205 of 1978 - Amending Chapter 8 specifying vacation and termination benefits agreed upon under collective bargain ROLL CALL
VOTING Salt Lake City,Utah, December 28 ,19 78
Mr.Chairman ®■
A raz ®- I move that the Ordinance be'kissed.
9
Gro, MI= //// // /K2
..Campbell
Phillips
Result ■■ AN ORDINANCE
AN ORDINANCE AMENDING Chapter 8, Title 25 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to vacation and termination
benefits for Salt Lake City Corporation officers and employees.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Chapter 8, Title 25 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to vacation and termination
benefits for Salt Lake City Corporation officers and employees, be,
and the same hereby is amended as follows:
Chapter 8
VACATIONS AND TERMINATION BENEFITS
Sections:
25-8-1. Eligibility for vacation benefits.
25-8-2. Vacations for first nine years of employment.
25-8-3. Vacation after ninth year of consecutive employment.
25-8-4. Vacation after fourteenth year of consecutive employment.
25-8-5. Rules for taking vacations.
25-8-6. Benefits upon termination.
25-8-7. Cash payment of earned vacation time in lieu of use.
Sec. 25-8-1. Eligibility for vacation benefits. Full-time,
permanent employees shall be entitled to receive their regular
salaries during vacation periods earned and taken in accordance.
with the provisions of this Chapter. Part-time and seasonal
employees shall not be entitled to any vacation or termination
benefits.
Sec. 25-8-2. Vacations for first nine years of employment.
Every full-time, permanent officer or employee shall earn a vaca-
tion equal to one working day for each full month of employment
from the date of employment but not to exceed ten (10) working
days during any calendar year; provided, that no person shall be
entitled to any vacation unless such person has completed six
months of full-time employment with the City. Employees of
the Fire Department regularly assigned to duty in the combat
division shall earn a vacation equal to one duty shift off for
each two months worked from the date of employment, but not to
exceed five on-duty shifts during any calendar year; provided,
that no Fire Department employee shall be entitled to vacation,
unless the employee has completed a six-month equivalent of full-
time employment with the Fire Department.
Sec. 25-8-3. Vacation after ninth year of consecutive employ-
ment. Every officer or employee who has completed nine (9) con-
-2-
secutive full years of employment with the City shall earn
a vacation equal to one and one-half (1-1/2) working days for
each full month of employment from the last anniversary date
of employment, but not to exceed fifteen (15) working days during
any calendar year, except employees of the combat division of
the Fire Department shall earn a vacation equal to one and one-
half (1-1/2) duty shifts off for each two months worked from the
last anniversary date of employment but not to exceed seven
and one-half (7-1/2) on-duty shifts during any calendar year.
For the purpose of this chapter, the term "date of employment"
shall mean the beginning date of employment when one was hired
by the City on a monthly salary basis. The term "consecutive
employment" shall mean employment from the date of employment
to the date the employee qualified for benefits under this section
without any break in service through termination, suspension,
discharge or layoff.
Sec. 25-8-4. Vacation after fourteenth year of consecutive
employment. Every officer or employee who has completed fourteen
(14) consecutive full years of employment with the City; shall
earn a vacation equal to two (2) working days for each full
month of employment from the last anniversary date of employ-
ment, but not to exceed twenty (20) working days during any
calendar year, except employees of the combat division of the
Fire Department shall earn a vacation equal to one duty shift off
for each month worked from the last anniversary date of employment,
but not to exceed ten on-duty shifts during any calendar year.
Sec. 25-8-5. Rules for taking vacations.
1. All vacations are to be taken as directed by the head of
each department at such time as it would be most advantageous
to the efficient operations of that department. However, in the
assignment of vacation periods:
(a) The employees with the most seniority shall be given
first consideration for requested vacation periods; and
(b) Vacation periods may be divided into two or more
separate periods as are deemed necessary by the department
head or as requested by the employee and approved by the
department head.
2. Officers and employees may accumulate vacation (including
both earned vacation and sick leave conversion time) , according
to the length of their full-time consecutive years of employment
with the City up to the following maximum limits:
(a) After 6 months --- up to 20 days;
(b) After 9 years --- up to 25 days;
(c) After 14 years --- up to 30 days.
The foregoing notwithstanding, no employee in the Fire Unit shall
be entitled to the vacation benefits provided by this Chapter
unless and until such employee completes the calendar year in
which the vacation was earned in the employment of Salt Lake
City. All earned vacations shall be taken by Fire Unit employees
during the calendar year following the years earned. Any vacation
earned or accrued beyond or contrary to the maximums and limita-
tions herein established shall be deemed forfeited; except that,
for good cause shown, the department head, in writing and prior
to a forfeiture date, may allow an employee to accumulate vaca-
tion time up to an additional maximum five (5) day period to be
used within one year from the date permission for such extension
is granted.
