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HomeMy WebLinkAbout2015-024 PERS 1 Management Employees Vacation; YMC Amendment 2.40.015 ORDINANCE NO. 2015 -024 AN ORDINANCE amending YMC Section 2.40.015, PERS 1 Management employees' vacation accruals and amending YMC Section 2.40.080, Holidays with pay to add an additional personal holiday for PERS 1 management employees. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 2.04.015 of the Yakima Municipal Code is amended to read as follows: 2.40.015 PERS 1 Management employees. All employees of the city of Yakima who are members of PERS 1 and in the management group shall accrue and accumulate the following types of leave: A. Vacation Leave 1. Vacation leave shall accrue at the following rates: a. Employees with Tess than two years of service shall earn eight hours per month of service (twelve days per year); b. Employees with two years or more but less than six years of service shall earn nine and one third hours per full month of service (fourteen days per year); c. Employees with six years or more but less than ten years of service shall earn twelve hours per full month of service (eighteen days per year); d. Employees with ten years or more but less than fifteen years of service shall earn fourteen hours per month of service (twenty one days per year); e. Employees with fifteen or more years of service shall earn sixteen hours per full month of service (twenty four days per year). f. Employees with twenty or more years of service shall earn seventeen point zero eight (17.08) hours per full month of service. 2. The employee may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two years of service, according to the accrual rates above. 3. One time per calendar year, the employee may sell back up to one third of the accrued vacation hours that were earned in the preceding twelve month period submitted on a form generated by the finance department. 4. Vacation Terminal Leave a. A permanent employee, when leaving the service of the city in good standing and who has given at least two weeks' notice of their intention to leave, shall be compensated for vacation leave earned and accumulated to the date of separation. b. No compensation for vacation leave shall be payable to any employee who terminates their employment or is terminated before they have completed six months of service. c. Any eligible employee who is discharged or resigns as a result of disciplinary action shall be entitled to be compensated for only that vacation 1 leave which was earned in preceding calendar years and not used at time of separation. This provision shall apply to employees who quit without giving at least two weeks' notice. d. Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated. B. Sick Leave 1. Sick leave shall accrue at the rate of two working days of leave for each of the first six full calendar months of the employee's service with the city, and no sick leave shall accrue for any such employee for the seventh through the twelfth full calendar months of service. Thereafter, commencing with the thirteenth full calendar month of service, each employee shall accrue sick leave at the rate of one working day of leave for each full calendar month of service. 2. Unused sick leave may be accumulated for an unlimited maximum period. 3. Permissible use of sick leave shall be governed by YMC 2.40.030(B), 2.40.030(C) and 2.40.030(D). 4. Employees may exchange accrued sick leave for pay or for additional leave time as appropriate, subject to the following provisions: a. Except as provided in subsection 2.40.015(B)(4)(c), exchange of accrued sick leave for cash will be granted for those employees with less than ninety days (720 hours) of accrued sick leave in accordance with the following: i. 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. ii. 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. b. Except as provided in subsection 2.40.015(B)(4)(c), exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued ninety days (720 hours) or more days subject to the following: i. Upon retirement the employee's accrued sick leave up through a maximum of one hundred twenty five days (1000 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. ii. Upon termination under honorable conditions, as distinct from retirement, the employee's accrued sick leave up to a maximum of one hundred twenty five days (1000 hours) 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. iii. Employees who have accrued more than ninety days (720 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. c. Upon the death of an employee, the accrued sick leave up through a maximum of one hundred twenty five days (1000 hours) will be exchanged 2 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. d. The employee is eligible for sick leave transfer as provided in YMC 2.40.110. Section 2. Chapter 2.04.080 of the Yakima Municipal Code is amended to read as follows: 2.40.080 Holiday with pay. A. The following days are established as holidays with pay for all eligible employees of the city of Yakima: the first day of January (New Year's Day), the third Monday of January (Martin Luther King, Jr. Day), third Monday of February (Presidents Day), the last Monday of May (Memorial Day), fourth day of July (Independence Day), first Monday of September (Labor Day), eleventh day of November (Veterans Day), fourth Thursday of November (Thanksgiving Day), the day immediately following Thanksgiving Day, and the twenty -fifth day of December (Christmas). B. In addition to the days specified in subsection A of this section, all eligible employees shall be entitled to one paid personal holiday to be selected by the employee subject to the following conditions: 1. The employee has been or is scheduled to be continuously employed for the city for more than six months; 