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HomeMy WebLinkAboutO-2003-2684-B 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqnested: Februarv21. 2006 Budl!et Requested By: Rohert Swanaean Source of Funds: N/A Department: ~dlRiAilitntioAIHulllaA R.elioUr1:eli Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Full Emergency Pay Policy 2-27-06 Exhibits: Ordinance 2684-& ~ 2 Changes Amount Requested: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Presentation and discussion of revisions to Emergency Pay Policy. Previous work shop item for 1-30-06 Council Retreat then re-scheduled and presented at 2-13-06. The only changes are clarifications of "Compensatory Time Reduction Procedure" which is behind policy as addendums, change in wording to include Exempt Status Employees compensation time. Also, page 18 changed "directors/supervisors" to City Manager for accrual of Compensatory time approval. Action Required bv Council: Adopt Emergency Pay Policy APpr.v~d~l~:/;~~ neif.azelle c-J --,:J.;) -0 ~.~ Date ORDINANCE NO. 2684-B AN ORDINANCE ADOPTING THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK DATED SEPTEMBER 21, 2005, PROVIDING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby adopts the "City of La Porte Employee Policies Handbook" dated September 21, 2005, a true and correct copy of which is attached to this Ordinance as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 3. The City of La Porte Employee Policies Handbook hereby adopted, shall supersede all previous City of La Porte Personnel Policy Manuals and City of La Porte Employee Policies Handbooks heretofore adopted by the City Council of the City of La Porte, on its effective date of September 21, 2005. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance or the City of La Porte Employee Policies Handbook hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Employee Policies Handbook, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. The City of La Porte Employee Policies Handbook adopted by this Ordinance, shall be effective from and after September 21, 2005. PASSED AND APPROVED, this 27th day of February, 2006. By: CITY OF LA PORTE ~y~ Alton E. Porter Mayor ATTEST: ~~tJcAI~ Martha A. Gillett City Secretary APPROVED: Cla~:r ~ Assistant City Attorney 2 4. The City will reimburse the employee's cost of tuition, lab fees, books, valid campus parking fees, and building uses fees. The employee must receive a passing grade of C or above in order to receive reimbursement. 5. The City will not reimburse courses covered by Veteran or other educational assistance programs, nor does it cover any incidental expenses such as deposits, supplies, or other personal expenses. 6. The City may prepay continuing education courses required through established goals and objectives on an employee's evaluation, with approval by the Department Director. A certificate of completion shall be required and shall be turned in to the Human Resources Division for placement in the employee's file. Any employee who does not complete a prepaid course, or does not submit a certificate of completion, shall be excluded from any future prepaid options. 12 EMERGENCY PAY POLICIES POLICY When an emergencv imvacts City emvlovees' work schedules and status during emergencv conditions and a "state of emergencv" has been declared bv the Mavor. the City Manager mav grant emergencv administrative leave with vav and/or after the occurrence of a disaster. whether natural or man-made. If it is determined that a civil emergency condition exists, including, but not limited . to, riots, civil disorders, severe weather or hurricane conditions, other natural disasters, chemical incidents, or similar conditions, the City Manager may suspend all provisions of the City of La Porte's Employee Policies Handbook that may be in conflict with this section. Scope This practice applies to all non-exempt and exempt employees, and includes civil service personnel. DECLARATION OF EMERGENCY Notification of State of Emergency: When a state of emergency is imminent or has been declared, the City Manager or designated supervisor will notify all employees through department directors or managers of such declaration. EMERGENCY PERIODS Employee Policies Handbook/Page 16 Pre-Impact Period This is the time period prior to the impending disaster and includes emergency response activities and preventive measures by the City of La Porte's departments in preparing for the impending emergency. This period begins when the City Emergency Operations Center or the City Manager declares an emergency is imminent. Emeraency Period This is the time period during which emergency response activities and restoration of critical services are conducted to protect life and property, and most other regular City services are suspended. This period begins when the City is closed for normal business and ends when the City Manager declares it safe for all employees to return to work. Post Impact/Recovery Period This is the time period during which activities are conducted to restore the City's infrastructure and services to pre-disaster conditions. This period begins when the City Manager declares it safe for all employees to return to work, and ends when the City Manager declares the period is over. Emeraency Administrative leave/General Provisions No one is excused from work until the City Manager, through the department directors, authorizes employees to leave, even if a public announcement of office closures or suspension of services is issued. Employees must return to work as soon as an emergency is over to participate in the Post Impact/Recovery Period. Employees dismissed from work during an emergency will be on emergency administrative leave pursuant to this policy. Said leave will start when the employee is dismissed by his/her Department director and will continue until the City Manager declares that it is safe for all employees to return to work. Employee Responsibilities: Employees are expected to return to work on their next scheduled day or shift following the City Manger's declaration. If an employee fails to show up for work or cannot show up for other reasons then the time lost will be Leave of Absence Without Pay, unless other paid leave (vacation, sick, etc.) had been or is approved. Employees