HomeMy WebLinkAbout41-00 Ordinance AMENDED RECORD OF ORDINANCES
D on Legal Blank Co Form No 30043
41-00 (Amended)
Ordinance No Passed
AN ORDINANCE AMENDING CERTAIN
SECTIONS OF ORDINANCE N0.98-96
(COMPENSATION PLAN FOR NON-UNION
PERSONNEL)
WHEREAS, Council has determined, upon the recommendation of the City Manager, that
certain sections of Ordinance No. 98-96 (Compensation Plan for non-union personnel)
should be amended; and
WHEREAS, Council has determined that such amendments are necessary to aid in the
recruitment and retention of awell-qualified staff; and,
WHEREAS, Council has determined that adoption of these amendments is necessary to
the administrative/operational effectiveness of the City;
NOW, TH FORE BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring:
Section 1. That Section 2. ("WAGE & SALARY STRUCTURE/ADMINISTRATION"),
paragraph A. of Ordinance No. 98-96 be amended by adding the following new job
classification titles and corresponding pay grades under the following categorical headings:
Engineering
Classification Title Pay Grade
Streetscape Specialist 7B
Finance/Accounting
Classification Title Pay Grade
Director of Fiscal Administration 11
Service, Maintenance. Streets. Utilities, Grounds & Facilities
Classification Title Pay Grade
Training/Accreditation Coordinator 6B
Section 2. That Section 2. ("WAGE & SALARY
STRUCTURE/ADMII~TISTRATION"), paragraph A. of Ordinance No. 98-96 be
amended by reassigning the following job classifications from their existing pay grades
to the following proposed pay grades (as reflected in the table below):
Classification Title Existing New
q Pay Grade and Range Pay Grade and Range
Assistant Director of Engineering 9: $39,163 - $58,744 10: $42,726 - $64,090
Police Lieutenant 10: $42,726 - $64,090 11: $46,615 - $69,923
Civil Engineer 8: $35,897 - $53,844 9: $39,163 - $58,744
Communications Supervisor 6A: $29,742 - $44,613 7A: $32,452 - $48,678
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RECORD OF ORDINANCES
Da on Le al Blank Co. Form o. 30043
Pa eg Two
Ordinance No Passed
Section 3. That Section 2. ("WAGE & SALARY STRUCTURE/ADMINISTRATION"),
paragraph A. of Ordinance No. 98-96 be amended by deleting the "Engineering Program
Specialist" job classification title and corresponding pay grade from the "Engineering"
categorical heading contained therein.
a+~
Section 4. That Section 5. ("HOLIDAYS") of Ordinance No. 98-96, in its entirety, be
amended by deleting paragraphs A through E as contained therein and replacing them
with the following:
A. The following are hereby designated as the City of Dublin's observed
holidays:
New Years's Day
President's Day
Memorial Day
Independence Day
Labor Day
Dr. Martin Luther King, Jr. Day
Veteran's Day
Thanksgiving Day
Christmas Day
B. Employees serving in full-time or part-time permanent positions shall be
compensated as follows when any of the above referenced holidays are
celebrated on such an employee's regularly scheduled workday:
(1) Employees serving in full-time permanent positions shall be paid for
a maximum of eight (8) hours on each holiday.
(2) Employees serving in part-time permanent positions shall be paid for
a maximum of four (4) hours on each holiday.
C. For non-exempt employees serving in full-time permanent positions, should
one of the above referenced holidays be celebrated on such an employee's
regularly scheduled day off, and such employee is not required to work the
holiday, such employee shall receive eight (8) hours of compensatory time at
the straight time rate, provided such employee was not absent without
authorized leave on either the workday before or after the holiday. An
employee on Sick Leave the workday before or after the holiday maybe
required to present a doctor's certificate in order to receive credit for the
eight (8) hours of compensatory time.
D. When anon-exempt employee serving in a full-time permanent position is
required to work on one of the above referenced observed holidays, which is
celebrated on such employee's regularly scheduled workday, such employee
shall receive:
(1) Eight (8) hours of pay at the straight time rate if eight (8) or less
hours are worked, and double time pay for all hours worked in excess
of eight (8);
(2) At the employee's option, eight (8) hours of pay or eight (8) hours of
compensatory time at the straight time rate; and,
(3) One-half (1/2) hour of compensatory time at the straight time rate for
each hour worked.
