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Home My WebLink AboutPO 6663: AMENDING CHAPTER 78 PERSONNEL, ARTICLE II PERSONNEL POLICY, REPORTING FOR DUTY IN INCLEMENT WEATHER J City of _ \ QarthUr Texas INTEROFFICE MEMORANDUM Office of HR & Risk Management Date: Tuesday, June 26th, 2018 To: Harvey L. Robinson, Interim City Manager From: Monique LeFlore MA, SHRM-SCP, HR & Civil Service Director RE: REPORTING FOR DUTY IN INCLEMENT WEATHER Recommendation: August 30th, 2017, Hurricane Harvey struck the City of Port Arthur, resulting in flood and wind damage to the City of Port Arthur. We recommend approval of Proposed Ordinance amending Chapter 38, Article II, Division I, Section 78-53 of the City of Port Arthur Code of Ordinance as it pertains to reporting for duty in inclement weather. Please review verbiage from current policy below- (8) Except as denoted in this subsection,this section does not apply to civil service workers who have a collective bargaining agreement which addresses their pay and benefits and it does not apply to exempt employees. In the case of a major disaster which is of such severity and magnitude to warrant an emergency declaration by the President under the Robert T. Stafford Relief and Emergency Assistance Act and similar legislation, civil service workers and exempt employees will also receive inclement weather pay in an amount not to exceed eight (8) hours per day for the time that they expend acting as emergency service workers during the disaster. (REVISED/ORD#08-119 12/02/2008) Revisions to current Section 78-53: (8) Except as denoted in this subsection,this section does not apply to civil service workers who have a collective bargaining agreement which addresses their pay and benefits. In the case of a major disaster which is of such severity and magnitude to warrant complete closure of normal City operations, employees will receive, in addition to pay for actual time worked, employees, inclement weather pay in an amount not to exceed eight (8) hours per day for the time that they M • expend acting as emergency service workers during the disaster. (REVISED/ORD#08-119 12/02/2008 & 06/18/2018) (9) Exempt employees who have accrued comp time for hours worked over 40 hours per week during the inclement weather, will automatically earn time and a half(overtime) for hours up to 100 and any hours paid over 100 hours will be accrued as compensatory time after 48 hours per week. StaffAnalysis, Considerations: The current language ties the City of Port Arthur to specific disaster declaration by the President in which the City wishes to modify to a more standard term in compliance with FEMA's guidelines. The City of Port Arthur deems it to be in the best interest of the citizens of Port Arthur to amend certain provisions of Article II - Personnel Policy to reflect the standard criteria for critical FEMA reimbursements. Budget Con.cideration : Budgeted amount for departments TBD by Finance department and reimbursement guidelines established by FEMA. "Remember we are here to serve the Citizens of Port Arthur" P.O. No. 6663 6.26.18 ml/ht/gt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 78 (PERSONNEL), ARTICLE II (PERSONNEL POLICY), DIVISION 1, SECTION 78-53 (REPORTING FOR DUTY IN INCLEMENT WEATHER) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR WHEREAS, the City of Port Arthur has been home to some of the most devastating hurricane disasters throughout the years; and, WHEREAS, Chapter 78, Article II, Division 1, Section 78-53 of the Code of Ordinances establishes the policy for reporting for duty in inclement weather; and, WHEREAS, the current language ties the City of Port Arthur to specific disaster declaration by the President, which the City wishes to modify to a more standard term; and, WHEREAS, the City Council of the City of Port Arthur deems it to be in the best interest of the citizens of Port Arthur to amend certain provisions of Article II - Personnel Policy to reflect the standard criteria for critical FEMA reimbursements, as delineated in Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Chapter 78, Article II, Division 1, Sections 78-53 of the City of Port Arthur Code of Ordinance be amended, as delineated in Exhibit "A" attached hereto. Section 3. That this being an Ordinance amending an Ordinance which does not carry a penalty, and does not require publication, it shall take effect immediately from and after its passage. Section 4. That the Human Resources Department shall update Section 17-157 of the Personnel Policy Handbook to reflect such revisions. P.O. No. 6663 6.26.18 ml/ht/gt Section 5. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D. 2018 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: Mayor Councilmembers NOES Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Val Tizeno,G yiI Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager P.O. No. 6663 6.26.18 mI/ht/gt EXHIBIT "A" P.O. No. 6663 6.26.18 mI/ht/gt Section 78-53. Reporting for Duty in Inclement Weather In the event of severe, inclement weather where driving or extremely hazardous conditions exist, the following procedures apply: 1. The City Manager or his designee will determine weather and road hazard conditions based on all available data. 2. During office hours, when driving conditions are then or are projected to be extremely hazardous, the City Manager or his designee may allow employees to be released early from work or may excuse employees from reporting to work when weather conditions are projected to be extremely dangerous. Said employees will receive inclement weather pay Ofor their scheduled hours that they could have attended, but for the severe inclement weather. 3. Employees are encouraged to make every attempt to come to work, and, at a minimum, shall contact their supervisor when road or driving conditions do not permit their attendance. Within the scope of authority as delegated by the City Manager, the supervisor shall be responsible for determining whether the conditions cited by the employee justify the employee's absence. 4. Employees shall not be charged for non-attendance if notification as provided for in subsection (3)of this section has been received and approved. 5. In addition to inclement weather pay, nonexempt essential personnel will also be paid their hourly rate for working in the event of severe inclement weather. 6. Employees on scheduled leave (i.e. injury leave, vacation, sick time, etc.); therefore not available for work, will continue to have their time charged to that leave and will not receive inclement weather pay. 7. City hall will be staffed as necessary during these periods and all essential department heads are expected to be at work. Additionally, all emergency services will be staffed (fire/police). 8. Except as denoted in this subsection, this section does not apply to civil service workers who have a collective bargaining agreement which addresses their pay and benefits. and it does not apply to exempt employees. In the case of a major disaster which is of such severity and magnitude to warrant complete closure of normal City operations, employees will receive, in addition to pay for actual time worked, an emergency declaration by the President under the Robert T. Stafford Relief and Emergency Assistance Act and similar legislation, • - - - . - - -• _ -• _ _ - • . _ - - . - inclement weather pay in an amount not to exceed eight (8) hours per day for the time that they expend acting as emergency service workers during the disaster. P.O. No. 6663 6.26.18 ml/ht/gt 9. Exempt employees who have accrued compensatory time for hours worked over 40 hours per week during the inclement weather, will automatically earn time and a half(overtime) for hours up to 100 hours and any hours over 100 hours will be accrued as compensatory time after 48 hours per week.