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HomeMy WebLinkAbout026899 ORD - 07/25/2006ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39 -300 POLICY; REVISING SECTION 39 -303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; REVISING SECTION 39 -308 TEMPORARY EMPLOYEES; REVISING SECTION 39 -312 RETIREES PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PROGRAM AT GROUP RATES; REVISING SECTION 39 -318 DISCRETIONARY PAYMENT FOR INVOLUNTARY TERMINATION; REVISING SECTION 39 -324 HOLIDAYS; REVISING SECTION 39 -333 PLAN I PERSONAL LEAVE; REVISING SECTION 39 -334 PLAN I BEREAVEMENT LEAVE; REVISING SECTION 39 -337 PLAN I USE OF SICK LEAVE; REVISING SECTION 39 -338 PLAN I USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39 -339 PLAN I PAYMENT OF SICK LEAVE UPON TERMINATION; REVISING SECTION 39 -348 PLAN II PAYMENT OF VACATION LEAVE UPON TERMINATION; REVISING SECTION 39 -349 PLAN 11 PERSONAL LEAVE FOR PLAN II EMPLOYEES; REVISING SECTION 39- 352 PLAN II USE OF SICK LEAVE; REVISING SECTION 39 -353 PLAN II USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39 -355 PLAN II PAYMENT OF SICK LEAVE UPON TERMINATION; REVISING SECTION 39 -360 LEAVES WITH PAY DEEMED BENEFICIAL TO CITY OPERATIONS; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -300. is amended to read as follows ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39 -300. Policy. In 2002, the city completed a comprehensive review of its employment system, which had not been thoroughly reviewed in decades. The existing system had developed substantial internal inequalities among classifications, and the pay and benefits structure was competitively inadequate in many areas. A consultant was hired to assist the city in developing a new system which would be internally consistent and would make the city competitive in the job market. The consultant, in consultation with a city staff committee, conducted market and comparative studies and developed a phase -in implementation plan. The city council adopted the first phase of the plan in its 2002 budget. It is the policy of the city, consistent with sound budgetary management. to complete the phased plan and thereafter to continuously manage the compensation and classification system to maintain internal equity and to attract and retain competent employees in the market. The City Manager is directed to manage the personnel system to achieve these goals. ORDINANCE — CHAPTER 39 ARTICLE III �) 399 Page 1 of 14 SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -303, is amended to read as follows Sec. 39 -303. Standard classifications, pay grades, and ranges. (a) Classifications. The classifications of employees of the city will include Pay Plan 100 (Skill - Based Pay); Pay Plan 200 (Temporary /Part- Time); Pay Plan 300 (Police and Fire Managerial Positions that are not covered in Collective Bargaining Agreements or in Executive Pay Plan 400): Pay Plan 400 (Executives); Pay Plan 500 (Legal /Attorney); Pay Plan 600 (FLSA Overtime Exempt); Pay Plan 700 (Information Technology); Pay Plan 900 (FLSA Overtime Eligible), as set forth in this section: Pay Plan 1000 (Engineering related /Engineers), as set forth in this section This section does not apply to police and fire employees covered by collective bargaining agreements (b) Pay Plan 100. Skill -Based Pay Plan 100 includes pay range structures established for administration of the citywide Skill -Based Pay System. The City Manager is authorized to add Skill -Based Pay Range Structures and training programs throughout the fiscal year as job titles are consolidated and transitioned from existing pay plans in Chapter 39, Sec. 39 -303 into Skill - Based Pay Plan 100. The pay grades and ranges for positions in Skill -Based Pay Plan 100 are as follows: Pay Plan 100, Citywide Skill -Based Pay Pay System 2.25% Effective 8/8/2005 Zone Sub -Zone Grades: 101, 102, 104, 105, 106, 107, 108 Grade 103 (Metro -Com Technician) 1 1.0 $16,164 1 1.1 16,488 $27,480 1 1.2 16,817 28,304 1 1.3 17,490 1 1.4 18,189 1 1.5 18,916 2 2.1 20,051 29,437 2 2.2 21,255 30,025 L 2 �— 2 2.3 22,530 30,625 2.4 23,882 31,238 2 2.5 25,314 31,863 2 2.6 26,833 32,500 2 2.7 28,444 3 3 3.1 30,719 36,400 3.2 33,177 40,767 ORDINANCE — CHAPTER 39 ARTICLE III Page 2 of 14 3 3.3 3 3 3 3 3.4 3.5 3.6 *3.7 35,831 45,660 38,328 38,697 48,721 43,342 48,542 55,023 "Sub-zone 3.7 applies t,o grades 101 and 102 only Work Coordinator Career Ladder Effective 9/1/2006 STEP Entry MINIMUM $45,509 MAXIMUM $48,238 1 48,239 50,652 51,134 53,691 55,225 57.986 63, 508 66.684 (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900 The City Manager is authorized to make changes to this pay - - - - - - - - - - - - _ - : throughout the fiscal year as required, such as for minimum wage changes as required by federal law. The pay grades and ranges for positions in Pay Plan 200 are as follows. Pay Plan 200, Temporary /Part -Time Pay Structure Effective 7/26/2004 Grade Minimum Midpoint Maximum *211 $5.15 $5.15 $5.15 * *212 7.00 9.00 11.00 213 7.60 9.68 12.65 214 8.91 11.35 14.22 215 9.70 12.37 15.50 216 11.69 � 14.90 18.67 °nninimum vvage * *Adjusted to comply with state law and the pay received by election workers for other local entities ** *Grades 213 through 216. 