HomeMy WebLinkAbout2009-4-7530ORDINANCE NO. 2009-4-7530
AN ORDINANCE AMENDING SECTIONS 78-32, VACATION LEAVE; 78-
33, SICK LEAVE; AND 78-102, REMOVAL, SUSPENSION, OR REDUCTION IN GRADE
OR PAY OF CHAPTER 78, PERSONNEL OF THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 78-32, Vacation Leave, of Chapter 78, Personnel, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 78-32, VACATION LEAVE.
(a) Generally.
(1) Except for uniformed members of the Police and Fire Departments, all
employees shall receive vacation time as follows: During the first year
of employment, vacation time shall accrue at the rate of one-half day
per month for a total of six days. Between the beginning of the second
and the beginning of the fifth year of employment, employees shall
accrue vacation at the rate of five -sixths days per month, for a total of
ten days per year. From the beginning of the fifth year to the beginning
of the tenth year of employment, the accrual rate shall be one day per
month for a total of 12 days per year. Between the beginning of the
tenth year and the beginning of the 15th year of service, the accrual
rate shall be 1 1/4 days per month for a total of 15 days per year.
Between the beginning of the 15th year and the beginning of the 20th
year of service, the accrual rate shall be 1 1/2 days per month for a
total of 18 days' vacation per year. From the beginning of the 20th year
through the 25th year of service, the accrual rate of vacation will be 1
3/4 days per month for a total of 21 days per year. For all employees
with more than 25 years of service, the accrual rate of vacation shall be
two days per month for a total of 24 days per year.
(2) An employee may accumulate up to a maximum of 50 days of
vacation at any one time. Upon termination of employment, all
employees shall be paid for any unused vacation leave not to exceed
50 working days. No vacation leave shall be credited to any employee
until such time as he has worked for the city for six consecutive
months, after which the vacation leave shall be credited from the date
of employment.
(3) After obtaining vacation eligibility, an employee may take vacation as
may be reasonably scheduled with his department director as
hereinafter set forth in subsection (h) of this section, or, in the case of a
department director, as may be scheduled with the City Manager.
(4) A month in which an employee is paid for 12 days or more shall be
considered as a month of service.
(b) Police Department. All present uniformed members of the Police Department
shall continue to receive vacation at the rate of 1 1/4 days of vacation for each
month of employment with the city for a total of 15 days per year, except for
those members who have begun their 15th year of service with the city, who
shall receive vacation at the increased rate as hereinafter set forth.
(1) All uniformed members employed after June 30, 1980, shall receive
vacation time as follows: During the first 14 years of employment,
vacation time shall accrue at the rate of 1 1/4 days per month for a
1.,
total of 15 days per year. Between the beginning of the 15th year and
the beginning of the 20th year, members shall accrue vacation at the
rate of 1 1/2 days per month for a total of 18 days per year. From the
beginning of the 20th year to the beginning of the 25th year of
employment, the accrual rate shall be 13/4 days per month for a total
of 21 days per year. For all members with more than 24 years of
service, the accrual rate for vacation shall be two days per month for a
total of 24 days per year.
(2) Each member may accrue up to a maximum of 50 days of vacation at
any one time.
(c) Members of Fire Department working 24-hour shifts. Members of the Fire
Department working shifts of 24 hours on duty and 48 hours off duty who
have less than 15 years of continuous service with the Department, and were
with the Department prior to July 1, 1980, shall accrue vacation at the annual
rate of seven work days.
(1) All other members of the Fire Department working shifts of 24 hours
on duty and 48 hours off duty shall accrue vacation as follows:
Members who have less than three years' service with the Department,
at the annual rate of five work days; members who have successfully
completed more than three years' but less than ten years' service with
the Department, at the annual rate of six working days; members who
have successfully completed more than ten years' but less than 4S 16
years' service with the Department, at the annual rate of seven working
days; members who have successfully completed more than IS 16
years' but less than 20 years' service with the Department, at the annual
rate of eight working days; members who have successfully completed
more than 20 years' but less than 25 years' service with the
Department, at the annual rate of nine working days; and members
who have successfully completed more than 25 years' of service with
the Department, at the annual rate of ten working days.
