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Resolution No. 92671 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A SICK LEAVE POLICY, TERMINATING THE PERFECT ATTENDANCE INCENTIVE PROGRAM AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on July 2, 1991, the City Council of the City of Vernon adopted Resolution No. 5950, as amended, established a Perfect Attendance Incentive Program; and WHEREAS, the Director of Personnel has recommended the elimination of the Perfect Attendance Incentive Program effective March 31, 2007, and the establishment of a sick leave program, whereby a one-time conversion process will be allowed to mitigate the perceived loss of the future value of the Perfect Attendance Incentive Program; and WHEREAS, the Director of Personnel has also recommended for certain employees the accrual of 80 hours of sick leave per year with a maximum carry over cap of 480 hours and for fire employees an accrual rate of 112 hours per year with a maximum cap of 672. WHEREAS, the City Council of the City of Vernon desires to adopt a Sick Leave Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby adopts a Sick Leave Policy, a copy of which is attached hereto as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A and incorporated by reference. SECTION 3: The Sick Leave Policy shall take effect on April 1, 2007— SECTION 4: Effective March 31, 2007, Resolution No. 5950 and all resolutions amending said resolution are specifically repealed, and all resolutions or minute orders in conflict with this resolution are hereby repealed. SECTION 5: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 5tn day of March, 2007. ATTEST: ELA GIRO'N, Acting City Clerk HILARIO GONZA S, Mayor Pro-Tem - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9267, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, March 5, 2007, and thereafter was duly signed by the Mayor Pro-Tem of the City of Vernon. (SEAL) NUELA GIR N „ Acting City Clerk - 3 - EXHIBIT 0 CITY OF VERNON SICK LEAVE POLICY (March 5, 2007) TERMINATION OF PERFECT ATTENDANCE PROGRAM Effective March 31, 2007 the Perfect Attendance Program will be eliminated. Since the current Perfect Attendance Program has a perceived future value to those employees who currently have significant years of perfect attendance, a one-time conversion process is established to mitigate the perceived loss of that future value. II. TRANSITION FROM PERFECT ATTENDANCE PROGRAM TO SICK LEAVE PROGRAM A. The transition from the perfect attendance program to sick leave program shall apply to all employees who currently have one (1) year or more of perfect attendance. These employees shall be credited with a quantity of sick leave hours that will be deemed earned and available to those employees. The number of sick leave hours will be computed by multiplying the employee's current years of perfect attendance by 60 % of their annual sick leave accrual rate (80 hours or 112 hours for Fire). B. The offsetting sick leave hours will be accumulated in the employee's carry-over bank, up to the maximum cap. Any offsetting sick leave hours in excess of the maximum cap would be compensated at 50 % of the employee's hourly rate. C. Additionally, any hours/days off an employee received in the Perfect Attendance program between an employee's Perfect Attendance anniversary date and March 31, 2007 and that remain unused, the City will pro -rate those hours and the resulting hours will become vacation hours for 2007 to be used in 2007 only. The total number of Perfect Attendance hours that are on the books for the employee will remain Perfect Attendance hours and must be used per the current Perfect Attendance schedule. III. SICK LEAVE PROGRAM TO TAKE EFFECT APRIL 1, 2007 A. Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick hours over 26 pay periods per year. If the employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Employees only receive sick leave accrual while they are in a paid status. B. The City shall allow carry-over of sick leave up to the maximum cap of 480 hours of sick leave. This bank of carry-over sick leave would provide a cushion for longer -term illnesses and injuries, and could allow the elimination of the current Short Term Disability Program. 1 C. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 480 will be compensated for at the end of the year at 50 % of the employee's hourly rate. D. Fire employees, would have an accrual rate of 112 hours per year, accruing 4.31 of sick hours over a 26 pay periods per year with a maximum cap of 672 hours. E. If an employee voluntarily terminates employment with the City, they will be compensated for any sick leave hours in their carry-over bank at the time of separation. Employees that separate from service with more than 20 years of service credit would be compensated at 100 % of then current pay rate applied to the accrued sick leave hours. Employees with less than 20 years of service would be compensated at 50 % of their then current pay rate. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment. F. An employee who is out on sick leave for more than two (2) consecutive days shall be required to provide the City with a doctor's note for the sick leave in order to be paid for the sick leave. 2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 2, 2007 TO: Rory Burnett, Director of Finance Sharon Duckworth, City Treasurer Donal O'Callaghan, Director of Light & Power Lewis Pozzebon, Director of Environmental Health Steve Towles, Acting Chief of Police Martha Valenzuela, Director of Personnel/Purchasing Agent Mark Whitworth, Fire Chief Kevin Wilson, Director of Community Services & Water Willard Yamaguchi, Chief Deputy City Attorney/Acting Risk Manager FROM: Nelly Giron, Acting City Clerk RE: Guidelines Pertaining to the Revised Sick Leave Policy - Sick Leave Policy Approved Through Resolution No. 9267 on March 5, 2007 As requested, transmitted herewith is a copy of guidelines pertaining to the sick leave policy; a copy of the March 28, 2007, revised exhibit to Resolution No. 9267; and a copy of Resolution No. 9267, referenced above, which was approved by City Council on March 5, 2007. Thank you. NG:dr c: Cindy Calzada Kristen Enomoto Nelly Giron Resolution File No. 9267 Sick Leave Program Policy Accrued sick leave is to be used by the City of Vernon employee for any unplanned, unanticipated illness or off -the -job injury of the employee only which is serious enough that: • The illness or injury will significantly interfere with the employee's satisfactory performance or his/her assigned job task, duties, and/or responsibilities • The illness is readily transmittable to fellow employees or the public in the employee's normal working environment • There is an exposure to contagious disease which results in enforced quarantine of the employee in accordance with public health regulations The following guidelines also apply: • In the event that any paid holiday occurs during a period when an employee is on sick leave, the holiday hours shall not be charged against sick time • In the event of an illness or accident during a .regularly approved and scheduled ( vacation period shall be converted to sick time when a physician has certified to the employee's physical incapacity Doctor's appointments made as a result of an immediate need for treatment of an illness would be considered sick time • Scheduled or routine doctor's appointments/examinations or treatments which are not related to an illness would not be considered sick time • Employees are expected to contact their supervisor or department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the illness or injury and the expected duration of the time -off. Police Dept: • Employees unable to report for duty due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2 hours before they are due to start their shift. CITY OF VERNON SICK LEAVE POLICY (March 5, 2007) TERMINATION OF PERFECT ATTENDANCE PROGRAM Effective March 31, 2007 the Perfect Attendance Program will be eliminated. Since the current Perfect Attendance Program has a perceived future value to those employees who currently have significant years of perfect attendance, a one-time conversion process is established to mitigate the perceived loss of that future value. II. TRANSITION FROM PERFECT ATTENDANCE PROGRAM TO SICK LEAVE PROGRAM A. The transition from the perfect attendance program to sick leave program shall apply to all employees who currently have one (1) year or more of perfect attendance. These employees shall be credited with a quantity of sick leave hours that will be deemed earned and available to those employees. The number of sick leave hours will be computed by multiplying the employee's current years of perfect attendance by 60 % of their annual sick leave accrual rate (80 hours for miscellaneous and police employees or 112 hours for fire employees). B. The offsetting sick leave hours will be accumulated in the employee's carry-over bank, up to the maximum cap. Any offsetting sick leave hours in excess of the maximum cap would be compensated at 50 % of the employee's hourly rate. C. Additionally, any hours/days off an employee received in the Perfect Attendance program between an employee's Perfect Attendance anniversary date