Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
02/07/2006 - Minutes (2)
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, FEBRUARY 7 , 2006 The City Council of Salt Lake City, Utah met in Work Session on Tuesday, February 7, 2006, at 5 : 30 p.m. in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance : Council Members Carlton Christensen, Van Turner, Eric Jergensen, Nancy Saxton, Jill Remington Love, Dave Buhler and Soren Simonsen. Also In Attendance : Cindy Gust-Jenson, Executive Council Director; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Lehua Weaver, Council Constituent Liaison; Russell Weeks, Council Policy Analyst; Rocky Fluhart, Management Services Department Chief Administrative Officer; Lynn Pace, Deputy City Attorney; Melanie Reif, Assistant City Attorney; Jennifer Bruno, Council Policy Analyst; Dennis McKone, Fire Department Administrative Assistant/Media Relations; Doug Wheelwright, Deputy Director/Community Planning/Land Use and Transportation/Support Staff; Jackie Gasparik, Community Planning/Land Use and Transportation Planner; Russell Pack, Acting Airport Director; Barbara Gann, Airport Public Relations and Marketing Director; Brad Wolfe, Airport Safety and Training Program Manager; Patrick Thronson, Mayor' s Communications/Public Relations Officer; Matt Williams, Real Property Acting Director; Louis Zunguze, Community Development Administration Director; Ray McCandless, Community Planning/Land Use and Transportation Planner; Jamey Anderson Knighton, Acting Human Resource Director; and Scott Crandall, Deputy Recorder. Councilmember Buhler presided at and conducted the meeting. The meeting was called to order at 5 : 36 p.m. AGENDA ITEMS #1 . 5:36:33 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING HOUSEHOLD BENEFIT PACKAGE. (Item F-3) View Attachments Councilmember Buhler said the item would be discussed during the formal meeting. #2 . 5:37:22 PM RECEIVE A PRESENTATION FROM THE SALT LAKE CITY DEPARTMENT OF AIRPORTS REGARDING GENERAL AIRPORT MATTERS . View Attachments Russell Pack, Brad Wolfe and Barbara Gann briefed the Council with the attached handouts . Discussion was held on salaries for high level positions . The Council requested the Citizen' s Compensation Advisory Committee review and compare salaries with other airports . Councilmember Christensen asked about the study relating to increasing air cargo . Mr. Pack said when the report was completed in 06 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, FEBRUARY 7, 2006 approximately 60 days it would be presented to the board. He said the Council could provide further direction. #3. 6:07:47PM RECEIVE A BRIEFING REGARDING A PROPOSAL TO DEFINE THE TYPES OF REAL PROPERTY SUBJECT TO PROPERTY CONVEYANCE PROCESSING THROUGH THE CITY COUNCIL AND PLANNING COMMISSION. View Attachments Lynn Pace, Doug Wheelwright, Lehua Weaver, and Matt Williams briefed the Council with the attached handouts . Mr. Pace said the open space definition needed to be more clearly defined. Councilmember Love suggested the Council accept the recommended categories and include requirements to ensure consistency with the open lands ordinance when parcels where specifically referenced in master plans and identify parcels where the sale of the property would result in a budget or land use request. The Council was in favor of the suggestions . Mr. Pace said he would cross reference the proposed ordinance with the open space lands ordinance to ensure everyone complied with both ordinances . Councilmember Buhler said the Council did not want this proposal to supersede the open space lands ordinance. #4 . 6:29:05 PM RECEIVE A BRIEFING REGARDING A REQUEST TO CLOSE A PORTION OF 1500 NORTH STREET BETWEEN BECK STREET AND HOT SPRINGS STREET (745 WEST) , IN A LIGHT MANUFACTURING (M-1) ZONING DISTRICT. (PETITION NO. 400-05-23) View Attachments Ray McCandless, Doug Wheelwright, Jennifer Bruno, and Matt Williams briefed the Council with the attached handouts . Councilmember Christensen said he was concerned about obtaining adequate value for the property. The Council asked Property Management to review the proposal and determine if the City was receiving fair market value . Councilmember Buhler said a written response could be submitted to the Council . He said the item would be placed on a future agenda. #5 . 6:35:16 PM RECEIVE COMMENTS FROM THE ADMINISTRATION ON LEGISLATIVE ISSUES. Lynn Pace said he would try to provide weekly updates on the most important issues . He said there had been a lot of discussion on SB170 regarding land use issues . He said due to a large volume of protest, the sponsors/promoters had backed off. He said three replacement bills were being proposed. He said many cities had adopted resolutions voicing opposition to the bill . The Council was in favor of adopting a resolution expressing opposition to specific portions of the bill and making recommendations for improvement. Councilmember Buhler said the resolution could be adopted at the next regular meeting. He said a copy of the resolution needed to be given to the League of Cities and Towns, Salt Lake City Legislators, and Community Council Chairs . 06 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, FEBRUARY 7 , 2006 Mr. Pace said HB240 would impose an additional 3% retirement increase benefit on the City and HB309 would reduce the franchise fee on natural gas . He said he needed to gather more information for the Council including the financial impact on the City. Mr. Pace said another bill regarding governmental immunity would raise the cap from $500, 000 per person/$1-million aggregate to $1 million per person and $10-million per aggregate . He said the City was opposing the bill because the sponsor was not receptive to suggested changes . He said the proposal could have a significant impact on businesses which contracted with the City. #6 . 7:42:26PM CONSIDER A MOTION TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF STRATEGY SESSIONS TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION; PURSUANT TO UTAH CODE ANN. § § 52-4-4 , 52-4- 5 (1) (a) (iii) , AND 52-4-5 (1) (a) (iv) , AND ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED, PURSUANT TO UTAH CODE ANN. § 78-24-8 . Councilmember Jergensen moved and Councilmember Simonsen seconded to enter into Executive Session, which motion carried, all members voted aye . See file M 06-2 for tape and sworn statement . #7 . REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND 7:33:08 PM ANNOUNCEMENTS . See file M 06-5 for announcements . The meeting adjourned at 8 : 02 p.m. COUNCIL CHAIR CHIEF DEPUTY CITY RECORDER This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held February 7, 2006 . sc 06 - 3 db"8 COi SALT G tli CO M'4' 4 r 11f OFFICE OF THE CITY COUNCIL Salt Lake City Council AGENDA City Council Chambers City& County Building 451 South State Street,Room 315 Salt Lake City,Utah Tuesday, February 7, 2006 7:00 p.m. 5:00 p.m., some Council Members may dine together in Room 125 at the City & County Building. (The room is open to the public.) A. WORK SESSION: 5:30 p.m.,Room 326, City& County Building,451 South State Street (Items from the following list that Council is unable to complete in Work Session from 5:30-6:55 p.m. will be addressed in a Work Session setting following the Consent Agenda.) 1. The Council will receive a follow-up briefing regarding Household Benefit Package.(Item F3) 2. The Council will receive a presentation from the Salt Lake City Department of Airports regarding general airport matters. 3. The Council will receive a briefing regarding a proposal to define the types of real property subject to Property Conveyance processing through the City Council and Planning Commission 4. The Council will receive a briefing regarding a request to close a portion of 1500 North Street between Beck Street and Hot Springs Street(745 West), in a Light Manufacturing(M-1)Zoning District. (Petition No. 400-05-23) 5. (Tentative) The Council will receive comments from the Administration on Legislative issues. 6. The Council will consider a motion to enter into Executive Session for the purpose of strategy sessions to discuss pending or reasonably imminent litigation;pursuant to Utah Code Ann. § § 52-4- 4,52-4-5(1)(a)(iii)and 52-4-5(1)(a)(iv), and attorney-client matters that are privileged,pursuant to Utah Code Ann. § 78-24-8 7. Report of the Executive Director, including a review of Council information items and announcements. B. OPENING CEREMONY: Council Member Eric Jergensen will preside over the Formal Council Meetings during the month of February. 1. Pledge of Allegiance. 2. The Council will approve the minutes of January 17, 2006. C. PUBLIC HEARINGS (None) 451 SOUTH STATE STREET, ROOM 3D4, SALT LAKE CITY, UTAH 641 1 1 TELEPHONE: B01-535-6642 FAX: B01-535-7651 WWW.SLCGOV.COM Salt Lake City Council Agenda Tuesday February 7,2006 D. COMMENTS 1. Questions to the Mayor from the City Council 2. Comments to the City Council. (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes.) E. NEW BUSINESS: (None) F. UNFINISHED BUSINESS: 1. Resolution- Sale of Bonds Special Improvement District-Rose Park Area LC-106024 Consider adopting a resolution authorizing the issuance and providing for the sale of Salt Lake City, Utah Special Assessment bonds, Series 2006 (Rose Park Special Improvement District) (The"Series 2006 Bonds")providing for pricing and terms of the Series 2006 Bonds,prescribing the form of bonds,the maturity and denomination of said bonds; providing for the continuance of a guaranty fund; authorizing and approving a bond purchase agreement; and related matters. (Q 04-3) Staff Recommendation: Adopt. 2. Resolution—Rosa Parks Boulevard Consider adopting a resolution adding an honorary name of"Rosa Parks Boulevard"to 200 East between South Temple and 600 South. (G 05-29) Staff Recommendation: Adopt. 3. Ordinance—Household Benefit Package Consider adopting multiple ordinances that would extend the City's benefits packages and bereavement and dependent leave to an employee's"Adult Designee"and their dependents. (0 06-5) Staff Recommendation: Adopt G. CONSENT: 1. Property Conveyance—Property Exchange at approximately 914 West 14151 South in Bluffdale Consider requesting that the Administration hold a hearing at 5:00 p.m. on February 14,2006 regarding an exchange of property and relocation of a portion of the City's Jordan and Salt Lake Canal to facilitate residential development. This is a value-for-value exchange. (W 06-4) Staff Recommendation: Do not call for a hearing. 2. Resolution—Interlocal Cooperation Agreement(Fire Hydrant Maintenance) Consider adopting a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation, Salt Lake County,Unified Fire Authority and Salt Lake Valley Fire Service providing for the maintenance of Fire Hydrants in certain portions of Unincorporated Salt Lake County. (C 06-62) Staff Recommendation: Adopt. 2 Salt Lake City Council Agenda Tuesday February 7,2006 3. Motion—Consulting Services—Engineering Division Audit Consider adopting a motion authorizing the Council Chair to sign a letter of engagement with Citygate Associates,LLC to conduct a management and performance audit of the Engineering Division of Salt Lake City Corporation. (C 06-3) Staff Recommendation: Adopt. 4. Ordinance—Set Date—Conditional Uses for Special Purpose Districts Set the date of February 21,2006 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Table 21A.21.140, of the Salt Lake City Code,pertaining to permitted and conditional uses for Special Purpose Districts. (Petition No. 400-04-46 Moto-cross) (P 06-2) Staff Recommendation: Set date. 5. Board Re-appointment—Nancy Huntsman,Airport Board Consider approving the re-appointment of Nancy Huntsman,to the Airport Board for a term extending through January 18, 2010. (I 06-6) Staff Recommendation: Approve. 6. Board Re-appointment—Keith Christensen,Airport Board Consider approving the re-appointment of Keith Christensen,to the Airport Board for a term extending through January 18, 2010. (I 06-6) Staff Recommendation: Approve. 7. Board Re-appointment—Mary Corporon, Business Advisory Board Consider approving the re-appointment of Mary Corporon,to the Business Advisory Board for a term extending through December 28, 2009. (I 06-3) Staff Recommendation: Approve. 8. Board Re-appointment—Tony Caputo,Business Advisory Board Consider approving the re-appointment of Tony Caputo,to the Business Advisory Board for a term extending through December 28,2009. (I 06-3) Staff Recommendation: Approve. 9. Board Re-appointment—Kent Moore, Housing Trust Fund Advisory Board Consider approving the re-appointment of Kent Moore,to the Housing Trust Fund Advisory Board for a term extending through December 29, 2008. (I 06-7) Staff Recommendation: Approve. 3 Salt Lake City Council Agenda Tuesday February 7,2006 H. ADJOURNMENT: Dated: February 3, 2006 By: s Deputy City R cor/-r STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On the 3`a day of February,I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City& County Building, 451 South State Street, Salt Lake City,Utah: 1. At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom,Room 315. 1,0 11 ► %----'------) Deputy City R o'er ri / ra Subscribes a swo befo m this 3 day of February, 2006. o — ��+T T�E rt��} c 7... ..,..„, �, ` Ltmtml;�totr Fzplres L_ / / , , /1<otary Public residing in the State of Uta ° ' r 'utC.CRAX se L.�fiRadFiAi.t •• at South Slats Strut Am.415 Satt Lake Ctty,Utah 84111 Approval: Deputy D. tor Access agendas at http://www.slcgov.com/council/agendas/default.htm. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance of council meetings. We make every effort to honor these requests, and they should be made as early as possible. Accommodations may include alternate formats, interpreters, and other auxiliary aids. The City and County Building is an accessible facility. For questions or additional information,please contact the ADA Coordinator at 535-7971, or TDD 535-6021. Assistive listening devices are available on Channel I; upon four hours advance notice. Please allow 72 hours advance notice for sign language interpreters; large type and #2 Braille agendas. After 5:00 p.m.,please enter the City& County Building through the east entrance. Accessible route is located on the east side of the building. In accordance with State Statute, City Ordinance and Council Policy, one or more Council Members may be connected via speakerphone. 