(2) A work day as used in this section shall mean a 24-hour period. Such
vacation shall be taken with the approval and consent of the Fire
Chief. Vacation pay shall be computed at the average pay the
employee would receive for the period of time covered by the vacation
based on an average work week of 56 hours. Members with less than
ten complete years of service shall not be allowed to accumulate
vacation time. Vacation time must be taken as scheduled each year.
Each member who has completed ten years of service may accumulate
up to a maximum of 25 days of vacation at any one time.
(d) Other members of Fire Department. Uniformed members of the Fire
Department not included in subsection (c) of this section shall receive the
same vacation accrual as the employees of the city who are not uniformed
members of the Police and Fire Departments. No member of the Fire
Department shall receive an accrual rate for vacation than that member had on
June 30, 1980, as a result of the change in vacation accrual effective July 1,
1980.
(e) Employees paid on hourly basis. Regular full-time employees paid on an
hourly wage basis shall receive vacation pay at their regular hourly rates, for
the number of hours in their regular daily shifts for each working day while on
vacation leave.
(f) Payment for unused leave. Upon termination of employment, all employees
except those governed by the collective bargaining agreement between the
city and Firefighters' Local 168 shall be paid for any unused accrued vacation
leave not to exceed 50 working days.
(g) Accrual during leave of absence. An employee granted a leave of absence
with pay for any purpose shall continue to accrue vacation leave at the rate
prescribed in this section during such absence.
(h) Vacation schedule. Each department director shall prepare a schedule of
vacations for the entire year indicating how many employees may be gone
from work within the department at any one time, and requests for vacation
shall be applied for on a basis of seniority. Accrued time not originally applied
for may be taken with the approval of the department director at any time.
Y (i) Advancement of leave days. An employee may be advanced the number of
days of vacation leave that would be earned during the remainder of the
current calendar year, but, if an employee is separated from employment
before such advance leave is accrued under this section, the employee shall
reimburse the city for the amount of unaccrued leave that was taken, and for
this purpose a deduction shall be made from the employee's final payroll
check.
0) Employees of 911 Emergency Communication Service.
(1) For the purpose of this subsection, a qualifying quarter of service
shall be a quarter in which a part-time employee of the Emergency
Communication Service is paid for a minimum average of 30 hours
of work per week.
(2) All full-time employees of the 911 Emergency Communication
Service shall be entitled to vacation pay in accordance with this
section.
(3) After completion of one year of service with the Emergency
Communication Service, part-time employees shall accrue vacation
at the rates set forth in this section for each qualifying quarter of
service. The vacation will accrue at the end of each quarter, with
each qualifying quarter constituting three months of service. All
other provisions of this section shall apply to part-time employees of
the Emergency Communication Service, except as set forth herein.
(4) Notwithstanding the foregoing provisions of this section, no part-time
employee of the Emergency Communication Service shall be
entitled to accrue vacation benefits until he or she has completed one
year of service.
SECTION 2. That Section 78-33, Sick Leave, of Chapter 78, Personnel, of the
Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 78-33, SICK LEAVE.
(a) Generally.
(1) Entitlement. Each employee of the city regularly employed on a full-
time basis shall be entitled to sick leave with pay. The accrual of sick
leave shall be at the rate of one and one-half working days for each
month of service for all employees except Police Sergeants,
Investigators and Officers and Fire Captains, Lieutenants, and
Firefighters who shall accrue such leave at the rate of one and one-
third days per month. A month in which an employee is paid for 12
days or more, or a member of a platoon in the Fire Department is
paid for five 24-hour periods or more, shall be considered a month of
service. A day for which an employee receives workmen's
compensation benefits from the city insurance carrier shall be
considered a day for which the employee is paid under this section.
Any employee granted a leave of absence for any other purpose shall
not continue to accrue sick leave at the rate prescribed in this section
during the absence.
(2) Retirement time purchase. When an employee retires the city will
purchase one day of retirement credit for each sick day accumulated
up to a maximum of one year's retirement credit (242 days). An
employee must have a minimum of 50 days accrued sick time at the
time of retirement to receive this benefit.