and March 31, 2007 and that remain unused, the City will pro -rate those hours and the resulting hours will become vacation hours for 2007 to be used in 2007 only. The total number of Perfect Attendance hours that are on the books for the employee will remain Perfect Attendance hours and must be used per the current Perfect Attendance schedule. III. SICK LEAVE PROGRAM TO TAKE EFFECT APRIL 1, 2007 A. Miscellaneous and police employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick hours over 26 pay periods per year. If the employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Employees only receive sick leave accrual while they are in a paid status. The City shall allow carry-over of sick leave up to the maximum cap of 480 hours of sick leave. B. Miscellaneous and police employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 480 will be compensated for at the end of the year at 50 % of the employee's hourly rate. C. Fire employees shall accrue 112 hours of sick leave per year, accruing 4.31 of sick hours over 26 pay periods per year. If the employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Employees only receive sick leave accrual while they are in a paid status. The City shall allow carry-over of sick leave up to the maximum cap of 672 hours of sick leave. D. Fire employees will continue to accrue sick leave hours at the 112 hours per year rate, and any sick leave hours exceeding 672 will be compensated for at the end of the year at 50% of the employee's hourly rate. E. If an employee voluntarily terminates employment with the City, they will be compensated for any sick leave hours in their carry-over bank at the time of separation. Employees that separate from service with more than 20 years of service credit would be compensated at 100 % of their current pay rate applied to the accrued sick leave hours. Employees with less than 20 years of service would be compensated at 50% of their then current pay rate. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment. F. An employee who is out on sick leave for more than two (2) consecutive days shall be required to provide the City with a doctor's note for the sick leave in order to be paid for the sick leave. 2 OFFICE MEMORANDUM PERSONNEL DEPARTMENT DATE: March 29, 2007 TO: Employee FROM: Martha Valenzuela, Director of Personnel SUBJECT: Vacation/Sick/Perfect Attendance Benefits Attached hereto is a copy of your individualized vacation/sick/perfect attendance transition accruals in accordance with the new City of Vernon Policy. VACATION TIME: For employees with 5 years of service or less your vacation has been pro -rated from your anniversary date to the end of 2006. Your new vacation schedule is now on a calendar year basis (January -December). For employees with 10 or more years of Perfect Attendance, additional vacation time on a pro rata basis has been applied. Please note that the accrual rate for vacation time is based upon number of years of service and your applicable vacation schedule. The hours will show on the pay check as of April 12, 2007. Note: All employees will receive accrued vacation from January through March 15, 2007. SICK TIME/PERFECT ATTENDANCE: All Miscellaneous and Police personnel will accrue 3.08 hours of sick time, per pay date beginning with the pay check of April 12, 2007. Fire personnel assigned to 24 hour shifts will accrue 4.31 hours of sick time per pay date beginning with the pay check of April 12, 2007. The hours of sick time "banked" will also show on the same paycheck. Employees that have accrued the maximum of 480 hours of sick time can either cash out all hours in excess of 480 hours at a rate of '50% or deposit the money into their ICMA Deferred Compensation program. If applicable, a yellow form will be attached that needs to be returned to Payroll no later than April 16, 2007. If you have any further questions or comments feel free to contact me at extension 226. CITY CLERKfS OFFICE INTER-DEPA-ATMENT MEMORANDUM DATE: March 28, 2007 TO: Rory Burnett, Finance Director Sharon Duckworth, City Treasurer Donal O'Callaghan, Director of Light & Power Lewis Pozzebon, Director of Environmental Health Steve Towles, Acting Police Chief Martha Valenzuela, Director of Personnel Mark Whitworth, Fire Chief Kevin Wilson, Director of Community Services & Water Willard Yamaguchi, Risk Manager FROM Nelly Giron, Acting City Clerk P,E U Revised Sick Leave Policy Attached is the Sick Leave Policy that was revised for clarification purposes only. Discard the exhibit currently attached to Resolution No. 9267 and replace the exhibit with this .revised version. Resolution No. 9267, approving