4 Win.. MEMORANDUM DATE: February 25,2006 TO: City Council Members FROM: Jennifer Bruno,Policy Analyst RE: Benefits-Household/Adult Designee Proposal,Final Adoption On January 10,2006,the City Council received a briefing on the Council Subcommittee's proposal to offer benefits based on an employee declaring an"Adult Designee." This plan would provide benefits to a wider array of households-whether they are made up of a City employee living with and supporting/depending on another non-related adult,their sibling,or their parent. There are two issues for Council consideration: 1. An ordinance pertaining to certain benefits for employee dependents,adding the category of"Adult Designee,"wherever an employee is eligible to provide benefits for their spouse or dependent,and defining a criteria list that the"Adult Designee" must satisfy. ,,. ., 2. A series of ordinances extending bereavement and dependent leave to cover an employee's"Adult Designee" and their immediate family(parent,sibling,child). There is one ordinance for each compensation group. It should be noted that any changes in policy will not affect City employee's that belong to bargaining units. Changes to policies for these units can only be made during a period of contract re-negotiation. CURRENT CITY EMPLOYEE IMPACT The Human Resources division prepared estimates of the 3 year impact on employee premiums that the Council's proposal would have so that employee groups would understand the additional future costs of this program,compared to the regular cost increases that are seen year to year anyway. In the first year after the Council's initial "offset" period,the estimate is that it would cost an additional$2.19 for double and$2.34 for family coverage per pay period($53 and$56 per year,respectively),for Preferred Care. This represents an additional 1.92% increase in premiums on top of whatever is determined to be the base increase for premiums. Last year,employees paid an additional $9.32 for double and$10.68 for family to cover the 9% "natural" increase in premiums. At the briefing,Council Members asked staff to get input on this plan from the various employee groups,who could see premiums increase over time as a result of adding this new group. Council Staff presented the Council's proposal to the Employee Benefits Committee on January 17,2006. While generally supportive of the idea of offering benefits to this group of people who need care,employee group representatives voiced concerns that this would raise their premium costs eventually. They also voiced concerns 1 that the City is extending benefits to more people,when the focus should instead be on enhancing salaries and benefits for existing employees. Written comments were subsequently received form the various employee groups,and are included in this paperwork(see attached). STATE LEGISLATIVE ISSUES In the time since the Council was briefed on this issue,Representative LaVar Christensen has introduced legislation that would address public employers and the benefits they can offer(House Bill 327-Public Employer Benefit Plans). As drafted (as of February 1,2006), the bill would not seriously impact the basic idea behind the Council's proposal. It would however,impact how the Council would fund the proposed benefit program. The bill prohibits any City money from supplementing a"dependent"that is not a child or a spouse,and further specifies that any of these"extra" dependent groups must pay 100% of their costs. Currently the Council is proposing that the Adult Designee be lumped into the overall City pool-in some years,premiums collected from some employees are used to offset medical claims costs of other employees(this is part of the structure of group health plans). It is in this area is where the Council's proposal would seem to run contrary to Rep.Christensen's bill. If the Council were to completely separate the Adult Designees into their own category with their own premium structure so that they were paying 100% of the costs and receiving no"cross subsidy"from other employee dependents,this would comply with Rep. Christensen's bill. However,it is important to note that this group (of Adult Designees)would be much smaller,so their premiums would likely be higher (because there is a smaller volume of people splitting costs) and would likely be more volatile (subject to steeper increases if one person's medical claims are dramatically higher than the amount generated by premiums). POTENTIAL MOTIONS 1. ["i move that the Council"l Adopt an ordinance pertaining to certain benefits for employee dependents,adding the category of"Adult Designee," wherever an employee is eligible to provide benefits for their dependent,and defining a criteria list that the "Adult Designee" must satisfy. 2. ("I move that the Council"l Not adopt an ordinance pertaining to certain benefits for employee dependents,adding the category of"Adult Designee,"wherever an employee is eligible to provide benefits for their spouse or dependent,and defining a criteria list that the"Adult Designee" must satisfy. AND/OR 3. ("I further move that the Council"l Adopt a series of ordinances extending bereavement and dependent leave to cover an employee's"Adult Designee" and their immediate family(parent,sibling,child),and refer the question of the City's overall bereavement and dependent leave benefits to the Citizens Compensation Advisory Committee,for review and any recommended changes. 2 4. ["I further move that the Council") Not adopt a series of ordinances extending bereavement and dependent leave to cover an employee's"Adult Designee" and their immediate family (parent,sibling,child),and refer the question of the City's overall bereavement and dependent leave benefits to the Citizens Compensation Advisory Committee,for review and any recommended changes. The following information was provided previously for the Council Work Session on January 10, 2006. It is provided again for your reference. OVERALL CITY COSTS If the Council decides to accept these additional people on the plan,the following charts show the amount of premiums that these additional people would pay into the system,if they paid the same premiums as the current City structure dictates. These premiums are not sufficient to cover the"true" costs of these actual people. The City would either need to make up this deficit from one time money,or by raising the premiums for this particular group of people,or for the City as a whole,in order to cover the costs. The "extra"money needed to cover the actual cost could range from$139,624-$224,862. Employee- paid Amount #of Premiums Actual (per pay Employees Generated Medical Cost period) enrolling (per year) (Claims) Difference Higher Range Utilization(3.3%of all employees enroll) Double Coverage $ 85.02 29 $ 58,439 $ 151,840 $ (93,400.65) Family Coverage $ 101.51 67 $ 163.379 $ 294,840 $ (131.461) Total 96 $ 221,818 $ 446,680 Lower Range Utilization(2.0%of all employees enroll) Double Coverage $ 85.02 17 $ 35,504 $ 113,360 $ (77,855.65) Family Coverage $ 101.51 41 $ 98.911 $ 160.680 $ (61.769) Total 58 $ 134,416 $ 274,040 u, s` %> DEFINITION OF ADULT DESIGNEE The plan is triggered by the employee signing an affidavit declaring an"adult designee." The employee and this person must attest to and provide documentation for their financial dependence or interdependence and their cohabitation. The Adult Designee's dependents will also be covered. A dependent,as currently defined by the City is any child(adopted or biological)that is under age 26 and unmarried. An employee who is currently married may not add an adult designee to the City's insurance plan. An"Adult Designee" is a person who meets the following criteria: Adult Designees Under 65: (a) has resided in the same domicile with the eligible employee for at least the past consecutive 12 months and intends to remain so indefinitely; (b) is at least 18 years of age; 3 (c) is directly dependent upon,or interdependent with the employee,sharing a common financial obligation. Acceptable documentation is: a. IRS form defining Adult Designee as a dependent; OR b. THREE of the following must be documented: i. Joint loan obligation,mortgage,lease,or joint ownership of a vehicle, ii. Designated as beneficiary under the employee's life insurance policy,retirement benefits account,or will or executor of each other's will, iii. Mutually granted power of attorney (health care or financial management) iv. Status as authorized signatory on bank or credit accounts, v. Joint bank or credit accounts, (d) Agrees to sign a notarized statement with attached documentation to be filed with the Human Resources Division attesting to the above statements. This series of criteria was developed over a period of time and many meetings of the sub- committee. The sub-committee considered many"situations"that an employee could be in (living with and caring for one parent while the other is in a nursing home,living with a sibling or friend to cut living expenses,long-term roommates,etc). This list is"tailored" in order to accommodate the many ways in which people choose to comprise their household. The sub-committee is recommending that employees who are legally married,regardless if their spouse is included on their City health plan,NOT be eligible to declare an adult designee. This is an effort to reduce costs,as well as to avoid health care"shopping" (i.e. deciding to purchase non-city insurance for the spouse because it's cheaper than purchasing it for a sick relative). Adult Designees Over 65: Due to the cost of providing medical coverage for those over 65,and due to the fact that those individuals are already covered by Medicare, Council Staff recommends that any adult designee over 65 would automatically be covered by a Medicare supplement policy, instead of by the City's general insurance policy. The City could contract with an insurance carrier(not PEHP) to provide this coverage at a reduced rate (similar to the City's available automobile insurance),for the employee to elect to purchase for their over-65 adult designee. This would help keep costs manageable for the rest of the City insurance subscribers,ensuring that they would not see a dramatic increase in premiums to cover the cost of elderly subscribers. • Option-The Council's subcommittee recommends that the City's policy could be that if an employee has an adult designee that is over 65,but has no other adult dependents on the City plan,the City would contribute$50 per month towards the purchase of that Medicare supplement policy. The underlying policy issue is that since we are currently partially subsidizing health insurance 4 for families,it would be equitable to partially subsidize families with an adult supporting and living with their elderly parent. o If the"likely" scenario were to occur(according to PEHP's estimates listed below),approximately 29 employees would enroll a parent. It is safe to assume that the majority of these parents are over 65. The following shows what the City's contribution would be towards this scenario. PEHP estimated that 1-2% of all City employees would enroll a parent over 65. #of Employees enrolling Contribution per month Total City Contribution per year 29 $50 $17,400 Adult Designees over 65 would still have to fit the same criteria list as those under 65(see above). ENROLLMENT The following chart shows the rates at which PEHP assumed people would enroll an adult designee,separated out by category of who could be considered an adult designee: Adult Designee Category Percent Enrollment #of Employees enrolling Parent 0.75% -1.5% of all subscribers 21-43 Sibling 1% -2.5% of all subscribers 29-72 Now Domestic Partner .75% -4% of single subscribers 8-41 The following chart shows the likely scenario(upper end)in terms of enrollment: Adult Designee Category Percent Enrollment #of Employees enrolling Parent 1% of all subscribers 29 Sibling 1.8% of all subscribers 52 Domestic Partner 1.5% of single subscribers 16 Total 3.3%of all employees 96 (figures may not add due to rounding) COST-CLAIMS PEHP has estimated a range of the increase in claims that are likely to be experienced as a result of each group. (Note:in this table,the"Parent"column refers only to parents between the ages of 50 and 65. Parents over the age of 65 will be handled with a different City program.) Increase in Claims per year-Siblings and Domestic Partners w/.5 dependents Parent Sibling Domestic Dependents Total Partner (including 4% admin cost) High(5.4%) $218,000 $201,000 $116,000 $158,500 $721,240 Likely Scenario(3.3%) $146,000 $145,000 $44,000 $94,500 $446,680 5 Underutilization(2.0%) $109,000 $81,000 $22,000 $51,500 $274,040 PEHP provided the following reasoning behind .5 dependents for siblings and Domestic Partners: Rationale behind the 0.5 multiplier for dependents is based on a similar scenario as the analysis of the Mayor's proposal. The options provided there are based on a 20% and 50% utilization of family coverage and the family coverage used a 2.5 multiplier. In this analysis,the primary adult designee is accounted for with the sibling and domestic partner line item. So,the dependent would equate to a 1.5 multiplier. Applied to the 20% and 50% as used in the Mayor's proposal analysis, this equates to 0.3 to 0.75. Therefore,a common factor of 0.5 will be applied. The likely scenario as indicated by PEHP(2.5% of all subscribers will partake),is based on numbers from the US Census Bureau,about the number of people living with a family member that is not a spouse or a child, and the number of people living in unmarried households. The low range(1.5% of all subscribers),is assuming underutilization of the plan,and that not every employee who is living in one of these situations would enroll an adult designee. The high range (4% of all subscribers)is a"worst case" scenario- contemplating abuse/exploitation of the system. COST-PREMIUMS Premium Structure A-partial taxpayer subsidy This premium structure would simply add these adult designees into the existing City insurance structure-their premiums would be determined by the overall City claims experience. Because the City's current insurance structure does to some extent subsidize dependents,these new households would also be subsidized to some extent. In this past fiscal year,because of an increase in claims costs,an extra$1.7 million(9%) in premiums was needed to cover the City's insurance claims. The City elected to cover 75% of this increase ($1.3 million)by"raising" the City-paid employee premiums by$19.25. The remaining 25% ($445,000) was covered by a distributed increase in employee-paid premiums for spouses and dependents. For example,in the Preferred Care plan,Double coverage increased by$9.32 and Family coverage increased by$10.68. The following table shows the previous example of 96 employees enrolling an adult designee and their possible dependents. These employees would themselves be generating"extra" premiums collections,which would offset the true increase in claims cost. Therefore,the true increase to the overall group is$224,862(or a 1% overall increase in City claims costs). 