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RECORD OF ORDINANCES
Da on Le al Blank Co. Form 004
Ordinance No Passed ............................................................Pa e.... .fie.
E. When anon-exempt employee serving in a full-time permanent position is
required to work on one of the above referenced holidays, which is
celebrated on such employee's regularly scheduled day off, such employee
shall receive:
(1) Double time pay for all hours worked; and,
(2) At the employee's option, eight (8) hours of pay or eight (8) hours of
compensatory time at the straight time rate.
F. Should anon-exempt employee serving in a part-time permanent position be
required to work on any of the above referenced observed holidays, such
employee shall be paid at the rate of double time for all hours worked on
such holiday.
G. Should the Federal and/or State government(s) designate a specific day of
the week or a specific date on which any of the above referenced observed
holidays should be celebrated, the City of Dublin shall celebrate such
observed holidays in accordance with such designation.
H. Should any of the above referenced observed holidays fall on a Saturday, the
holiday shall be celebrated on the preceding Friday. Should any of the above
referenced observed holidays fall on a Sunday, the holiday shall be
celebrated on the following Monday.
Section 5. That Section 6. ("PERSONAL LEAVE"), paragraph C. of Ordinance No.
98-96 be amended by deleting the language contained therein and replacing such with
the following:
C. In the event that an employee is laid off from City service, such employee
shall be compensated for all unused personal leave at the rate in effect at the
time of layoff. For any other form of separation, no compensation will be
provided to the employee for unused personal leave.
Section 6. That Section 6. ("PERSONAL LEAVE") of Ordinance No. 98-96 be
amended by adding the following paragraph to Section 6:
D. Personal Leave shall not be used to artificially extend the separation date of
an employee who has resigned from employment with the City. The
effective date of the employee's resignation from employment shall be the
same as the employee's last day worked.
Section 7. That Section 7. ("SICK LEAVE"), paragraph H. of Ordinance No. 98-96 be
amended by deleting the language contained therein and replacing it with the following:
H. After at least ten (10) complete years (i.e. 120 months) of continuous service
with the City, employees who are laid off or who qualify for retirement benefits
under the Public Employees' Retirement System, and actually begin receiving
pension payments from the Public Employees' Retirement System, shall be
entitled to receive payment for accrued unused sick leave. The rate of pay for
such accrued unused sick leave shall be at the employee's standard hourly rate
of pay at separation multiplied by one-third (1/3) of the total number of accrued
unused sick leave hours. Total payment under this provision shall not exceed
540 hours. In the event an employee dies while in the employ of the City,
except as provided for in the section immediately following, and the employee
qualifies for his/her respective retirement, his/her spouse, or secondarily, his/her
estate, shall be paid the aforementioned rate of redemption for accrued unused
sick leave.
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RECORD OF ORDINANCES
Da on Le al Blank Co. Form No 30043
Pa eg_Four
Ordinance No Passed
Section 8. That Section 8. ("VACATION LEAVE"), paragraph A. of Ordinance No.
98-96 be amended by deleting the language and vacation accrual schedule contained
therein and replacing such with the following:
A. All employees serving in full-time permanent positions shall be entitled to
vacation leave with pay in accordance with the following vacation accrual
schedule:
Complete Years of Accrued Vacation
Public Service Hours der Year
0 Years - 1 Year 40 Hours
2 Years - 4 Years 108 Hours
5 Years - 10 Years 142 Hours
11 Years - 15 Years 170 Hours
16 Years - 20 Years 188 Hours
21 Years or more 218 Hours
Section 9. That Section 8. ("VACATION LEAVE"), paragraph G. of Ordinance No.
98-96 be amended by deleting the language contained therein and replacing it with the
following:
G. An employee may automatically carry over, from one calendar year to
another, a maximum of 160 hours of unused vacation leave. An employee
may carry over more than 160 hours of unused vacation leave from one
calendar year to another with the approval of the City Manager, which shall
be at the sole discretion of the City Manager.
