city of tacoma
File #: ORD-27753    Version: 1 Name: Amend Ch 1.12 Tacoma Muni Code
Type: Ordinance Status: Passed
File created: 11/18/2008 In control: City Council
On agenda: 11/18/2008 Final action: 11/18/2008
Title: Ordinance No. 27753
Attachments: 1. ORD-27753
Related files: RES39935
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.
Req. # 12028 O"INANCE NO. 2 7 7 5 3 AN ORDINANCE relating to pay and compensation; implementing a change in how employees are compensated when off work for an extended period 2 due to an injury on the job; and amending Sections 1. 1 2.090, 1.12.230, and 1.12.248 of the Tacoma Municipal Code. 3 4 WHEREAS, under Section 1.12.090 of the Tacoma Municipal 5 Code ("TIVIC"), eligible employees who are injured on the job are paid a 6 supplement amount for 120 working days, which, when combined with Workers' 7 Compensation time loss payments, equals 85 percent of the employee's normal 8 wage,and 9 WHEREAS the TIVIC provides that after the first 120 working days, the 10 employee must use accrued sick or Personal Time Off ("PTO") leave to I I 1 2 continue this supplement, at a rate of four hours for each additional day the 1 3 employee is absent, regardless of the amount of the supplement received, and 14 WHEREAS the proposed amendment to the TIVIC will allow employees to 1 5 choose whether or not to continue this wage supplement and will change the 16 method used to determine the number of hours of sick leave or PTO used so that 1 7 the hours used will be based on the monthly amount of supplement received 18 19 divided by the employee's hourly wage, and 20 WHEREAS, on October 15, 2008, the Government Performance and 21 Finance Committee recommended a "do pass" of the proposed amendment; Now, 22 Therefore, 23 24 25 26 ord12028.doc-CAC/1ad 145 LEG 004 (11/89) BE IT ORDAINED BY THE CITY OF TACOMA: Section 1. That Sections 1. 1 2.090, 1.12.230, and 1. 1 2.248 of the Tacoma 2 3 Municipal Code be amended, as set forth in the attached Exhibit "A." 4 NOV 1 8 2008 Passed 5 6 ayor 7 8 Attest: 9 10 City Clerk I 1 12 Approved as to form: 1 3 C&164-ld 65V7@ 14 Assistanitity Attorney 1 5 1 6 1 7 18 19 20 21 22 23 24 25 26 '14 6 -2- ord12028.doc-CAC/1ad LEG 004 (11/89) EXHIBIT "AY9 2 1.12.090 On-the-job injury. 3 With the exception of employees in the Police and Fire Service hired prior to October 1, 1977, the Belt Line Railway employees, emergency employees, and temporary employees, an employee who is otherwise 4 eligible for sick leave araeumulations or Personal Off Time ("PTO") accruals and is injured on the job shall be paid to the extent of 120 working days for each new and separate injury, in addition to, and prior 5 to, the use of sick leave or PTO accumulations, except as provided hereafter in this section. A. The employee's eligibility for payment and the extent thereof will be based on the determination of the 6 State Industrial Insurance Division of the State Workers' Compensation Act. Such employee shall be paid an amount by the City which when combined with the payment received as determined by the State 7 Industrial Insurance Division will equal 85 percent of his or her normal wage. For the purpose of this section, normal pay shall be that rate of the classification in which heor /she was working in on the date 8 of injury. B. Such payment shall be made to the extent of sucliperiod of 120 working day@-period and for as long 9 thereafter as such employee's sick leave orpTopefsonal-@ffaccruals provide according to the following schedule: 10 1. Charges shall be made against sick leave or PT ersenal time off accruals, if any, for the date of injury @_ Pr- I I and for the three-day waiting period as defined in the State Workers' Compensation Act. If injury time loss exceeds 14 calendar days, then sick leave used during the three-day waiting period shall be returned 1 2 and compensation computed at the 85 percent level as provided above. 2. After the payment and use of 120 working days, ehar-ges shall be made against sick leave or- personal 1 3 time off aerruals, if any, at the rate of one half pe r-d" sick leave and/or PTO on a prorated basis for any further time loss due to the injury. Compensation shall 1 4 continue at the 85 percent level as provided above. 1 5 Accumulated sick leave and/or PTO used for this pu!pose shall be based on the calculated supplement dollar amount converted to actual hours by dividingthe supplement dollar amount by the employee's 1 6 normal hourly wage. The converted actual hours will be deducted fromthe emplgyee's accumulated sick leave and/or PTO accumulations. 