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04-143Council File # _��- ��.� Ordinance # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : 1 An administrative ordinance to amend Saint Paul Administrative Code Chapter 38, Severance 2 Pay, to facilitate title changes. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 38, Severance Pay, of the Saint Paul Administrative Code is hereby amended to read as follows: Sec. 38.03. Certification of credits upon separarion. The director of perserme} the office of human resources shall in accardance with office records compute and determine and certify to the office of financial services the amount of the accumulated and unused sick leave credits of any such city employees, upon their separation from the service. Section 2 Section 38, Severance Pay, of the Saint Paul Administrative Code is hereby amended to read as follows: Sec. 38.05. Records to be kept; computation of credits prior to 1959. Henceforth the head of each department of said city shall compile and maintain in his office public book records completely and accurately reflective of classified civil service and unclassified exempt service employee absence from work therein caused by siclrness, injury or other cause of sick leave absence set forth in Section 35 F 3 of said Civil Service Rules and Regulations, other than absence pertaining to any such elected official and shali make full and accurate written biweekly reports thereon to the director of the office of human resources in respect of classified civil service employees and to th �� office of financial services in respect of unclassified exempt service employees. The head of each such department, in respect of the same and without unnecessary delay, sha11 compute, determine, and certify, in writing, to the director of the office of human resources the amount of accumulated and unused sick leave credits applicable to any such classified civil service employee hereunder, and to the deparhnent of finance and management Green Sheet #�;� � l�R 2 � '�$ 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A1 42 43 44 45 46 47 48 49 50 51 52 services the amount of accumulated and unused sick leave credits applicable to any such (��� tl�� unclassified exempt service employee, as of the 12th day of June, 1959, in each case, upon the bases of the aforesaid hereby attached and credited accumulated sick leave credits and used sick leave credits hereby made chazgeable against and deductible therefrom; provided, that such latter requirement in regard to any such computation, determination and certificarion of accumulated unused credits appiicable to any such classified civil service employee, as of the 12th day of June, 1959, shall not apply to any case where sick leave absences theretofore had been the subject of accurate and complete report by the director of the office of human resources. The head of each such deparhnent hereafter shall cornpile and maintain such public book records so that the same, among other things, at all times, shall accurately and completely reflect the amount of accumulated unused sick leave credits computed and determined on the aforesaid bases hereunder in respect of such classified civil service and unclassified exempt service employees therein. Secrion 3 Section 38, Severance Pay, of the Saint Paul Administrative Code is hereby amended to read as follows: Sec. 38.06. Payment; computation; limitations; other conditions; conversion of sick leave to vacation. Upon sepazation from the employment service of the City of Saint Paul by death or retirement, or after all reinstatement rights have expired foilowing resignation, layoff or leaue of absence, and which separation shall have occurred after the effective date of this ordinance, any classified or unclassified employee of the city, other than an elected city official, or his estate, if deceased, shall be paid, as severance pay, an amount equivalent to one-half day's pay for each full day's accumulated and unused sick leave credit computed, determined and certified as hereinabove provided; provided: (a) That at the time of his afaresaid separation the employee has not less than sixty (60) days of such accumulated and unused sick leave credits; (b) That the rate of payxnent shall be the daily rate that the employee was receiving and entitled to receive as and for wages or salary in his employment on the last day of his work; except that if an employee was customarily employed under more than one title he shall be paid at the rate of the wages or salary for the position under which he was employed the longest during the twelve-month period immediately prior to the date when he last worked. For the puxposes of this section, the daily rate shall be the biweekly rate divided by ten (1�); (c) That no employee or his estate shall be paid severance pay for more than two hundred (200) days' accumulated and unused sick leave credits at the rate of one- half day's pay for each fuil day's credits, nor more than four thousand dollars ($4,OOO.QO). However, if the total severance pay for such two hundred (200) days is less than four thousand dollars ($4,000.00) and the employee has additional accumulated and unused sick leave credits in excess of two hundred (200) days, he or