(3) Payment alternative. Employees may elect the following benefit in
lieu of the retirement time purchase described in subsection (a)(2):
a. Upon retirement, employees electing the payment alternative
who have over 50 days of sick leave accumulated shall be paid
an amount equivalent to one day's regular pay for all sick days
accumulated over 50 days up to a maximum of 70 days pay.
b. Current employees who desire to select this payment alternative
in lieu of the retirement time purchase benefit in subsection
(a)(2) must state their desire in writing to the City Personnel
Director before 4:30 p.m. June 30, 2000. Employees hired after
the effective date of this article who desire to select this payment
alternative in lieu of the retirement time purchase benefit in
subsection (a)(2) must state their desire in writing to the City
Personnel Director within 90 days of their date of employment.
c. Employees who select this payment alternative may accrue a
maximum of 150 days of sick leave. All other employees may
accrue a maximum of 242 days of sick leave.
d. Police Sergeants, Investigators and Officers and Fire Captains, f
Lieutenants, and Firefighters who elect this payment alternative
in lieu of the retirement time purchase described in paragraph
(a)(2) and who have 150 days of sick leave accumulated shall be
paid an amount equivalent to one day's regular pay for one-third
of all sick days accumulated over 150 days. Payment for these
sick days shall be no later than the last day of January of the
following year.
(4) Death benefit. If an employee dies, the surviving spouse or
designated beneficiary shall be entitled to the same unused sick leave
benefits option as elected by the employee, either the retirement time
purchase benefit described in subsection (a)(2) or the payment
alternative described in subsection (a)(3).
(b) Use. An employee eligible for sick leave with pay shall be granted leave for
the following reasons only:
(1) Personal illness or physical incapacity resulting from causes beyond
the employee's control.
(2) The illness of a member of the employee's household, the employee's
parents, or children, whether or not said parents or children are a
member of the employee's household, that requires the employee's
personal care and attendance.
(3) Enforced quarantine of the employee in accordance with community
health regulations.
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(c) Notification of department head. An employee on sick leave shall inform his
department head of the fact and the reason therefor as soon as possible, and
failure to do so within the first day of absence may, at the discretion of the
City Manager, be cause for denial of sick leave with pay for the period of
absence.
(d) Physician's statement for leave in excess of three consecutive days. Sick
leave with pay in excess of three consecutive working days for any reason
shall be granted only after presentation of a written statement by a licensed
physician certifying that the employee was unable to perform the duties of
his position. Such statements shall accompany payrolls submitted to the City
Treasurer.
(e) Physician's statement in special cases. In special cases, with individual
employees, where the department head feels it is necessary to avoid abuse of
the sick leave provisions, the department head may, with the approval of the
City Manager, require that employee to submit a written statement by a
licensed physician for any absence. The employee will be notified in
advance that he will be required to submit such a statement when he is
absent on sick leave.
(f) Advancement of leave. In unusual circumstances, and with the approval of
- the department head and the City Manager, sick leave may be taken in
advance of accrual up to a maximum of 30 working days (15 24-hour shifts
for Fire Department platoon members); provided, that any employee separated
from city employment who has been granted sick leave that is unaccrued at
the time of such separation shall reimburse the city for all salary paid in
connection with such unaccrued leave and, if possible, for this purpose a
deduction shall be made from the employee's final payroll check.
(g) Special provisions for Fire Department. Members of a platoon in the
Paducah Fire Department working shifts of 24 hours on duty and 48 hours off
duty shall be charged with two days' sick leave for each 24-hour shift. One
day of sick leave will be charged for any excused period of illness up to 12
hours. Compensation for sick leave shall be computed at the member's rate of
pay times the hours absent during the pay period, and full credit shall be given
for regular and overtime pay as if the member had actually worked his
scheduled shift of 24 hours on duty and 48 hours off duty as required by KRS
95.500.
SECTION 3. That Section 78-34, Bereavement Leave, of Chapter 78, Personnel,
of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as
follows:
SECTION 78-34, BEREAVEMENT LEAVE.