1 7 3. In the event an employee becomes disabled prior to completing 30working days' employment with the City, a maximum of 30 working days' City supplementation as defined above, shall be allowed. 1 8 4. Charges may be made against sick leave orPT er-sonal time off leave accruals, if any, in any case where the City-of-Taeoma is contesting that the injury occurred on the job. In the event the State 1 9 determines in favor of the employee, sick leave orPTOperson4-@ff so charged shall be recredited to the employee's sick leave or pTopersoR4-@ff accrual balance and all payments in excess of the 20 difference between 85 percent of the regular normal pay and that amount received as deten-nined by the State Industrial Insurance Division, shall be recoverable by the City or deducted from future payments due 2 1 the employee from the City. The City shall Tek to recover any and all provisional time loss payments due to the City when a claim filed after June 11, 1986, is rejected pursuant to the laws of the State of 22 Washington and the ordinances of the City-a@@. 23 5. In the event eligibility for paymentis denied by the State, the employee shall be eligible to utilize sick leave or RlOpersona@@ffaccruals, if any, retroactive to the date of injury, subject to the provisions 24 of Section 1.12.230, Sick Allowance with Pay. 6. Upon making such payments as are provided for in this section, the City of Taraoma shall be subrogated 25 to all rights of the employee against any third party who may be held liable for the employee's injuries to 26 the extent necessary to recover the amount of payments made hereunder; pr)vided, that where actual ord12028.doc-CAC/1ad LEG 004 (11/89) recovery is made against a third party hereunder, sick leave andPTO Wsefial time off charged against the Pt I employee's accruals shall be recredited to the extent such funds reflect recovery for payments attributable to compensated sick leave or PTO er-sonal time W. K -1UP 2 7. All provisions hereof shall be deemed applicable to the Health Pooling Fund and Health Department Compensation Plans when the same are applicable to Health Department Employees. 3 In order to limit the obligation of the City for each new and separate injury, the City may require the 4 employee to furnish medical proof or submit to a medical examination by the City at its expense to determine where a subsequent injury is a new and separate injury or an aggravation of a fortne injury 5 received while in the service of the City. 6 1.12.230 Sick allowance with pay. A. Eligibility for Sick Leave. The following provisions, unless otherwise specified, apply to all regular, 7 probationary, project, temporary pending exam, or appointive full-time employees except those employees of the Tacoma Municipal Belt Line Railway set forth in Section 1. 12.231 and members of the 8 Police and Fire Departments covered by RCW 41.26 (LEOFF I Pension System) set forth in Section 1. 12.232. 9 1. Accrual. Regular, probationary, project, temporary pending exam, or appointive fuRtime employees shall accrue sick leave at the rate of 3.69 hours for each 80 hours in which he or she is in paid status. I 0 Eligible employees who are on leave of absence for active City training or for inductive purposes shall accrue sick leave. I I a. Sick leave earned shall be credited to an employee's accruals after the completion of each biweekly 1 2 pay period and may not be used in the pay period earned. b. For purposes of this section, eligible permanent employees of the Municipal Belt Line Railway 1 3 assigned to the Extra Board will be considered as ftill-time employees. 1 4 2. Permissible Use of Paid Sick Leave. a. Sick leave may be taken in tenths (0. I 0) of an hour increments. 1 5 b. Injury or illness of employee to such extent as to constitute a hazard to the safety or health of himself 1 6 or herself or other employees. c. Medical or dental care for the employee. Supervisors should attempt to accommodate appointments 1 7 for care. Employees should attempt to schedule such appointments to minimize disruption to work. 1 8 d. Quarantine of employee due to exposure to a contagious disease. e. On-the-job injuries during the first three days if not eligible for Workee-s' Compensation and as a 1 9 supplement to Workerls' Compensation a4 the rate of one half day of la), absenee-after the 120-day supplementary on-the-job injury benefits provided under Section 1. 