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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