Section 10. That Section 8. ("VACATION LEAVE") of Ordinance No. 98-96 be
amended by adding the following paragraph to Section 8:
L. Vacation Leave shall not be used to artificially extend the separation date of
an employee who has resigned from employment with the City. The
effective date of the employee's resignation shall be the same as the
employee's last day worked.
Section 11. That Section 9. ("LONGEVITY PAY"), paragraph A. of Ordinance No.
98-96 be amended by deleting the language and longevity payment scheduled contained
therein and replacing them with the following:
A. Effective January 1, 2000, all employees serving in Full-Time Permanent
positions shall be entitled to longevity pay in accordance with the following
schedule, if all complete years of service with the City have been accumulated
in Full-Time Permanent positions:
Complete Years of Service
In Full-Time Permanent Positions Amount
With The Cit~of Dublin
Four (4) through Six (6) $ 550.00
Seven (7) through Ten (10) $ 725.00
Eleven (11) through Fourteen (14) $ 850.00
Fifteen (15) through Nineteen (19) $ 950.00
Twenty (20) or more $1,025.00
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RECORD OF ORDINANCES
Da on Le al Blank Co. Form No 0043
Pa egLFive
Ordinance No Passed
Section 12. That Section 9. ("LONGEVITY PAY"), paragraph B. of Ordinance No. 98-96
be amended by deleting the language contained therein and replacing such with the
following:
B. Employees shall become eligible for their longevity payment in the pay period
in which the employee's anniversary date of appointment falls. The employee
shall actually receive such longevity payment the following pay period and such
payment shall be in a lump sum included in the employee's regular payroll
check. The payroll check in which the longevity payment is included shall be
taxed at the employee's existing W-4 rate.
Section 13. That Section 10. ("MEDICAL, DENTAL, VISION, AND LIFE
INSURANCE"), paragraph A. of Ordinance No. 98-96 be amended by adding the
following language to paragraph A. as contained therein:
"Effective January 1, 2000, the lifetime maximum for orthodontia
coverage shall be increased to $750 per person; effective January
1, 2001, the lifetime maximum for orthodontia coverage shall be
increased to $1,000."
Section 14. That Section 10. ("MEDICAL, DENTAL, VISION, AND LIFE
INSURANCE"), paragraph B. of Ordinance No. 98-96 be amended by deleting the last
sentence in paragraph B. and replacing it with the following language:
"On the date this legislation legally takes effect, the City shall
provide group term life insurance coverage in the amount of
$45,000 for each employee. Effective January 1, 2001, this
amount shall be increased to $50,000. Coverage amounts shall be
doubled if the employee is killed while performing his/her
assigned job duties for the City."
Section 15. That Section 12. ("TUITION REIMBURSEMENT PROGRAM"), paragraph
E. of Ordinance No. 98-96 be amended by adding the following language to the end of
paragraph E. as contained therein:
"Should an employee have a tuition reimbursement payback
obligation to the City, such obligation must be satisfied within one
(1) year of the employee's separation date. Failure to fully satisfy
such obligation by the former employee may generate an adverse
recommendation in response to future reference checks by
prospective employers."
Section 16. That Section 13. ("OVERTIME/COMPENSATORY TIME"), paragraph E.
of Ordinance No. 98-96 be amended by deleting the language contained therein and
replacing it with the following:
E. When anon-exempt employee is required by an appropriate supervisor to work
on the seventh (7"') consecutive day within such employee's scheduled
workweek, and such employee has actually worked the five (5) previous
consecutive days plus a minimum of four (4) hours on the sixth (6~') consecutive
day of work, such employee shall be compensated at the rate of double time for
all hours worked on the seventh (7"') consecutive day. For purposes of this
provision, the seventh (7"') consecutive day shall be considered to start at 12:00
midnight and end at 11:59 p.m.
