interest of the City, the City Council may authorize an initial salary of a newly hired person at a rate which exceeds Rate 1 (b) Salaries may be increased as follows (1) le- Rae Salary Rate 74� Advancement Each personed on er- after- januafy 1, , shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band , To receive an in al rate the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation Salary rate advancements shall be an increase of one rate in the same salary band, if available (2) Additional Advancement Those employees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional adjus salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1) , This additional advancement shall require the b detefmme ecommendation of the department head, or equivalent, and approval of the Mayor with the appFav �and City Council (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee's performance 1 Chapter 2 50 Updates (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council (c) Changes to Employee Classifications _ (1) Downgrading _ an n Employee's Classification Upon the City Council's approval of downgrading a person's classification to a lower salary band, the person's initial salary rate will be set at the same rate in the new band that was in effect in the former salary band In the event a person's salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such tune as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee's salary rate shall be set at the maximum rate of the salary band to which Ins or her position is assigned (2) Up rg adin�mployee's Classification In the event a employee is moved from ene (1) elassifieatien to amethef: elassifieatieft wl"eh is at - a lHgher salaf-f band or If an employee's classification is moved from one sal a y (4}band to a higher band (excluding promotions) the employee's salary rate at the higher band shall be set at the next step - rate which is lugher than the salary he or she was receiving at the former band Any additional rate advancements shall require City Council approval The employee's salary rate advancement date does not change (3) Promotions In the event an employee is promoted from one classification to a higher classification (one salary band to a higher salary band), the e__mployee's salary rate at the higher band shall be set at the next steprate which is lugher than the salary he or she was receiving at the former band Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, winch shall be the employee's new salary rate advancement date Any additional rate advancements shall require City Council approval Time the eWleyee had sefved at the femier step shall be used tit detefmHHag4he SECTION 2, Section 2 50 040 of the Bremerton Municipal Code entitled "Work Schedules and Leave Benefits" is hereby amended to read as follows 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules Full -time managers and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and wluch shall be the equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave tune The work schedules of part-time managers and professional staff shall be apportioned accordingly Alternative work schedules to the forty (40) hour week may be authorized by the department director and Human Resources Manager 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 tlus 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 2 Chapter 2.50 Updates the City observes the holiday and one additional floating holiday Holidays observed by the City are New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving 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) Vacatio (1) Vacation Leave Managers and professional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional positionUs) as follows through 2 full years 15 days ( 120 hours) through 5 full years 20 days ( 160 hours) after 5 full years and thereafter 25 days (200 hours) without less ef eempeasmien tmW they have eeWleted five fiffl yeafs ef ewle5qnefit and qualify fer- 25 days eaeh ealeadaf 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 unless otherwise approved by City Council (42) 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 (23) Vacation Eligibility Vacation time is taken in segments of one whole day or more Vacation leave available to a manager or professional staff member at the beginning of a vacation leave is to be sufficient to cover any vacation time to be taken ts te be taken eaeh year- so as to have ne fner-e than five (5) days ef the leave alleeated to (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 3 Chapter Z.50 Updates Continuous Employment Maximum Balance 0 through Five (5) years 20 Days (160 hours) More than Five (5) years 30 Days (240 hours) In the event a manager or professional staff member 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 , ui+Hsedvaeatteft time will be paid te the manager- to a eash payment after- the vaea4tefi balanee has been adjusted as deseFibed to (e)(1) abeve Vaeatten ttme patd eut will no Upon separation from City employment, unused vacation time will be paid to the manager or professional staff member in a cash payment as follows i Prorated Adjustment Vacation time balance accrued during the year of separation and adjusted pursuant to Subsection(c)(2 ) above, plus ii Allowable Carryover Balance The maximum allowable vacation time carryover established in Subsection (c) 4) above Any unused vacation leave exceeding the maximum allowable carryover that has been approved by the Mayor for carryover pursuant to Subsection (c) 4) is not