2. The employee has given not less than fourteen calendar days of written notice to the appointing authority; provided, however, the employee and the appointing authority may agree on an earlier date; 3. The appointing authority has approved the day; 4. The day selected does not prevent a department from providing continued public service and does not interfere with the efficient operation of the department; 5. The personal day must be taken during the calendar year or entitlement to the day will lapse except when an employee has requested a personal holiday and the request has been denied; and 6. The personal holiday is not taken off immediately before or immediately after another holiday unless approved by the appointing authority; 7. Management employees who are not members of PERS 1 are not eligible for the personal holiday in this subsection B. 8. Beginning January 1, 2016, all management employees who are members of PERS 1 will be eligible for a second paid personal holiday subject to the conditions of YMC 2.40.080.B. C. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Saturday, the preceding Friday shall be scheduled as a holiday for part of the employees of each city department, and the remaining employees of each department shall be granted another day off within thirty days after any such holiday, with such day off to be scheduled for each employee entitled thereto at a time determined at the discretion of the department manager to be practical so as not to interfere with service to the public, but so as to give the employee the choice of the day preferred if possible. 3 D. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Sunday, the succeeding Monday shall be scheduled as a holiday; provided, that if a service must be provided for the convenience or necessity of the public on that Monday, the department providing such service may assign an appropriate number of employees to work and such employees will be granted an equivalent day off within thirty days of the holiday with such day off to be scheduled for each employee entitled thereto at a time determined by the department head but giving the employee the choice of the day preferred if possible. E. Eligible employees shall receive one day's holiday pay at the straight time rate for each holiday specified in subsection A of this section on which those employees perform no work; if the eligible employee performs work on a holiday, that employee shall receive holiday pay plus overtime pay for all hours worked, except for employees covered by subsections I and J of this section. The holiday shall be included as "time worked" at straight time for the purpose of determining whether an employee has worked forty hours in a week. F. When eligible employees below the level of division head other than those working on jobs where employees are scheduled to work in shifts in a service that is rendered seven days per week and twenty -four hours per day are required to work on a holiday, they shall be paid for such work at the rate of time and one -half in addition to their regular pay. G. In the event that a holiday occurs during a period of annual leave of an employee, such holiday shall not be charged as a day of leave. H. No employee shall be paid for a holiday unless such employee is in a pay status both the workday before and the workday after such holiday except for employees working special schedules wherein holidays are worked as a part of that schedule. In the police and fire departments, holiday leave shall be governed by the applicable collective bargaining agreement. J. A management employee in the police department shall be granted time off in lieu of holidays in an amount equal to the actual number of holidays enjoyed by other employees during the calendar year. The amount of time off in lieu of holidays to be granted during each year shall be computed each January and scheduled to be taken during the calendar year. The amount of time off in lieu of holidays to be granted an employee who is employed for a partial calendar year shall be prorated for the period of the calendar year during which that individual is employed and a deduction shall be taken from the salary of any employee who ceases employment and who has taken time off in lieu of holidays in excess of the pro rata amount to be granted the employee by the provisions of this section. Any time off in lieu of holidays not taken by December 31st of each year shall be forfeited unless the city manager extends the time within which such time off may be taken because of an emergency or other unusual circumstances. K. In the event that a holiday falls on an employee's regular day off, the employee shall have equal time off to be scheduled within ninety days. (Ord. 2014- 4 026 § 1 (part), 2014: Ord. 2014 -023 § 6 (part), 2014: Ord. 2002 -23 § 1, 2002: Ord. 2178 § 1, 1978; Ord. 2062 §§ 1, 2, 1977; Ord. 2041 § 1, 1977: Ord. 1967 § 1, 1976: Ord. 1848 §§ 1, 2, 1975; Ord. 1203 §§ 2, 3, 1970: Ord. 1081, 1968; Ord. 447 § 7, 1963: Ord. 69 § 1, 1960). Section 3. This ordinance shall be in full force and effect on January 1, 2016, after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15t day of September, 2015. 4 (; Micah Cawley/Mayor ATTEST: �- Sonya Cla -t ee, City Clerk j . ''1/ Publication Date: September, 18, 201 Effective Date: January 1, 2016 5 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S.E. For Meeting of: September 15, 2015 ITEM TITLE: Ordinance amending YMC Section 2.40.015, PERS 1 Management employees' vacation accruals, and amending YMC Section 2.40.080, Holidays with pay, to add an additional personal holiday for the two PERS 1 management employees. SUBMITTED BY: Bronson Faul, Assistant City Attorney SUMMARY EXPLANATION: The City and the unrepresented management group have negotiated for the issues addressed in the ordinance for the purpose of promoting the morale of the employees of the City of Yakima. This ordinance will grant the PERS 1 members of the unrepresented management group an additional personal holiday and add a new level of vacation accrual after 20 years of service to be consistent with other bargaining groups accruals. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: NA Strategic Priority: NA Insurance Required? No Mail to: Phone: APPROVED FOR .� SUBMITTAL: City Manager RECOMMENDATION: Staff respectfully requests Council pass the ordinance ATTACHMENTS: Description Upload Date Type ❑ Ordinance re YMC 2.40.015 - Strikeout copy 9/1/2015 Ordinance ❑ Ordinance - Vacation accrual and personal holiday -Final 9/1/2015 Ordinance copy ORDINANCE NO. 2015 - AN ORDINANCE amending YMC Section 2.40.015, PERS 1 Management employees' vacation accruals and amending YMC Section 2.40.080, Holidays with pay to add an additional personal holiday for PERS 1 management employees. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 2.04.015 of the Yakima Municipal Code is amended to read as follows: 2.40.015 PERS 1 Management employees. All employees of the city of Yakima who are members of PERS 1 and in the management group shall accrue and accumulate the following types of leave: A. Vacation Leave 1. Vacation leave shall accrue at the following rates: a. Employees with less than two years of service shall earn eight hours per month of service (twelve days per year); b. Employees with two years or more but less than six years of service shall earn nine and one third hours per full month of service (fourteen days per year); c. Employees with six years or more but less than ten years of service shall earn twelve hours per full month of service (eighteen days per year); d. Employees with ten years or more but less than fifteen years of service shall earn fourteen hours per month of service (twenty one days per year); e. Employees with fifteen or more years of service shall earn sixteen hours per full month of service (twenty four days per year). f. Employees with twenty or more years of service shall earn seventeen point zero eight (17.08) hours per full month of service. 2. The employee may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two years of service, according to the accrual rates above. 3. One time per calendar year, the employee may sell back up to one third of the accrued vacation hours that were earned in the preceding twelve month period submitted on a form generated by the finance department. 4. Vacation Terminal Leave a. A permanent employee, when leaving the service of the city in good standing and who has given at least two weeks' notice of their intention to leave, shall be compensated for vacation leave earned and accumulated to the date of separation. b. No compensation for vacation leave shall be payable to any employee who terminates their employment or is terminated before they have completed six months of service. c. Any eligible employee who is discharged or resigns as a result of disciplinary action shall be entitled to be compensated for only that vacation leave which was earned in preceding calendar years and not used at time of separation. This provision shall apply to employees who quit without giving at least two weeks' notice. d. Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated. B. Sick Leave 1. Sick leave shall accrue at the rate of two working days of leave for each of the first six full calendar months of the employee's service with the city, and no sick leave shall accrue for any such employee for the seventh through the twelfth full calendar months of service. Thereafter, commencing with the thirteenth full calendar month of service, each employee shall accrue sick leave at the rate of one working day of leave for each full calendar month of service. 2. Unused sick leave may be accumulated for an unlimited maximum period. 3. Permissible use of sick leave shall be governed by YMC 2.40.030(B), 2.40.030(C) and 2.40.030(D). 4. Employees may exchange accrued sick leave for pay or for additional leave time as appropriate, subject to the following provisions: a. Except as provided in subsection 2.40.015(B)(4)(c), exchange of accrued sick leave for cash will be granted for those employees with less than ninety days (720 hours) of accrued sick leave in accordance with the following: i. 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. ii. 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. b. Except as provided in subsection 2.40.015(B)(4)(c), exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued ninety days (720 hours) or more days subject to the following: i. Upon retirement the employee's accrued sick leave up through a maximum of one hundred twenty five days (1000 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. ii. Upon termination under honorable conditions, as distinct from retirement, the employee's accrued sick leave up to a maximum of one hundred twenty five days (1000 hours) 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. iii. Employees who have accrued more than ninety days (720 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. c. Upon the death of an employee, the accrued sick leave up through a maximum of one hundred twenty five days (1000 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. d. The employee is eligible for sick leave transfer as provided in YMC 2.40.110. Section 2. Chapter 2.04.080 of the Yakima Municipal Code is amended to read as follows: 2.40.080 Holiday with pay. A. The following days are established as holidays with pay for all eligible employees of the city of Yakima: the first day of January (New Year's Day), the third Monday of January (Martin Luther King, Jr. Day), third Monday of February (Presidents Day), the last Monday of May (Memorial Day), fourth day