12.090. 20 f. Death of a spouse, father, mother, foster parent, brother, sister, child, f)ster child, grandparents, or grandchildren of employee or relatives of the spouse of the employee in the same categories of 2 1 relationship subject to the requirements of subsection B.5. hereinafter set forth. 22 g. Employees working shifts other than the regdar Monday through Friday workweek shall be paid holiday pay plus paid sick leave when scheduled to work on a holiday and they are unable to work due to 23 illness or injury. Such employees, when not scheduled to work on a holiday, shall not be entitled to ptid sick leave therefor. 24 h. Pre-induction physical for service in the Armed Forces. 25 i. Illness or disability due to pregnancy or conditions related thereto. 26 -4- ord12028.doc-CAC/1ad LEG 004 (11/89) j. Pursuant to RCW 49.12.270, effective January 1, 2003, sick leave may be used to care for: (a) a child 1 of the employee with a health condition that requires treatment or supervision; or (b)a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency 2 condition, both (a) and (b) are subject to the requirements of subsection B.3 hereinafter set forth. For purposes of this section, the following definitions apply: 3 (1) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is: (a) Under 18 years of age; or (b) 18 years of age or older and incapable 4 of self-care because of a mental or physical disability. 5 (2) "Grandparent" means a parent of a parent of an employee. (3) "Parent" means a biological parent of an employee or an individual who stood in loco parentis to an 6 employee when the employee was a child. 7 (4) "Parent-in-law" means a parent of the spouse of an employee. (5) "Spouse" means a husband or wife, as the case may be. 8 B. Requirements for All Paid Sick Leave. 9 1. Every employee must report to the designated representative of his or her department head the reason for an absence prior to the beginning of his or her scheduled workday or such earlier time as required by 1 0 his or her department or division head. 1 1 2. An employee must keep his or her department head informed of his or her condition if an absence is of more than four working days in duration. 1 2 3. For each absence an employee may be required to submit an explanation of the reason for such absence. A statement by the attending physician attesting to the nature and seriousness of said injury or 1 3 illness shall be required if requested by the department head. 1 4 4. Employee must permit home visits or medical examinations at the expense and convenience of the City. 1 5 5.a. Upon approval by the department head, a maximum of four days' sick leave may be granted for the death of spouse, father, mother, foster parent, brother, sister, child, or foster child of the employee. 1 6 b. For the purpose of attending the funeral, upon approval by the department head, a maximum of one day's sick leave may be granted for the death of grandparent, grandchild, sonin-law, daughter-in-law, 1 7 brother-in-law, or sister-in-law of the employee or the death of a father, mother, foster parent,brother, brother-in-law, sister, sister-in-law, child, foster child, grandparent, or grandchild of the spouse of the 1 8 employee. 1 9 6. An employee shall be paid for sick leave at the rate he or she was receiving the day before the sick leave was taken. 20 7. Employees shall accrue sick leave according to the provisions of this section; provided, however, that any employee who leaves the City service during the first six months of employment shall not be 2 1 compensated for any accrued sick leave. 22 C. Enforcement of Sick Leave Provisions. 1. Misrepresentation of any material facts in connection with paid sick leave by any employee shall 23 constitute grounds for suspension or discharge. 24 2. It shall be the responsibility of the department head or his or her designated representative to: a. Review all applications for sick leave and approve those which are bona fide and comply with the 25 provisions of this section. Employees still absent at the end of a pay period may be certified for payment of sick leave by the departmert head by his or her signing the payroll timecards, subject to department 26 head's approval for sick leave pay immediately upon the employee's return to work. ord12028.doc-CAC/lad 4 LEG 004 (11/89) b. Investigate any suspected abuse of sick leave. I c. Withhold approval of sick leave pay in the event of unauthorized use. 2 d. Initiate disciplinary action if, as a result of investigation, it is deten-nined that an employee has been guilty of willful misrepresentation in a request for sick leave pay. 3 D. Incentive Payments for Nomise of Sick Leave Accruals. 