HomeMy WebLinkAbout2005-030 Sick Leave Exchange Cap ORDINANCE NO 2005- 30
AN ORDINANCE relating to personnel, clarifying that the sick leave exchange cap under
certain conditions for management employees upon retirement is thirty
seven thousand five hundred dollars ($37,500 00), and amending
subsection E of Section 2.40 030 of Chapter 2.40 of the City of Yakima
Municipal Code to reflect said clarification.
WHEREAS, on November 20, 2001, the Yakima City Council passed Ordinance
No 2001 -64 which amended Section 2.40 030 of the Yakima Municipal Code with regard to sick
leave benefits for City employees, and
WHEREAS, and relevant to this ordinance, Subsection (E)(2)(a) of YMC Section 2.40 030
was amended to increase the sick leave exchange cap for management employees upon
retirement from twenty -five thousand dollars ($25,000 00) to thirty -seven thousand five
hundred dollars ($37,500 00), and
WHEREAS, when Ordinance No 2001 -64 was formally incorporated and codified into
the Yakima Municipal Code by an outside entity utilized by the City of Yakima for such
purposes, the code reviser failed to include the language of the ordinance that increased the sick
leave exchange cap from twenty -five thousand dollars ($25,000 00) to thirty -seven thousand five
hundred dollars ($37,500 00), and
WHEREAS, and in fact, the code reviser inadvertently and mistakenly inserted
language that lowered the sick leave exchange cap from twenty -five thousand dollars
($25,000 00) to eighteen thousand seven hundred and fifty dollars ($18,750 00), and
WHEREAS, on December 13, 2003, and before the code reviser's mistake was
recognized and corrected, the Yakima City Council passed Ordinance No 2003 -78, which also
amended Section 2.40 030 with regard to the use of sick leave by City employees, and
WHEREAS, City of Yakima Ordinance No 2003 -78 contained the incorrect sick leave
exchange cap language as it then appeared in the Yakima Municipal Code, and
WHEREAS, this ordinance is intended to correct said mistake and clarify that the sick
leave exchange cap for management employees upon retirement is thirty -seven thousand five
hundred dollars ($37,500 00), now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Subsection E of Section 2.40 030 of the City of Yakima Municipal Code is
hereby amended to read as follows.
"E. Sick Leave Exchange. All management employees as defined by YMC
Section 2.20 115 may exchange accrued sick leave for pay or for additional leave
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time as appropriate, in accordance with the options provided the employee,
subject to the following provisions.
1 Except as otherwise provided in subsection (E)(3), exchange of accrued sick
leave for cash will be granted for those employees with less than ninety days
(seven hundred twenty hours) of accrued sick leave in accordance with the
following.
a Effective January 1, 2002, upon retirement the employee's accrued sick
leave will be exchanged for pay at the rate of fifty percent of the employee's
current base pay to a maximum of eighteen thousand seven hundred and fifty
dollars.
b Effective January 1, 2002, upon termination under honorable conditions, as
distinct from retirement, the employee's accrued sick leave will be exchanged for
pay at the rate of twenty -five percent of the employee's current base pay to a
maximum of eighteen thousand seven hundred and fifty dollars. Honorable
termination includes layoff for budget reasons, resignation with proper notice,
and position abolition.
2. Except as otherwise provided in subsection (E)(3), exchange of accrued sick
leave for additional leave days or for cash will be granted to employees who
have accrued ninety days (seven hundred twenty hours) or more days subject to
the following provisions.
a. Effective January 1, 2002, upon retirement, the employee's accrued sick
leave up through a maximum of one hundred twenty -five days (one thousand
hours) will be exchanged for pay at the rate of one hundred percent of the
employee's current base pay to a maximum of e teenthirty - seven thousand
scvcnfive hundred and fifty dollars.
b Effective January 1, 2002, upon termination under honorable conditions, as
defined in subsection (E)(1)(b) of this section, as distinct from retirement, the
employee's accrued sick leave up to a maximum of one hundred twenty -five
days (one thousand dollarshours) will be exchanged for pay at the rate of fifty
percent of the employee's current base pay to a maximum of eighteen thousand
seven hundred and fifty dollars.
c Employees who have accrued more than ninety days (seven hundred
twenty hours) of sick leave may exchange such sick leave for bonus (additional)
leave days at the rate of four days of sick leave for each additional leave day, not
to exceed a total of five added leave days annually, utilization of which would be
subject to the scheduling and approval by the department head.
