229633Orrrinal tot City Cldw:,
i`
PRESENTED BY
ORDINANCE
I / 1 n ^ COUNCIL FILE NO
ORDINANCE NO.
229633
An Ordinance amending Ordinance No. 11490, entitled:
"An ordinance establishing, prescribing, and promulgating
rules and regulations therefor and authorizing and
providing for severance pay measured by but not based
upon accumulated and unused sick leave credits to
become payable and to be paid by the City ofjSaint
Paul to its employees in its Classified Civil Service
and to its employees in its unclassified exempt ser-
vice, except its elected officials; and amending Ordinance
No. 3250,f, of said City, entitled: aAn administrative
ordinance relating to the Civil Service Bureau of the
City of Saint Paul, approving and adopting rules and
regulations therefor,t approved August 20, 1914, as
amended. This is an emergency ordinance rendered
necessary for the preservation of the public peace,
health, and safety. ", approved June -12, 1959, as
amended. This is an emergency ordinance rendered necessary
for the preservation of the public peace, health and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:i
Section 1. That Ordinance No. 114901 approved June 12,
1959, as amended, be and the same hereby is further amended
by deleting therefrom Sectinns 9 and 10 thereof in their
entirety, and inserting a new 6ection 9 to read as follows:
SECTION 9
That upon separation from the employment service of
the City of Saint Paul, by death or retirement, or
after all reinstatement rights have expired following
resignation, layoff, or voluntary retirement at age 65
or older, or leave of absence, and which separation
shall have occurred after the effective date of this
ordinance, any Classified Civil Service or unclassified
exempt service employee, other than an elected City
official, or his estate, if deceased, shall be paid as
severance pay, an amount equivalent to one -half days
pay for each full da -yts accumulated and unused sick
leave credit computed, determined, and certified as
hereinabove provided; provided
(a) that at the time of his aforesaid separation the
employee has not less than sixty days of such
accumulated and unused sick leave credits;
(b) that the rate of payment shall be the daily rate
that the employee was receiving and entitled to
receive as and for wages or salary in his employ-
ment on the last day of his work: Pxnpn t that if
229633
X3313
Page 2 .
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 months?
period immediately prior to the date when he last
worked. For the purposes of this section,,the daily
rate shall be the bi- weekly rate divided by 10;
(c) That no employee or his estate shall be paid severance
pay for more than two huadred days' accumulated and
unused sick leave credits at the rate of one -half
day's pay for each full day's credits, nor more
than $2,500. That no more than a single claim for
severance pay hereunder shall be payable to any
such employee or his estate. That if any such
employee or his estate shall have once received
severance pay hereunder, neither said employee
nor his estate thereafter shall become entitled to
claim against or receive from said City hereunder
any additional severance pay; provided that',this
restrictive provision shall not prejudice any
claim of any such employee or that of his estate
for the payment of deferred and unpaid installments
of any valid sole severance pay allowance. That,
despite any contrary provision hereof, hereinabove
or hereinafter set forth, neither any such employee
nor his estate, exce t in dase of separation from
employment by death h-. --t.: l and- pepFaaneat
3ga ari 4 In o ^ o s cc=l�r zll yr c ui c i v izz�
//shall be eligible therefor or be entitled
to claim atYy severance pay hereunder unless such
employee, at the time of his separation from said
City's employment, shall have served therein for an
aggregate period of not less than 20 years,lin
case of separation from employment by such employee=s
voluntary action or for an aggregate periodlof not
less than 10 years in case of separation from employ-
ment occasioned by expiration of fixed term of
employment or discharge therefrom by action'of
said City or voluntary retirement at age 65 or older,
or other cause beyond such employee's reasonable
control; and provided further that no such
employee nor his estate shall be entitled to
claim or receive payment of any severance pay
"- hereunder in any case where the employee's separa-
tion 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 determinedthat such employee shall be granted
.L:,Evleave to resign from such employment when said Council
shall find that pertinent facts and circumstances
mitigate the misconduct to such a degree that its
� I
229633
Page ,. 13� 13
action, in the premises, is in the furtherance of
justice. That for the purposes of this ordinance
the continuity of any such employeers service in
the employment of said City shall not be; deemed
interrupted by his transfer or change ofiposition
therein, provided that hh shall receive no service
or sick leave credit on account of any period
during which he shall occupy an elective office;
(d) If an employee has an accumulation of sick leave
credits in excess of two hundred days, he may
convert any part of such excess to vacation at
the rate of one -half dayr s vacation for each day
of sick leave credit;
I F
' (e) The maximum number of daysf vmation allowed by
the conversion of sick leave credits shall be
no more than five days in any one year; so that
the maximum vacation time which may be taken in
any one year shall be twenty -five days including
the regular vacation period;
(f) 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 Civil Service Commissioner;
and that when any such resignation shall not be
accompanied by such waiver of reinstatement, such
employee=s separation and eligibility,lif 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.
Further, that the present Section 11 shall be renumbered
as Section 10.
I
original to C� it9 Cle*
Y � � �+- -
"ORDINANCE 229633
COUNCIL FILE NO. �J
PRESENTED BY ORDINANCE NO.
Page 4.
Section 2. This ordinance is hereby declared to be an
emergency ordinance rendered necessary for the preservation
of the public peace, health and safety.
Section 3. This ordinance shall take effect and be in
force from and after its passage, approval and publi-ation.
"�� 1 1196
"Nays Passed by the Council AUG
,.,aigll8h
Holland
Lees In Favor
,-
Meredith
Peterson Against
RoSPn
end Mr. Presi AUG 1 11966
Att st :� Approve .
'W ;
City Clerk or
inz 2
Form approved Corporation Counsel By _ -
j PUBLISHED AU8 13 i��6
A
22 �r
y 6,� ,
This ordinance amends the Severance Pay Plan to
provide that an employee who is permanently disabled
i
because of injury in the line of duty shall be granted
earned severance pay regardless of the length of
service with the City. The ordinance now provides
that he must have at least ten years of service.
It also provides that an employee who .retires when he
is 65 years of age or over but has not yet reached the
compulsory retirement age shall be granted earned
severance pay after he has had ten years of service,
rather than twenty years as the plan now requires.
,4'-Vt� At4',-� '(
Ist , _ _y 2nd ,
I
Laid over to
3rd and app — Adopted
Yeas Nays eas Nays I
\ _arlson -� Carlson
Dal lish `� Dal lish
of and 22963`' �Fiol and
eredith Meredith
Peterson Peterson
Tedesco r Tedesco
Mr. President Byrne Mr. President Byrne