4 1. An employee separated from the City service due to death or retirement for disability or length of service with attendant pension payments under any City employee pension system who does not qualify 5 for a VEBA deposit under TMC Section 1. 12.229 shall be compensated at a rate for the classification in which he or she was working on the date of separation to the extent of 25percent of his or her sick leave 6 accruals. 2. A regular, project, temporary pending exam, or appointive employee separated ii good standing from 7 the City service for any other reason than death or retirement due to disability or length of service with attendant pension payments under any City employee pension system pursuant to Sectionl. 12.229 who 8 has a minimum of IO days accrual shall be compensated at a rate for the classification in which he or she was working on the date of separation to the extent of IO percent of his or her sick leave accruals up to a 9 maximum accrual of 120 days. An employee separated from the City servbe due to layoff may, upon reemployment from the eligible list or departmental reemployment list upon which placed as provided in I 0 Section 1.24.900, have his or her sick leave accrual restored upon repayment to the City of the lOpercent payment as herein provided. If appointed from other employment lists within the two-year period of eligibility, such repayment may also apply. E. Authorization - Police and Fire Disability Payments. Certification for payment for absences due to 1 2 injury or illness covered by the State of Washington Police or Fire Pension Acts shall not be made by the Human Resources Director until authorization is received from the appropriate Pension Board. 1 3 1.12.248 Personal Time Off plan. 1 4 A. Rate of accrual of Personal Time Off. 1 5 1. Effective at the beginning of the first pay period starting in June 1998, each unrepresented regular, probationary, project, temporary pending exam, or appointive full-time employee hired after June 1, 1998, 1 6 represented employees as provided for in a collective bargaining agreement, and unrepresented employees who elect to transfer from their present vacation and sick leave plans to the Personal Time Off("PTO") 1 7 plan during a designated enrolh-nent period shall accrue Persona-l-Time-Off hours for each biweekly pay period in which he or she has been in paid status, pursuant to the following schedule based on aggregate 1 8 City service. The PeFsena]-Tiffie-Off plan is in lieu of vacation and sick leave plans. 4 9 20 2 1 22 23 24 25 26 ord12028.doc-CAC/1ad LEG 004 (11/89) Completed Years of Aggregate Service No. of 8-Hour Days Hours per Pay Period' I per Year Completion of years 0, 1, 2, 3 1 8 5.54 2 Completion of years 4, 5, 6, 7 2 1 6.46 Completion of years 8, 9, 1 0, 11, 12, 13 23 7.08 3 Completion of years 14, 15,16,17,18 26 8.00 Completion 19 years 27 8.31 4 Completion of 20 years 28 8.62 Completion of 21 years 29 8.92 5 Completion of 22 years 30 9.23 Completion of 23 years 3 1 9.54 6 Completion of 24 years 32 9.85 Completion of 25 years 33 10.15 Completion of 26 years 34 10.46 7 Completion of 27 years 35 10.77 8 Completion of 28 years or more 36 11.08 2. Employees shall accrue Personal-Time-Off prorated on the number of hours in paid status in each pay 9 period. The appropriate biweekly accrual shall be credited for each biweekly pay period in which the employee is in paid status, Personal-Time-Off accruals based on tenure shall be credited at the first of the I 0 calendar year in which any of the above periods of aggregate servicd will be completed. The applicable accrual rate shall be determined as of January I of each calendar year and shall be based on the rate 1 1 applicable to the number of years of aggregate service the employee will complete within that calendar year. For example, on January 1, an employee who will complete four years of aggregate service with the 1 2 City within that calendar year will begin to accrue Personal Time Off at a rate of 6.46hours per pay period. 