of July (Independence Day), first Monday of September (Labor Day), eleventh day of November (Veterans Day), fourth Thursday of November (Thanksgiving Day), the day immediately following Thanksgiving Day, and the twenty -fifth day of December (Christmas). B. In addition to the days specified in subsection A of this section, all eligible employees shall be entitled to one paid personal holiday to be selected by the employee subject to the following conditions: 1. The employee has been or is scheduled to be continuously employed for the city for more than six months; 2. The employee has given not less than fourteen calendar days of written notice to the appointing authority; provided, however, the employee and the appointing authority may agree on an earlier date; 3. The appointing authority has approved the day; 4. The day selected does not prevent a department from providing continued public service and does not interfere with the efficient operation of the department; 5. The personal day must be taken during the calendar year or entitlement to the day will lapse except when an employee has requested a personal holiday and the request has been denied; and 6. The personal holiday is not taken off immediately before or immediately after another holiday unless approved by the appointing authority; 7. Management employees who are not members of PERS 1 are not eligible for the personal holiday in this subsection B. 8. Beginning January 1, 2016, all management employees who are members of PERS 1 will be eligible for a second paid personal holiday subject to the conditions of YMC 2.40.080.B. C. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Saturday, the preceding Friday shall be scheduled as a holiday for part of the employees of each city department, and the remaining employees of each department shall be granted another day off within thirty days after any such holiday, with such day off to be scheduled for each employee entitled thereto at a time determined at the discretion of the department manager to be practical so as not to interfere with service to the public, but so as to give the employee the choice of the day preferred if possible. D. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Sunday, the succeeding Monday shall be scheduled as a holiday; provided, that if a service must be provided for the convenience or necessity of the public on that Monday, the department providing such service may assign an appropriate number of employees to work and such employees will be granted an equivalent day off within thirty days of the holiday with such day off to be scheduled for each employee entitled thereto at a time determined by the department head but giving the employee the choice of the day preferred if possible. E. Eligible employees shall receive one day's holiday pay at the straight time rate for each holiday specified in subsection A of this section on which those employees perform no work; if the eligible employee performs work on a holiday, that employee shall receive holiday pay plus overtime pay for all hours worked, except for employees covered by subsections I and J of this section. The holiday shall be included as "time worked" at straight time for the purpose of determining whether an employee has worked forty hours in a week. F. When eligible employees below the level of division head other than those working on jobs where employees are scheduled to work in shifts in a service that is rendered seven days per week and twenty -four hours per day are required to work on a holiday, they shall be paid for such work at the rate of time and one -half in addition to their regular pay. G. In the event that a holiday occurs during a period of annual leave of an employee, such holiday shall not be charged as a day of leave. H. No employee shall be paid for a holiday unless such employee is in a pay status both the workday before and the workday after such holiday except for employees working special schedules wherein holidays are worked as a part of that schedule. In the police and fire departments, holiday leave shall be governed by the applicable collective bargaining agreement. J. A management employee in the police department shall be granted time off in lieu of holidays in an amount equal to the actual number of holidays enjoyed by other employees during the calendar year. The amount of time off in lieu of holidays to be granted during each year shall be computed each January and scheduled to be taken during the calendar year. The amount of time off in lieu of holidays to be granted an employee who is employed for a partial calendar year shall be prorated for the period of the calendar year during which that individual is employed and a deduction shall be taken from the salary of any employee who ceases employment and who has taken time off in lieu of holidays in excess of the pro rata amount to be granted the employee by the provisions of this section. Any time off in lieu of holidays not taken by December 31st of each year shall be forfeited unless the city manager extends the time within which such time off may be taken because of an emergency or other unusual circumstances. K. In the event that a holiday falls on an employee's regular day off, the employee shall have equal time off to be scheduled within ninety days. (Ord. 2014- 026 § 1 (part), 2014: Ord. 2014 -023 § 6 (part), 2014: Ord. 2002 -23 § 1, 2002: Ord. 2178 § 1, 1978; Ord. 2062 §§ 1, 2, 1977; Ord. 2041 § 1, 1977: Ord. 1967 § 1, 1976: Ord. 1848 §§ 1, 2, 1975; Ord. 1203 §§ 2, 3, 1970: Ord. 1081, 1968; Ord. 447 § 7, 1963: Ord. 69 § 1, 1960). Section 3. This ordinance shall be in full force and effect on January 1, 2016, after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15 day of September, 2015. Micah Cawley, Mayor ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: