HomeMy WebLinkAbout020392 ORD - 07/19/1988AN ORDINANCE
AMENDING ORDINANCE 17728, THE CITY'S COMPENSATION
AND CLASSIFICATION PLAN, REGARDING THE ACCRUAL AND
USE OF VACATION, SICK AND PERSONAL LEAVE BY CITY
EMPLOYEES; PROVIDING THAT EMPLOYEES MAY ELECT TO
PARTICIPATE UNDER DIFFERENT LEAVE PLANS; REVISING
THE CITY'S DISABILITY LEAVE POLICY; PROVIDING FOR
SEVERANCE AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Ordinance 17728, as amended, is
amended by deleting Sections 951.1 through 953.5, inclusive,
and substituting therefor the following new Sections:
950 LEAVES OF ABSENCE
951.0 Plan I Employees. Sections 951.1 through 951.14,
below, apply only to (a) eligible employees hired on or
after August 1, 1988, and (b) eligible employees hired prior
to August 1, 1988, who have elected prior to August 1, 1988,
to participate under the provisions of Sections 951.1
through 951.14. These employees may be referred to herein
as "Plan I Employees." Plan I Employees shall not include:
(1) part-time employees; (2) temporary employees, and (3)
employees in the Fire and Police collective bargaining
units.
951.1 Vacation Leave Accrual. Plan I Employees earn
vacation leave by pay period on the basis of 40 base hours
per week or if less than 40 hours per week, on a pro -rated
basis. Accrual rates are as follows:
Years of Service Accrual Rate/Days
0-05 11
06-14 13
15-29 18
30+ 21
951.2 Use of Vacation Leave. No vacation leave will be
granted to an employee until a minimum of six calendar
months of service has been completed. Leave may be granted
in periods of not less than one day, unless approved by the
department head. Official City holidays occurring during an
employee's vacation shall not be considered or charged as
part of that vacation.
951.3 Advance Vacation Leave for Managerial Group. The
City Manager shall have authority to grant advance vacation
days and establish the rate of accrual for vacation leave
for Plan I Employees in the Managerial Group.
101AT115.ORD 1
20392 MICROFILMED
951.4 Accumulation of Vacation Leave. Vacation leave
credit may be accumulated by Plan I Employees to a maximum
of 30 work days. No more than 30 work days of accumulated
vacation credit will be paid to a Plan I Employee or his
beneficiary upon termination, retirement, or death.
951.5 Cash -in of Vacation Leave. Plan I Employees with
more than 15 days of accumulated vacation credit will be
allowed to "cash -in" vacation days at the rate of one day's
equivalent pay for each vacation day actually taken off
during the calendar year, up to a maximum of five days.
951.6 Vacation in lieu of Sick Leave. Absence due to
sickness, injury, or disability in excess of any leave
authorized for such reasons may be charged against vacation
leave allowance if requested by the employee and approved by
the department head.
951.7 Scheduling and Records of Vacation Leave. Each
department shall keep necessary records of vacation leave
accumulated and shall schedule vacation leave with particu-
lar regard to the seniority of employees in accordance with
the operating requirements and, as far as possible, with the
requests of the employees.
951.8 Personal Leave. Effective August 1 of each year,
each eligible Plan I Employee shall receive three personal
leave days to be used under guidelines promulgated by the
City Manager. Personal leave days are non -cumulative and
must be taken within the fiscal year received.
951.9 Sick Leave Accrual and Accumulation. All eligible
Plan I Employees earn and are allowed sick leave at the rate
of 12 working days for each year of continuous service,
accrued on the basis of 26 bi-weekly pay periods. Sick
leave may be accumulated to a maximum of 120 work days.
951.10 Sick Leave for Managerial Group. The City Manager
shall have the authority to grant advance sick leave days
and to establish the rate of accrual for sick leave for all
Managerial Group employees.
951.11 Use of Sick Leave. Sick leave allowance may be used
only when an employee is incapacitated due to sickness,
non -service -connected disability, when quarantined, or in
the event of a serious illness or death in the employee's
immediate family. The immediate family for these purposes
shall be regarded to include the employee's parents, spouse,
children, brothers, sisters, immediate in-laws, grand-
parents, and grandchildren. All foreseeable use of sick
leave shall require specific prior approval of the depart-
ment head. In the event of sick leave for any purpose, the
department head may require a certificate of a medical
101AT115.ORD 2
doctor or other competent professional giving information as
to the circumstances involved.
951.12 Payment of Sick Leave Upon Termination. If the
employment of a Plan I Employee terminates due to TMRS dis-
ability or service retirement or termination at age 62 or
over upon completion of a minimum of ten years' continuous
service or upon death, the employee or his designated
beneficiary shall be eligible for payment of accumulated
sick leave credit on a two-for-one basis. Up to 90 work
days of accumulated sick leave credit may be cashed in for
the equivalent of up to 45 days' pay. Payment shall be
calculated at the rate of the employee's last monthly salary
or hourly rate.