6 "Extra" Current #of Premiums Charge(per Employees Generated pay period) enrolling (per year) Actual Cost Difference Double Coverage $ 85.02 29 $ 58,439 $ 151,840 $ (93,400.65) Familly Coverage $ 101.51 67 $ 163,379 $ 294,840 $ (131,461) Total 96 $ 221,818 $ 446,680 $ (224,862) Pros Cons -Any increase in claims would be absorbed by -Partial taxpayer subsidy(to the extent that the a larger pool of premiums;therefore,increases current City structure subsidizes any dependent) would be smaller/less dramatic -Premiums would be the same as they are for -If the"Adult Designee" idea is abused all current families subscribers would bear the cost -Current subscribers may object to having the pool expanded if it has the ultimate effect of increasing their out-of-pocket costs Premium Structure B -no taxpayer subsidy This structure would keep the subscribers that use the"Adult Designee"classification separate,in terms of premiums paid,from the City subscribers that use the "spouse/dependent"classification(the current City insurance plan). The Adult Designees (and their dependents)would be part of the overall City"group" (to receive insurance at an overall lower cost than in the market),but they would pay premiums on a separate structure,designed to pay 100% of the claims increases as a result of this group. For example,if 96 employees signed up"adult designees" (including.5 dependents for siblings and domestic partners)resulting in an increase in costs of$446,680,their premiums would be structured so that they would cover that increase in claims completely. Pros Cons -Part of the City group insurance-lower rates -Any increase in claims resulting in more premiums needed will be"absorbed"by fewer people-increases will be more dramatic -No taxpayer subsidy -Premiums would be higher for the "Adult Designee"group than for the rest of the City plan,thus not providing equal coverage for all household types. The following shows a calculation of what would need to be the premiums to cover their claims costs. (note:this is Council Staff's calculations of the premium structure) 7 Total"new people" 129 Per Member Per Month Cost $ 234.48 x months 12 Total Yearly Cost-per person $ 2,813.76 Multiplied by the number of"new people" 129 Total Yearly Cost-Overall(including inflation and admin fee) $ 415,993 Total Monthly Cost $ 34,666 Total Monthly Cost Per Person(premium) $ 268.25 COMPARISON-MAYOR'S EXECUTIVE ORDER The Mayor's Executive Order was intended to provide benefits to"Domestic Partners" and their dependents. The key difference between the Mayor's Executive Order and the Council's proposal is that the Council's proposal extends benefits beyond domestic partners,to include the myriad of ways people choose to comprise their households (i.e. siblings living together,an employee caring for their parent,long-term roommates who have become joined financially,etc). This will expand the availability of benefits for people who have decided to form a"household" with an adult other than a"domestic partner." The following table shows other key differences between the Council's proposal and the Mayor's Executive Order: Council Proposal Mayor's Executive Order Enrollment 58-96 employees 10-22 employees Increased Claims Costs $274,000-$447,000 $38,000-$113,000 Increased Real Cost(after $140,000-$225,000 $17,000-$63,400 employee premiums are collected) Criteria Cohabitation for one year,3 Cohabitation for 6 months,2 out of 5 interdependence out of 3 interdependence documents,or an IRS documents defined dependent The following chart breaks down costs associated with the Mayor's Executive Order (similar to the Chart on page 1 of this memo detailing costs relating to the Council's proposal). 8 Costs associated with Mayors Executive Order(from previous PEHP analysis) Employee- paid Amount #of Premiums Actual (per pay Employees Generated Medical Cost period) enrolling (per year) (Claims) Difference Higher Range Utillization Double Coverage $ 85.02 11 $ 22,445 $ 32,189 $ (9,744) Family Coverage $ 101.51 11 $ 26.799 $ 80,473 $ (53,674) 22 $ 49,244 $ 112,662 Lower Range Utillization Double Coverage $ 85.02 8 $ 16,324 $ 23,410 $ (7,087) Family Coverage $ 101.51 2 $ 4.872 $ 14.632 $ (9,759) 10 $ 21,196 $ 38,042 a =r,y OPTIONS The following are the next steps for the Council to take in order to enact this policy: 1. Decide premium structure A or B(how to handle the increased costs). • The Council's subcommittee recommends option A. The subcommittee recommends that the Council offset the true increased costs(after premiums are collected)with fund balance($140,000-$225,000 depending on utilization). 2. The subcommittee recommends re-writing the bereavement/dependent leave ordinances to include adult designees and their immediate family. • After it is amended,the subcommittee then recommends that the bereavement/dependent leave ordinances be referred to the Citizens Compensation Advisory Committee,for an over-all evaluation of the City's bereavement/ dependent leave approach. The sub-committee recommends that the Council ask the CCAC to compare Salt Lake City's ordinance with other standards from around the country and best practices. The Council could also elect to have an additional briefing before advancing this issue. 9 ROCKY J. FLU HART 1�Lot%Tit���� 1PORA i YAM BOSS C. "ROCKY" ANDERSCIN CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF MANAGEMENT SERVICES MAYOR BRENDA R. HANCOCK DIVISION OF HUMAN RESOURCE MANAGEMENT DIRECTOR,HUMAN RESOURCE MANAGEMENT TO: Jennifer Bruno FROM: Jamey Knighton DATE: February 2, 2006 RE: Employee feedback related to Council benefit proposal We presented the Council's benefit proposal to the City's Benefit Committee as requested by the Council. The employee organizations were asked to provide written feedback for the Council to review. The attached documents were received from the employee organizations. If you need further information please let me know. AWARD UTAH QUALITY AWARD 1 995 451 SOUTH STATE STREET, ROOM 1 1 5, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: 80 1-535-790❑ • FAX: 801-535.661 4 �.�� accrc�co anaev TO: Jodi Langford FROM: Pat Peterson, Chair Professional Employees Council (PEC) DATE: January 31, 2006 SUBJECT: Vote on SLC Council Benefit Proposal The PEC asked its members if they would support the adoption of the SLC Council's Benefit Proposal. A total of 158 votes were received, a 17% turnout of available votes. Of the 158 votes: 50 votes supported the adoption of the proposed benefit and 108 votes did not support the adoption of the proposed benefit. The voting, as represented as a percentage, shows 68% of the vote against adoption of the proposed benefit as compared to a 31% in favor of the benefit. I have included all of the comments that were submitted: • I can't afford additional costs to my family. • I think both plans sound great, but don't penalize me (with the additional cost) if the city wants to extend benefits. • If the funding is not there, don't do it. • I don't support the council or the mayor's plans. • Both (the Mayor's and the proposed Council plan) will raise the cost to City employees. • I would support the proposed benefit if the individual persons/families who wish the have the benefit bore the cost. • This should be a National Health care program, not paid out of just City employees diminishing wages and general fund monies. • Personally, I feel that the Mayor's Executive Order is much more appropriate and cost effective (than the proposed Council plan). All employees deserve the same benefits regardless of sexual orientation. The Councils proposal is only a way to mask the underlying problem. The only reason I vote "Yes" is for the sake that the Mayor's Executive Order may be denied in court. As a homosexual and an employee of the City, I feel that I should have the same opportunities to support and provide for my family the same way that any other employee can and does. Thank you for allowing all employees to express their comments in regards to this issue. • If you don't have a legal relationship as defined by state statute, you don't qualify for benefits. • This (Council Proposed benefit plan) would be an opportunity for those who are not legally recognized as partners to provide coverage for their family since coverage is not available, due to a prevailing moral influence that wishes to deny or punish people and their dependants who find them selves in this situation. Although as stated, I approve of the inclusion of all, I vote no. I cannot financially afford the escalating additional costs. • Life is too uncertain these days to not have essential benefits. Everyone deserves to have them and one way or another we (as taxpayers or employees) will have to help pay. I choose to take an active and hopefully positive roll in how my money is spent. This ("Yes") vote is one way I can do that. • The council and the Mayor should have figured out how they were going to pay for their decision prior to making any announcements. Now they want our opinion and money after this (the Mayor's proposal) appears to be done deal? If the citizens of the city support the mayor and council they voted for then they need to pick up the total tab for inviting these additional individuals to the benefits banquet. • Are they kidding? Who would this cover? You can't cover parents over 65, you already cover children up to age 26 (or until they are married). Insurance has taken a huge chunk out of our pay checks by inflation every year why would we voluntarily raise the cost? If you cover more individuals you will have more use, therefore higher premiums the next year and we enter a never ending cycle. • I do not support the Council proposal for the following reasons: My co-pay for medical has risen from $20 to $25 to $40 with restricted physician access My prescription co-pay has risen from $10 to $20 to $50 with some drugs not being covered The Medco program is manipulative (they are associated with the drug manufacturer and they penalize regular pharmacies) While it would be nice if everyone had medical insurance— I am the one who works here and deserve to have better coverage before the program is spread even thinner To: Jodi Langford, Salt Lake City Corp. From: Ray Schelble,Retiree Representative, Salt Lake City Benefits Committee Re: Survey of SLC retirees on need to include Adult Designees on PEHP insurance A mailing was sent to all Salt Lake City retirees under age 65 who are currently covered by PEHP. It included relevant excerpts from the memo dated January 10, 2006, regarding "Benefits— Household/Adult Designee Proposal,"and a brief letter of explanation from me. The question was asked of these retirees whether they saw a need to implement a plan that extends coverage to these types of domestic arrangements. Respondents answered this question clearly and shared thoughts and concerns about the program. So far I have received three dozen responses from retirees from fire, police, water, engineering and public utilities, and I anticipate responses will continue after this has been delivered. None had a need nor saw a need for this type of coverage. Many did not respond, which also indicates a lack of interest among retirees in having this coverage. All who responded went beyond addressing the question asked. Many acknowledged that some current city employees and retirees may have a legitimate desire for this type of coverage,but all respondents opposed incorporating this coverage. Several potential problems were pointed out, but the bottom line for all was the impact this program would have on our PEHP premiums now and in the future. Specific retiree concerns about the adult designee program include: • That the possible benefits from the program could not possibly justify the expense and future risk to all the City's PEHP subscribers, and especially to retirees saddled with responsibility for paying a high percentage of premiums out of pocket. • That this program has the potential down the road to add costs well beyond the initial projections. • That a broad class of adult designees could bring a higher than normal liability to our risk pool, which would also add additional expense. • The potential this program could have for abuse. • That the city is considering increasing costs to redefine eligibility at a time when PEHP benefits are being steadily reduced to control costs. Retirees must pay most of their PEHP premium out-of-pocket. In recent years, double-digit increases in premiums and reduction of benefits to control costs have been common. Realistically, more of the same can be expected in the future. Insurance is a big expense for retirees, the largest bill for many, and each increase results in hardship. In summary, none of the respondents were against the concept of adult designees, but rather were against exposing our PEHP program to what they saw as needless expense and risk now and in the future. Salt Lake City retirees are greatly concerned by the additional financial burden this expanded coverage would add to already rising premium costs when we have been cutting back benefits in an attempt to keep health care costs under control. Respondents strongly urged that the city either look at another way to include adult designees that was equitable to all or to not pursue the program at all. In addition to those who voiced their opposition to the proposal, the complete lack of any positive response indicates that the majority of Salt Lake City retirees do not have a need or desire for this type of program. In general, the retirees who responded expressed appreciation at being asked for their input. Thank you for this opportunity. Langford, Jodi From: Tidrow, Jack Sent: Friday, January 20, 2006 9:53 AM To: Langford, Jodi Cc: Bruno, Jennifer; Peterson, Marty Subject: Household/adult designee proposal Categories: Program/Policy Just as I stated when the Mayor's Domestic Partner Plan was released-the concept of offering this plan (or any added benefit to employees) is good, as long as we take care of business in the process. Here are the concerns that I brought up at the Benefits Committee on the 17th of January: 1. If we are going to commit time and money to new programs, we should probably look at ways to benefit our current and future retirees first. Or at least as part of this proposal somehow. 