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RESEARCH TOOLS › SAMPLE DOCS › ORDINANCES › Resolution No. 90-06
 
Poulsbo, WA Resolution No. 90-06

Not an official copy.

Poulsbo, WA
Resolution No. 90-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POULSBO, WASHINGTON, TO ESTABLISH A SHARED LEAVE POLICY AND FIXING THE PROVISIONS THEREOF.

WHEREAS, the City Council of the City of Poulsbo determines it to be in the public interest to permit employees who have vested vacation leave to transfer such leave to other employees in order to permit them to deal with medical and other health emergencies; and

WHEREAS, the City Council wishes to establish such program in a format which complies with the requirement of the Washington State Constitution that public funds not be given away for private benefit; and

WHEREAS, the City Council wishes to establish such program as a pilot program for review at the end of one year with the confirmation of the pilot program by the approval of the appropriate bargaining units; now, therefore,

THE CITY COUNCIL OF THE CITY OF POULSBO, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

Section 1. Intent. The purpose of shared leave is to permit City employees, at no additional employee cost to the City other than the administrative costs of administering the program, to come to the aid of a fellow City employee who is suffering from or has an immediate family member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment.

Section 2. A Department Head, with the Mayor's approval, may permit an employee to receive shared leave under this resolution if:

A. The employee suffers, or has an immediate family member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the City.

B. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time, and/or other paid leave.

C. Prior to the use of shared leave, the employee has abided by the City's sick leave policy.

D. The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits.

E. The use of shared leave will not significantly increase the City's costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the employee's department.

Section 3. The Department Head, with the concurrence of the Mayor, shall determine the amount of shared leave, if any, which an employee may receive under this ordinance. The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. An employee shall not receive more than a total of 131 days of shared leave throughout the employee's employment. To the extent possible, shared leave should be used on a consecutive basis.

Section 4. Employees may request their Department Head to approve the transfer of a specified amount of accrued vacation to an employee who is authorized to receive shared leave as provided herein. In order to be eligible to donate vacation leave, an employee must have a total of more than ten (10) days of accrued vacation leave, have taken at least ten (10) days of vacation leave within the calendar year or have a total of accrued and used vacation leave of greater than ten (10) days for the calendar year. Transfers shall be in increments of one day of leave. In no event shall a transfer of leave be approved which would result in an employee reducing his or her total vacation leave in a calendar year to less than ten (10) days. when reviewing police employees, the Police Chief may also consider whether additional adequate time off will be provided through compensatory and/or holiday leave unique to the department. The Department Head shall not transfer vacation leave in excess of the amount specified in the request. All donations of leave shall be voluntary. The Department Head shall

determine that the no significant increase in City costs will occur as a result of a donation of leave.

Section 5. Leave may be transferred from employee(s) from one department to an employee of the same department, or, with the concurrence of both Department Heads, to an employee of another department.

Section 6. While an employee is on shared leave, he or she will continue to be classified as a City employee and shall receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation leave.

A. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave.

B. The employee's salary rate shall not change as a result of being on shared leave nor, under any circumstances, shall the total of the employee's salary and other benefits, including but not limited to state industrial insurance or any other benefit received as a result of payments by the City to an insurer, health care provider, or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status.

Section 7. Vacation leave shall be transferred on a dollar-for-dollar basis. The value of the leave shall be determined at the current hourly wage of the transferor and the leave available to the receiving employee shall be calculated at the receiving employee's wage.

Section 8. The Finance Director shall be responsible for computing the values of donated leave and shared leave, and the City Clerk shall be responsible for adjusting the accrued leave balances to show the transferred leave. The Finance Director shall determine the appropriate fund transfers and budget amendments as needed for City Council action. Records of all leave time transferred shall be maintained in the event any unused time is returned at a later date.

Section 9. The value of any leave transferred which remains unused shall be returned at its original value to the leave account of the employee or employees who donated the leave. The Department Head shall determine when shared leave is no longer needed. To the extent administratively feasible, the unused leave shall be returned on a pro rata basis.

Section 10. The City Clerk shall monitor the use of shared leave to insure equivalent treatment for all employees of the City. Inappropriate use or treatment of the shared leave provision may result in the cancellation of the donated leave or use of shared leave.

Section 11. This program has been established as a pilot program of the City of Poulsbo subject to review within one calendar year. The City Council in its sole discretion may cancel this program. Participation in the program shall be predicated upon a receipt from each affected bargaining unit of a written waiver by the appropriate Union bargaining representative indicating that the Union understands that the program is a pilot program, agrees that the program shall not establish a past practice by the City or otherwise obligate the City to continue the program and acknowledging that the City may cancel the program at any time or review it on one-year increments, extending it f rom time to time as the City Council, in its sole discretion, shall determine appropriate.

RESOLVED this 20th day of June-1990.

APPROVED:

MAYOR, RICHARD MITCHUSSON

ATTEST/AUTHENTICATED:

CITY CLERK, KAROL JONES