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~L
RECORD. OF ORDINANCES
Dayton Legal Blank Co Form No 30043
Ordinance No Passed ..................................................................~a
Section 17. That Ordinance No. 98-96 be amended by adding the following new Section
to the Ordinance:
SECTION 15. SHIFT DIFFERENTIAL (Maintenance Crew Leaders/
Communication Supervisors Only)
A. Effective on the date this legislation legally takes effect, employees
serving in full-time permanent positions within the Maintenance
Crew Leader and Communications Supervisor job classifications
shall be eligible for shift differential pay as follows:
(1) For employees regularly assigned to first shift, shift
differential shall be applied to any hours worked between the
hours of 5:00 p.m. and 6:45 a.m.
(2) For employees regularly assigned to second or third shift,
shift differential shall be applied to any hours worked.
B. Shift differential pay shall be applicable to actual hours worked and
shall not be paid in addition to regular pay for any hours spent on
approved paid leave, with the exception of leave due to mandatory
training. Mandatory training is defined as classes/coursework where
employee attendance is required by the City. Time spent in optional
training programs shall not qualify for shift differential pay.
C. If authorized overtime occurs in conjunction with the regular
workday, the shift differential shall be paid for each hour of
overtime worked as specified in paragraph A. above. If shift
differential pay is applicable, and overtime occurs, the shift
differential pay shall be added to the base hourly rate prior to
computing the overtime rate. Shift differential pay will be paid on a
bi-weekly basis and will not be cumulative under any circumstance.
D. Effective upon the date this legislation legally takes effect, the shift
differential rate will be 60~ per hour. Effective January 1, 2001,
shift differential shall be increased to 65~ per hour and effective
January 1, 2002, shift differential shall be increased to 70c~ per hour.
SECTION 18. This Ordinance shall take effect and be in force on the earliest date
permitted by law`.,
Passed this ~ 4~, day of . /fi(~.v~~ , 2000.
ayor -Presiding Officer
I hereby certify that co~ares of th+s Ordnance/Resolution were post in thi
city of Dublin in accordance with Section 731.25 of the Ohio Revi Code.
ATTEST: ~I~rb f Council, Dub~i~, Ohio
Clerk of Council
c •\rl a to\hrn\fnrms\41-00
Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017-1006
Phone: 614-761-6500 • Fax: 614-889-0740 M e m o
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager
Date: March 3, 2000
Re: Ordinance No. 41-00 Amending Certain Sections of the Compensation Plan for Non-Union
Personnel
By: David L. Harding, Director of Human Resources
Attached for your consideration please find Ordinance No. 41-00 amending certain sections of the
Compensation Plan for non-union personnel (Ordinance 98-96). Adoption of this legislation would
accomplish four primary objectives:
? to adopt formal pay grades and ranges for the new job classifications authorized and funded by
the 2000 Operating Budget;
? to reassign certain job classifications to different pay grades to enhance the recruitment and
retention efforts and to achieve internal equity;
? to adopt or adjust certain benefits to re-establish some semblance of parity between Union and
Non-Union Personnel; and,
t ? to "adopt" certain controls/language which close certain "loopholes" or avoid
misinterpretations.
ADOPTION OF PAY GRADES -NEW JOB CLASSIFICATIONS
The 2000 Budget authorized a variety of new positions for which no previously adopted job classification
titles or pay grades existed in the Compensation Plan (Ordinance 98-96). Anytime new job classifications
are created, pay grades and ranges must be formally adopted by Council through the adoption of
amendments to the existing "Compensation. Plan".
Each of these new positions/classifications has been analyzed by the Human Resources Staff, taking into
consideration such factors as the marketplace comparables, internal compression and equity, and the
relative levels of responsibility and difficulty inherent to these new job classifications. Based upon this
analysis, Staff is recommending that these new positions/classifications be assigned to the following pay
grades within the City's wage/salary structure:
Page Two
Classification Title Pay Grade Pay Range
Streetscape Specialist 7B $39,902 - $49,352
Training/Accreditation Coordinator 6B $30,157 - $45,237
Director of Fiscal Administration 11 $46,615 - $69,923
PAY GRADE REASSIGNMENTS
During the past year, the pay grade assignment for several job classifications has been re-analyzed in light
of certain factors, including the internal compression and equity relative to other less responsible job
classifications and the recruitment and retention of well-qualified employees for certain highly
technicaU"hard-to-fill" job classifications.