2. Under the definition of adult designee, the underlined paragraph: "An employee who is currently married may not add an adult designee to the City's insurance plan". Without a doubt, this sentence will be hard for current enrollees to accept. This sentence shows a major gap in equity—especially in a proposal that is allegedly being created on the basis of creating equity. I also question whether or not it would be legal. 3. Plan manageability. The Domestic Partner Proposal appears to be stricter and more than likely easy to manage. The Household/Adult Designee Proposal may become a nightmare to manage. 4. Cost. Both concepts will add cost, and at some point will impact our current enrollees' pocket. Any employee that is not personally benefiting from this program will have major opposition to paying more personally for the City to offer this. 5. One-time money to fund the first year of the proposal was discussed on the 17th. Good idea. But as several of us at the meeting echoed, we then could look at using one-time money to always fund it. And if one-time money were to be considered at all, my suggestion would be to first look at a retirement incentive plan or reduced insurance premium cost for retirees (to help address point#1). Thank you for taking the time to accept our comments on this subject. Jack Tidrow, President IAFF Local 1645 1 The 500 series employees discussed the issues surrounding the proposed City Council's plan to expand the definition of eligibility for insurance coverage. The consensus is that we are not opposed to it, but DO NOT want it to cost our members anything; not the first year, nor any year thereafter. We, as a group, did not ask for this and do not feel we should have to pay for an added expense the city chooses to impose. The city should cover the added expense or pass the expense on directly to those who choose to avail themselves of this benefit. The plan proposed by the Mayor seems to have less potential for abuse and fraud. However, the 500 Series feels the same way about the costs of the plan. Either the City should shoulder the burden of the cost, or the premium increase should be paid by the employees availing themselves of the benefit. If either plan is adopted, the 500 Series feels there should be repercussions for any fraud or abuse. There should be a reimbursement to the city for ANY cost incurred, as well as termination for the fraud. Page I of 1 • Langford, Jodi From: Jones, Kyle Sent: Tuesday, January 31, 2006 4:40 PM To: Langford, Jodi Subject: FW: Vote on accepting Council Proposal to Insurance Benefits Not all of the Captains responded but of those that did you have two yes votes and one no vote. From: Rickards, Jack Sent: Wednesday, January 25, 2006 1:11 PM To: Jones, Kyle Subject: Yes: Vote on accepting Council Proposal to Insurance Benefits Captain Jack B. Rickards Internal Affairs/Training Division 801-799-3812 1/31/2006 , Feb 01 06 02: 50p Patt Rich 801 -532-1064 p. 2 f‘ AFSCME LOCAL #1004 868 South McClelland Street•Salt Lake City, Utah 84102 801-532-1009 1-800-352-2001 FAX 801-532-1064 In State Toll Free PATTY RICH Executve Director Executive Board WIICHAELD.MILLER February 1, 2006 President RICK NUESMEYER Vice President JENNIFER MAJOR Secretaryfrreasurer KITTY DURFEY Ms. Jodi Langford Recording Secretary ERNEST L.GARCIA Benefits Coordinator Executive Board Member Salt Lake City Corporation Ex PARMecuti PATRICKveBoard member 451 South State Street CURTIS TADEHARA Salt Lake City, Utah 84102 Executive Board Member Board of Trustees Dear Jodi: JANYCE FOWLES PAUL MIDKIFF DEBORAH MARTIN We have had the opportunity to review the City Council's proposal on Adult Designee/Household Benefits. While we support the idea of providing coverage to those who may not be able to obtain insurance coverage elsewhere, we are unable to commit to the current proposal. We have not had ample time to obtain insight from our membership. As I am sure you are aware, the majority of our membership is married, and this proposal would exclude them. Yet, the City would be asking that they pay for the additional coverage after this year. Further, the proposal Iacks sufficient information about current costs and future costs. We acknowledge the City's willingness to cover the costs this year, but no one seems to know what the costs to the employees would be in the future. The employees will be required to pay more for insurance this year as it is, and asking them to pay more for insurance they don't have access to will only add insult. THE UNION FOR PUBLIC EMPLOYEES Feb 01 06 02: 51p Patty Rich 801 -532-1064 p• 3 Ms. Jodi Langford Benefits Coordinator February 1, 2006 Page Two Again, we respect the Council's desire to provide for those without coverage and we hope that a proposal can be made that will benefit all employees equally. Sincerely, AFSCME LOCAL 1004 c /, //, / Michael D. Miller Patty Ri President Executive Director SALT LAKE CITY ORDINANCE No. of 2006 (Enacting Section 2.52.100 of the Salt Lake City Code Pertaining to Benefits for Employee Dependents) AN ORDINANCE ENACTING SECTION 2.52.100, SALT LAKE CITY CODE, RELATING TO BENEFITS FOR EMPLOYEE DEPENDENTS. Be it ordained by the City Council of Salt Lake City, Utah, as follows: SECTION 1. Section 2.52.100 of the Salt Lake City Code, pertaining to certain benefits for employee dependents, shall be and hereby is, enacted to read as follows: 2.52.100 Benefits for Dependents of Employees: A. The City shall provide for the participation of an employee's spouse and children in the employee benefit programs for medical, dental, life, accidental death and dismemberment, long term care, home, auto, or legal insurance, and employee assistance and for the continuation of such benefits. In addition, an unmarried employee may designate one"Adult Designee" and the "child" or"children"of the Adult Designee. The option to designate an "Adult Designee" (and the Adult Designee's children) shall not apply to retirement benefit programs under the state retirement system, to benefits provided under the federal Family Medical Leave Act or to medical and dependent care flex accounts programs established under federal law. An"Adult Designee" is an individual who is not the spouse of the employee and meets all of the following criteria: (a) has resided in the same domicile with the eligible employee for at least the past consecutive twelve(12) months and intends to remain so for a period of time; (b) is at least eighteen(18) years of age; and (c) is directly dependent upon, or interdependent with the employee, sharing a common financial obligation. Acceptable documentation shall include: i. Any Internal Revenue Service ("IRS") form defining the Adult Designee as a dependent; or ii. Any three of the following five documents: 1. A joint loan obligation, mortgage, lease, or joint ownership of a vehicle; 2. A life insurance policy, retirement benefits account, or will designating the Adult Designee as beneficiary thereto, or will of the City employee or the Adult Designee which designates the other as executor; 3. A mutually granted power of attorney for purposes of healthcare or financial management; 4. Proof showing that the City Employee or Adult Designee is authorized to sign for purposes of the other's bank or credit account; 5. Proof of a joint bank or credit account. (d) the employee agrees to sign a notarized statement with attached documentation listed in (b)(i)or(ii) herein which shall be filed with Human Resources and shall attest to the authenticity and truthfulness of the documents and the statements as set forth in (a) and (b) above. B. Section 2.52.030 notwithstanding, this section shall apply to elective officials, their administrative assistants, their personal secretaries, and heads of departments. This section shall 2 also apply to civil service personnel of the police and fire departments through the applicable agreements of their certified bargaining representatives with the City. SECTION 2. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2006. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. _Vetoed. MAYOR ATTEST: CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2006. APPROVED AS TO FORM Published: Salt take pity Attorney Mice s s By _ I:\Ordinance 06\Adult Designee--Feb 3,2006 clean.doc 3 SALT LAKE CITY ORDINANCE No. of 2006 (Bereavement Leave and Dependent Leave Related to An Adult Designee of An Employee) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE 27 OF 2005, WHICH APPROVED THE COMPENSATION PLAN FOR EXECUTIVE EMPLOYEES AND ELECTED OFFICIALS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the attached amendments to the Compensation Plan for Executive Employees and Elected Officials adopted by Salt Lake City Ordinance 27 of 2005. Three copies of said Compensation Plan amendments shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The amendments to the Compensation Plan shall not apply to employees whose employment terminated prior to the effective date of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2006. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. .�..�.s .� . .,., .., ,A to. ,-, ,-:.f. MAYOR ,. ATTEST: CHIEF DEPUTY CITY RECORDER APPROVED A!T 1 FOnfiA (SEAL) Salt Lake City Attorne.',( lca Date '� Bill No. of 2006. OF Published: I:\Ordinance 06\Bereavement Leave Ordinance-executive-01-31-06 draft.doc 2 COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION EXECUTIVE EMPLOYEES AND ELECTED OFFICIALS I. EFFECTIVE DATE The provisions of this plan shall be effective commencing June 19, 2005, and as amended effective [date to be determined when issue is heard by Council], 2005. II. EMPLOYEES COVERED BY THIS PLAN Employees subject to this plan shall be the Elected Officials and those full-time City employees classified as "Executive" employees. "Executive" employees are "appointed" and "at-will" employees serving at the pleasure of the Mayor(or the City Council if they are employees of the Office of the City Council). Employees are not covered by the paid leave provisions of this plan while they are on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of certain leave benefits as provided by city ordinance. III. WAGES AND SALARIES A. Elected Officials The annual compensation of elected officials shall be as provided in APPENDIX "A." B. Executive Employees From July 1, 2005 to June 30, 2006, Executive employees shall be paid within ranges provided in the schedule attached hereto as APPENDIX "B." Any performance-based pay adjustment above the "Base Pay Maximum" of the range will be given as a supplemental payment not added to base. In no case will such annual supplemental payment%when divided by 26 and added to the base pay adjustment3/4be allowed to exceed the "Range Maximum." C. Other Forms of Compensation The foregoing shall not restrict the Mayor from distributing appropriated moneys to employees of the City in the form of lump sum supplemental performance-based or special supplemental payments to employees within per annum pay limitations. The Mayor, with the prior written advice and consent of the City Council, may in a writing filed with the City Recorder, grant a retention incentive benefit, if one is necessary to meet employment market conditions or where it would be in the City's best interests to do so. IV. LONGEVITY PAY Executive employees shall not be eligible for longevity benefits. 3 V. OVERTIME COMPENSATION Executive employees do not receive overtime compensation. VI. ALLOWANCES A. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for actual expenses reasonably incurred in the performance of City business. Advancement or reimbursement shall be approved only for expenses documented and authorized in advance within budget limitations established by the City Council. B. Automobiles. 1. Under City policy, the Mayor may authorize an employee to utilize a City vehicle on a take-home basis, and shall, as a condition of receipt, require said employee to reimburse the City for a portion of the take-home vehicle cost as provided in City ordinance. 2. Employees who are authorized to use, and who do use, privately owned automobiles for official City business, shall be reimbursed for the operation expenses of said automobiles at a rate as specified in City policy. 3. A car allowance may be paid to Executive employees, as determined by the Mayor, at a rate not to exceed $400 per month. C. Uniform Allowance. Employees shall be provided the following monthly uniform allowances when required to wear uniforms in the performance of their duties: 1. Fire Department Executive employees shall be provided uniforms or uniform allowances to the extent stated in Fire Department policy number 122. 