-3-
3. Except upon termination as provided in Section 25-8-6
or purchase as provided in Section 25-8-7, no officer or employee
shall be entitled to be paid for vacation earned but not taken.
Sec. 25-8-6. Benefits upon termination.
1. Every officer or employee whose employment is terminated
by resignation or otherwise shall be entitled to be paid for:
(a) All earned vacation time accrued, unused, unforfeited
and lawfully forwarded from previous years, plus;
(b) A termination benefit consisting of all vacation
accrued, unforfeited and unused for the year of employment
during which the termination shall occur.
(c) In cases of permanent separation, the City will use
its best efforts to compensate employees for unused compen-
satory time off, within forty-eight (48) hours from the date
of termination; however, such privilege shall not apply to
employees of the Fire Unit.
2. The foregoing provisions of subsection (1) , notwithstanding,
no employee shall be entitled to any termination benefit or pay-
ment for any vacation time which has not been vested, accrued,
unforfeited and unused and shall not be entitled to any payment
or termination benefit:
(a) Until an employee has completed six (6) months of
full-time employment with the City (or one (1) year of such
employment for employees of the Fire Unit) ;
(b) If any resigning employee fails to give at least ten
(10) days prior written notice to his department head of his
contemplated resignation; or
(c) If the employee was a member of the Fire Unit and
his/her termination is or was for cause.
Sec. 25-8-7. Cash payment of earned vacation time in lieu of
use.
1. The Board of Salt Lake City Commissioners may purchase up
to, but not exceeding, two (2) weeks of earned and accrued vaca-
tion time, to which an employee is entitled as authorized in
this chapter, with the consent of said employee and upon the
favorable written recommendation of the employee's department
head.
2. Said purchase of accrued vacation time may be authorized,
in the sole, exclusive and absolute discretion of the Board of
Salt Lake City Commissioners when, in their judgment, it is
demonstrated that:
(a) Vacation time is accrued and earned in accordance with
this agreement;
(b) The cash payment in lieu of vacation time use will not
interfere with an employee's performance or create an unrea-
sonable hardship on said employee's family;
(c) There is a demonstrated need for the City to retain
the services of the employee for the said vacation time;
(d) There are sufficient monies in the departmental budget
to pay for the vacation time as certified by the City Auditor,
without disturbing or interfering with the delivery of City
services; and
,AJtl
-4-
(e) The employee consents voluntarily to the cash payment
in lieu of time off from his regular work schedule.
3. The amount to be paid for any such purchase of vacation
time as provided herein shall be based on the wage or salary
rate of the said employee at the date of approval by the Board.
However, under no circumstances shall any overtime compensation
be paid, computed or accrued by virtue of the City authorizing
an employee to work a vacation period and receive cash payment
therefor in lieu of use.
4. The City and its departments will extend a diligent effort
to provide every employee his earned annual vacation and shall,
through appropriate management efforts, seek to minimize the
recommendations for cash payments in lieu of vacation use. Any
vacation purchase by the Board shall be considered to be an
extraordinary circumstance and not a fringe benefit of the
employee.
SECTION 2. In the opinion of the Board of Commissioners of Salt
Lake City, it is necessary to the peace, health and welfare of the
inhabitants of Salt Lake City that this ordinance become effective
immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 28th day of December, 1978.
/!////
MAY
CITY RECORD
(SEAL)
BILL NO. 205 of 1978
Published January 5, 1979
ADM-3Sh
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
I - `_-- Shana D. Conaty
AN ORDINANCE
AN ORDINANCE AMENDING Chapter a,Title 35 at the
Revised Ordinances of Salt lake City.Utah,1965,relating to
vacation and termination benefits for Salt Lake City Corporation
officers and employees.
Bev ordained bYxa Boardar Commissioners ar Salt Lake Being first duly sworn,deposes and says that he is legal
o,dinacc'oisaltLake'Sty,Utahe1965,rlelaiinittogam"on'and advertising clerk of the DESERET NEWS, a daily
termination benefits for Salt Lake City Corporation officers and
employees,be.and the sane hereby Is amended as follows: (except Sunday) newspaper printed in the English
Cheater e
VACATIONS AND TERMINATION BENEFITS language with general circulation In Utah, and
u5-e-22.CRMva'fblonirorfirstnineYearsotemplDyment. published in Salt Lake City, Salt Lake County, in the
25433.Vam/Qn after
niMhfourteYear of opear vICYtloeee,nloyment.; State of Utah.
consecutive emel°ynlent.