1 3 3. No employee shall earn more Personal-Time-Off in any one calendar year than the above stipulated days and new employees shall accrue Personal-Time-Off based on the above schedule beginning from the 1 4 date of his or her appointment; provided, however, that an incoming City Manager may be credited with such Personal-Time-Off as the City Council may direct. 1 5 4. Person4-Time-Off earned shall be credited to an employee's accruals after the completion of each 1 6 biweekly pay period and may not be used in the pay period earned, B. Permissible use of Personal-Time-Off accruals. 1 7 1. Use of Pef&enal-Time-Off. PTOer-sonal time off shall be taken in full hourly increments. 1 8 2. Planned Use of PeFseffal-Time-Off, Personal Time-Off requests may be required in writing and the appointing authority, or his or her designee, shall consider the request and shall approve or deny it. 1 9 3. Unplanned Use of Persopd-Time-Off. 20 a. Personal Time-Off may be used without prior approval for employee or family emergencies. If an advance written request is not possible, the employee shall notify his or her supervisor of the need for and 2 4 the request of the time off prior to the beginning of hisor her shift. An employee must keep his or her department head inforined of his or her condition if unplanned use of Rwsoffa-I-Time-Off is of more than 22 four working days in duration. Unplanned use of fefsonal-Time-Off which interferes with job performance or City operations may subject the employee to corrective action. 23 b. Unplanned PeFse*al-Time-Off may be used for on-the-job injuries during the first three days if not 24 eligible for Workers' Compensation and as a supplement to Aler*ers' Compensation at the Fate of one- 25 1 The Per Pay Period figure is based on a biweekly payroll schedule. 26 2 See 1. 12.075 for the definition of "aggregate service." -7- ord12028.doc-CAC/1ad LEG 004 (11/89) half ay of Penenal Time Iff per- day absence after the 120-day supplementary or@-the-job injury benefits I provided in Section 1. 12.090 of the Tacoma Municipal Code. 4. Pursuant to RCW 49.12.270, effective January 1, 2003, an employee is allowed to use any or all of the 2 employee's choice of sick leave or Person4-Time-Off to care for: (a) a child of the employee with a health condition that requires treatment or supervision; or (b) a spouse, parent, parent-in-law, or 3 grandparent of the employee who has a serious health condition or an emergency condition. For purposes of this section, the following definitions apply: 4 (a) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person 5 standing in loco parentis who is: (a) Under 18 years of age; or (b) 18 years of age or older and incapable of self-care because of a mental or physical disability. 6 (b) "Grandparent" means a parent of a parent of an employee. 7 (c) "Parent" means a biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. 8 (d) "Parent-in-law" means a parent of the spouse of an employee. 9 (e) "Spouse" means a husband or wife, as the case may be. 5. Permissible Cash-out of Accrued Persep,4-Time-Off. 1 0 a. An employee who uses no more than the equivalent of two work days (regardless of length of scheduled shift) of unplanned Persenal-Time-Off in any one calendar year (January to December), but who has used less than 80 hours of planned Personal-Time-Off during the same calendar year, may, in January of the following year, submit in writing, on the form provided by and available in the Human 1 2 Resources Department, a request for a payment equal to 90 percent of the cash value of up to 40 hours of accrued Pefsenal-Time-Off. 1 3 b. An employee who uses no more than the equivalent of two work days (regardless of length of 1 4 scheduled shift) of unplanned NT@Tiffte-Off in any one calendar year (January to December) and who uses at least 80 hours of planned Pefsoa4-Time-Off during the same calendar year may, in January of the 1 5 following year, submit in writing, on the forrn provided by and available in the Human Resources Department, a request for a payment equal to 90 percent of the cash value of up to 80 hours of accrued 1 6 Personal Time-Off. c. Foranyrequestsubmittedpursuanttosubsectionsaorbabove,thecashvalueofthePersonal-Time- 17 Off shall be based on the rate for the classification in which the employee is working at the time the request is made. The IO percent balance of the cash value not so paid under subsection a or b set forth 1 8 above shall be paid into the Employee Benefit Trust Fund. 1 9 6. An employee shall be paid for Personal-Time-Off leave at the rate of pay he or she was receiving tlr day before the Persomd-Time-Off leave is taken. 