6 of 1978 - Amending sections 25-8-2, 25-8-5, 25-8-6 and adding section 25-8-7 providing for cash payment of ear r7VLL.1i91LL ,
VOTING Aye Nay Salt LaI a City,Utah, January 11 ,1978
uary 12, 1978
Mr.Chairman / i '`,-
r move that the Or ' ance be passed.
Agraz
Haller 0,01
� (a(1,, f ��
JIB
Phillips / A�
Result / AN -ORDINANCE
f,
AN ORDINANCE AMENDING Chapter 8 of Title 25 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to vacations and
termination benefits by AMENDING Sections 25-8-2, 25-8-5 and 25-8-6,
and by ADDING thereto a new Section 25-8-7.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Chapter 8 of Title 25 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to vacations and termination
benefits, be, and the same hereby is, amended by amending SectionsiR
25-8-2, 25-8-5 and 25-8-6 and adding thereto a new Section 25- -7,
to read as follows:
Sec. 25-8-2. Vacations for first partial year of employment.
Every full-time employee who takes office or begins employment
on or after January 1st of any calendar year shall earn a vaca-
tion equal to one working day for each full month of employment
from the date of employment to December 31st of such calendar
year, but not to exceed 10 working days and provided, further,
no person shall be entitled to any vacation unless such person
completed six months of full-time employment with the City.
Employees of the Salt Lake City Fire Department regularly assigned
to duty in the combat division shall earn a vacation during the
first partial year of employment based upon one duty shift off
for each two months worked during the year from the date of
employment to December 31 of such calendar year, but not to ex-
ceed five on-duty shifts and provided, further, that no fireman
shall be entitled to vacation, unless the employee has completed
a six month equivalent of full-time employment with the Salt Lake
City Fire Department.
* * *
Sec. 25-8-5. Rules for taking vacation. (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
operation of that department. However, in the assignment of
vacation periods: (a) the officers and employees with the most
seniority shall be given first consideration for requested vaca-
tion 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) All earned vacations may be taken by officers and employees
following the probationary period as provided in these revised
ordinances, but (except as hereinafter provided) shall be taken
in any event during the calendar year following the year earned.
Any earned vacation not taken in accordance with these revised
ordinances shall be deemed forfeited; provided, however, that
the foregoing notwithstanding, for good cause shown, the depart-
ment head in writing and prior to a forfeiture date, may allow
6
-2-
an employee to postpone a vacation beyond the said calendar year
in which it should be taken to a following calendar year.
(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. Vacation and termination benefits upon termina-
tion. (1) Every officer and employee whose employment is ter-
minated 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 un-
used for the calendar year during which the termination shall
occur.
(2) However, the foregoing provisions of section 25-8-6(1)
notwithstanding, no officer or employee shall be entitled to any
termination benefit or payment for any vacation time which has
not been vested, accrued, unforfeited or 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; (b) if his termination is or was for cause; or
(c) if any resigning officer or employee fails to give at least
ten (10) days prior written notice to his department head of his
contemplated resignation.
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
vacation 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 under these
revised ordinances;
(b) The cash payment in lieu of vacation time use will
not interfere with an employee's performance or create an
unreasonable hardship on said employee or 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
(e) The employee consents voluntarily to the cash payment
in lieu of time-off from his regular work schedule.
The foregoing notwithstanding, under no circumstances may the
board purchase more than two (2) weeks of said earned but unused
vacation time.
(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. How-
ever, under no circumstances shall any overtime compensation be
6
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 full 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 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 12th day of January , 1978.
ttho
U MAYOR
CITY RECORDER
(SEAL)
BILL NO. 6 of 1978
Published January 18, 1978
6
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
AN ORDINANCE ( Shana D. Palmer
AN ORDINANCE AMENDING Chapter 8 of Title 25 of the I
Revised Ordinances of Salt Lake City,Utah,1965,relating to
vacations and•termination benefits be AMENDING Sections
8-2,25-8-5 and 25R6,and by ADDING thereto a new Section
25-8-2. Being first dulysworn,deposes and says that he is legal
Be Utah:
• Ted by the Board of Commissioners of Salt Lake
City,Utah: '. p
Ordinances SECTION
seI Lake Chapter
hetl9 Title
r` slo advertising clerk of the DESERET NEWS, a daily
nd terminaton Oene/2h,be,and the sane (except hereby Is,&handed (ex t Sunday)D 'unending Sections 258-2,25-8-5 and 25-8d and adding thereto newspaper printed i n the English
y
a Section
754"°read onsforfirstpfollows: language with general circulation in Utah, and
Sec.2582.Vacations too take office Year of employ ant
oBnvoYfterjmoery1st
OawMtaendar veer sppglea employment -
fon.wokingdyfor achfullryearshemployment
mplearn ay«anon published in Salt Lake City, Salt Lake County, in the
the teaempieymmltoDeach
m�3tafo suchcaalena ryear, State of Utah.