2. Uniforms or uniform allowances for Police Executive employees shall be provided to the extent stated in Police Department policy. D. Other Allowances. The Mayor may, within budgeted appropriations, authorize the payment of other allowances in extraordinary circumstances (as determined by the Mayor) and as dictated by City needs. VII. HOLIDAYS AND VACATION Employees shall receive holidays and vacation as provided in this paragraph VII. Employees do not earn or receive holiday and vacation benefits while on an unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of certain leave benefits as provided by city ordinance. 4 • A. Holidays 1. The following days shall be recognized and observed as holidays for employees covered by this plan. Such employees shall receive their regular rate of pay for each of the unworked holidays: a. New Year's Day, the first day of January. b. Martin Luther King, Jr. Day, the third Monday of January. c. President's Day, the third Monday in February. d. Memorial Day, the last Monday of May. e. Independence Day, the fourth day of July. f. Pioneer Day, the twenty-fourth day of July. g. Labor Day, the first Monday in September. h. Veteran's Day, the eleventh day of November. i. Thanksgiving Day, the fourth Thursday in November. j. Day after Thanksgiving Day. See holiday exception below. k. Christmas Day, the twenty-fifth day of December. 1. One personal holiday, taken upon request of the employee. 2. When any holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council. 3. No employee shall receive in excess of one day of holiday pay for a single holiday. Employees must work or be on authorized leave their last scheduled working day before and the next working day following the holiday to qualify for holiday pay. 4. Holiday exception. In lieu of taking the day after Thanksgiving Day as a holiday, employees may observe this holiday up to 50 days prior to Thanksgiving. B. Vacations 5 1. Employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions in this paragraph. For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded on the 27th pay period. 2. For Executives other than Department Directors and those named in paragraph 3. below, the following schedule shall apply: Years Hours of Vacation Accrued of Consecutive Per Biweekly City Service Pay Period 0 to end of year 3 3.08 4 to 6 3.69 7 to 9 4.62 10to 12 5.54 13 to 15 6.15 16to 19 6.77 20 or more 7.69 3. For Department Directors, the Mayor's Chief of Staff, up to two additional senior executive positions in the Mayor's Office as specified by the Mayor,the Executive Director of the City Council, and the Director of the Redevelopment Agency, the following schedule shall apply: Years Hours of Vacation Accrued of Consecutive Per Biweekly City Service Pay Period 0 to end of year 14 6.15 15 or more 7.69 4. Executive Employees other than Department Directors and those named in paragraph 3. above may accumulate vacation hours (including both accrued 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: Up to 9 years Up to 240 hours 6 After 9 years Up to 280 hours After 14 years Up to 320 hours Department Directors and those named in paragraph 3. above may accumulate up to 320 hours of vacation without regard to their years of employment with the City. Any vacation accrued beyond said maximums shall be deemed forfeited unless utilized prior to the end of the calendar year in which the maximum has been accrued. However, in the case of an employee returning from an unpaid military leave of absence,related provisions under city ordinance shall apply. 5. Vacation Buy Back. The City may purchase within any 12-month period up to, but not exceeding, 80 hours of earned and accrued vacation time, to which an employee is entitled as authorized in this paragraph, with the consent of said employee and upon favorable written recommendation of the employee's Department Director and approval by the Chief Administrative Officer or the Mayor, or by the Chair of the City Council for City Council executives. Said purchase of accrued vacation time may be authorized, in the discretion of the City,when, in its judgment, it is demonstrated that: a. The cash payment in lieu of vacation time use shall not interfere with an employee's performance or create an unreasonable hardship on said employee. b. There is a demonstrated need for the City to retain the services of the employee for said vacation time. c. There are sufficient funds in the Department budget to pay for the vacation time as certified by the City Chief Administrative Officer or designee, without disturbing or interfering with the delivery of City services. d. 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 City. e. The City shall make a diligent effort to provide employees their earned annual vacation, and shall, through appropriate management efforts, seek to minimize the recommendations for cash payments in lieu of vacation use. Any vacation purchased by the City shall be considered to be an extraordinary circumstance and not a fringe benefit of the employee. VIII. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. 7 A. Benefits in this section are for the purpose of continuing income to employees during absence due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act (FMLA). This is a federal law that provides up to 12 weeks of unpaid leave each year and protects jobs and health care benefits for eligible employees who need to be off work for certain "family and medical" reasons. APPENDIX D outlines the FMLA rights and obligations of the employee and the City. The City requires all employees using FMLA leave to exhaust their paid leave allotments for FMLA-qualifying events prior to taking FMLA leave unpaid. The paid leave parameters are defined in this Compensation Plan. Employees do not earn or receive leave benefits under this Section VIII. while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. B. Executive employees shall receive benefits in this section, either under a plan as provided in paragraph VIII.D. (Plan"A"), or as provided in paragraph VIII.E. (Plan"B"). C. Executive employees hired on or after November 16, 1997 shall participate in Plan B. All other employees shall participate in the plan they participated in on November 15, 1998. D. Plan "A." 1. Sick Leave. a. Sick leave shall be provided for Executive employees under this Plan"A" as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish rules governing the interfacing of sick leave and Workers' Compensation benefits and avoiding, to the extent allowable by law, duplicative payments. b. Each Executive employee under this Plan "A" shall accrue sick leave at a rate of 4.62 hours per pay period. Exception: For any plan year in which there are 27 pay periods, no sick leave hours will be accrued on the 27th pay period. Authorized and unused sick leave may be accumulated from year to year subject to the limitations of this plan. c. Under this Plan "A," Executive employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave grant from any given year to vacation leave. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. (1) Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying his or her Personnel/Payroll Administrator, in writing not later than the second payperiod of the new calendar year. Otherwise, the opportunity to waive conversion, or elect conversion other than the maximum allowable amount shall be deemed waived for that calendar year. In no event shall sick leave days be converted from other than the current year's sick leave allocation. 8 (2) Any sick leave hours, properly converted to vacation benefits as above described, shall be taken prior to any other vacation hours to which the employee is entitled;provided,however, that in no event shall an employee be entitled to any pay or compensation upon an employee's termination for any sick leave converted to vacation. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. 2. Hospitalization Leave a. Hospitalization leave shall be provided for employees under this Plan"A," in addition to sick leave authorized hereunder, as insurance against loss of income when employees are unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital inpatient admission. b. Employees shall be entitled to 30 days of hospitalization leave each calendar year. Hospitalization leave shall not accumulate from year to year. Employees may not convert hospitalization leave to vacation or any other leave, nor may they convert hospitalization leave to any additional benefit at time of retirement. c. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine), for a scheduled surgical procedure, may report the absence from the regular work schedule while in the hospital as hospitalization leave. d. Employees who must receive urgent medical treatment at a hospital, emergency room, or acute care facility, and who are unable to perform their duties during a shift due to urgent medical treatment, may report the absence from the affected shift as hospitalization leave. For purposes of use of Hospitalization Leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected work day. e. Employees who are admitted as an inpatient to a hospital for medical treatment, so they are unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. f. Medical treatment consisting exclusively or primarily of post-injury rehabilitation or therapy treatment, whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. g. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Bereavement Leave 9 a. Under this Plan "A"time off with pay will be granted to an employee who suffers the loss of a wife, husband, child, mother, father, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or the child, mother, father, brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid his or her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral leave or memorial service leave on the day following the service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. b. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before , 2006. bc. In the event of death of a brother-in-law, sister-in-law, uncle, aunt, niece, nephew, or first cousin to the respective employee, said employee will be paid for time off from scheduled working hours while attending the funeral or memorial services for such person, not to exceed one shift. I ed. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay, not to exceed four hours, or may use available vacation leave while attending the funeral or memorial services for such person. I de. In the event the death of any member of the immediate family as set forth in this paragraph VIII.D.3(a)occurs while an employee is on vacation, his or her vacation will be extended by the amount of time authorized as bereavement leave under said paragraph. Ief. The provisions of this paragraph shall not be applicable to employees who are on leave of absence other than vacation leave. 4. Dependent Leave. a. Under Plan "A," dependent leave may be requested by a Full-Time employee covered by this Compensation Plan for the following FMLA qualifying reasons: (See APPENDIX D.) 1. Becoming a parent through birth or adoption of a child or children. 2. Placement of a foster child in the employee's home. 3. Due to the care of the employee's child, spouse, or parent with a serious health condition, or if an employee has designated an adult designee, then due to the care of the adult designee or the child of the adult designee with a serious health condition. 10 Adult designees and the child of the adult designee are not covered by FMLA. b. Under Plan"A," dependent leave may also be requested by an employee to care for an employee's child, spouse or parent who is ill or injured but who does not have a serious health condition, or if an employee has designated an adult designee, then dependent leave may also be requested by an employee to care for the adult designee or the child of the adult designee who is ill or injured but who does not have a serious health condition. c. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this dependent leave benefit is not effective before , 2006. ed. The following provisions apply to the use of dependent leave by an Executive employee. l. Dependent leave may be granted with pay on a straight time basis. 2. If the employee has accumulated and available unused sick leave, the employee shall be entitled to use as dependent leave such accumulated and available unused sick leave. 3. The employee shall give notice of the need to take dependent leave and the expected duration of such leave to to his or her supervisor as soon as possible under the circumstances. 4. An employee's sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this paragraph provided, however, that up to 40 hours of dependent leave used during the calendar year will not affect the sick leave conversion options as outlined in paragraph VIII.D.l.c. 5. Retirement Benefit. a. Persons who retire under the eligibility requirements of the Utah State Retirement Systems will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25%of the accumulated sick leave days reserved for the benefit of said employee at the date of the employee's retirement. b. In lieu of the above, employees may elect to convert the sick leave grant provided above to hospital and surgical coverage. If such an election is made in writing, 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee's available sick leave account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase, the number of 11 months of coverage will decrease. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. E. Plan"B." 1. The benefit Plan Year of Plan "B" begins in each calendar year on the first day of the pay- period that includes November 15. Under this Plan`B,"paid personal leave shall be provided as insurance against loss of income when an Executive employee needs to be absent from work because of illness or injury, to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee's own illness or disability—or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the City and any policies regarding the use of such leave adopted by the department in which the employee works. 