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HomeMy WebLinkAboutResolution 6146 N.C.S. 10/10/1972 • • - EER.: sf 10/2/72 , RESOLUTION NO., 614'6 N.C. S ?1 ' RESOLUTION AMENDING :RESOLUTION 4637 AS AMENDED BY RESOLUTION 4877 BY: AMENDING RULE :II BY ADDING , SECTION 4 TO GENERAL PRO-, VISIONS:, ADDING SECTIONS 3, 4 and' 5 TO RULE. V RELATING TO COM- PENSATION AND AMENDING RULE XI , SECTIONS 2 and 7 RELATING TO SICK LEAVE AND VACATIONS • INTRODUCED BY COUNC HAIL r and SECONDED BY COUNCILMAN at an Adjourned meeting of the City Coun it of the. City of. Petaluma on the 10th day of October , 1972 : BE IT RESOLVED THAT RULE II of Resolution No. 4637 N.C. S . is hereby amended to read as follows; add Section 4; SECTION 4. Any provision of the rules may be modified by the pro- visions of a memorandum of understanding executed by the Municipal Employee Relations Officer and a recognized employee unit which has been approved by the City Council. BE IT FURTHER RESOLVED THAT. RULE V is hereby amended by adding thereto Sections 3 , 4 and 5 to read as follows.: SECTION 3. Overtime ; compensatory time off;, records of overtime . All employees of the City whose salaries or wages are monthly, ex- cept those hereinafter excluded, who are requested to perform emer- gency work or who have been recalled to work on account of emergency conditions beyond the normal working day, may be paid. for such addi- tional work at one and One-hall times the hourly .rate. based upon 173. 33 hours per month. All overtime; .not emergency, shall be com- pensated for at the regular hourly-wage; rate equivalent of the employee concerned. Employees whose salaries or wages are monthly and are required to work overtime may receive equivalent compensatory time off. In all instances of overtime, the 'department head, subject to the approval of the city manager , Shall determine whether overtime shall be with pay or compensatory time off. Such compensatory. time off shall be taken within thirty days ; otherwise compensation in cash for overtime will be allowed. Authorization for pay for compensatory time off accrued by reason of overtime shall be subinitted 'to :the city manager on payroll forms and countersigned: by the department head. All department heads are excluded from any provisions concerning employee rights to be com- pensated for overtime. • Any employee required to work overtime Shall, in no case , be compen- sated for less than one hour for such overtime. The members of thelfire department; when called to duty to work an overtime shift, shall be paid overtime at their regular shift rate. This rate shall be figured on their regular number of hours worked per week as per the following formula : 1. Monthly salary times twelve months, equals annual salary. 2. Average hours worked per week times fifty-two weeks ; equals hours worked .annually. 3. Hours worked annually, divided _by annual salary, establishes the rate for a twenty-four hour shift. ' Overtime pay for ;methers of the fire ,departtent; who, are balled out. to work at large fires, or other emergencies;, and who are not on a regularly scheduled working shift-; shall be paid one and :one-half times their reqular hourly rate' based upon 17'3. 33! hburs per month., Employees entitled to be paid for overtime shall be paid for their overtime on the overtime pay day next following the calendar month in which the overtime occurred. The responsible accounting employee of each department,- office or bureau shall maintain a detailed record of all overtime. The record • shall include the name of the employee, the class , the dates and hours of overtime worked, and the dates and hours when compensatory time off is taken, together with any balance of time. off remaining to be taken off or to be paid. SECTION 4. Payment for 'work during holidays , vacations , etc. When it becomes necessary by an emergency to have employees work during legal holidays or the period such emp-loyees are entitled to vacation leave , such employees working on such legal, holidays and during periods of vacation shall be entitled to receive additional remuneration at a rate of one and one-half times their hourly wage equivalent based upon 173. 