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HomeMy WebLinkAboutORD1401ORDINANCE NO. 1401 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CITY OF APACHE JUNCTION PERSONNEL RULES,RULE 8 ATTENDANCE AND LEAVES,SECTION 12 HOLIDAYS,,AND SECTION 13 BIRTHDAY LEAVE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS,in 2011,as a pilot program,the City implemented a four day ten hour ("4/10") work schedule for employees whereby instead of five eight -hour workdays (Mondays through Fridays),some employees could work four ten-hour workdays Mondays through Thursdays ("M-TH"); and WHEREAS, City of Apache Junction Personnel Rules, Rule 8 Attendance and Leaves,Section 12 Holidays,provides that when observed city holidays fall on a Saturday,the preceding Friday will be considered the holiday,and when the observed city holiday falls on a Sunday,the following Monday is considered the holiday; and WHEREAS,the rule needs to be changed to provide all employees an equal number of holidays; and WHEREAS,under City of Apache Junction Personnel Rules,Rule 8 Attendance and Leaves,Section 12 Holidays, the current number of holiday hours provided to employees annually is 88 hours; and WHEREAS,to alleviate the need for the 4/10 M-TH work schedule employees to supplement time off for ten hour holidays, the rule needs to be changed to 90 total hours of holiday leave annually; and WHEREAS, the rule needs to be changed to provide all employees an equal number of holidays; and WHEREAS,currently,Apache Junction Personnel Rules, Rule 8 Attendance and Leaves,Section 13 Birthday Leave, allows an employee to take 8 hours for birthday leave; and ORDINANCE NO. 1401 PAGE 1 OF 5 WHEREAS,t o b e consistent with the 4-10 M-TH work schedule,and to alleviate the need of employees having to supplement hours for a 10 -hour work day,Section 13 needs to b e changed t o allow for a n employee t o take the equivalent of one regularly scheduled workday to be used as Birthday Leave; and WHEREAS,currently,management practice is to not allow employees to break up the Birthday Leave into smaller units; and WHEREAS,Rule 13 needs to be amended to provide that Birthday Leave can only be taken in one full work day increment. THEREFORE,B E I T ORDAINED B Y THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT: SECTION I IN GENERAL The current version of City of Apache Junction Personnel Rules,Rule 8 Attendance and Leaves,Section 12 Holidays, and Section 13 Birthday Leave,are amended as follows: Section 12.Holidays The City may observe the following holidays: 1."New Year's Day" 2.Third Monday in January,—"Martin Luther King/ Civil Rights Day" 3.Third Monday in February,"President's Day" 4.Last Monday in May,"Memorial Day" 5."Independence Day" 6.First Monday in September, "Labor Day" 7.Second Monday in October, "Columbus Day" 8."Veterans Day" 9."Thanksgiving Day" 10.The Day After Thanksgiving Day 11."Christmas Day" To observe a holiday means to close City Hall and City administrative offices.The observed holiday may or may ORDINANCE NO. 1401 PAGE 2 OF 5 not be a paid holiday. When an observed holiday falls on a Friday or Saturday, the preceding Thursday will be considered the holiday. When an observed holiday falls on a Sunday, the following Monday will be considered the holiday.Public Safety and other employees may be required to be on duty for City observed holidays. Each year, on or before June 19t, the City Manager posts a list of observed holidays and indicates which holidays are eligible for holiday pay. The City allocates 90 holiday hours annually to full time employees, and 55 annually to part time employees (20 hours or more per week); holiday hours in excess of those designated for paid City holidays will be converted to personal leave hours and will be deposited in the employee's personal leave bank. The holiday hours deposited into the personal leave bank shall be approved for use at such time that is mutually agreeable to the employee and the employee's supervisor. Personal leave hours will not be available for use on an unplanned or call -in basis.Personal leave hours not used by June 30th of each year will be forfeited.In addition, all personal leave hours remaining, but not taken prior to the last day of employment with the City, shall be forfeited. For those holidays eligible for holiday pay, the employee must be on pay status their scheduled day before and day after the holiday.This means if an employee is on leave without pay or in any other no pay status, he/she will not be paid for the holiday. Section 13.Birthday Leave Full time employees working 32 or more hours per week are given hours equivalent to one regularly scheduled work day to be used as birthday leave. Full time employees must use birthday leave as a full day absence. Part time employees working between 24 and 31 hours per week are given five (5) hours. Birthday leave hours are granted on July 1st of each fiscal year. ORDINANCE NO. 1401 PAGE 3 OF 5 Prior to taking birthday leave, an employee shall obtain approval from his/her department director. The leave may be taken at a time mutually agreed to between the employee and the department director or his/her designee. Employees are encouraged to use their birthday leave hours within 30 days of their birthday; however, if birthday leave hours are not used by the end of the fiscal year in which they were granted, they will be lost. Birthday leave hours are not carried over. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause o r portion of this ordinance o r any part of the codes o r regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV.DECLARING AN EMERGENCY It being necessary for the peace,health and safety of the City of Apache Junction,Arizona,an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF +PACHE JUNCTWN,ARIZONA,THIS _44-DAY OF /WM/, 20 SIGNE AND ATTESTED,T O THIS 20/4 ORDINANCE NO. 1401 PAGE 4 OF 5 DAY O F KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: .14 RICHARD J. STERN City Attorney ORDINANCE NO. 1401 PAGE 5 OF 5