25-0-5.Rles for taking veallaos.
Cash llis uiapn inanon
Sc 2S--(bpeymanl 6erree rattan time benefits,
Foil-fie That the legal notice of which a copy is attached hereto
Sec. t5em yeas shall
be entitled
veutltn eceive their
it Full-firm,
salaries during lace ldnpolrto earineedd end taken In ecmrdanon
with no provisions of this Charger,pert-time and a al pub notice to amend an ordinance relatingto
employees shall not be entitled to any vacation or termination
benefits,..
Set.25-8-2.VacaNnM for first'nine years or employment.
Every Idlii tdinto,permanent officer or employee shall earn
vacationarobeitlonee woete emng.day for
ent battnofulllexeene2terlf vacation & termination benefits for Salt Lake
employment10)worklnorgava during n calendar year;provided,that no
WPM.Stan be entitled toe y vacation unless h person has
mmplet 'Ix months of any
eMalovment'with Ilse City. City Corp, Employees
Employees of the Fire Department regularly assigned to duly
Me combat dlvlelon shall earn a vacation equal to one duty shift
Off for each teapfmleMn worked from the date of employment,but
not to exceed,f Fee oeuty Shifts definer any ell enndr year;
provided,the f Ire Oep llfinenf emdayee shall be entitled to
vacation, n the employed h Completed tment.th
• lvalent of me emoloyrn With the Fire Department.
Sec. 2S-.2.,yrnatttiierr..) after ninth year of Onsecutive
ern nine
(el°Cowls.ecutive full years of englnenten1.or employeef Moo
the City snail
a vocation eons.to ape noehalf(115)working days ter each
full month of empfoi(nea from the last anniversary date of
-emnloYment beta°,to exceedilflben(15 omlotIlliy aurhg was published in said newspaper on 0-ane se.,1979
tnY FirenDer rtm,ntx shag aearnVa vacation tee moatdivision d
o Fire DMrarity sh mall nn.equal r ono and
• hatf(I Skiholy deed shifts f employment oymnt d not to exceed se
and car o e (thi)csayfnr sleeterm"date�1 calendar year.Fa
the.)themofn is ing at emplom entwts n ode was hird by
mean the beginning date of ore basis.
one was hired ere
the City on amonthly ee18ry bells.The term"consecutive e ( 1.
employment" plogrnent from the date of t .__ A l\_.w: .r� - ,� _, ^ c��;_A, r y 1:
employment to shallw date the mean
for benefits under - - L is section without any break in carried through termination, Legal Advertisijlg.Clerk
suspension.dl Marva nr layoff. 1
See 25434 vacation after fourteenth year of consecutive
furrteen lid)consecutive full years employee
se who nt has
the Citte
shall earn
nr a ploymentufromt two(2)
last anniversary eacht full
employment,but not to exceed twenty(ml working dos during l ore me this lath day of
thy calendar year,except employees of the combat division of
e Fire Department shall earn a vacation equal to one duty shift
off for each month worked from the last anniversary dote of,
• ployment, ut not to exceed ten on-duty shifts during any A.D. 19...79...
ollleSac year. \
Sec 25-65 Rules for taking taken as directed by the head at /
eacho department at such time as it would b:most advantageous
to eH.lent operations of that department.However,in the
assignment of vacation periods.
()Thee ployees Militia,era most seniority shall be given first' _ /
consideration for requested vacation periods;and
Cons Vacation periods may b°divhfed into two or rear '� (y tC J..;//IF
separate periods as are deemed nee...,by the naps rtmeni• ... ':.f!l ! �1.�/
Mad r a equested by her employee nd approved by the !V Otat- �b11C
department head. i �', ,y /
2. Officers red employeesaccumulate va'tlon l 1.TM Board of Salt Lake ClN Commissioners mdy purchase
(including both earned vacation end mayic leave conversion time), Va to,but no exceeding,tWo ill Weoss o earnest antl actruea
according to the lengthCity
of their e following
g maximum
Years of ration lime,to wthe an PflTeree Is entitled en euherize4w,
In
employment r with Ihe months
—u p otolr full-owlrg maximum omits; aiivor ble lr,form Iheoconsent o sold emeUyea antl upon the
(b)Alter 9years —to 25 delays; car nmcnWailon o iM emaloYee's dlPart-
Ib Alter 6 mont 14 s—nto2 up 30 days.