20 C. Maximum accrual of Pers-ot@Time-Off. 2 1 1. Each employee may accrue a maximum of 960hours of Persona-l-Tiffie-Off. 22 2. If the appointing authority, or his or her designee, denies an employee's request forPersonal Time-Off and the denial would result in the employee's accrual exceeding the maximum allowed, the employee shall 23 not lose the accrual at that time. The employee shall have up to 90 days to use the excess accrual. D. Compensation upon separation from City service. 24 1. Upon separation from City service, the City shall pay an employee the full amount of the W-sonal 25 Time-Off accruals up to the maximum of 960 hours at the rate for the classification in which he or she was working in on the date of separation. 26 -r 171 ord12028.doc-CAC/1ad LEG 004 (11/89) 2. Upon the death of an employee, the City shall pay the appropriate beneficiary the full amount of the Personal Tin+e-Off accruals up to the maximum of 960 hours at the rate for the classification in which he or she was working in on the date of death. 2 Employees converting to the Persona-1-Time-Off plan who currently have vacation accruals will have those accruals converted to Personal-Tifa-e-Off on an hour for hour basis (1: 1). 3 E. Conversion of sick leave accruals. Employees converting to the PeFseffa4-Tinw-Off plan who currently 4 have sick leave accruals must specify one of the following options: (I)placing accruals in a sick leave bank; (2) converting accruals to Pefseaa4-Time-Off, or (3) a combination thereof, as set forth below. 5 1. Sick Leave Bank. 6 a. Accrued sick leave as of the last pay period, after a designated enrollment period, may be placed into a sick leave bank. 7 b. Use of Sick Leave Bank. An employee may choose to use sick leave from this bank for any reason specified in Sections 1. 12.230 and 1. 12.232 of the Tacoma Municipal Code, after an absence of more than 8 three consecutive days. 9 c. Depletion of Sick Leave Bank. Employees do not accrue any additional sick leave after the conversion to the Personal Time-Off plan. Once the sick leave is used from the sick leave bank, the leave used shall I 0 not be replenished. d. Cash Out of Sick Leave Bank. I I (i) Separation from City service due to death or retirement for disability or retirement based on length of service shall be compensated to the extent of 25 percent of an employee's sick leave accrual in his or her 1 2 sick leave bank at the rate for the classification in which he or she was working in at the date of separation 1 3 subject to the provisions of Section 1. 12.229 of the Tacoma Municipal Code (VEBA). (ii) Separation in good standing from City Service for any other reason shall be compensated to the extent 1 4 of 10 percent of an employee's sick leave accruals up to a maximum of 120days at the rate for the classification in which he or she was working in at the date of separation. 1 5 2. Conversion of Sick Leave to Pefsea4-Time-Off. An employee who converts to PeFsona-I-Time-Off during a designated enrollment period may elect to convert sick leave accruals as of the last pay period 1 6 after a designated enrollment period to Pefsoff4-Time-Off using a ratio of 24 hours of sick leave to 8 hours of Pefseaal-Time-Off (3: 1) up to a combined (current vacation accruals and converted sick leave) 1 7 maximum of 720 hours of Persenal--Time-Off. 1 8 3. Combination. An employee may elect to convert some, but not all, of his or her sick leave to Rwsonal- T4ne-Off. Any sick leave not specifically converted during a designated enrollment period will be placed 1 9 in a sick leave bank as set forth above. 