951.13 Cash -in of Sick Leave. At the beginning of each
calendar year, a Plan I Employee who has at least 30 days of
accumulated sick leave may cash in up to four days of
accumulated sick leave at 50% of salary, provided that the
employee has accumulated at least eight days of sick leave
credit during the previous calendar year.
951.14 Disability Income Protection Plan. Plan I Employees
will automatically be members of the City's disability
income protection plan and eligible to apply for extended
benefits under that plan. The Risk Manager shall be the
administrator of the plan on behalf of the City and member
employees. The employee's cost of membership in the plan
will be paid for equally by the City and the member emplo-
yee. Any supplemental income protection available beyond
the basic plan coverage will be solely at the expense of the
employee.
952.0 Plan II Employees. Sections 952.1 through 952.14,
below, apply only to employees hired prior to August 1,
1988, who have elected not to participate under Sections
951.1 through 951.14. These employees may be referred to
herein as "Plan II Employees." Plan II Employees shall not
include (1) part-time employees; (2) temporary employees;
(3) employees in the Fire and Police collective bargaining
units or (4) Plan I Employees.
952.1 Vacation Leave Accrual. Plan II Employees earn
vacation leave as follows:
A. All Plan II Employees hired after August 9,
1981, earn vacation leave with pay at the rate of
10 working days for each year of continuous
service, on the basis of 26 biweekly pay periods
per year. Plan II Employees hired before August
10, 1981, earn vacation leave with pay at the rate
of 12 working days for each year of continuous
service, on the basis of 26 biweekly pay periods
per year. Plan II Employees hired after August 9,
1981, who are regularly required to work more or
101AT115.ORD 3
less hours per week than set forth in the above
schedule, shall earn vacation leave with pay in
the same ratio as 10 working days bears to 40
hours.
B. Plan II Employees hired after August 9, 1981,
who have completed 5 years of continuous service
with the City shall begin to accrue and be allowed
an annual total of 12 working days' vacation leave
with pay. Plan II Employees who have completed 15
years of continuous service with the City shall
begin to accrue and be allowed an annual total of
17 working days' vacation leave with pay. Plan II
Employees who have completed 30 years of conti-
nuous service with the City shall begin to accrue
and be allowed an annual total of 20 working days'
vacation leave with pay.
C. Effective August 1, 1982, Plan II Employees
eligible to accrue vacation leave, with the
exception of Fire and Police covered by collective
bargaining, shall be granted one additional day of
vacation. Thereafter, beginning on July 26, 1982,
they shall begin to accrue one additional day of
vacation above their normal vacation accrual.
Plan II Employees hired after July 26, 1982, who
are eligible to accrue vacation shall accrue
vacation leave in the same ratio as 11 working
days bears to 40 hours.
952.2 Accumulation and Use of Vacation Leave. Vacation
leave credit may be accumulated without limit by all Plan II
Employees, and leave may be granted in periods of not less
than one day, unless approved by the department head, and
not more than 30 working days in any calendar year unless in
connection with sick leave and/or work injury leave; howev-
er, employees who regularly work one-half day on the sixth
working day of a week may take vacation in the amount of
one-half day providing it is taken concurrently with other
days of authorized vacation leave. No vacation credit shall
be granted unless the employee has been employed for a
period of time in excess of six months.
952.3 Cash -in of Vacation Leave. Plan II Employees with
more than 30 days of accrued vacation shall be allowed to
"cash -in" accrued vacation days at the rate of one day's
equivalent payment for each vacation day taken off during
the calendar year up to a maximum of 5 days' direct payment
per calendar year.
952.4 Use of Vacation in Lieu of Sick Leave. Absence on
account of sickness, injury, or disability in excess of that
hereinafter authorized for such purposes may, at the request
101AT115.ORD 4
of the employee and within the discretion of the department
head, be charged against vacation leave allowance.
952.5 Payment of Vacation Leave Upon Termination. No
vacation credit shall be paid at termination unless the
employee has been employed for a period of time in excess of
12 months. No more than 30 working days of vacation shall
be paid an employee upon termination except as provided
below:
All accrued vacation shall be paid to Plan II
Employees or their beneficiaries upon termination
due to TMRS retirement of any full-time employee,
termination at age 62 or over upon completion of a
minimum of 10 years' continuous service with the
City, disability retirement in accordance with
TMRS or Social Security regulations, or death.
952.6 City Holidays. Official City holidays occurring
during an employee's vacation shall not be considered or
charged as a part of the employee's vacation.
952.7 Scheduling and Records of Vacation Leave. Each
department shall keep necessary records of vacation leave
allowance and shall schedule vacation leave with particular
regard to seniority of the employees, in accordance with the
operating requirements, and insofar as possible, with the
requests of employees.
