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HomeMy WebLinkAboutPO 5293:INCLEMENT WEATHER PAYMEMO To: Mayor, City Council & City Managerx~ From: Mark T. Sokolow, City Attorney / Subject: P. O. No. 5293 - October 15, 2002 Council Meeting Date: October 10, 2002 Attached is P. O. 5293 amending Section 78-53 of the Code of Ordinances as it pertains to pay/benefits for non- exempt essential workers who work during inclement weather. MTS/ts Attachment cc: Harvey Robinson, Director of Human Resources Rebecca Underhill, Director of Finance P.O. No. 5293 10/09/02 ts ORDINANCE NO. AN ORDINANCE AMENDING SECTION 78-53 OF THE CODE OF ORDINANCES AS IT PERTAINS TO pAY/BENEFITS FOR NON-EXEMPT ESSENTIAL WORKERS WHO WORK DURING INCLEMENT WEATHER WHEREAS, the Mayor declared a disaster due to Hurricane Lili on October 1, 2002; and WHEREAS, a voluntary evacuation October 2, 2002; and was called for on WHEREAS, the non-essential employees of the City were notified to not come in and will be paid inclement weather pay, pursuant to Section 78-53 of the Code of Ordinances; and WHEREAS, the Director of Human Resources has indicated that it has been the past practice to give the non-exempt essential employees who stay on the job during inclement weather compensatory time in addition to their wages; and WHEREAS, the City Council of the City of Port Arthur has decided that it is in the best interests of the citizens of the City of Port Arthur to amend Section 78-53 of the Code of Ordinances as to give the City Manager the option of giving the non-exempt essential employees compensatory time or pay equal thereto, in addition to their wages as more fully described 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 Section 78-93 of the Code of Ordinances is hereby amended as delineated in Exhibit ~B". Section 3. That this Ordinance, not requiring publication, shall be effective immediately. Section 4. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, Council of the following vote: Council: ADOPTED AND APPROVED on this __ day of , A.D., 2002, at a Regular Meeting of City of Port Arthur, Texas, by the AYES: Mayor , City the City NOES: OSCAR ORTIZ, MAYOR z.po5293 ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTOI~NEY APPROVED FOR ADMINISTI~ATION.' HARVEY ROBINSON, DIRECTOR OF HUMAN RESOURCES EXHIBIT "A" interoffice MEMOP~NDUM To: From: Date: Subject: Mark T. Sokolow, City Attorney t~..~;z_~ Albert T. Thigpen, Assistant Director of Human Resour October 9, 2002 Payment of Employees Regarding Hurricane Lili Please prepare a document allowing the City Council to ratify the City Manager's actions regarding payment of employees during the Hurricane Lili emergency. ATT/jb EXHIBIT "B" MEMORANDUM TO: All Department Heads From: Stephen B. Fitzgibbons, City Manager DATE: October 05, 2002 RE: Payment of Employees Regarding Hurricane Lili Ref. State of Emergency COMMENT The following shall apply with regard to payment of employees (payroll) during the State of Emergency, evacuation, and return to normal operations related to Hurricane L~ contingent on City Counc33 approval: 1. Employees who were released by their department head and allowed to evacuate on October 02, 2002, following the Mayor's Call for a voluntary evacuation, will be paid their regular rate for that date and October 03, 2002 as if "present" at their assigned duty station. This time should be coded to Inclement Weather (IW or XW) Pay. 2. Employees who were required to remain during the evacuation will be paid for the hours they worked on October 02, 2002 and/or October 03, 2002, AND will be paid an additional sixteen (16) hours. This applies to non-exempt employees only. Employees on any scheduled leave (i.e. injury leave, vaCation, sick, etc.); therefore not available for work, will continue to have their time charged to that leave. Employees who did not return to their assigned duty station on October 04, 2002, following the "all clear" issued by the Mayor on October 03, 2002, will have their time charged to vacation, compensatory, or un-paid leave. Hurricane Lili Employee Pay Memorandum October 05, 2002 Page 2 5. TEMPORARY EMPLOYEES will be paid a minimum of two (2) hours "show up" time for those temporary employees who reported to work on October 02 - October 03, 2002 or actual hours worked - whichever is greater. Employees who were required to remain "on site" or to remain with, or in proximity to, equipment will be paid for the entire time pedod covering their reporting to work on October 02, 2002 until their release from duty on October 03, 2002. This does not apply to employees who were released at some point on October 02, 2002 to return to work at a designated time on October 03, 2002. These employees will be paid in accordance with the City's Personnel Policy and any other applicable provisions of this memorandum. 7. Employees who were scheduled to report to work on October 02, 2002 and/or October 03, 2002, but did not report to work as scheduled will not be eligible for Inclement Weather Pay or other pays provided by this memorandum. 8. Civil Service employees will be treated in accordance with their respective collective bargaining agreements. Items number two (2) and six (6) will require City Council action; however, please prepare payroll anticipating City Council approval thereof. Department heads should carefully review the payroll covering the period .October 02 - October 04, 2002 to ensure employees are paid correctly and time ~s appropriately charged. The foregoing information should be provided to employees. Please advise should you need additional information. EXHIBIT Sec. 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: (i) 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. (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) (5) Employees shall not be charged for non-attendance if notification as provided for in subsection (3) of this section has been received and approved. Non-exempt essential personnel will also receive eight (8) hours per day comPensatory time or monies equivalent thereto for working in the event of severe inclement weather where a voluntary evacuation has been called. (6) 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).