3% Increase effective 7/26/2004 ORDINANCE — CHAPTER 39 ARTICLE III Page 3 of 14 (d) Pay Plan 300: Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum five (5) per cent differential (1) between the range minimum for police commanders and fire assistant chiefs in the police and fire managerial pay plan 300 and the entry step for police captain and fire district chief as stated in the applicable contract and (2) between the range maximum for police commanders and fire assistant chiefs in the Police and Fire Managerial Pay Plan 300 and the highest step for police captain and fire district chief as stated in the applicable contract. The City Manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the applicable police and fire collective bargaining contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows: Grade 311 312 Pay Plan 300 Police and Fire Managerial 3% Effective 7/26/2004 Minimum Midpoint Maximum $75,953 75,953 $81,997 $88,041 81,997 88,041 (e) Pay Plan 400 Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 (Executives) 3% Effective 7/26/2004 Grade ' Minimum Midpoint Maximum 410 $24,868 $37,707 $39,723 411 31,813 42,153 56,400 412 34,676 45,947 61,476 413 37,989 50,335 67,346 414 41,996 55,645 74,450 415 46,636 61,793 82,678 416 52,257 69,239 92,639 417 58,814 77,929 104,266 418 65,7.'8 87 156 116,612 419 66,490 88,098 117,872 420 74,332 98489 131,775 x421 75,166 99,495 133,254 422 83,318 95,355 104,266 423 84,9'5 112 59 150,645 ORDINANCE - CHAPTER 39 ARTICLE III Page 4 of 14 95,355 430 City Manager. 108,382 117,872 No Range (f) Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 500 are as follows: Pay Plan 500(a) Exempt (Overtime Ineligible Legal /Attorneys) 3% Effective 7/26/2004 Grade Minimum Minimum Midpoint Maximum 511 $38,519 $29,071 $38,519 $51,537 512 113 31,688 41,986 56,175 513 514 38168 34,698 45,975 61,513 38,168 50,573 67,664 515 46,817 42.177 55,884 74,770 516 -}-- 46,817 62,032 82,997 517 52,202 69.168 92,544 518 58,468 77.470 103,652 Pay Plan 500(b) Nonexempt (Overtime Eligible Legal /Attorneys) 3% Effective 7/26/2004 Grade Minimum Midpoint Maximum 111 112 $29,071 $38,519 $51,537 31,688 41,986 56,175 113 34,698 45,975 61,513 114 38168 50,573 67,664 115 42,177 55,884 74,770 116 46,817 62,032 82,997 117 52,202 69,168 92,544 118 58.468 77,470 103,652 ORDINANCE - CHAPTER 39 ARTICLE III Page 5 of 14 (m) Pay Plan 6O0 Pay Plan GOD will include all positions that may be desi nated as exempt from overtime under the FLSA except positions in Pay Plan 700 (Information Technology), Pay Plan 500 (Legal/Attorney), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400 (Executives) The pay grades and ranges for positions in Pay PIan 600 are as foliows: Pay Plan 600 Exempt (Overtime Ineligible) 3% Effective 7/26/2004 Grade Minimum 611 $24.683 ------ f- 812 26,658 f- 613 28,924 614 31,528 O15 34.523 �16 37,976 1_ 617 41,965 618 46.581 619 ' 51.938 r-_ +_ 620 / 58,171 -- Midpoint Maximum $32,705 35,321 46,326 38,324 50,264 41,774 54,789 45,743 59,995 50,318 65,995 55,602 72,925 61,720 80,949 68,818 90,259 77,077 101,095 (h) Pay Plan 700. Pay Plan 700 will include positions focused on providing the information technology infrastructure for the city The pay grades and ranges for positions in Pay Plan 700 are as foliows. Pay Plan 700(a) Nonexempt (Overtime Eligible) Information Technology 3% Effective 7/26/2004 ORDtNANCE - CHAPTER 39 ARTICLE 111 Page 6 of 14 Grade 1 Minimum Midpoint Maximum 711 $20.802 $31,338 $44,896 -.--- 712 713 22,668 34,002 . 48,711 . 24.708 37.063 53`005 714 27,056 40.584 58,138 715 29.781 44.643 83.954 716 32.887 49.331 70'889 717 | 30.505 54,757 78.443 1--- 1--- 718 719 ( / 4- ' ' 40,704 61,055 87,466 45.589 68,382 97.962 720 51.287 76.931 110209 ORDtNANCE - CHAPTER 39 ARTICLE 111 Page 6 of 14 Grade 811 812 813 814 815 816 Pay Plan 700(b) Exempt Information Technology (Overtime Ineligible) 3% Effective 7/26/2004 Minimum Midpoint Maximum $20.892 22,668 24,708 27,056 820 -r- 29,761 32,887 36, 505 40,704 45, 589 51,287 $31,338 34.002 $44,896 48,711 37.063 53,095 40,584 58,138 44,643 63,954 49,331 70,669 54,757 78,443 61,055 87,466 68.382 97,962 76,931 110,209 (1) Pay Plan 900. Pay Plan 900 will include all employees not classified in another pay plan in this section. Pay Plan 900 will include positions that are not designated as exempt under the FLSA. The City Manager will periodically