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HomeMy WebLinkAbout08/20/2013 13 City Manager Vacation Accruals; YMC Amendment 2.40.020BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /3 For Meeting of: 8/20/2013 . ITEM TITLE: Ordinance amendment authorizing the City Manager to adjust vacation accruals for non - represented executive, executive support, and public safety management series prospective and incumbent employees. SUBMITTED BY: Jim Mitchell, Senior City Attorney SUMMARY EXPLANATION: In order to recruit and retain the best available executive level managers and leaders, the City Manager needs flexibility to maintain competitiveness with the private and other public sectors in offering and /or granting benefit options, including vacation accruals. This Amendment adds a new paragraph to the Vacation Leave section, YMC 2.40.020 authorizing the City Manager to deviate from existing limitations. Resolution: Other (Specify): Contract: Start Date: Item Budgeted: Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Ordinance: X Contract Term: End Date: Amount: City Manager ATTACHMENTS: Name: Description: F-I ORD. NO. 2013- YMC amend Re Vacation Accurual.docx ordinance ORDINANCE NO. 2013- AN ORDINANCE amending Section 2.40.020 of the City of Yakima Municipal Code by adding new paragraph "C." adding City Manager discretion to adjust vacation accruals, and re- lettering subsequent sections as "D.," "E.," and "F.," respectively. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 2.40.020 of the City of Yakima Code is hereby amended to read as follows: A. Rate of Accrual of Vacation Leave. (1) Effective January 1, 1979, each eligible employee within the bargaining unit of the American Federation of State, County and Municipal Employees shall earn vacation leave at the following rates: a. Employees with one full year of service shall earn ten working days, five of which may be taken after six months of service; b. Employees with two full years of service shall earn twelve working days; c. Employees with five full years of service shall earn fifteen working days; d. Employees with ten full years of service shall earn nineteen working days; e. Employees with more than fifteen full years of service shall earn twenty -two days. (2) Effective October 24, 1991, all management employees as defined in YMC 2.04.030(B), the chief of the fire department and the chief, captains and lieutenants of the police department shall be entitled to vacation leave at the following rates: a. Employees with less than two years of service shall earn eight hours per full 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). (3) Effective January 1, 1979, police patrolmen and sergeants shall earn vacation leave at the following hourly rates for each full calendar month of service: a. Employees with less than three years of service shall earn six and sixty -seven hundredths hours; b. Employees with three years or more but less than six years of service shall earn eight hours; c. Employees with six or more but less than ten years of service shall earn nine and thirty -three hundredths hours; d. Employees with ten or more but less than fifteen years of service shall earn twelve hours; e. Employees with more than fifteen years of service shall earn fourteen hours. B. Accumulation of Vacation. (1) An employee within the bargaining unit of the American Federation of State, County and Municipal Employees 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 rate specified in subsection (A)(1) of this section. (2) Subject to subsection (13)(3) of this section, an employee in the exempt classification, as specified in YMC 2.20.100, the chief and deputy chief of the fire department and the chief, captains and lieutenants of the police department 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 rate specified in subsection (A)(2) of this section. (3) Effective January 1, 1998, for the chief and deputy chief of the fire department, and the chief, captains, and lieutenants of the police department, at the end of each year any vacation leave accumulated in excess of the limits specified in subsection (13)(2) of this section shall be paid to the respective employee at the rate of one hundred percent of the employee's base wage in effect as of December 31st of that year; provided, however, that the employee must use at least seventy -five percent of his /her vacation leave accrued during that year in order to qualify for the payment unless some or all of the employee's scheduled vacation leave use for that year is cancelled and cannot be rescheduled that year, and such prevents the employee from complying with the seventy -five percent vacation leave use requirement. At the end of each year all vacation leave accrued in excess of the limits specified in subsection (13)(2) of this section, but for which the employee does not qualify for payment, shall be transferred to the management extended sick leave pool established under YMC 2.40.110. (4) All other employees covered by this chapter except those affected by subsections (13)(1) and (13)(2) of this section may accumulate vacation leave time not to exceed two hundred forty hours. C. City Manager Discretion. (1) The City Manager shall have the discretion to adjust vacation accruals for all management employees as defined in YMC 2.04.030(B). D. Permissible Use of Vacation Accruals with Pay. (1) Vacation leave accumulated at the end of six months of service may be taken in the seventh month and each month thereafter as accumulated. (2) Vacation leave must be taken at such time as the employee can be spared, but an employee will be allowed to take his leave when he desires if it is possible to schedule it at that time. (3) All vacation leave must be requested in advance and approved by the employee's department head. E. Terminal Leave. (1) A permanent employee, when leaving the service of the city in good standing and who has given at least two weeks' notice of his intention to leave, shall be compensated for vacation leave earned and accumulated to the date of separation. (2) No compensation for vacation leave shall be payable to any employee who terminates his employment or is terminated before he has completed six months of service. (3) 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 also shall apply to employees who quit without giving the notice specified in subsection (D)(1) of this section. (4) Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated. F. Reporting. Vacation leave with pay shall be reported to the personnel department on forms and according to procedures as specified by the director of personnel. (Ord. 98 -34 § 1, 1998; Ord. 3403 § 6, 1991; Ord. 2363 §§ 1, 2, 1980; Ord. 2265 § 4, 1979; Ord. 2153 § 5, 1978; Ord. 1901 § 1, 1976; Ord. 1900 § 1, 1976; Ord. 1745 § 6, 1975: Ord. 1614 § 6, 1974; Ord. 1474 § 3, 1972; Ord. 1408 § 1, 1972; Ord. 1402 § 1, 1972; Ord. 1317 § 1, 1971; Ord. 447 § 2, 1963: Ord. 69 § 1 (part), 1960). Section 2. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL, signed and approved this 20th day of August, 2013. ATTEST: City Clerk Publication Date: Effective Date: Micah Cawley, Mayor