Staff is consequently recommending that certain job classifications (i.e. Communications Supervisor and
Police Lieutenant within the Division of Police) be reassigned to a higher pay grade due to the fact that
the recent negotiation of two new Collective Bargaining Agreements covering the positions subordinate
to these two above-mentioned classifications, namely the Police Officer and Sergeant bargaining units and
the Communications Technician bargaining unit, has resulted in a smaller than appropriate differential
between the pay ranges for subordinate and supervisory level classifications (i.e. compression). Under the
Staff recommendations, both the Police Lieutenant and Communications Supervisor classifications would
be reassigned one pay grade higher from pay grade 10 to 11 and from 6A to 7A respectively, as reflected
¢ in the table shown on below. Staff believes that these pay grade reassignments will relieve the
compression presently impacting these job classifications.
Two other job classifications (i.e. Assistant Director of Engineering and Civil Engineer) are being
recommended for a reassignment to higher pay grades for reasons that, of late, it has been difficult to
recruit a large number ofwell-qualified candidates for these positions/classifications. The market is tight
at the present time in such highly technical fields of expertise. Under the Staff recommendations, both the
Assistant Director of Engineering and Civil Engineer job classifications would be reassigned one pay grade
higher from pay grade 9 to 10 and from pay grade 8 to 9 respectively, as reflected in the table shown
below. Staff believes these pay grade reassignments will enhance recruitment and retention efforts in the
future.
Page Three
Existing New
Classification Title Pay Grade and Range Pay Grade and Range
Assistant Director of
Engineering 9: $39,163 - $58,744 10: $41,726 - $64,090
Police Lieutenant
10: $42,726 - $64,090 11: $46,615 - $69,923
Civil Engineer
8: $35,897 - $53,844 9: $39,163 - $58,744
Communications
Supervisor 6A: $29,742 - $46,613 7A: $32,452 - $48,678
ADOPTION/ADJUSTMENT OF BENEFITS
The recent negotiation of two new Collective Bargaining Agreements with the Police Officer and
Sergeant bargaining units and the Communications Technician bargaining unit has resulted in
increased benefits in several areas. Staff has historically recommended and Council has
historically authorized the same increases for non-union personnel (where applicable) in an attempt
to establish some semblance of parity/consistency between union and non-union personnel. Hence,
Staff is recommending that the same increases as realized by Police Officers/Sergeants and
Communications Technicians be authorized for non-union personnel in the following areas:
• Holiday Pay Provisions
• Vacation Leave Accrual and Carry-Over Provisions
• Longevity Pay Amounts and Provisions
• Dental and Life Insurance Coverage
• Shift Differential Pay
Amendments to the above listed benefits are found in Sections 4, 8, 9, 11, 13, 14, and 17
respectively of attached Ordinance No. 41-00, and are highlighted as follows:
Holida~(Section 4)
• The number of observed holidays (9) is not only consistent with the Police
Office/Sergeant and Communications Technician Collective Bargaining
Agreements, but this number represents no net increase from the previous
Compensation Plan.
~4
~ _
Page Four
• The holiday premium pay provisions represent significant changes from the
previous pay provisions in the Compensation Plan. In addition to providing
parity with the above mentioned bargaining units, adoption of these premium pay
provisions is necessary due to the advent of shift work within the Division's of
Streets & Utilities and Grounds & Facilities.
Vacation Leave (Section 8 and 9)
• The vacation leave accrual schedule provides fora 2-hour per year increase at the
5 -10 years of service level, the 11-15 year level, the 16 - 20 year level, and the
21 or more year level. The first two levels (4 - 6 years and 7 - 10 years) remain
the same as in the previous Compensation Plan.
• The carry over of more than 160 hours of vacation leave from one Calendar year
to another, with the approval of the City Manager, represents a change from the
previous compensation Plan. This provision allows the City Manager to now
approve such a carry over when, in his sole discretion, there is a hardship
situation (i.e. inability to use vacation leave due to severe understaffing at some
time during a particular year).