Employees who experience a death in their immediate family take up to 3
days of paid bereavement leave. Eligibility for bereavement leave begins the day of death and
ends the day after the funeral. For the purpose of this section "immediate family” means a
spouse parent spouse's parent, child [natural, adopted, step, or fosterl, jrandparents,
grandparent -in-law, grandchild, sister, brother, sister-in-law, and brother-in-law.
SECTION 4. That Section 78-34, Disposition of Accumulated Leave on Transfer
of Employee to Different Department, of Chapter 78, Personnel, of the Code of Ordinances of
the City of Paducah, Kentucky, is hereby amended to read as follows:
SECTION 7844 35, DISPOSITION OF ACCUMULATED LEAVE ON
TRANSFER OF EMPLOYEE TO DIFFERENT DEPARTMENT.
When an employee is transferred to another department of the city, any unused
vacation leave or sick leave which may have accumulated to his credit shall continue to be
available for his use.
SECTION 5. That Section 78-35, Part -day Absences, of Chapter 78, Personnel,
of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as
follows:
"SECTION 78-335 36, PART -DAY ABSENCES.
Absence for a fraction or part of a day that is chargeable to sick or vacation leave
in accordance with the provisions in this article shall be charged proportionately in an amount
not smaller than one-quarter hour. The minimum amount charged will not be less than one hour.
SECTION 6. That Section 78-36, Vacation and Sick Leave Records, of Chapter
78, Personnel, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended
to read as follows:
"SECTION 78-36 37, VACATION AND SICK LEAVE RECORDS. -
An individual leave record showing vacation and sick leave accrued and taken by
each employee of the city shall be maintained by the Finance Director. This record shall be based
on information entered on payrolls certified by the director of each department in a manner to be
prescribed by the Finance Director.
SECTION 7. That Section 78-37, Annual Military Leave, of Chapter 78,
Personnel, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to
read as follows:
"SECTION 78-37- 38, ANNUAL MILITARY LEAVE.
All officers and employees of the city regularly employed on a full-time basis
who are members of the National Guard or of any reserve component of the armed forces of the
United States, or of the reserve corps of the United States Public Health Service, shall be entitled
to a leave of absence from their respective duties, without loss of time, pay, regular leave,
impairment of efficiency rating, or of any other rights or benefits to which they are entitled,
while in the performance of duty or training in the service of this state or of the United States
under competent orders, for a period in any calendar year not to exceed that specified in this
section. Such officers or employees while on such leave shall be paid their salaries or
compensations for a period or periods not exceeding 15 calendar days or ten working days if the
employee's position is based upon a five-day work week, 12 days if the employee's position is
based upon a six-day work week, and 15 days if the employee's position is based upon a seven-
day work week, in any one calendar year.
SECTION 8. That Section 78-38, Social Security, of Chapter 78, Personnel, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 78-3-9 39, SOCIAL SECURITY.
Nothing in this Code of Ordinances or the ordinance adopting this Code shall be
deemed to affect the validity of any ordinance or contract relating to old age and survivor's
insurance benefits for the city officers and employees under applicable federal and state statutes,
and such ordinances and contracts are hereby recognized as continuing in full force and effect to
the same extent as if set out herein at length.
SECTION 9. That Section 78-39, Group Life and Medical Insurance, of Chapter
78, Personnel, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended
to read as follows:
"SECTION 78-39 40, GROUP LIFE AND MEDICAL INSURANCE.
(a) The city shall provide group life and medical insurance for all full-time
permanent employees of the city in accordance with applicable insurance
contract specifications and as set forth and established by the city from time
to time.
(b) Upon retirement of an employee participating in the group life insurance
plan, the employee may continue his coverage in the amount of $4,000.00,
for which the retiree shall pay 50 percent of the total monthly premium. In
no event shall the city pay more than 50 percent of any such premium.
(c) Any retiree of the Police and Firemen's Fund who elects to remain a member
of the city's group health insurance shall pay the premiums attributable to
that retiree, monthly, in advance. Eligibility for retirees is pursuant to the
City of Paducah Medical, Prescription Drug, Vision and Dental Master Plan
Document as accepted and effective July 1, 1999, and as may be amended
from time to time.