eligible for cash out (d) Sick Leav (1) Accrual 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 tune 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 except as set forth in Subsections fet eever-ed to " 9 and 10 below (3) Banked Sick Leave for Certain Managers and Professional Staff 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 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 tune 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 4 Chapter Z50 Updates i Temporary disability resulting from personal illness or miury 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 IV Pursuant to the Family Leave Act, to care for a sick child or other family member (mouse, parent, parent -m -law or rg andparent) (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 in , if possible, of the day of lus or her scheduled work day (7) Sick Leave During Authorized Paid Leave A person who becomes Ill or is mjured 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 mjury 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 (9) Sick Leave Retirement Payment An employee who retires from City service on a PERS or LEOFF service or disability retirement, shall be provided a Sick Leave Retirement Payment at thirty -five percent (35 %) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours) The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement (10) Payment of Sick Leave Upon Death In the event of the death of an employee, the employee's estate shall be paid for the total accrued and unused sick leave hours at the employee's regular hourly wage rate in effect at the time of death (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 The first three (3) days of tune off for Bereavement Leave will be compensated at the employee's current salary The additional two (2) days of tune off for bereavement leave shall be charged against the employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee Immediate family is defined as spouse, state registered domestic partner, cluld, 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 Ber-eavement leave may be ehaFged to unused stek leave, vaeatten time er- may-be taken as tinpaid leave by the empleyee (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 furor or witness fees received by a person for the performance of such duties shall be assigned to the City 5 Chapter Z50 Updates (g) Military Leave A leave of absence with pay for a period not to exceed 4-5 21 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 professional staff member The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor (1) Leave of Absence A leave of absence without compensation may be granted by the Mayor for a period of yp to 30 working days and may be subsequently extended with the approval of the City Council Any leave of absence greater than 30 days will be without compensation and benefits unless required b,, 1� SECTION 3. Section 2 50 070 of the Bremerton Municipal Code entitled "Medical and Dental Insurance Benefits" is hereby amended to read as follows 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A manager or professional staff member covered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I II or III and 11State 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 represented employees employed in his or her department who are included in that particular system A manager or professional staff member who can provide documentation of alternative medical insurance coverage may elect to receive eie - two hundred fifty dollars ($439250 00) per month in lieu of enrolling in a medical plan offered by the City , Tthe City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washington Cities (b) Effeetive jafmffy 1 2007 gte- City will offer short-term disability insurance coverage to management and professional employees on a voluntary basis, which will be paid by the employee through payroll deduction SECTION 4. Section 2 50 060 of the Bremerton Municipal Code entitled "Retirement Benefits" is hereby amended to read as follows 2.50.060 RETIREMENT BENEFITS. Each manager or professional 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 ef", II or III, or PSERS 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 SECTION 5. Severabahty 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 6 Chapter 2.50 Updates SECTION 6. 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 day of 9 2013 W GREG WnELER, Council President Approved this 3 0 --- day of L 2013 PATTY Lffy, ayor ATTEST APPROVED AS TO FORM N � l x — 1 4 0 (�'/ � 1 4 �� ;C — SHANNON CORIN, City erk ROGER A LUB VICH, City Attorney PUBLISHED the day of h , 2013 EFFECTIVE the of 9 2013 ORDINANCE NO 5210 R \Legal\Legal\OrdmanceMuman Resources \Chapter 2 50 (Final) doc 7 Chapter 2.50 Updates AFFIDAVIT OF PUBLICATION Account #42742 AD# 20132469 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on April 5, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $38 15 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 12, 2013 I V1 Notary Public in and for the State of Washington, Kitsap County NOTARY PUBLIC STATE OF WAS CHRISTY M MOFFITT My Appointment Expires July 08, 2016 ORDINANCE NO 5210 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2 50 of the Bremerton Municipal Code entitled "Management and Professional Staff Compensation Program" to clarify provisions and make related chagnes and updates to certain provision PASSED by the City Council on the 3rd day of April, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 April 5, 2013 Ad# 20132469