Longevity Pay (Sections 11 and 12)
• The Longevity pay schedule provides for an increase at each level of schedule.
The 4 - 6 years of service level would increase by $25, the 7 - 10 year level by
$50, the 11 -14 year level by $75, the 15 - 19 year level by $75, and the 20 or
more year level by $75.
• The conditions governing the timing of the longevity payment represent a change
from the previous Compensation Plan in that eligibility is determined by the
employee's anniversary date of appointment. No longer would the employee
have the option of deferring the payment to December 15~' of that year.
Dental/Life Insurance (Sections 13 and 14~
• The lifetime maximum coverage for orthodontia, effective January 1, 2000, would
be increased from $500 to $750 per person. Effective January 1, 2001, the
lifetime maximum coverage would be increased from $750 to $1,000.
• The group term life insurance coverage would be increased from $40,000 to
$45,000 when attached Ordinance No. 41-00 would legally take effect, and would
be increased again from $45,000 to $50,000 effective January 1, 2001. The
doubled coverage amount for employees killed while performing their assigned
job did not exist in the previous Compensation Plan.
. -.v...~.- _ _ _
Page Five
Shift Differential (Section 17)
• Shift Differential pay provisions did not exist in the previous Compensation Plan
for any non-union personnel. Given the reality that Maintenance Workers receive
shift differential under the United Steelworkers Collective Bargaining Agreement
and the Police Officers/Sergeants and Communications Technicians also receive
shift differential under the Fraternal Order of Police, Capital City Lodge No. 9
and Fraternal Order of Police, Ohio Labor Council Collective Bargaining
Agreements respectively, Staff believes the provision of Shift Differential for
Maintenance Crew Leaders and Communications Supervisors would be the fair
thing to do and would establish some semblance of parity between these non-
union employees and the previous mentioned union personnel, especially with
respect to Police Officer/Sergeant bargaining units and the Communications
Technician bargaining unit.
• The shift differential pay amount for Maintenance Crew Leaders and
Communications Supervisors would start at 60~ per hour for hours worked
between 5 p.m. and 6:45 a.m. and would be effective on the date attached
Ordinance No. 41-00 would legally take effect. Effective January 1, 2001, the
shift differential would increase to 65~ per hour and effective January 1, 2002, the
shift differential would increase to 70~ per hour. These shift differential rates are
consistent on a year by year basis with the Communications Technicians
bargaining unit and the 70~ per hour rate effective January 1, 2002, compares
with the 70~ per hour rate presently received by the Police Officer and Sergeant
bargaining units.
CONTROLS/CLOSING "LOOPHOLES"
Over the past year, Staff has noted that certain situations have arisen for which the applicable
provisions of the Compensation Plan were either inadequate in providing direction guidance,
lacked controls, or were subject to misinterpretation. Hence, Staff is recommending that certain
language in certain provisions be adopted in order that proper controls would exist to address these
situations. In addition, Staff is also recommending that certain language in certain sections be
adopted to avoid misinterpretations by employees. The areas in which these language changes are
necessary are as follows:
• Compensation for unused Personal Leave upon resignation
• Personal and Vacation Leave usage
• Compensation for unused Sick Leave upon retirement
• Tuition Reimbursement payback obligation
• Double-time pay on seventh (7`") consecutive day or work
Amendments to the above listed issues are found in Sections 5, 6 and 10, 15, and 16 respectively
of attached Ordinance No. 41-00 and are highlighted as follows:
..w.....w...n.,..~-_ - _ . _ _ .~~.,_~,_.r.~~___.
Page Six
Compensation -Unused Personal Leave Section 5)
• Compensation would no longer be provided to employees upon resignation.
Under the previous provision, compensation would be paid upon resignation if
the employee completed his/her probationary period and provided 10 days of
advanced notice of his/her effective date of resignation. Staff noted that in a few
mow,., cases over the past year, employees worked less than a year for the City but then
had to be compensated for the entire year's complement of Personal Leave (32
hours) upon resignation due to the language in this provision. Therefore, Staff is
recommending that compensation no longer be provided to employees upon
resignation. Staff believes that adoption of the new language would be in the best
interest of the City.