2. Each Executive employee under this Plan"B" shall be awarded personal leave hours each pay period based on the following schedule: Months of Consecutive Hours of Personal City Service Leave Less than 6 1.54 Less than 24 2.31 24 or more 3.08 For any plan year in which there are 27 pay periods, no personal leave hours will be awarded on the 27th pay period. 3. Not later than October 31st in each calendar year, employees covered by Plan"B"may elect, by notifying their Personnel/Payroll Administrator in writing, to: a. Convert any unused personal leave hours available at the end of the first pay period of November to a lump sum payment equal to the following: For each converted hour, the employee shall be paid 50 percent of the employee's hourly base wage rate in effect on the date of conversion. In no event shall total pay hereunder exceed 40 hours pay, or b. Carryover to the next calendar year up to 80 unused personal leave hours, or c. Convert a portion of unused personal leave hours to a lump sum payment as provided in subparagraph (a) above and carry over a portion as provided in subparagraph(b) above. 12 4. Maximum Accrual. A maximum of 80 hours of personal leave may be carried over to the next plan year. Any personal leave hours unused at the end of the plan year in excess of 80 shall be converted to a lump sum payment as provided in subparagraph 3.a above. 5. Termination Benefits. At termination of employment for any reason, accumulated unused personal leave hours shall be paid to the employee at 50 percent of the hourly base wage rate on date of termination for each unused hour. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour. b. Executive employees must give their supervisors as much prior notice as possible. 7. Bereavement Leave. a. Under this Plan`B," time off with pay will be granted to an Executive employee who suffers the loss of a wife, husband, child,mother, father,brother, sister, father-in-law,mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee. then the adult designee or the child,mother, father,brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid his/her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral leave on the day following the funeral or memorial service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. b. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before , 2006. bc. In the event of death of an uncle, aunt, niece, nephew, or first cousin to the respective employee, said employee shall be allowed to use personal leave or vacation for time off from scheduled working hours to attend the funeral or memorial service for such person. I ed. In the event of death of friends or relatives not listed above, an employee may be allowed to use personal leave for time off to attend the funeral or memorial service for such person, subject to the approval of his/her immediate supervisor. 8. Career Enhancement Leave, Plan "B." An Executive employee covered under this Plan "B" is eligible, after 15 years of full-time service with the City, to be selected to receive up to two weeks of career enhancement leave. This leave could be used for formal training, informal 13 course of study,job-related travel, internship, mentoring or other activity which could be of benefit to the City and the employee's career development. Selected employees shall receive their full regular salary during the leave. Request for this leave must be submitted in writing to the Mayor, stating the purpose of the request and how the leave is intended to benefit the City. The request must be approved by the Mayor. 9. Plan "B" Retirement Benefit. a. Executive employees covered under Plan`B" shall have a Plan B Retirement Benefit as follows: (1) Executive employees appointed before January 1, 1989, and who elected in 1997 to be covered under Plan"B," and who remain covered under Plan"B," will have a Plan B Retirement Account equal to 60 percent of unused sick leave accrued after December 31, 1988 and available on November 16, 1997), minus any hours withdrawn from that account since it was established. (2) Executive employees appointed before January 1, 1989, and who elected in 1998 to be covered under Plan"B," will have a Plan B Retirement Account equal to 50 percent of unused sick leave accrued after December 31, 1988 and available on November 14, 1998, minus any hours withdrawn from that account since it was established. (3) Executive employees who were appointed on and after January 1, 1989 and before November 16, 1997, and whose current participation in Plan `B" began in 1997, shall have a Plan B Retirement Account equal to 60 percent of accrued unused sick leave available on November 16, 1997, minus any hours withdrawn from that account since it was established (4) Executive employees who were appointed on and after January 1, 1989 and before November 16, 1997, and whose current participation in Plan "B" began in 1998, shall have a Plan B Retirement Account equal to 50 percent of accrued unused sick leave available on November 14, 1998, minus any hours withdrawn from that account since it was established (5) Said employees participating in Plan `B" shall have no other accumulated sick leave except for those hours, if any, provided in paragraphs XVII.A.l.a. and under this section VIII.E.9. Sick leave hours accrued by Executive Employees on or before December 31, 1988 shall not be included in the "Plan B Retirement Account." (6) (a) At retirement Executive employees under Plan `B" shall be paid at the employee's hourly rate of pay on date of retirement for each hour in the employee's Plan B Retirement Account. (b) In lieu of the above, the Executive employee may elect, in writing, to convert the payment as provided herein to hospital and surgical coverage. Such payment shall be subject to any state and federal income and social security tax as fully required by law. The employee's available 14 Plan B Retirement Account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase, the number of months of coverage will decrease. (c) Hours may be withdrawn from the Plan B Retirement Account for emergencies after personal leave hours are exhausted, and with approval of the Mayor. Said hours may also be used as a supplement to Workers' Compensation benefits which, when added to the employees' Workers' Compensation benefits, equals the employee's regular net salary. The employee must make an election in writing to the Mayor to use said hours to supplement Workers' Compensation benefits. 10. Short Term Disability Insurance, Plan"B." Protection against loss of income when an employee is absent from work due to short term disability shall be provided to employees covered under Plan"B" through short term disability insurance(SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with the terms determined by the City. As one of the conditions of receiving SDI, the employee may be required to submit to a medical examination by a physician of its choosing. IX. MILITARY LEAVE AND JURY DUTY A. Leave of absence for employees who enter uniformed service. An employee who enters the service of a uniformed services of the United States, including the United States Army, United States Navy, United States Marine Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, or the commissioned corps of the Public Health Service, shall be entitled to be absent from his or her duties and service from the City without pay as required by state and federal law. Said leave shall be granted for no more than five cumulative years, consistent with the federal Uniform Services Employment and Reemployment Act. B. Leave while on duty with the armed forces or Utah National Guard. Employees covered by this Compensation Plan who are or who shall become members of the reserves of a federal armed forces, including United States Army, United States Navy, United States Marine Corps, United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent on duty with such agencies. This leave shall be in addition to the annual vacation leave with pay. To qualify, employees claiming the benefit under this provision shall provide documentation to the City demonstrating duty with such agencies. Duty herein need not be consecutive days of service. C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the State and Federal Courts subject to the conditions hereinafter set forth. No reduction in an employee's salary shall be made for absence from work resulting from 15 such jury service. On those days that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours from the City, he or she shall forthwith return to and carry on his or her regular City employment. X. INJURY LEAVE A. Injury Leave. The City shall establish rules governing the administration of an injury leave program for executive employees of the Operations Division of the Department of Airports who are required to carry firearms as part of their jobs, under the following qualifications and restrictions: 1. The disability must have resulted from a documented injury arising out of the discharge of official duties and/or while exercising some form of necessary job related activity as determined by the City; 2. The employee must be unable to return to work due to the injury as verified by a licensed physician acceptable to the City; 3. The leave benefit shall not exceed the value of the employee's net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as Workers' Compensation, social security, long term disability or retirement benefits, or any form of governmental relief whatsoever; 4. The value of benefits provided to employees under this injury leave program shall not exceed the total of$5,000 per employee per injury; unless approved in writing by the Mayor upon receipt of an acceptable treatment plan and consultation with the City's Risk Manager; 5. The City's Risk Manager shall be principally responsible for the review of injury leave claims provided that appeals from the decision of the City's Risk Manager may be reviewed by the Director of the Department of Management Services who may make recommendations to the Mayor for final decisions; 6. If an employee is eligible for Workers' Compensation as provided by law; and is not receiving injury leave pursuant to this provision, said employee may elect in writing to the Director of Management Services to use either accumulated sick leave or hours from the Plan "B" retirement account, if applicable and authorized vacation time to supplement Workers' Compensation so that the employee is receiving the employee's regular net salary. XI. ADDITIONAL LEAVES OF ABSENCE. Additional unpaid leaves of absence may be requested in writing and granted an employee at the discretion of the Department Director or Mayor. XII. INSURANCE 16 A. Group Insurance. Employees of the City will be required to enroll for single coverage in the City's group medical insurance plan in conformity with and under the terms of an insurance plan adopted by the City, as permitted by ordinance. The City will provide the employee a basic term life and accidental death plan. The City will also make available other bonafide benefit programs. Retired City employees and their eligible dependents may also be permitted to participate in the City's medical, dental plans under terms and conditions established by the City. The City shall cause the specific provisions of the group plan to be detailed and made available to the employees. The City will deduct from each payroll all moneys necessary to fund the employee share of insurance coverage and make all payments necessary to fund the plan within budget limitations established by the City Council. B. The City will participate in the Nationwide Post Employment Health Plan, as adopted by the City by ordinance. The City will contribute $600.08 per year(prorated per employee's biweekly pay period) into each employee's Nationwide Post Employment Health Plan account. XIII. WORKERS' COMPENSATION A. In addition to the foregoing, the Mayor may provide for Workers' Compensation coverage to the employees under applicable provisions of State statute. XIV. LONG TERM DISABILITY COMPENSATION Optional long term disability is available to employees eligible under the City's Long Term Disability Program (Income Protection Program), subject to the terms and conditions of the plan. This program provides continuation of income to employees of the City who are permanently and totally disabled as defined under the program. XV. SEPARATION FROM SERVICE A. Social Security Adopted. The City hereby adopts the provisions of the Federal Social Security system and applies and extends the benefits of the old age and survivor's insurance of the Social Security Act to employees. B. Retirement Programs. The City hereby adopts the Utah State Retirement System for providing retirement pensions to employees covered by the plan. The City may permit or require the participation of employees in its retirement program(s) under terms and conditions established by the Mayor and consistent with state law.. Such programs may include: 1. The Utah State Public Employees'Retirement System (Contributory and Non- Contributory) 2. Deferred Compensation Programs 17 3. Retirement Incentive Programs C. The 2005-2006 fiscal year retirement contribution rates for employees covered by this paragraph are shown in Appendix C. D. At-Will Employees Executives and other persons in appointed positions are not eligible for layoff benefits because they are "appointed," "at will" employees serving at the pleasure of the Mayor(or City Council for employees of the Office of the City Council). E. Separation from Employment Due to Resignations or Otherwise. 