3 Effective January 1, 2002, upon the death of an employee, the employee's
accrued sick leave up through a maximum of one hundred twenty -five days (one
thousand hours) will be exchanged for pay at the rate of one hundred percent of
the employee's current base pay to a maximum of thirty -seven thousand five
hundred dollars.
4. In December of each year, any accruals beyond the one- hundred - twenty-
day limitation applicable to fire department employees not covered by the
Washington State Law Enforcement Officer's and Firefighter's Retirement
System will be automatically exchanged based upon the formula of eight hours
pay for each thirty -two hours accrued or a percentage thereof for smaller
accruals. Such pay will appear on the employee's final paycheck for the year
5 Sick Leave Exchange Procedure Any management employee may
exchange accrued sick leave as provided in subsections (E)(1), (E)(2) or (E)(3) of
this section at the option of the employee, subject to the following conditions and
provisions.
a A request for such an exchange shall be made to the director of finance and
budget. All requests shall be in writing and shall be signed by the employee
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making the request, or the legal representative of the estate of the employee in
the event of the death of the employee
b Requests will be accepted only during the first five working days of each
month with exchanged leave to be available within fifteen calendar days of the
date the request is received by the office of the director of finance and budget.
Exceptions to the above will be made for death, termination, layoff or disability
retirement.
c. No request will be granted for less than eight hours' pay or a minimum of
three days' leave
d. No exchange will be granted to an employee who has been terminated for
cause, as defined by civil service "
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
Section 3 This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 28"' day of June, 2005
( a.-1....-C T- s 'al-r-'
Paul P George, May
ATTEST
K tits2-."-- .,.2 Ie..0-6-4.h...--d
City Clerk
Publication Date: 7 -1 -2005
Effective Date: 7 -31 -2005
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT D- Item No
For Meeting of 6/28/2005
ITEM TITLE. Consideration of ordinance amending Section 2 40 030(E) to clarify
and reaffirm the sick leave exchange cap for retiring management
group employees
SUBMITTED BY Paul McMurray, Senior Assistant City Attorney I
Sheryl Smith, Deputy Manager, Human Resources Division
CONTACT PERSON /TELEPHONE. Sheryl Smith (249 -6868)
SUMMARY EXPLANATION On November 20, 2001, the Yakima City Council passed
Ordinance No 2001 -64 which amended Section 2.40 030 of the Yakima Municipal Code
with regard to sick leave benefits for City employees. As part of that ordinance, Subsection
(E)(2)(a) of YMC Section 2 40 030 was amended to increase the sick leave exchange cap
under certain conditions for management employees upon retirement from twenty -five
thousand dollars ($25,000 00) to thirty -seven thousand five hundred dollars ($37,500 00)
When Ordinance No 2001 -64 was formally incorporated and codified into the
Yakima Municipal Code by an outside entity utilized by the City of Yakima for such
purposes, the code reviser failed to include the language of the ordinance that increased the
sick leave exchange cap In fact, the code reviser inadvertently and mistakenly inserted
language that lowered the sick leave exchange cap from twenty -five thousand dollars
($25,000.00) to eighteen thousand seven hundred and fifty dollars ($18,750 00)
On December 13, 2003, and before the mistaken language was recognized and
corrected, the Yakima City Council passed Ordinance No 2003 -78, which also amended
Section 2.40 030 with regard to the use of sick leave by City employees. Unfortunately,
Ordinance No 2003 -78 contained the incorrect sick leave exchange cap language as it then
appeared in the Yakima Municipal Code The attached ordinance is intended to correct
said problem and clarify and reaffirm that the sick leave exchange cap under certain
conditions for management employees upon retirement is thirty -seven thousand five
hundred dollars ($37,500 00)
Resolution Ordinance X Other (Specify)
Contract Mail to (name & address)
Phone.
Funding Source N/A
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION Enact ordinance
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005 -30