review positions and take corrective action, as required to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 900 are as follows: Pay Plan 900 Non - Exempt (Overtime Eligible) 2.25% Effective 8/8/2005 Grade Minimum Midpoint Maximum 911 912 $16,165 $20,610 $26,919 17,458 22,259 27,885 913 18,942 24,150 30,255 914 915 1- 20,646 26,324 32,979 22,607 28,824 36,111 916 24,868 31,707 39,723 917 27,479 35,036 43,893 918 30,052 38,890 48,721 919 -I-- 34,009 43,362 54,322 920 921 38,091 48,566 60,842 42,853 54,637 68,446 ORDINANCE - CHAPTER 39 ARTICLE III Page 7 of 14 (j) Pay Plan 1000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Exempt Engineers /Engineering Services (Overtime Ineligible) 3% Effective 7/26/2004 (k) Pay Adjustment to Relieve Pay Compression. The City Manager, or designee, may grant a pay adjustment to address salary pay compression /equity issues when there is Tess that than a five (5) per cent differential between the base pay of a work coordinator in the Gas, Storm Water, Wastewater or Water Departments of a skill based pay workforce and the highest base pay of a skill based pay sub -zone 3.6. in the same division. Upon implementation of a competency based career ladder, this provision will be thereupon superseded. SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -308 is amended to read as follows Sec. 39 -308. Temporary employees. Temporary employees shall (a) Be paid at an hourly rate approved by the City Manager consistent with the employees employees' classification; (b) Not be eligible for pay advancement or city benefits. SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -312, is amended to read as follows Sec. 39 -312. Retirees participation in the city's group health insurance program at group rates. City employees will be eligible to participate as retirees in the city's group health insurance program at group rates when any of the following conditions exist: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System (TMRS); or (2) due to disability retirement, or (3) at age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service with the city. An employee who terminates employment and does not meet these conditions will be eligible for group health insurance program coverage under ORDINANCE CHAPTER 39 ARTICLE III Page 8 of 14 Grade Minimum Midpoint Maximum 613 $38,750 $52,918 $67,085 615 42,624 58,349 74,073 I— 616 + 47,313 64,767 82,221 617 52.518 71,892 91,265 618 58,820 80,519 102,218 (k) Pay Adjustment to Relieve Pay Compression. The City Manager, or designee, may grant a pay adjustment to address salary pay compression /equity issues when there is Tess that than a five (5) per cent differential between the base pay of a work coordinator in the Gas, Storm Water, Wastewater or Water Departments of a skill based pay workforce and the highest base pay of a skill based pay sub -zone 3.6. in the same division. Upon implementation of a competency based career ladder, this provision will be thereupon superseded. SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -308 is amended to read as follows Sec. 39 -308. Temporary employees. Temporary employees shall (a) Be paid at an hourly rate approved by the City Manager consistent with the employees employees' classification; (b) Not be eligible for pay advancement or city benefits. SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -312, is amended to read as follows Sec. 39 -312. Retirees participation in the city's group health insurance program at group rates. City employees will be eligible to participate as retirees in the city's group health insurance program at group rates when any of the following conditions exist: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System (TMRS); or (2) due to disability retirement, or (3) at age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service with the city. An employee who terminates employment and does not meet these conditions will be eligible for group health insurance program coverage under ORDINANCE CHAPTER 39 ARTICLE III Page 8 of 14 the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), provided that the employee meets the eligibility and other COBRA requirements under this federal law. SECTION 5. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -318, is amended to read as follows. Sec. 39 -318. Discretionary payment for involuntary termination. (a) The City Manager may, at this his discretion, authorize lump sum payments for involuntary termination. including requested resignations, in amounts not to exceed the equivalent of six (6) months' wages for the applicable employee. (b) Notice of termination may or may not be given, at the City Manager's discretion (subject to any legal requirement for notice of termination) (c) The City Manager may make such payment of wages -in- lieu -of- notice, or at thi& his discretion may include and impose conditions for receipt of wages -in- lieu -of- notice. SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -324 is amended to read as follows Sec. 39 -324. Holidays. (a) The city has seven ( 7) official holidays for city employees eligible for benefits: New Year's Day January 1 Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Thanksgiving Day 4th Thursday of November Day After Thanksgiving Day Friday After 4th Thursday of November Christmas Day December 25 (b) When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor. upon approval of the city council. (c) Ineligible part -time and temporary employees shall not be compensated for holidays, except for time actually worked. Compensation for temporary and ineligible part -time employee's holiday work will be one and one -half (1 1/2) times the straight time rate. (d) Holiday pay is defined as equivalent to eight (8) hours of work, except for airport public safety officers who work shifts of twenty -four (24) hours on and forty -eight (48) hours off. Holiday pay and holiday compensatory time for these airport public safety officers will be counted as twelve (12) hours per day with a shift equal to twenty -four (24) hours. Further ORDINANCE — CHAPTER 39 ARTICLE III Page 9 of 14 exceptions to a holiday defined as equivalent to eight (8) hours of work may be granted by the City Manager or designee for employees who are assigned to a work schedule that exceeds eight (8) hours per day (e) Employees on leave of absence without pay status on a scheduled workday immediately preceding or following a holiday shall not receive pay for the holiday. (f) No sick leave the scheduled workday before, the day of, or the day after a City designated holiday will be granted to any person without a certification from a health care provider, that verifies the leave is or was necessary for medical reasons. This certification must be provided by the close of the pay period in which the holiday occurred. SECTION 7 Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -333, is amended to read as follows Sec. 39 -333. Plan I personal leave, (a) Effective August 1 of each year, an eligible Plan I employee, except for airport public safety officers who work shifts of twenty -four (24) hours on and forty -eight (48) hours off, shall receive forty (40) hours of personal leave to be used under guidelines promulgated by the City Manager, or designee Personal leave hours must be requested and approved in advance like vacation accrual, but are non - cumulative. Personal leave must be taken within the fiscal year received Personal leave, 4-aBy, may be used within the first six (6) months of employment with the city (b) Effective August 1 of each year an eligible airport public safety officer who works shifts of twenty -four (24) hours on and forty -eight (48) hours off will receive hours (60) hours of personal leave to be used under guidelines promulgated by the City Manager. Personal leave hours must be requested and approved in advance like vacation accrual, but are non - cumulative. Personal leave must be taken within the fiscal year received. Personal leave, if-any, may be used within the first six (6) months of employment with the city. SECTION 8. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -334, is amended to read as follows Sec. 39 -334. Plan I bereavement leave. Upon the employee's request due to the death of an immediate family member, up to twenty - four (24) hours of bereavement leave shall be granted to Plan I employees by the department head, or designee, except for public safety officers who work shifts of twenty -four (24) hours on and forty -eight (48) hours off who shall be granted up to thirty -six (36) hours. Immediate family shall include the employee's parents, spouse, children, brothers, sisters, mother -in -law, father - in -law, brothers -in -law. and sister in Taws sisters -in -law, employee's or spouse's grandparents and grandchildren. Exceptions for family relations not identified in this list may be granted by the City Manager on a case -by -case basis. Employees who receive bereavement leave shall provide a copy of the obituary or other related documentation, to their department head. SECTION 9. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -337, is amended to read as follows ORDINANCE — CHAPTER 39 ARTICLE III Page 10 of 14 Sec. 39 -337. Plan I use of sick leave. Plan I employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in city policy; (2) FMLA for eligible employees who meet the eligibility requirements of the federal law; and (3) other medically related purposes that are not covered by FMLA leave. Granting the use of paid sick leave is at the discretion of the department head or designee, and may be denied if the employee's leave is unauthorized or sick leave is abused. SECTION 10. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -338 is amended to read as follows. Sec. 39 -338. Plan I use of personal leave and vacation in lieu of sick leave. When accrued sick leave is exhausted, and the leave is authorized, absence for sickness, injury, or disability shall be automatically charged against the employee's remaining personal leave allowance, if -any and the employee's accrued vacation leave, if-any, in that order. Such leave shall be used by the Plan I employee until exhausted or until the city's disability income protection plan coverage begins. Provisions of the Family and Medical Leave Act may also apply SECTION 11. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -339 is amended to read as follows Sec. 39 -339. Plan I payment of sick leave upon termination. (a) A Plan I employee, with the exception of airport public safety officers who work shifts of twenty -four (24) hours on and forty -eight (48) hours off, who terminates due to any of the following conditions, will be eligible for payment of up to seven hundred twenty (720) hours of accumulated sick leave credit that can be cashed in for the equivalent of up to three hundred sixty (360) hours of pay at the rate of the employee's last monthly salary or hourly rate: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS) (2) due to disability or service retirement: or (3) at age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service; or (4) upon death with payment made to the employee's designated beneficiary. (b) Plan I airport public safety officers, who work shifts of twenty -four (24) hours on and forty - eight (48) hours off, who terminate due to any of the following conditions, will be eligible for payment of up to one thousand eighty (1,080) hours of accumulated sick leave credit that can be cashed in for the equivalent of up to five hundred forty (540) hours of pay at the rate of the employee's last monthly salary or hourly rate: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) due to disability or service retirement; (3) at age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service: or (4) upon death with payment made to the employee's designated beneficiary SECTION 12 Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -348 is amended to read as follows ORDINANCE — CHAPTER 39 ARTICLE III Page 11 of 14 Sec. 39 -348. Plan II payment of vacation leave upon termination. Plan II employees who have been employed by the city for a minimum of twelve (12) months, will receive up to two hundred forty (240) working hours of vacation paid to the employee upon termination. except that all accrued vacation shall be paid to Plan II employees or their beneficiaries when any of the following provisions apply: (1) employee is eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) employee takes a service or disability retirement in accordance with TMRS and /or Social Security regulations; (3) employee is age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service or (4) upon employee's death with payment made to the employee's designated beneficiary SECTION 13 Chapter 39. PERSONNEL. Article III Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -349 is amended to read as follows Sec. 39 -349. Plan II personal leave . Effective August 1 of each year, each Plan II employee will receive forty (40) hours of personal leave to be used under guidelines promulgated by the City Manager, or designee. Personal leave hours must be requested and approved in advance like vacation accrual, but are non- cumulative. Personal leave must be taken within the fiscal year received. Personal leave, , may be used within the first six (6) months of employment with the city. SECTION 14. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -352 is amended to read as follows Sec. 39 -352. Plan II use of sick leave. Plan II employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in city policy; (2) FMLA for eligible employees who meet the eligibility requirements of the federal law; and (3) other medically related purposes that are not covered by FMLA leave. Granting the use of paid sick leave is at the discretion of the department head or designee, and may be denied if the employee's leave is unauthorized or sick leave is abused. SECTION 15. Chapter 39 PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -353 is amended to read as follows Sec. 39 -353. Plan II use of personal leave and vacation in lieu of sick leave. When accrued sick leave is exhausted, and the leave is authorized, absence for sickness, injury. or disability in excess of any leave authorized for such reason, shall be automatically charged against the employee's remaining personal leave allowance, if any, and the employee's accrued