HomeMy WebLinkAbout1999-09-14; City Council; Resolution 99-320‘ I W 0
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RESOLUTION NO. 99-320
CLAFUFICATION OF VACATION ACCRUAL PRACTICE FOR MANAGEMENT
AND GENERAL EMPLOYEES.
I WHEREAS, the City’s current practice does not clearly represent the intention of
the language in Section 3 of the Management Compensation and Benefits Plan (attached
as Exhibit 1) which states that “all management employees shall be permitted to
accumulate up to and including forty (40) days of vacation.. .Former CMWD
management employees shall earn vacation as contained in their Individual Agreement.
This includes the carryover of unused vacation;” and
WHEREAS, the Carlsbad City Employees’ Association and representatives of the
City of Carlsbad met and conferred and reached agreement on a Memorandum of
Understanding (MOU) for the period from January 1, 1999 through December 3 1,1999;
and
WHEREAS, the City’s current practice does not clearly represent the intention of
each party as agreed upon in Article 22.B Vacation Accrual of the CCEA MOU which
states that “All employees shall be entitled to accrue vacation up to a maximum of 240
hours;” and
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WHEREAS, the City’s current practice does not clearly represent the intention of
each party as agreed upon in Attachment B, Section I of the CCEA MOU which states
that former CMWD employees will accrue vacation hours based on their years of service,
and that “Effective January 1 of each year, vacation time in excess of the above-
mentioned hours will be eliminated;” and
WHEREAS, it has been and remains the intention of the City Council that
management employees covered by the Management Compensation and Benefits Plan
and employees represented by the Carlsbad City Employees’ Association (CCEA) stop
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earning and accruing vacation hours once the existing vacation accrual maximum is
reached by an employee.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the City agrees to compensate management and CCEA represented
employees for any accrued vacation hours that are over the existing vacation accrual
maximum, effective October 31, 1999. Compensation will be calculated at an
employee’s current rate of pay.
2. That beginning November 1, 1999, the City will apply the existing cap on the
ability of management and CCEA represented employees to earn and accrue vacation that
is above the stated vacation accrual maximum. Any affected employee whose vacation
balance reaches the vacation accrual maximum will not earn or accrue any additional
hours until hidher balance falls below the maximum.
3. That the aforementioned decision to compensate affected employees for
vacation hours that are over the existing vacation accrual maximum is ratified retroactive
to June 1, 1999.
4. That the City Council hereby amends Section 3, Management Leave, of the
Management Compensation and Benefits Plan to implement these provisions and to
allow management employees to voluntarily convert up to 80 hours of accrued vacation
each December to cash, provided that an employee has used 80 hours of vacation during
that calendar year.
5. That this Resolution only provides an approach for management and CCEA
represented employees at this time; any reference to management employees does not
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include management employees represented by the Carlsbad Police Management
Association (CPMA).
6. That the City Manager is hereby authorized to execute side letter agreements
with the Carlsbad City Employees’ Association (CCEA) to implement these provisions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council, held on this 14th day of September , 1999, by the following vote, to
wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None r*
ABSENT: None
ATTEST:
(SEAL)
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- w EXHIBIT 1
e Vacation
All management employees shall earn vacation on the following basis:
- Beginning with the first (1st) working day through the completion of five
(5) full calendar years of continuous service - 80 hourdyear (3.08 hours
biweekly).
- Beginning the sixth (6th) year of employment through the completion of
ten (10) full calendar years of continuous service - 120 hours/year (4.62
hours biweekly).
- Beginning the eleventh (1 1 th) year of employment through the completion
of eleven (1 1) full calendar years of continuous service - 128 hours/year
(4.92 hours biweekly).
- Beginning the twelfth (12th) year of employment through the completion
of twelve (12) full calendar years of continuous service - 136 hours/year
(5.23 hours biweekly).
Beginning the thirteenth (13th) year of employment through the
completion of thirteen (13) full calendar years of continuous service - 144
hourdyear (5.54 hours biweekly).
- Beginning the fourteenth (14th) year of employment through the
completion of fifteen (1 5) full calendar years of continuous
service - 152 hourdyear (5.84 hours biweekly).
- Beginning the sixteenth (1 6th) year of continuous employment, vacation
time shall be accrued, and remain at a rate of 160 hours for every full
calendar year of continuous employment thereafter (6.15 hours biweekly).
Management employees with comparable service in local government agencies
may be granted credit for such service for the purpose of computing vacation at
the discretion of the City Manager. All management employees shall be
permitted to earn and accrue up to and including three hundred and twenty (320)
hours of vacation, and no employee will be allowed to earn and accrue vacation
hours in excess of the three hundred and twenty (320) hour maximum.* The City
Manager shall be responsible for the granting of vacation to all management
personnel, except in the case of the City Attorney’s Office, where the City
Attorney shall be responsible for granting vacation.
Former CMWD management employees shall earn and accrue vacation up to and
including the maximum as contained in their Individual Agreement.
* If there are unusual circumstances that would require an employee to exceed the vacation
accrual maximum, he/she must submit a request in writing to the Department Head and the
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City Manager. The Department Head and the City Manager may grant such a request if it is in
the best interest of the City. Requests will be handled on a case-by-case basis and will be
considered only in extreme circumstances.
Vacation Conversion
Each December, management employees (with the exception of Police
Lieutenants and Police Captains) will be allowed to voluntarily convert up to 80
hours of accrued vacation to cash, provided that they have used 80 hours of
vacation during the calendar year,