1. Every employee who is separated from City employment for any reason shall be paid for: a. Earned vacation time accrued, unused, and unforfeited as of the date of termination; b. Unused compensatory time off; and c. If a participant in"Plan B," any accrued and unused personal leave in accordance with paragraph VIII.E.5.of this chapter. d. The balance of the sick leave account specified in XVI.A.1.a., if appointed before January 1, 1989. XVI. SEVERANCE BENEFIT A. Subject to availability of funds, Executive employees shall receive the following severance benefit on termination of their employment: 1. Current Executive Employees, Who Were Appointed as Executives Before January 1, 1989. Current Executive employees, who were appointed as Executives before January 1, 1989, shall receive a severance benefit determined as follows: a. Executive employees who have an account, established by prior City policy, and which was credited with a cash value equal to the total accrued sick leave hours available to the employee on December 31, 1988, multiplied by said employee's hourly rate of pay in effect on December 31, 1988, are vested in that account. The hours included in this account are separately accounted for and are not included in the "Plan B Retirement Benefit" under VIILE.9.a. Upon the voluntary or involuntary termination of employment from the City, these Executive employees shall receive, at the time of separation, the cash value of their vested account. However, Executive employees, may, during their employment, use the hours in that account for sick leave purposes, although such use will reduce the cash value of the account. 18 b. Current Executive employees, appointed before January 1, 1989, who are terminated not for cause shall receive, as a severance benefit, in addition to subparagraph A.l.a. above: One month's base salary pay, determined on the effective date of termination, for each year of City employment calculated on a pro-rata basis, not to exceed 6 months' base salary. This additional severance benefit shall be provided only if the termination from City employment is involuntary. 2. Current Executive Employees Appointed As Executives on or After January 1, 1989, and before January 1, 2000. Executive employees, appointed as Executives on or after January 1, 1989 and before January 1, 2000, who are terminated not for cause, shall receive a severance benefit,but only for an involuntary termination from City employment. The severance benefit for said employees shall be: One month's base salary pay, for each year of City employment before January 1, 2000, calculated on a pro-rata basis, not to exceed 6 months' salary. 3. Current Executive Employees Appointed As Executives on or After January 1, 2000. Executive employees, appointed as Executives on or after January 1, 2000, who are terminated not for cause, shall receive a severance benefit, but only for an involuntary termination from City employment. a. Except for the position of Chief Administrative Officer, the severance benefit for said employees shall be: One week's base salary pay, determined on the effective date of termination, for each year of City employment calculated on a pro-rata basis, not to exceed 6 weeks' base salary. b. The severance benefit for Chief Administrative Officer shall be: One month's base salary pay, determined on the effective date of termination, for each year of City employment calculated on a pro-rata basis, not to exceed 6 months' base salary. 4. Exception: The Mayor, with the prior written advice and consent of the City Council, may in a writing filed with the City Recorder, grant a larger severance benefit than specified under 3. above, if one is necessary to meet employment market conditions or where it would be in the City's best interests to do so. 5. Not Eligible for Benefit. The severance benefit provided herein shall not be granted to the following employees: a. An employee who, at the time of termination of employment, has been convicted, indicted, charged or is under active criminal investigation concerning a public offense involving a felony or moral turpitude. This provision shall not restrict the award of full severance benefits should such employee subsequently be found not guilty of such charge or if the charges are otherwise dismissed. 19 b. An employee who has been terminated or asked for a resignation by the Mayor, Chief Administrative Officer or Department Director under bona fide charges of nonfeasance, misfeasance or malfeasance in office. 6. Replaces Retirement Election. An employee who elects and is paid a benefit by the City pursuant to retirement election is not eligible to receive a severance benefit as provided herein, except as provided under paragraph A.1.a. above. XVIII. AUTHORITY OF THE MAYOR Employees covered by this compensation plan may be appointed, classified, and advanced under rules and regulations promulgated by the Mayor, or the Civil Service Commission, if applicable, within budget limitations established by the City Council. XIX. APPROPRIATION OF FUNDS All provisions in this compensation plan that involve the expenditure of funds are subject to appropriation of funds for such purposes. Appendix A—Elected Officials Salary Schedule Bi-Weekly Rates July 1, 2005 Mayor $4,028.32 Council Members $805.66 Appendix B - Executive Salary Schedule Bi-Weekly Rates July 1, 2005 Range Class Range Min Range Mid Base Max Range Max Position 099 $5,112.20 $6,645.50 $7,310.50 $8,178.80 Executive Director of Airports 001 $3,522.70 $4,575.30 $5,033.10 $5,628.00 City Attorney Chief Adm. Officer/Director, Mgt. Services 20 • 002 $3,215.00 $4,175.50 $4,593.30 $5,135.90 Chief of Police Director- Public Utilities Director- Public Services Fire Chief Director- Community& Economic Development Executive Director- City Council Deputy City Attorney 003 $3,038.00 $3,920.10 $4,311.70 $4,801.30 Chief of Staff Senior Advisor Senior Advisor for Economic Development Executive Assistant Chief- Police Deputy Director- Public Services Deputy Director- Management Services Deputy Director- Public Utilities Director of Operations - Airport Director- Adm. & Commercial Services Director- Finance & Accounting-Airports City Engineer City Prosecutor Chief Information Officer Director, Redevelopment 004 $2,765.40 $3,568.40 $3,925.00 $4,371.30 Assistant Chief- Police Deputy Fire Chief Planning Director Deputy Director- City Council Deputy Director-DCED Division Director- Human Resources Mgt. Director- Budget&Policy 21 Planning, Env. & Capital Prog. Director Finance Director Director of Airport Maintenance Director of Engineering - Airport 005 $2,614.50 $3,373.30 $3,710.40 $4,131.40 Building Official Transportation Engineer Administrator- Public Utilities Fin. &Admin. Chief Engineer- Public Utilities Adm. Services Director - Public Services Water Quality& Treatment Administrator City Treasurer Director, Housing & Neighborhood Development Assistant to Mayor- Policy& Spec. Projects Director of Youth Programs 006 $2,426.80 $3,131.80 $3,444.30 $3,836.00 Executive Assistant to Mayor Recreation Director Justice Court Judge City Recorder Director - PR/Marketing - Airport City Courts Director Chief Procurement Officer Director, Gallivan Center & Community Events Appendix C - Retirement Contributions Schedule UTAH STATE RETIREMENT CONTRIBUTIONS FY 2005/2006 22 • Utah State Retirement System Employee Contribution Total Employee Contribution Paid by City Total Employer Contribution Grand Total Contribution Exempt Plan Department Heads 0 0 18% 18% Mayor's Chief of Staff 0 0 18% 18% Up to two additional senior executives in the Mayor's Office as specified by the Mayor 0 0 18% 18% Executive Director, City Council 0 0 18% 18% Specified Exempt Executives 0 0 13% 13% Other Executives Public Employee Contributory Retirement System 0 6.00% 7.08% 13.08% Public Employee Non-Contributory Retirement System 0 0 11.09% 11.09% Appendix D -Family and Medical Leave Act Policy 3.01.07 Note: The following City policy was in effect on the date of this plan's adoption. It is included here for information of employees. The City's FMLA policy may change during the term of this plan. Also, portions of the policy may be determined invalid by the courts. The City and its employees will comply with the Family Medical Leave Act, as defined in applicable law or regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not intended to and does not create substantive rights for employees. SALT LAKE CITY POLICY MANUAL FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07 GENERAL PURPOSE: To explain the circumstances under which eligible employees may take up to 12 weeks of unpaid,job-protected leave per 12 month period for certain family and medical reasons. I. THE FAMILY AND MEDICAL LEAVE ACT ("FMLA") IS A FEDERAL LAW A. Entitles eligible employees to job protected, unpaid leave for up to 12 weeks per qualifying 12 month period for certain qualifying events and health conditions B. Provides for continuation of group health plan benefits during FMLA leave C. Restores the employee to the same or an equivalent job upon return to work D. Protects the employee from discrimination as a result of taking FMLA leave H. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN 23 A. The birth or adoption of a child; B. Placement of a foster child in the employee's home; C. A serious health condition of the employee; or D. The care for a spouse, child or parent with a serious health condition. III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY A. A husband and wife who are eligible for FMLA leave and are both employed by the City are limited to a combined total of 12 weeks of leave during the 12 month period if the leave is taken: 1. for the birth of a child or to care for the child after the birth; 2. for the placement of a child with the employee for adoption or foster care, or to care for the child after placement; or 3. to care for the employee's parent with a serious health condition. B. Where the husband and wife both use a portion of the total 12 week FMLA leave entitlement for one of the purposes set forth in IIIA, above, the husband and wife each are entitled to the difference between the amount he/she has taken individually and 12 weeks for FMLA leave for a qualifying event other than those identified in IRA. IV. EMPLOYEE ELIGIBILITY To be eligible for FMLA leave, the employee must be: A. employed by the City for at least 12 months and B. employed by the City for a minimum of 1250 compensable work hours as determined under the Fair Labor Standards Act during the 12 month period immediately preceding the commencement of the leave. V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN The 12 month period during which the 12 weeks of FMLA leave can be taken is measured forward from the date the employee's first FMLA leave begins. VI. EMPLOYEE RESPONSIBILITIES An employee will: A. Provide notice to his/her supervisor of the need for leave: 1. for leave that is foreseeable— at least 30 days in advance; 2. for leave that is unforeseeable—as soon as is practicable. B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced leave schedule basis. C. Provide medical certification for leave taken as a result of a serious health condition of the employee or of a serious health condition of the employee's spouse, parent or child, if requested by the City's designee. 24 1. Failure by the employee to comply with the certification requirements may result in a delay in the start of FMLA leave, a delay in the restoration of the employee to his/her position, or unprotected leave status. D. Comply with arrangements to pay the employee-paid portion of the group health plan benefit premiums (See Section XI). E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition, or the condition of his/her spouse, child or parent, and the intent to return to work at the conclusion of leave. F. Notify his/her supervisor of any changes in the circumstances for which leave is being taken. G. Provide his/her supervisor with a fitness for duty certification if required by his/her supervisor, timekeeper, or HR consultant upon the employee's return to work following the employee's serious health condition. VII. THE CITY'S RESPONSIBILITIES As the employer, the City, through its designees, will: A. Maintain coverage of group health plan benefits at the level and under the conditions coverage would have been provided if the employee had continued in employment without utilizing FMLA leave. B. Determine and notify the employee whether the leave will be counted against the employee's FMLA leave entitlement. C. Provide the requirements for furnishing medical certification for a serious health condition of the employee or for the serious health condition of a parent, child, or spouse of the employee and the consequences for failing to do so; D. Notify the employee of the requirement to substitute paid leave for the FMLA leave. E. Notify the employee of the requirements for making the employee-paid portion of group health plan benefit premium payments and the consequences for failing to make timely payments. F. Notify the employee of the requirements to submit a fitness for duty certificate to be restored to employment. G. Notify the employee of his/her status as a"key employee,"if applicable (See, XIID). H. Notify the employee of his/her right to return to his/her position or an equivalent position when leave is completed. I. Notify the employee of his/her potential liability to reimburse the City for the employer- paid group health plan benefit premium payments made while the employee is on unpaid FMLA leave, if the employee fails to return to work after the FMLA leave. VIII. MEDICAL CERTIFICATION A. The City will require medical certification of any serious health condition of the employee or of the serious health condition of the employee's spouse, parent or child. B. If the leave is foreseeable, the employee should provide the medical certification prior to taking the leave. 