vacation leave if—any, in that order. Available leave shall be used by the Plan II employee until exhausted. Provisions of the Family and Medical Leave Act may apply. SECTION 16. Chapter 39 PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -355 is amended to read as follows ORDINANCE — CHAPTER 39 ARTICLE III Page 12 of 14 Sec. 39 -355. Plan 11 payment of sick leave upon termination. Plan II employees who terminate due to any of the following conditions will be paid up to seven hundred twenty (720) hours of accrued sick leave, if any, when any of the following provisions apply (1) employee is eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) employee takes a service or disability retirement in accordance with TMRS and/or Social Security regulations; (3) employee is age sixty (60), or older upon completion of a minimum of ten (10} five (5) years of continuous service; or (4) upon employee's death, with payment made to the employee's designated beneficiary. Payment of such earned and accrued sick leave if any, shall be at the rate of the employee's last monthly salary or hourly rate for an equivalent period. SECTION 17. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -360 is amended to read as follows Sec. 39 -360. Leaves with pay deemed beneficial to city operations. The City Manager may authorize special leaves of absence with pay for up to twelve (12} nine months for the following purposes: Attendance at a college, university, or business school for the purpose of training in subjects directly related to the employee's work that will benefit both the employee and the city's operational needs for that specific related training; serving on a jury; attending a court as a witness on city - related business; and for other purposes that shall be deemed beneficial to the city's mission of providing quality public services. SECTION 18 If for any reason any section, paragraph, 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 of this ordinance be given full force and effect for its purpose. SECTION 19. This Ordinance is effective upon final adoption by the City Council. All Pay Plans within this Ordinance shall become effective August 1, 2006. Adjustments to salary ranges of Pay Plan 100 within this Ordinance and concurrent pay increases for applicable employees will become effective September 1 2006 as indicated on individual Pay Plans in Section 39 -303 of the Code of Ordinances. ORDINANCE — CHAPTER 39 ARTICLE III Page 13 of 14 That the foregoing ordinance was read for the first time and passed on this the 18`h day of July, 2006 by the following vote: Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly Rex A. Kinnison Melody Cooper John Marez Mark Scott That the foregoin ordinance was read for the second time and passed finally on this the c day of , 2006 by the following vote: Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly Rex A. Kinnison Melody Cooper John Marez Mark Scott PASSED AND APPROVED, this the p,•- day of ATTEST: Armando Chapa City Secretary Henry arrett Mayor APPROVED AS TO FORM , 2006 By.. Jennifer ' nox Assistan ity Attorney for City Attorney ORDINANCE — CHAPTER 39 ARTICLE III Page 14 of 14 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF' CORPUS CHRISTI ss: Ad # 5536972 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum. who being first duly sworn, according to law, says that she is Legal Sales Representative of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks. Duval, ,Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Retugio, San Patricio, Victoria and Webb Counties, and that the publication of, !NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web en the Caller -Times Interactive on the 31ST day(s) of JULY, 2006. $259.21 &et-neiceu Gita,-)1*.1 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of J Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MiCHELi_E JOYCL CABRERA OMMISSIJ" EXPIRES March 19, ?008 CALL - -' TIMES•J 31 2006• PNO TICE OF PASSE 1 OF ORDINANCE NO. 0281199 kneading the Code of revi -Mfg Section 303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; revising Section 39 -308 re T 39- 312 R� tirees P Insurance at Group Rates; revising Section 39 -318 Discretionary Pigment for Involuntary Termination; Section 39 -324 Holidays; Psin g Lesiva; ve; V of «, Leave Upon Te Suit 3t Payment of Vacation Leave Upon Termination; revising Section 39-349 Plan 11 Personal Leave for Plan 0 Employees; Upon Ter% revising Section 39- 380 Lewes allth Pay DBenetl DestiOdid to City Opetatlons; repeating ell other ordinances add Mee, arof i and Mee, in , oortlliMt whit this ace; providing for an effective date and providing for ssyssrtce. This oni11s*lge was posed and Approved by the City 0ounea Male City of Corpus Chth4i on its on .illy /s/ Armando Chaps City of Crot* C 25,