33 hours per month, or equivalent compensatory time off'. If an employee. works overtime 'on a legal. holiday, he may waive pay and add time and one-half off for the overtime worked to his accumulated vaca- tion upon mutual agreement between the employee and department head and approval by city manager. SECTION 5. Automobile allowances. The city manager is hereby author- ized to. provide compensation for the use. of automobiles owned by employees of the city and used oh city business. . The city manager' s automobile allowance shall be determined by the city council at the beginning of. the fiscal year as a part of the budget adopted by the city council . BE IT FURTHER RESOLVED that RULE XI, Sections 2 and 7 thereof, is hereby amended to read as follows : SECTION 2. Sick Leave. Sick leave with pay shall be granted to all probationary and permanent employees within the competitive service except those who work less than 1040 hours per year. The Council , however , may by resolution direct that part-time officers and employees working 1040 hours per year or less on a permanent basis may be entitled to a pro rata sick leave benefit. Sick leave shall not be considered as a right which an, employed may use at his discretion , but shall be allowed only in case, of necessity or actual personal sickness or disability. Employees are entitled to one • (1) working day sick leave with pay per calendar month following completion of each Month of continuous service and may accumulate up to a total of 120 working days . Each employee shall be entitled to be paid during the time he shall be unable to per- form services required of such employee on account of illness an amount equal to one (1) day' s pay for each month which such employee has been employed by the City, not to exceed 120 working days. Sick leave for the Fire Department shall be accumulated. on the basis of shifts with 6 . 7 shifts equaling twelve (12) days of sick leave to be accumulated per year on the bails of 13 . 4 hours per month. Fire Department 40-hour employees shall accumulate sick leave as other employees of the City. In order to receive compensation while absent on sick leave, the employee shall, notify his immediate superior or the personnel officer prior to Or within four. hours.. after this time set for beginning his daily duties as may,,.be . specified .by the head of his department. When absence is for more than three days ' duration , the employee may be required to file as physician' s certificate with the personnel officer stating the cause of the absence. - 2 - • When the employee 's absence from work has been occasioned by injury suffered during his employment and he receives workmen ' s compensation, he shall also be entitled to receive from the. City the difference between such workmen' s compensation benefits paid and the amount which would otherwise have been paid hereunder for sick leave. Ordinarily , it shall be the policy in workmen ' s compensation matters that the employee shall assign to the City any benefits rendered him during the period that he is absent on sick leave and the City shall pay him his full sick leave benefits. Sick leave under workmen ' s compensation is a supplement to the workmen' s compensation benefits to provide the employee compensation at his regular rate. All employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 Labor Code are entitled to accumulate sick leave during such periods of disability. Leaves of absence up to four working days with pay per year may be granted to employees in the event of death, serious illness or injury in the employee ' s immediate family and will be charged against sick leave. The immediate family shall consist of the spouse , children, parents , brothers , sisters , or other individuals whose relationship to the employee is that of a dependent or near. dependen,t. In each. case , the appointing power shall grant such sick leave only when in: his opinion , the relation- ship of, the sick or disabled person to the employee warrants such use of sick leave. In the event that the: employees of this city shall desire to partici- pate in a group health insurance program which has received the approval of the city council,- then., and in that event, the City shall be author- ized to pay such portion of the city employee' s..premium up to the whole thereof as it from time to time shall determine' appropriate. SECTION 7. Holidays.. For the transaction of municipal business for the City, .holidays for all' employees' shall be determined by resolution . of the city council. The resolution establishing holidays for the transaction of municipal business for the City shall be passed annually during the month of December of each year, and shall establish the holidays for the coming calendar year. In the event the council shall not adopt a resolution during the month. of December of each year estab- lishing holidays for all employees for the transaction of municipal business for the City , then and in that event, holidays for all employees shall be as determined by state law:. Police and fire department employees shall not be entitled to overtime allowance for holidays worked during their regularly scheduled shifts. *** *** *** *** *** *** I hereby certify that the foregoing resolution was duly and regularly introduced and adopted by the Council of the City of Petaluma on the 10th day of October , 1972 , by the following vote : AYES : COUNCILMEN BRUNNER, CAVANAGH, JR.. , DALY , MATTEI , PERRY , JR. , and MAYOR PUTNAM. NOES : NONE . ABSENT: COUNCILMAN CLECAK Mayor ATTEST : City Clerk - - 3