the Sick -Time Program, was handed out to you at the Department Head's meeting held March 6, 2007. :ng CC. Resolution 9267 CITY OF VERNON SICK LEAVE POLICY (March 5, 2007) TERMINATION OF PERFECT ATTENDANCE PROGRAM Effective March 31, 2007 the Perfect Attendance Program will be eliminated. Since the current Perfect Attendance Program has a perceived future value to those employees who currently have significant years of perfect attendance, a one-time conversion process is established to. mitigate the perceived loss of that future value. II. TRANSITION FROM PERFECT ATTENDANCE PROGRAM TO SICK LEAVE PROGRAM A. The transition from the perfect attendance program to sick leave program shall apply to all employees who currently have one (1) year or more of perfect attendance. These employees shall be credited with a quantity of sick leave hours that will be deemed earned and available to those employees. The number of sick leave hours will be computed by multiplying the employee's current years of perfect attendance by 60 % of their annual sick leave accrual rate (80 hours for miscellaneous and police employees or 112 hours for fire employees). B. The offsetting sick leave hours will be accumulated in the employee's carry-over bank, up to the maximum cap. Any offsetting sick leave hours in excess of the maximum cap would be compensated at 50 % of the employee's hourly rate. C. Additionally, any hours/days off an employee received in the Perfect Attendance program between an employee's Perfect Attendance anniversary date and March 31, 2007 and that remain unused, the City will pro -rate those hours and the resulting hours will become vacation hours for 2007 to be used in 2007 only. The total number of Perfect Attendance hours that are on the books for the employee will remain Perfect Attendance hours and must be used per the current Perfect Attendance schedule. III. SICK LEAVE PROGRAM TO TAKE EFFECT APRIL 1, 2007 A. Miscellaneous and police employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick hours over 26 pay periods per year. If the employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Employees only receive sick leave accrual while they are in a paid status. The City shall allow carry-over of sick leave up to the maximum cap of 480 hours of sick leave. B. Miscellaneous and police employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 480 will be compensated for at the end of the year at 50% of the employee's hourly rate. C. Fire employees shall accrue 112 hours of sick leave per year, accruing 4.31 of sick hours over 26 pay periods per year. If the employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Employees only receive sick leave accrual while they are in a paid status. The City shall allow carry-over of sick leave up to the maximum cap of 672 hours of sick leave. D. Fire employees will continue to accrue sick leave hours at the 112 hours per year rate, and any sick leave hours exceeding 672 will be compensated for at the end of the year at 50% of the employee's hourly rate. E. If an employee voluntarily terminates employment with the City, they will be compensated for any sick leave hours in their carry-over bank at the time of separation. Employees that separate from service with more than 20 years of service credit would be compensated at 100 % of their current pay rate applied to the accrued sick leave hours. Employees with less than 20 years of service would be compensated at 50% of their then current pay rate. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment. F. An employee who is out on sick leave for more than two (2) consecutive days shall be required to provide the City with a doctor's note for the sick leave in order to be paid for the sick leave. 2 RESOLUTION NO. 2012-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AN AMENDED AND RESTATED SICK LEAVE POLICY AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on July 2, 1991, the City Council of the City of Vernon adopted Resolution No. 5950, as amended, establishing a Perfect Attendance Incentive Program; and WHEREAS, on March 5, 2007, the City Council of the City of Vernon adopted Resolution No. 9267, adopting a Sick Leave Policy (the "Policy") and terminating the perfect attendance incentive program; and WHEREAS, the Director of Personnel has recommended the sick leave policy be amended; and WHEREAS, the City Council of the City of Vernon desires to adopt an amended and restated Sick Leave Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby adopts an amended and restated Sick Leave Policy, a copy of which is attached hereto as Exhibit A. SECTION 3: All resolutions or parts of resolutions, specifically Resolution No. 9267, not consistent with or in conflict with this Resolution are hereby repealed. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 19th day of June, 2012. v - Wi iam J. Davis Name: Title: -njV2 / Mayor Pro-Tem 2 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-111, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 19, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this %'/ day of June, 2012, at Vernon, California. (SEAL) - 3 - EXHIBIT A CITY OF VERNON AMENDED AND RESTATED SICK LEAVE POLICY (June 19, 2012) A. Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick hours over 26 pay periods per year. If the employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Employees only receive sick leave accrual while they are in a paid status. B. The City shall allow carry-over of sick leave up to the maximum cap of 480 hours of sick leave. This bank of carry-over sick leave would provide a cushion for longer -term illnesses and injuries, and could allow the elimination of the current Short Term Disability Program. C. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 480 will be compensated for at the end of the year at 50% of the employee's hourly rate. D. Fire employees, would have an accrual rate of 112 hours per year, accruing 4.31 of sick hours over a 26 pay periods per year with a maximum cap of 672 hours. E. If an employee voluntarily terminates employment with the City, they will be compensated for any sick leave hours in their carry-over bank at the time of separation. Employees that separate from service with more than 20 years of service credit would be compensated at 100% of then current pay rate applied to the accrued sick leave hours. Employees with less than 20 years of service would be compensated at 50% of their then current pay rate. F. An employee who is out on sick leave for more than two (2) consecutive days shall be required to provide the City with a doctor's note for the sick leave in order to be paid for the sick leave. v' CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: June 21, 2012 TO: Rory Burnett, Finance Director/City Treasurer Daniel Calleros, Interim Police Chief Kristen Enomoto, Assistant to the City Administrator Carlos Fandino, Director of Light & Power Masami Higa, Assistant Finance Director Alex Kung, Assistant to the City Administrator Joaquin Leon, Deputy City Treasurer Leonard Grossberg, Interim Director of Health & Environmental Control James Rodino, Police Captain Martha Valenzuela, Director of Personnel/Business Services Mark Whitworth, City Administrator/Fire Chief Kevin Wilson, Director of Community Ser vices & Water FROM: Willard Yamaguchi, City Clerk G� RE: Resolution No. 2012-111— A Resolution of the City Council of the City of Vernon Adopting an Amended and Restated Sick Leave Policy and Repealing All Resolutions or Parts of Resolutions in Conflict Therewith Transmitted herewith is a copy of Resolution No. 2012-111 referenced above, which was approved by City Council on June 19, 2012. Thank you. WY:dj Attachment c: Resolution No. 2012-111, 9267 RECEIVED RECEIVED JUN 0 5 2012 JUN 13 2012 CITY ADMINISTRATION CITY CLERK'SOFFlCE STAFF REPORT PERSONNEL DEPARTMENT DATE: June 4, 2012. TO: Honorable Mayor and City Council / FROM: Martha Valenzuela, Director of Personnelr RE: Service Credit for Unused Sick Leave Background: The City adopted Sick Leave Resolution Number 9267 on March 5, 2007 for the accrual of sick leave hours for city employees with a maximum cap of 480 hours for miscellaneous and police personnel and 672 hours for fire personnel. Exhibit A section III,. E states "Employees shall have the option of obtaining service credit for the accrued unused sick leave hours instead of a cash payment." ' At this point the City has not amended the contract with CalPERS to include the unused sick leave benefit. We are now in receipt ofthe cost analysis (seeattachments)from CalPERS and the cost increases are as follows: Year: 2012-13 Miscellaneous .467% or $ 54,226.64 Fire .380% or $ 31,222.36 Police .232% or $ 12,194.26 $ 97,643.26 Increase Year: 2013-14 Miscellaneous .5% or $ 58,058.26 Fire .4% or $ 32,865.82 Police .2% or $ 10,512.58 $ 101,436.66 Increase Recommendation: Based on the CalPERS cost analysis in which the CalPERS rates will increase for this next budget year and for the following year and considering our current budget restraints, my recommendation is not to contract with CalPERS for this benefit at this time, therefore Sick Leave .Resolution Number 9267 needs to be amended to reflect the elimination of this benefit. Respectfully submitted.