• shallxceed 10 be entitled'tolng any vacation
and proved,such person
personmpleted Mx the of full-Nitta employment wis lt the City.
s'itit?ea tlirit�n tit aim"boVgis%r, srdir aVar a�'I+i That the legal notice of which a copy is attached hereto
durlq Me first partial rear of employment based upon one duty
shift of for eac111wo months worked during the year from the
date of xMed Brent to December 31 of such calendar year,but Pub notice to amend an ordinance red ltina to
fireman shall the entltd to vacaflnoni.unless Matha:
completed a sik-nkx th equivalent of full-time employment with
the Salt Lake City Flee Deportment,
Sec.2585.Rules
portekhtg vacation.(II All vacations are top vacations & termination benefits
as If woulen d be�ttaadv Mageou the d of each o the ofticl�operatint at on of ch time
then
department.However,In the asel ent of vacation perlods:(e)
the officers and employees with thna
e most seniority shall be given
first consideration for requested vacation periods;and (b)
vacation periods may be divided Into two or more seeoreta
periods as are deemed necessary by the deportmenthead or as
requested by'the employee and approved by the department
load((. eedd
xmp12Yealifolliowing the trubatienary tserldd es by vltldodd lnl ese
revised ordinances,but during
eexcent as heretnafer provldedl shalll be
taken
• ned;Any earned any vent dvacation not takenr year In accordancelw the
lh Mere
revised dlnances .hall be deemedforfeited, Provided,
however,°mat me foregoing nwwi atandito for good cause Jan. 1£3, 19"78
showpthe departmentheadIn writing and priorto,amrfelture was published in said newspaper on dale,caleyn allow an emnloyee to 5lsOepostponevenation beyond the P
said calendar
year.year in which It should be taken to a following
(3)Except upon termination as provided 1'sectl 2543fi or
• 1 „e as provided In section 258 7,no officer or employee
shall he entitled le he paid for vacation earned but not taken
Sec 250-d Vacation and termination benefits pon termina
II (I) Every officer and employee whose employment,s
terminated ha resignation or otherwise shall he titled to ha
vacation time previous ear unused,
paid for () n years,
..........>:
anfnd and termination benefit
c 9stingtrof all vvac tionsaccrued, Legal Advertising Clerk
ontvrtnafl n i,shall unused consisting
the calendar year during which the
t12)However,the foregoing provisions of section 25-8-6(1)
notwithstanding,no of lcer or employee shall be entitled to any
nnotermination
Mean iaesf benefit
ued,payment
rMiied ovacation
npssed time awhich
lll`nott has me this Toth
entitled to any payment or(termination benefit:(a)until a,, day of
vhiththe city:lbl If this termination months
of
full-time
cause;or(c)If
a,resign,.
prior twritteer notice lto hisaidepart entt least
phis A.D. 19.78
MntSec.25ed resignation. q
Sec.25&2.Cash payment of earned vacation time in lieu of
puuse. (1) The Board of Salt Lake City Commissioners may
rchase dp to,but not exceeding,two(2)weeks of earned and
accrued vacation time,towhich h employee Is entitled a
• orUe this chapter,with the of said employee and S.
upon the favorable writtenrecommendation of the employee's
&aartme t head
iho iizetl Id pinches° of n the sole,exclusive end absolute vacationdilscretion of the
Board of Salt Lake City Commissioners when,In their judgment, Notary Public
It Is demonstrated Va i that:
ee1Is accrued and earned under these revised
ordinances.
(b)The cash paymlent In lieu of vacation time use will not
unreasonable hardship onterfere with an n(said emploryee or enlptovee s formance or create
nllyan
(c)There is a Gyee for rates need oe Me cite to retain the
.w,rviccs Of file emeieyon for flea said vacation time;
ldl There are sufficient fit monies in the departmental budge,
lo without y distuer rbingdisttuurrb ng or Inlertnrieg rre as certified
the delivery the city auditor,
services;and or w ofcity
(e)The employee consents voluntarily to the cash payment
In Ileu of time-off fromhis regularrwork schedule.
ehe rucartt inkier circumstances
ebuth board purchase more (2weeko said t
unused vacation time.
time cc erovldwl herein shalall bfor
based onnthe purchase
ade or seiaev ra°re
of flu saiundeer no circumstances
ir at stt.dolehall any overitlby the board.
henrebbeer,pld, no cpurled son accrued by virtue of ofew ity
authorialno an eneloyee to work a vacation period and receive
Wsh payment therefor In lieu of use.
(4)The city and Its departments will extend a diligent effort
to provide every employee his full earned annual vacation and
minimize rtIle camaieanrllationte s for cashnt paynuents In lieu Ill
elation use.Any vacation purchase by the Board shall bet,
beconsidered to be an extraardlnary circumstance and not a fr'ineei
nefit of the employee.
is nec
essary No 2 In the el serhealtand I welfare of Me Inhabitantsy,
Salt Lake SECTION I3Ikd.Thlssord nunce ance ssshall take eme ffect ive(aeon Its Immediately.
Passed by the Board of Commissioners of Salt Lake City,
Utah,this 12th day of January,1928.
TED L.W Mayor
MILDRED V.HIGIIAM
City Recorder
(SEAL)
BILL NO.6 of 1976
Published January 18,1978 (B-441
dJ