20 2 1 22 23 24 25 26 ord12028.doc-CAC/Iad LEG 004 (11/89) CITY CLERK USE ONLY rally P7:-.A "QUEST FOR RECEIVEfocluestm 1202c6' bcom 0 ORDINANCE E-1 RESOLUTh%C Ord./Res. 27753 T 20 PH 4: 48 1. DATE: October 20, 2008 LI' I 0 CITY CLERFA Q 2. SPONSORED BY COUNCIL MEMBER(S): N/A (if no sponsor, enter "N/A") %if- r- ROE 3a. REQUESTING 4a. CONTACT (for questions): PHONE: DEPARTMENT/DIVISION/PROGRAM Karen Short 591-5424 Human Resources Department 4b. Person Presenting: PHONE: 3b. DO PASS FRomGPFC Debbie Dahlstrom 591-5443 Yes 10/1 5/08 MEETING No 4c. ATTORNEY PHONE: EJ Did not go before a Committee Cheryl Comer 591-5074 X"4o@@ N/A Dfiv&or/Utility DivisionIBudget Officer/Finance Director Cieer%Q r U MLies 5@A 4UESTED EFFECTIVE DATE: November 4, 2008 (If a specific council meeting date is required, explain why; i.e., grant application deadline, contract expiration date, required contract execution date, public notice or hearing required, etc.) 6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda. Amending Chapter 1.12 of the Tacoma Municipal Code to implement a change in how employees are compensated when off work for an extended period due to an injury on the job. 7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal requirements? What are the viable alternatives? Who has been involved in the process?) Per Tacoma Municipal Code Section 1. 1 2.090, the City provides eligible employees inj ured on the job with a supplement amount for the first 120 working days when combined with worker's compensation time loss payments will equal 85 percent of the employees' normal wage. After 120 working days, the employee must use accrued sick or Personal Time Off leave to continue this supplement at a rate of 4 hours for each additional day the employee is absent, regardless of the amount of the supplement received. This proposed change to the Tacoma Municipal Code will allow employees a choice to continue or not continue this wage supplement. It also changes the method used to determine the number of hours of sick leave or PTO that are reduced to continue the supplemental payment, to an amount based on the monthly amount of supplement received divided by the employee's hourly wage. The Government Performance and Finance Committee recommended a "do pass" of the proposed changes on October 15, 2008. 8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED: Source Documents/Backup Material Location of Document Draft GPFC minutes of 10/15/2008 City Clerk's Office Handouts from GPFC meeting 10/15/2008; City Clerk's Office 9. FINANCIAL IMPACT: Expenditures are the responsibility of each department for their respective employees. A. N No IMPACT (NO FISCAL NOTE) B. F] YES, OVER $ 1 00,000, Fiscal Note Attached C. R YES, UNDER $ 1 00,000, (NO FISCAL NOTE) Provide funding source information below: FUNDING SOURCE: (Enter amount of funding from each source) Fund Number & Name: State $ city $ Other $ Total Amount If an expenditure, is it budgeted? Yes R No Where? Cost Center: Acet 154 \gensvcs\offsys\web page documents\ RequestResolutionOrdinance.doc Office of the City Clerk (05107) 27753 Tacoma TO: Eric Anderson &-,@c) City Manager FROM: Joy M. St. Germain, Human Resou" D' ctor '>V. >14(-. NVC,4@ @ ire Debbie Dahlstrom, Risk Manag 7?@2 doo-Y SUBJECT: Ordinance Disclosure DATE: October 27, 2008 On the agenda for City Council action on November 4, 2008, will be an ordinance to amend the Compensation Plan. This memorandum discloses the contents of that ordinance pursuant to Section 1.12.970 of the Tacoma Municipal Code. The Ordinance amends the following sections: Section 1. 1 2.090 On-the-job-injury Section 1.12.230 Sick allowance with pay Section 1.12.248 Personal Time Off plan The ordinance language changes have been discussed with and have a "do-pass" recommendation of the Government, Performance and Finance Committee. The changes modify how employees may be compensated when off work for an extended period due to an injury on the job. The changes will provide the employee an option to either continue or not continue the supplement after the first 120 working days; and reduce the amount of the employee's sick leave or Personal Time Off accruals taken when the supplemental payment is continued after the first 120 working days. Previously, a reduction of one half day of leave for each full day of absence was taken. The new method will be based on the amount of the supplement paid divided by the employee's hourly wage to determine the number of leave hours to reduce. I would be happy to answer any questions you may have. 55 Ordinance No. 27753 NOV 4 2008 First Reading of Ordinance: Final Reading of Ordinance: NOV I 8 2ou Passed: NOV I 8 2008 Roll Call Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Ms. Anderson Mr. Fey Ms. Ladenburg Mr. Lonergan Mr. Manthou Ms. Strickland Mr. Talbert Ms. Walker Mayor Baarsma MEMBERS AYES NAYS ABSTAIN ABSENT Ms. Anderson Mr. Fey Ms. Ladenburg Mr. Lonergan Mr. Manthou Ms. Strickland Mr. Talbert Ms. Walker Mayor Baarsma i-, V-ityclklcityclkLformslord-roll. doc