952.8 Advance Vacation for Managerial Group. The City
Manager shall have authority to grant advance vacation and
sick leave days and establish the rate of accrual for
vacation and sick leave for Managerial Group Employees.
952.9 Mandatory Annual Use of Vacation Leave. Because
vacation leave is a benefit for employees to provide paid
time away from work for purposes of relaxation, personal
development, and enjoyment of life, and because Plan II
Employees may accumulate vacation leave without limit, all
Plan II Employees are required to take a minimum of five
work days each calendar year as vacation.
952.10 Personal Leave. Effective August 1 of each year,
commencing in 1987, each Plan II Employee not within the
Fire and Police collective bargaining units shall receive
three personal leave days to be used under guidelines
promulgated by the City Manager. Personal leave days are
non -cumulative and must be taken within the fiscal year
received, and not thereafter.
952.11 Sick Leave. Plan II Employees shall accrue and be
allowed sick leave with pay at the rate of 12 working days
for each year of continuous service to be accrued on the
basis of 26 biweekly pay periods.
101AT115.ORD 5
952.12 Use of Sick Leave. Any Plan II Employee of the
Sanitation Division required to work on a sixth day in any
week will, when absent on the sixth day, due to "sick
leave", as directed below, be charged one full day of sick
leave. Sick leave allowance may be used only by an employee
when incapacitated to perform his duties due to sickness or
non -service -connected disability, when quarantined, or in
the event of a serious illness or death in the employee's
immediate family. All foreseeable leaves for such purposes
shall require specific prior approval of the department
head. In the event of sick leave for any purpose, the
department head may require a certificate of a medical
doctor or other competent professional individual giving
information as to the circumstances involved. The immediate
family for these purposes shall be regarded to include the
employee's parents, spouse, children, brothers, sisters, and
immediate in-laws in any case, and also shall include
grandparents and grandchildren when living in the household
of the employee.
952.13 Payment of Sick Leave Upon Termination. Payment of
accrued sick leave not to exceed 90 working days shall be
paid to all Plan II Employees or their beneficiaries upon
termination due to TMRS retirement of any full-time employ-
ee, termination at age 62 or over upon completion of a
minimum of 10 years' continuous service with the City,
disability retirement in accordance with TMRS or Social
Security regulations, or death. Payment of such accrued
sick leave shall be at the rate of the employee's last
monthly salary or hourly rate for an equivalent period.
952.14 Cash -in of Sick Leave. Plan II Employees who have
accrued 90 days or more sick leave shall be eligible to
annually "cash -in," at their regular salary rate, 50% of all
unused sick leave days accrued during the prior year over 8
days.
953.0 DISABILITY LEAVE.
953.1 Employees who are included in the Fire or Police
collective bargaining units shall not be charged sick leave
in connection with injuries sustained in the line of duty,
but shall be paid disability leave in accordance with state
law, in an amount not to exceed their regular salary.
953.2 All employees other than those included in the Fire
or Police collective bargaining units who are injured while
in the course of their employment and whose injuries neces-
sitate absence from work shall be subject to the provisions
of the Texas Workers' Compensation Act, and the employee
shall be considered absent without pay for any days he is
absent from work in connection with that injury.
101AT115.ORD 6
953.3 All employees other than those included in the Fire
or Police collective bargaining units, who are unable to
perform their full job duties as the result of any injury or
illness, whether job-related or not, shall be subject to the
terms and provisions of the City's Official Policy regarding
Employee Disability, as such Policy may be amended from time
to time. Such Policy, as it may be amended from time to
time, is incorporated herein by reference to the same extent
as if such Policy were set out in full in this Section.
953.4 There is hereby created a Disability Review Commit-
tee, composed of the Director of Human Resources, the Risk
Manager, a representative from the City Attorney's office,
and a representative of the City Physician's office or
medical clinic. The Disability Review Committee shall have
the duties, powers, and responsibilities set out in the
City's Official Policy regarding Employee Disability.
SECTION 2. If for any reason any section, para-
graph, subdivision, clause, phrase, word or provision of
this ordinance shall be held invalid or unconstitutional by
final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it
is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its
purposes.
SECTION 3. That upon written request of the Mayor
or five Council members, copy attached, to find and declare
an emergency due to the need for efficient and effective
administration of City affairs, such finding of an emergency
is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances at three
regular meetings so that this ordinance is passed and shall
take effect upon irst reading as an emergency measure this
the /9441 day of , 19(a.
ATTEST:
ity Secretary • WOR, T CITY OF CORPUS
CHRISTI, TEXAS
APPROVED: /4M DAY OF , 19EL
Hal Geo •- City At
By
Assistant City Attorn:y
101AT115.ORD 7
Corpus Christi, Texas
/94 -Pt day of
, 1987
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
MA/OR
Council Members
The above ordinance was
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.045.01
414,k6L_
THE CITY OF CORPUS CHRISTI, TEXAS
passed by the following vote:
6 -up
Citua
at -p
20392