Safety The City of La Porte recognizes that all "Essential" employees have personal and family responsibilities that may conflict with the obligation to fulfill their job requirements during hazardous weather or state of local emergency. When evacuation of personal residences is required, employees will be permitted and expected to make arrangements for their families like any other citizen, including Employee Policies Handbook/Page 17 the use of authorized shelters. Employees who are not able to return to work due to unavoidable or unsafe conditions related to the emergency (for instance, they have evacuated the area and are unable to return, or they are unable to leave their residence to return to work at City facilities due to impassable roadways, etc.) must contact their department director or designated supervisor as soon as possible and utilize appropriate leave time. Durina a state of emeraency, any unauthorized absence from work or assianment may be considered sufficient cause for discharae. EMPLOYEE STATUS Prior to a declaration of a civil emerflencv. Department Directors shall. designate "Emergencv Essential" and "Emergencv Non-Essential" versonnel. All versonnel shall be advised of their status as of Januarv 1st each year. Individual emvlovee status may chanfle. as the needs of the City change during the civil emergency. or at the discretion of the Devartment director. "Emereencv Non-Essential" - After a needs assessment is made. some emvlovees may be temporarily dismissed from work. concurrently or successive Iv. as determined bv the emergency need and the department or function and those will be designated as "Emerflencv Non-Essential." Thev will be placed on emerflencv Paid Administrative Leave pursuant to this policy. "Emergency Essential" - Each department director is responsible for identifying those employees who will be required to remain or respond in the event of emergency conditions and those employees will be designated as "Emergency Essential." "Emergency-Essential" employees may be required to be available immediately before (Pre-Impact), during (Emergency)-e.g., those within the Emergency Operations Center-and/or after the disaster or emergency condition (Post-Impact/Recovery) to perform duties directly related to the emergency conditions, as determined by City. "Post-Impact/Recoverv Assiened" - Post-emerflencv. all City emvlovees are considered Post-Impact/Recovery Assigned employees. All City employees are to return to work after the City Manager declares it is safe to do so. After the return to work. some emvlovees may be further identified as "Essential Recovery." while others may be temvorarilv excused from work. The City Manager and each devartment or function is resvonsible for identifying those emvlovees who are essential to the quick restoration of critical services to the community. These emplovees desiflnated as "Essential Recoverv " employees are required to work durinfl veriods after the emergency when other emvlovees may be dismissed or on authorized leave. Notwithstanding. an "Essential Recovery" emvlovee will be allowed reasonable emerflencv paid administrative leave to Employee Policies Handbook/Page 18 secure the emplovee's home and familv and attend to immediate personal needs resulting from the emergencv. EmerJ!encv Dutv Assignment: In the event of an emergencv. the Citv Manager mav assign emplovees to anv duty to the extent that the Citv is not in violation of anv State or Federal Law. This includes emplovees of one department serving in an emergencv capacity for anv other department or function as assigned. COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF EMERGENCY 1. During declared emergency status, at the director's/supervisor' approval exempt- status employee(s) may accrue compensatory time up to 40 hours. After the 40 hours are exhausted, the exempt-status employee(s) base salary will be computed to arrive at an hourly rate; then the City will pay the exempt-status employee(s) 1 112times their base hourly rate. 2. During the Emergency Period, employees released from work or who are not required to report to work due to the emergency event shall receive pay for their normally scheduled workday. These hours shall count as "time worked" for the purpose of computing overtime for non-exempt employees and shall be clearly noted on the time sheet with the appropriate emergency coding as designated by the Finance Department. 3. During the Emergency Period non-exempt Emergency Essential personnel (hourly, overtime eligible) employees shall be paid at a rate of two times (2x) base straight pay for normally scheduled hours and for all hours worked outside their regular scheduled work hours during the declared emergency conditions, when other employees are allowed administrative leave, until the City Manager declares that it is safe for all employees to return to work. After such time, the employee will be paid according to the normal pay policy. 4. During the Emergency Period and Post Impact/Recovery period, exempt employees shall be compensated by receiving pay for all time worked in excess of forty (40) hours in each work week during the declared emergency/disaster and Impact/Recovery period. The rate of pay for such additional hours worked shall be equivalent to the exempt employee's hourly rate of pay computed as if the employee was not paid on a salary basis. The additional compensation shall be in addition to the employee's regular salary. Each department will provide the appropriate forms for exempt employees to document their hours worked. Nothing herein shall be construed to affect the exempt status of such employees. 5. Employees who are out on prior-approved leave or who called in sick during any of the three periods will continue to be charged for such leave. Employee Policies Handbook/Page 19 COMPENSATORY TIME REDUCTION PROCEDURE When there is a declared emergency the maximum amount of compensatory time permitted to be accumulated by all exempt status employees will be 40 hours. The previous declared amount was 160 hours is no longer true. If an exempt status employee earns in excess of 40 hours of Compensatory Time they will be paid Overtime at the rate of 1 ~ time their base hourly rate for all hours worked after earning the 40 hours of Compensatory Time.