Personal and Vacation Leave Usage (Sections 6 and 101
• Personal and Vacation Leave usage would no longer be permitted to artificially
extend the separation date of an employee who has resigned from employment
with the City. The previous Personal and Vacation Leave provisions were silent
on this issue and Staff noted that in several instances, employees would submit
their resignation to be effective 30 days more in the future and would request 2
- 3 weeks of Personal Leave and/or Vacation Leave to artificially extend their
separation dates presumably to either pad their service time with the Public
Employees' Retirement System (PERS) or to gain another month of free medical,
dental and vision coverage with the City. This produced additional costs to the
City in the way of additional medical, dental, and vision claims and contributions
on the employee's behalf to the PERS. The previous Personal and Vacation
Leave provision's lacked controls necessary to prohibit this practice by resigning
employees. Adoption of proposed language would close the existing "loophole."
Compensation -Unused Sick Leave Upon Retirement (Section 7~
• The proposed language would avoid any possible misinterpretation by employees
regarding eligibility for compensation for unused Sick Leave upon retirement
from the City. The specific language at issue is the sentence stating "After at
least ten (10) complete years of continuous service with the City, employees who
are laid off or who qualify for retirement benefits under the Public Employee's
Retirement System, and actually begin receiving_pension payments from the
Public Employees' Retirement System, shall be entitled to receive payment for
accrued unused sick leave." The phrase "and actually begin receiving~ension
payments" would replace the phrase "and actually retires from City service".
Staff is recommending this change in language for the reason that an argument
has been made by employees that by leaving the City after ten (10) complete,
continuous years of service and by terming their own separation as a "retirement"
(because they happen to meet the minimum requirements for retirement under
PERS regulations), even though they are not officially retired under PERS and
Page Seven
are not receiving retirement benefits (i.e. pension payments), this somehow
qualifies them to receive compensation for unused sick leave when leaving the
City. This was never the intent of the original language. Staff believes that the
proposed language would eliminate the possibility of any such argument
somehow being validated in the future.
Tuition Reimbursement Payback (Section 15)
• Staff is recommending that additional language be added to the existing
provisions to require an employee who has a tuition reimbursement payback
obligation, to satisfy such obligation within one (1) year from his/her effective
date of resignation. Although the existing provisions require an employee, who
resigns within the ls` year following reimbursement, to pay back to the City 100%
of any such reimbursement amount, as well as requiring an employee, who
resigns within the 2"dyear following reimbursement, to pay back 50% of any such
reimbursement amount, the provisions are silent on the issue of the period of time
within which the obligation must be satisfied. In a couple of instances,
employees have requested a payment plan that extended beyond one (1) year and,
without controlling language governing the period within which the obligation
should be satisfied, leniency was granted to repay the obligation over a period
beyond one (1) year. Staff has re-evaluated this issue and now believes that such
pay back obligations should in all cases be satisfied in full within one (1) year of
the employee's resignation. Adopting such language as part of the Tuition
Reimbursement Program regulations will provide clear, advanced notice to
employees of such a program condition.
Double-time Pay -Seventh Consecutive Day (Section 161
.w • The proposed language amends the previous language by requiring a minimum
threshold of 4 hours worked on the sixth (6°i) consecutive day in order to qualify
for double-time pay for all hours worked on the seventh (7"') consecutive day.
This amendment is necessary to address several situations in which several
employees in the past, were required to work only one (1) hour on the sixth
consecutive day yet expected double-time pay on the seventh (7"') consecutive
day. Considerable debate ensured among staff regarding the interpretation and
intent of this provision. The original intent of this provision was to offer
premium pay when employees were severely inconvenienced by being required
to actually work seven (7) consecutive 8-hour days. In the final analysis, Staff
developed a minimum threshold of at least "4 hours worked" on the sixth (6th)
consecutive day as the qualifier for double-time on the seventh consecutive day.
Staff believes that this "4-hour" threshold a more reasonable standard than a "1-
hour" standard. One (1) hour should trigger the provision of premium pay.
Adoption of the proposed language would close the "loophole".