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MEMORANDUM
TO:
From:
subject:
Date:
Mayor, City Council, City Manager
Mark T. Sokolow City Attorney ~~
P. R. No. 11940; Council Meeting of October 1, 2002
September 27, 2002
Attached is P. R. No. 11940 reconsidering Resolution No.
02-255 as it pertains to requesting Senator David Bernsen,
Representative Joe Deshotel and Representative Allen Ritter,
as well as the Texas Municipal League (TML), to endorse a bill
to amend Sections 143.045 and 143.046 Local Government Code
regarding the accrual of sick leave and vacation leave by
civil service employees.
We added in the language that the Director of Human
Resources has now requested. If you desire to void Resolution
No. 02-255, you can also do that at the meeting. You simply
need to reword Sections 2 and 3 as to state that Resolution
No. 02-255 is rescinded.
MTS/ts
Attachment
cc:
Director of Human Resources
Director of Civil Service Commission
Chief of Police
Fire Chief
Lt. williamson
Detective Bridges
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P. R. No. 11940
09/25/02 - ts
RESOLUTION NO.
A RESOLUTION RECONSIDERING RESOLUTION NO. 02-
255 AS IT PERTAINS TO REQUESTING SENATOR DAVID
BERNSEN AND REPRESENTIVE JOE DESHOTEL AND
REPRESENTATIVE ALLEN RITTER, AS WELL AS THE
TEXAS MUNICIPAL LEAGUE (TML), TO ENDORSE A
BILL TO AMEND SECTIONS 143.045 AND 143.046
LOCAL GOVERNMENT CODE REGARDING THE ACCRUAL OF
SICK LEAVE AND VACATION LEAVE AS IT PERTAINS
TO CIVIL SERVICE EMPLOYEES
WHEREAS, the City Council, on August 20, 2002, adopted
Resolution No. 02-255, as denoted in Exhibit ~A"; and
WHEREAS, the City Council has reconsidered this matter.
NOW THEREFORE, BE IT RESOLVED 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 the City Council believes that Section
143.045 and Section 143.046 should be changed by the state
legislature.
Section 3. That the City Council approves the changes in
Section 143.045 and Section 143.046 Local Government Code, as
requested by the Director of Human Resources and attached hereto as
That the City Secretary shall send a certified
Resolution to Senator David Bernsen, Representative
and Representative Allen Ritter, as well as to the
Texas Municipal League.
Exhibit "B".
Section 4.
copy of this
Joe Deshotel
Section 5.
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this __ day of ,
A.D., 2002, at a Regular Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote: AYES:
Mayor , City Council ,
That a copy of the caption of this Resolution
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
S~V~ F~TZGIBBONS, CITY MANAGER
EXHIBIT "A"
P. R. No. 11894
08/14/02
RESO, IONNO. 02- 56
ARESOLUTION OF THE CITY COUNCIL REQUESTING SENATORDAVID
BERNSEN, REPRESENTATIVE JOSEPH DESHOTEL REPRESENTATIVE
ALLAN RITTER, AND THE TEXAS MUNICIPAL LEAGUE (TML) TO AMEND
SECTIONS 143.045 AND 143.046, RESPECTIVELY, OF THE LOCAL
GOVERNMENT CODE TO PROVIDE THAT EMPLOYEES COVERED UNDER
THESE STATUTES SHALL NOT ACCRUE OR EARN SICK LEAVE OR
VACATION LEAVE FOR ANY MONTH IN WHICH THEY ARE OFF ON
INJURY LEAVE FOR A MAJORITY OF CALENDAR DAYS IN THAT MONTH
WHEREAS, the City Council deems it in the public interest to request our state
representatives and the Texas Municipal League (TML) to endorse the amending Secitions 143.045
and 143.046, respectively, of the Local Government Code to provide that employees covered under
these statutes shall not accrue or earn sick leave or vacation leave for any month in which they are
offon Injury Leave for the majority of days in that month.
NOW THEREFORE, BE IT RESOLVED BY ~ 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 Senator Bemsen, Representative Deshotel, Representative Ritter, and
The Texas Municipal League (TML), are herein requested to endorse a bill
to amend Sections 143.045 and 143.046, respectively, of the Local
Government Code as delineated in Exhibit "A" attached hereto and made part
hereof.
Section 3. That the City Secretary shall send a certified copy of this Resolution to
Senator Bemsen, Representative Deshotel, Representative Ritter, and the
Texas Municipal League.
Section 4.. THAT, a copy of the caption of this Ordinance be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED THIS 20't~ day of ~
A.D.,
2002,
at a ~.~1~ Meeting ofthe City Council ofthe City ofPort Arthur, Texas,~
by the following vote: Ayes: ~j~ Mayor:O~l~'Z)M 0r ] roTo_m lqendor. on½
Councilmembers: H0~n(~lh garkar.
N es: ' ' - J '
ATTEST:
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Stephen l~. F~tzgibb~ns, City Man~ager
Harvey I~?Robi~so~n, Director ofl~uman Resources
Mayor
Exhibit "A'
Subsection (f) to be added to Section 143.045:
"(f) An employee covered by this statute shall not earn or accrue sick leave for any month
~n which the employee is on Injury Leave for a majority of calendar days in that particular
calendar month."
Subsection (d) to be added to Section 143.046:
"(d) An employee covered by this statute shall not earn or accrue vacati~on leave for any
momh in which the employee is on Injury Leave for a majority of calendar days in that
particular calendar month."
EXHIBIT "B"
EXHIBIT ~B~
Subsection (f) to be added to Section 143.045:
"(f) An employee covered by this statute shall not earn or
accrue sick leave for any month in which the employee is off on
Sick Leave or Injury Leave for a majority of working days in that
particular calendar month".
Subsection (d)
"(d) An employee
accrue vacation leave
to be added to Section 143.046:
covered by this statute shall not earn or
for any month in which the employee is off
on Sick Leave or Injury Leave for a majority of working days in
that particular calendar month".
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