me f el ae
The foregoing ieg notwithstanding,no employee In the Are Unit
ualorizealnlnret I d a ued v flan time
shall be enfieled to the vsuflee benefits provided by this Chapter Board o so e,excius ve and abfolute discreflalaof th
p Salt lake CINComm�ssloners When,I"their 1W
less and until such employee icompletes e employment
y Ine if Is tl l VayatalN mat; grneni,
which the vacation was earned in the emplok t of Sall Lake ag ement, Time is arrfued and earned In ocuerdenCe with
City.All earned vacations shall be taken by Fire Unit employeesduring this agreement,
vacation Olga:ar ued beyor ond lon theer iY to the mears ned.aolesVAny
ms I interfere 1e llllsh o ompit In Iles o vacate05 time use wilt not
v ds per ?°•s performance or Create a
andx limitations herein cause
Wien n,ff0 d artt ee forfeited;in unr asonabr hardship en sold emPiocee's fdmlly "except that,for good sMwn,the tleMrtment head,In se v(ei There is a demolsrred tided for Nle CIN to retain the
writing and prior to a forfeiture date,may allow an employee r0 r'eras of iM empooree for the gain vatanon time;late vacation time up to an additional maximum live(5) (tl)There era anoe ont moles In IM dlpartmen}al butlget
day periodto be used within one rear from the into permission 'foi f of the varanon rime as mprtnled by}M CIN oueR°r,
for such metsion Is eesteranted se nmrbirg a inierforino with me dells-en,of City
I.Except soon termination as provided In Section 2506 or see ads;and
purchase as oroVidee In Son ea 5-8-,no officer or ampoyee In li leel ifhe pen taro!consents volsmfarlly to iM cash payment
hall be entitled to he paid for vacation earned but net taken. me off from his rep tar work 9
Sec 25-06.Benefits aponeterminatim yy •floe as rovid ant re b¢pa Id_tar any such purthao of vacation
terminated U officer
or otherwise WlrOshell employment
to be o the Id p relnatMlr rxi hasedan the wapp rsalary rake
Nowever,uMer no dreurns r °¢.asta et approve by me Boars.mid for' flon r aocN Al tiY°ih emPr m.)nsa.(a)All earned vacation time accrued,unused,)nforfclfed a inorleizi den emotoWN y
and law(VIIY forwarded from omvlou5 years,plus; cash eayyrmrl t meroroein lieu os use.Yacatlanyperlad antl receilve(b)A termination benefit consisting of all vacation accrued, 4 TM Ci
Meter°mtlnaflandir sllall .tur the year oemalavmon during which
Nahansdepartrsl¢n}s will exferMatliflcenleHarf to
v tie every elate ma his eartmrd annual vacation and shall,(ef In cases of permanentsetaeonseparation,ten the City will use Ih chttrougrh donpproons for
efforts Cash payments In Ile)of vaca!lon use Any time oft, within forty-eight gel hours from the date i vdcaton purchase by tfe Boa tie shall be aonsiaered fo be an termination; MlweveY such privilege shall not apply to
emraordlnarY it cumstante a
employees of the Fire Unit.
Pluvee. non hinge benefit of the
2. The foregoing provisions f subsection (1 nowlm- SECTION 2.In the opinion of mP
standing,...ploy.shall be entitled le any termination Mrelli Sale LakeCM,if is remssary tothereaoerd of Commission¢rs of
or payment Mr any vacation time which has not been vested, me inhabltaos of Salf Lake CIN oaf fhlsaordinaredice°becro°mloe accrued,unorfenwl and unused and shall not be entitled to any affective ImmedldfelY.
payment or termination benefit: SECTION 3.This ordinance shall take anent coon Its first
(a)Until an employee has completed six(6)months o nubllrafion.
full-time employment with Me GIN for one(1)Year of such passed by me B of Commi
employment for employees of the Fire Unit); Utah,this lath day of Decembr,19ta.ssioners of self Lake Ci N,
(b)if any resigning employee tails to give at least ten(10)
days prier written n.to his department teed of his TED L.WILSON
contemplated resignation;or MIL DRED V.HIGRAM Mayer f
(c)If me employee'VOI, hie lv:u cal P.Fire Unit and CS PEARL')
his/her termination Is or was for caste. (
Sec.258t.Cash payment of earned vacation time In lieu ofI BILL NO.205 of I978
use. ergo i—SMM ar_y 5 me_
CB-0t)
ll}C1