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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. (4) ; provided, period ,.r,-hfee > days ,.,,,<,,,.og;,,,r;,,,,,with the a,,y of for - deatand engin„ $;t the day after- the ncri-cna, u,,,y ,.��.., fungi -.,1 n .., �.,....,�..,., ;.�... the employee ,w.., ..fit..,,),.,. �.�,.� a may be ,,., paid t.,....,. �.,_ f ,. the ..._., thfeedays, additionaltime .,.,k..n..+h...b .h.. be-authorized t,,.ri,... ,......... for- ,,., .,.,......,..,... u...m " ,..,.,.,a,...., " -ae-atien, or- as may a&aneed vaeatien. this instanee7,s1',mall-inelude-the speusee an .,11 lineal .,n lateral r-elatiens offtheemployee-6rspouse, 7' r 1.1.,e ung ,Flab t.b,;e �..�.�� . � .......�..�,.... any dependent 1,a the ,.... ent t,,-„v,,',w'�`j' o f the :'�t...��.....��„�' employee pensibilit, ,� .,� raising the 0 pley00or- speuse .7,,ring ehi x1,,,,.,7er-any sen,., law „ (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