his estate shall be paid for such additional days credits at the rate of one-half day's pay for each full day's credit, but such total severance pay shall not exceed four thousand dollars ($4,�00.00). No more than a single ciaim for severance pay hereunder shall be payable to any such employee or his estate. If any such employee or his estate shall have once received severance pay hereunder, neither 1 said employee nor tus estate thereafter shall become entitled to claim against or Qy— ty3 2 receive from said city hereunder any additional severance pay; provided, that this 3 restzictive provision shall not prejudice any claim of any such employee or that of 4 his estate for the payment of deferred and unpaid installments of any valid sole 5 severance pay allowance. Despite any contrary provision hereof, hereinabove or 6 hereinafter set forth, neither any such employee nor his estate, except in case of 7 sepazation from employment by death, shall be eligible therefor or be entitled to 8 claim any severance pay hereunder unless such employee at the time of his 9 separation from said city's employment shall have served therein for an aggregate 10 period of not less than twenty (20) yeazs, in case of separation from employment 11 by such employee's voluntary action, or for an aggregate period ofnot less than 12 ten (10) yeazs, in case of separation from employment occasioned by expiration of 13 fixed term of employment or retirement at age fifiy-eight (58) or over, or 14 dischazge therefrom by action of said city or other cause beyond such empioyee's 15 reasonable control; and provided further, that no such employee nor his estate 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 shall be entitled to claim or receive payment of any severance pay hereunder in any case where the employee's separation from employment shall result from his discharge therefrom, by action of said city, upon grounds of misconduct of such employee involving moral turpitude, nevertheless in any case where upon presentation of the case to it by the head of the department or other city official concerned charges of such type of misconduct which might otherwise be made against any such employee, in lieu of preferment of the same and discharge on such grounds, said council by resolution may determine that such empioyee shail be granted leave to resign from such employment when said council shall find that pertinent facts and circumstances mitigate the misconduct to such a degree that its action, in the premises, is in the fiutherance of justice. For the purposes of this ordinance the continuity of any such employee's service in the employment of said city shall not be deemed interrupted by his transfer or change of position therein; provided, that he shall receive no service or sick leave credit on account of any period during which he shall occupy an elective office; (d) That for the purposes of this ordinance, the immediate and complete separation from said city's employment of any such classified civil service employee may be effected by his written resignation therefrom and waiver of reinstatement thereto filed with and accepted by the directar of persamie} the office of human resources; and that when any such resignation shall not be accompanied by such waiver of reinstatement, such employee's separation and eligibility, if any, for severance pay hereunder shall be deferred until such waiver of reinstatement shall have been filed or any right therefor under said Civil Service Rules and Regulations shall have expired; (e) If an employee has an accumulation of sick leave credits in excess of one hundred eighty (180) days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. The ma:cimum number of days vacation allowed by the conversion of such leave credits shall be no more than five (5) days in any one year. 1 Section 4 a"1� ``�'3 2 3 That this ordinance revision shali take affect and be in force thiriy (30) days after its passage, 4 approval and publicarion. �..: i = � .. i. '. t � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � (y�{-i�13 DepartmenUOfficelcouncil: Date Initiated; Mo -Ma�s�� ���,� Green Sheet N4: 3010329 CnnWCt Person 8 Phone: Deoartment SerK To Person InitiailDate Reyne Rofuth � 0 a or•s OHice 26G-8710 puj9n 1 or's Of6ce Must Be on Council Agenda by (Datej: Number 2 eC �� For Routing Order ToWI # of Signature P�qes _(Clip All Locations for Signature) Action Requested: Changes to Admiuisharive Ordinance, Chapter 38. Recommendations: Approve (A) or Reject (R): Personal Service ContracGS Must Answer the Following Questions: Pianning Commission 1. Has this person/firtn ever worked under a contract for this deparlmeM? CIB Committee Yes No � Civil Sesvice Commission 2. Has this personlfirm ever been a aly empbyee? Yes No 3. Does this person/fvm possess a skill not narmaUy possessed by any . current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � Administrative Ordinance Code changes to Chapter 38. 5ee attached. AdvantagesifApproved: See above. Disadvanqges If Approved: None. Disadvantages If Not Approved: Changes notxnade. ToWI Amount of Trensaction: � CosURevenue Budgeted: FundingSource: ActivityNumber: ��� � � aa�_sa.�`�'w.. �°.3a.,,.^�C �`^,"'.^�" Financial Information: (Explain) ��� � � �}���