(d) Pursuant to an agreement between the city and the Fraternal Order of Police
bargaining unit, the city's group life insurance policy shall contain a rider
providing for double indemnity for a police officer killed in the line of duty
and additional benefits for loss of limb(s) or sight. These additional benefits
shall become effective May 1, 1996.
SECTION 10. That Section 78-40, County Employees Retirement System, of
Chapter 78, Personnel, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
"SECTION 78-40 41, COUNTY EMPLOYEES RETIREMENT SYSTEM.
The city, as of July 1, 1975, adopts the provisions of the County Employees'
Retirement System pursuant to KRS 78.510--78.991.
SECTION 11. That Section 78-102, Removal, Suspension, or Reduction in Grade
or Pay, of Chapter 78, Personnel, of the Code of Ordinances of the City of Paducah, Kentucky, is
hereby amended to read as follows:
"SECTION 78-102, Removal, Suspension, or Reduction in Grade or Pay.
(a) No employee in the classified service of the city, after serving a probationary
period of three six months, shall be removed, suspended or reduced in grade
or pay, for any reason except inefficiency, misconduct, insubordination or
violation of law involving moral turpitude; provided, however, any employee
may be removed, suspended or reduced in grade or pay for any of the
following specified causes:
(1) Drinking beer, wine, whiskey or any other alcoholic or intoxicating
liquor while on duty;
(2) Being under the influence of any intoxicant or drug while either on or
off duty;
(3) Insubordination or disrespect to the City Manager or to any superior
employee, the Mayor or any member of the Board of Commissioners
of the city;
(4) Failure or refusal to perform any duty required in connection with his
employment, or to do so when requested by the City Manager or the
director of his department;
(5) Such conduct as shows disrespect to any fellow employee or any
member of the public;
(6) Conviction of a felony in any court;
(7) Attempting in any way to influence any person's vote in any election,
or interfering with or obstructing the holding of any election or
registration of any voter;
(8) Allowing as many as three orders of attachment or garnishees against
his salary or wages for just debts;
(9) Such mental or physical incapacity or disability as renders him
incapable of properly performing his duty;
(10) Abandonment of, without just cause, or failure to support, his
family;
(11) Any immoral habits or lascivious or improper conduct not herein
enumerated which would render him unfit for employment by the
city, or which would in any way tend to bring discredit or criticism
to his department, the city government or any of its employees;
(12) Any form of impoliteness or rudeness in dealing with the public or
in the performance of duty;
(13) Being absent from duty without permission from either the City
Manager or from the head of the department in which he is
employed, or being tardy in reporting for duty or in the performance
of any assigned work, or loitering at any time while on duty;
(14) Any lack of interest and attention to duty, tardiness or other cause
which prevents an employee from efficiently performing his duty;
(15) Engaging in disputes or quarrels with any other employee or person
while on duty, or using indecent or profane names or language in
addressing another employee or another person;
(16) The acceptance of any gift or contribution of any kind from any
person or persons which may be calculated to place the employee
under obligation to the contributor or anyone else;
(17) Any abuse or negligence in the care of any equipment or tools
owned by the city by any employee using the same. (Code 1968, §
10-17)
(b) No employee shall be removed, suspended, or reduced in grade or pay until
he has been duly notified of the charges preferred against him and of the
time and place of trial, and until he shall have been given the opportunity to
be heard in the manner provided under KRS 90.300--90.990.
SECTION 12. That if any section, paragraph or provision of this ordinance shall
be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of
such section, paragraph or provision shall not affect any other section, paragraph or provision
hereof, it being the purpose and intent of this ordinance to make each and every section,
paragraph, an provision hereof separable from all other sections, paragraphs and provisions.
SECTION 13. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
AWWM444 26- 4Z49C—JL
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, March 24, 2009
Adopted by the Board of Commissioners, April 14, 2009
Recorded by Tammara S. Brock, City Clerk, April 14, 2009
Published by The Paducah Sun, April 20, 2009
ord\pers\78-32, 33, 102 4-09