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
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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
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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
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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
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3 That this ordinance revision shali take affect and be in force thiriy (30) days after its passage,
4 approval and publicarion.
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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: ��� � �
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Financial Information:
(Explain) ��� � � �}���