25 • C. If the leave is not foreseeable, the employee shall provide medical certification within 15 days after being requested to do so by the City's designee. D. An employee on approved FMLA leave will be required to inform his/her supervisor every 30 days regarding his/her status and intent to return to work upon the conclusion of the leave (See, also, Section VI E). E. The City reserves its right to require, at its own expense, second and third medical opinions, as specified by the FMLA. IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA LEAVE The City requires all employees utilizing FMLA leave to exhaust their paid leave allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined by the employee's contract or compensation plan. A. FMLA leave for qualifying events, other than the serious health condition of the employee 1. Plan A a. paid leave comes first from dependent leave, in the amount allowed in the contract/compensation plan. b. the remaining leave comes from the employee's vacation time. 2. Plan B a. either personal leave time and/or vacation time can be used b. severance account hours can be used in the same manner as sick leave hours are allowed under Plan A. B. FMLA leave for the serious health condition of the employee 1. Plan A a paid leave comes first from hospital leave (when appropriate); b followed by all sick leave c followed by vacation time 2. Plan B a paid leave will be provided when appropriate from the Short Term Disability Insurance Program b personal leave, severance account hours, and vacation time will then be utilized in that order. C. Compensatory time may be used for an FMLA reason but any period of leave paid from the employee's accrued compensatory time account will not be counted against the employee's FMLA leave entitlement. D. Leave taken for a serious health condition covered under Workers' Compensation will be counted towards an employee's FMLA entitlement. Accrued paid leave may be used at the same time the employee is collecting a Workers' Compensation benefit only to the extent that it allows the employee to collect 100% of his/her net salary. X. INTERMITTENT LEAVE 26 • A. Leave may be taken intermittently or on a reduced leave schedule when medically necessary for medical treatment of a serious health condition, for recovery from such treatment or from the serious health condition, or when the serious health condition of a spouse,parent or child of the employee requires intermittent treatment and requires the employee's care and/or involvement in the treatment and or the care of the parent, child, or spouse. 1. When the need for intermittent or reduced schedule FMLA leave is foreseeable, the employee must make reasonable attempts to arrange the schedule of the leave so as not to unduly disrupt the City's operations. B. The employee taking intermittent leave under the FMLA may be required to transfer temporarily to an available alternative position for which the employee is qualified. The alternative position must have equivalent pay and benefits and better accommodate recurring periods of leave than the employee's regular position. FMLA leave taken for the birth or adoption of a child or for the placement of a foster child in the employee's home cannot be taken on an intermittent or reduced leave schedule. XI. BENEFITS WHILE ON FMLA LEAVE A. For the duration of FMLA leave, the City will pay the City-paid portion of the premiums for group health plan benefit coverage, which includes medical insurance coverage, Basic Employee Term Life Insurance, and Short Term Disability Insurance, subject to Section XIA3. 1. While on FMLA leave utilizing paid leave, the employee-paid portion of the group health plan benefit premiums are deducted from employee's check as usual. 2. When FMLA leave is unpaid, the employee must contact the Benefits Section of Human Resources (535-7900) to make arrangements to pay the employee portion of the insurance premiums. The employee and employer will agree in writing as to the way the employee-paid portion of the group health benefit plan premium payments will be paid, under the four allowable options: a. Payment would be due at the same time as it would be made if by payroll deduction; b. Payment would be due on the same schedule as payments are made under COBRA; c. Payment would be prepaid pursuant to a cafeteria plan at the employee's option; or d. Prepayment of the employee-paid portion of the group benefit plan premiums through increased payroll deductions before the leave is taken, when the need for unpaid FMLA leave is foreseeable, or payment of the employee-paid portion of the group benefit plan premiums through increased deductions after the employee returns to work following unpaid FMLA leave when the need for unpaid FMLA leave is not foreseeable. 3. If the employee-paid portion of the group health plan benefit premium is more than 30 days late, the City's obligation to maintain group health plan insurance coverage will cease. a. The City, through its designee, will provide written notice at least 15 days prior to the date coverage will be cancelled that payment has not been received. b. The employee will have 15 days after the date of notification, or 30 days from the date the premium was due, whichever is greater, to make the required premium payment(s). c. If the employee fails to pay his/her portion of the group health plan benefit premium(s), the employee will lose his/her group health plan benefit coverage. 27 B. The City is not responsible for maintaining non-health care related benefits paid directly by the employee through voluntary deductions (dental, supplemental and dependent life insurance, accident insurance plans, or LTD). It is the employee's responsibility to make arrangements through the Benefits Section of Human Resources (535-7900) for the payment of those benefit premiums when on unpaid FMLA leave. C. If an employee fails to return to work after unpaid FMLA leave has ended, the employee shall reimburse the City all City-paid group health plan benefit premiums it paid on behalf of the employee unless the failure to return from leave is due to: 1. the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member which would otherwise entitle the employee to leave under FMLA; 2. other circumstances beyond the employee's control. D. An employee is considered to have returned to work following FMLA leave if he/she returns for at least 30 calendar days. E. An employee's seniority will not be interrupted if the employee utilizes paid leave while on FMLA leave. Once paid leave is exhausted, no seniority or pension credit will be accumulated for the unpaid FMLA leave time. Upon return from unpaid leave the employee's seniority will continue where the accumulation left off XII. RETURN TO WORK AFTER FMLA LEAVE A. Upon return to work following FMLA leave, the employee must provide a medical certification of the employee's fitness to return to work if the FMLA leave was taken for the employee's own serious health condition. B. If the employee fails to provide a fitness certificate after being notified by the City of the need for the certificate, the City, through its designee, may delay the employee's return to work until the fitness certificate is provided. C. An employee will be returned to his/her job or an equivalent job with equivalent pay, benefits, and working conditions, if the original job is not available. D. Key employees that earn salaries in the top ten percent of Salt Lake City Corporation's workforce and whose return would cause "substantial and grievous economic injury" or hardship to the City's operations, may not be reinstated. E. The City may take any personnel action/decision that would have happened if the employee had continued to work while the employee is on FMLA leave. 28 SALT LAKE CITY ORDINANCE No. of 2006 (Bereavement Leave and Dependent Leave Related to An Adult Designee of An Employee) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE 35 OF 2005, WHICH APPROVED THE COMPENSATION PLAN FOR UN-CLASSIFIED EMPLOYEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the attached amendments to the Compensation Plan for Unclassified employees adopted by Salt Lake City Ordinance 35 of 2005. Three copies of said Compensation Plan amendments shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The amendments to the Compensation Plan shall not apply to employees whose employment terminated prior to the effective date of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of , 2006. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on . Mayor's Action: Approved. Vetoed. MAYOR ATTEST: CHIEF DEPUTY CITY RECORDER A€3PPOVt` (SEAL) Salt La 'Ay Attorneys Offsi Date— b-nv 2,006 Bill No. of 2006. Dj► Published: 1:\Ordinance 06\Bereavement Leave Ordinance-unclassified-02-01-06 draft.doc 2 COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION UN-CLASSIFIED EMPLOYEES I. EFFECTIVE DATE The provisions of this plan shall be effective commencing June 19, 2005, and as amended effective 2006. H. EMPLOYEES COVERED BY THIS PLAN Employees subject to this plan shall be full-time, regular part-time (RPT) and job sharing City employees designated as "Un-Classified"employees. "Un-Classified" employees are "appointed" and "at-will" employees, who are not covered under the City's Compensation Plan for executive employees and elected officials. This plan intends to comply with Utah law in recognizing the at-will status of such un-classified employees. Employees are not covered by the paid leave provisions of this plan while they are on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of certain leave benefits, as provided by city ordinance. III. WAGES AND SALARIES A. Determination. 1. To the degree that funds permit, Un-Classified employees shall be paid salaries that: a. Are commensurate with the skills and abilities required of the position. b. Attain comparability with salaries paid by other public employers and private enterprises for similar work. c. Reflect executive level assessment of the value of the position and the incumbent's contribution to accomplishment of administrative goals, within the boundaries provided in Appendix "A." 2. The Mayor or City Council shall develop policies and guidelines for the administration of the pay plan, consistent with City law and the plan. B. Salary Bands. Un-Classified employees shall be paid salaries according to the salary band structure, attached as Appendix "A." IV. LONGEVITY PAY Un-Classified Employees are not eligible for and shall not receive longevity pay. 3 V. OVERTIME COMPENSATION Un-Classified Employees who are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) are not eligible for overtime compensation. Non-exempt Un-Classified employees, who are authorized and required by their supervisors to perform City work on an overtime basis according to City policy, shall be compensated by pay or compensatory time off. Only hours actually worked shall be used in the calculation of overtime. It shall be at the discretion of the Elected Official or Department Director, subject to the limitations of the Fair Labor Standards Act and City policy, to determine whether an employee receives cash payment or compensatory time off. All overtime work must be pre-authorized. In no case shall overtime compensation exceed the rate of 1-1/2 times an employee's regular hourly rate of pay. VI. EDUCATION AND TRAINING PAY The Mayor or City Council may adopt programs to promote employee education and training, provided that all compensation incentives under such programs are authorized within appropriate budget limitations established by the City Council. VII. ALLOWANCES A. Meal Allowance. Non-Exempt employees shall be eligible for meal allowances in the amount of$8.00 when said employees work 2 or more hours consecutive to their normally scheduled shift, as pre-approved by their supervisor. Said non-exempt employees may also receive $8.00 for each additional 4 hour consecutive period of work which is in addition to the normally scheduled work shift, as preapproved by their supervisor. B. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for expenses reasonably incurred in the performance of City business. Advancement or reimbursement shall be restricted on the basis of established per diems, and approved only for expenses documented and authorized within limitations established by the City Council. C. Automobiles. 1. The Mayor or City Council may authorize, subject to the conditions provided in City policy, an employee to utilize a City vehicle on a take-home basis, and shall require said employee to reimburse the City for a portion of the take-home vehicle cost, as provided in applicable policy and City ordinance. 2. Employees who are authorized to use, and who do use,privately owned automobiles for official City business shall be reimbursed for the operation expenses of said automobiles as provided in City policy. VIII. HOURS OF SERVICE. 4 Hours. Un-Classified employees' work hours are determined by the needs of the position. Appropriate regular hours of work necessary to meet such needs—along with flexible scheduling, if any—will be decided by the Elected Official or Department Director. IX. HOLIDAYS AND VACATION Full-time, Un-Classified employees shall receive holidays and vacation as provided in this paragraph IX. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. A. Holidays. 1. The following days shall be recognized and observed as holidays for full-time employees covered by this plan. Such full-time employees shall receive their regular rate of pay for each of the following unworked holidays: a. New Year's Day, the first day of January. b. Martin Luther King, Jr. Day, the third Monday of January. c. President's Day, the third Monday in February. d. Memorial Day, the last Monday of May. e. Independence Day, the fourth day of July. f. Pioneer Day, the twenty-fourth day of July. g. Labor Day, the first Monday in September. h. Veteran's Day, the eleventh day of November. i. Thanksgiving Day, the fourth Thursday in November. j. The Friday after Thanksgiving Day. (See holiday exception below.) k. Christmas Day, the twenty-fifth day of December. 1. One personal holiday, taken upon request of the employee. 2. When any holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding business 5 day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council. 3. No employee shall receive in excess of one day of holiday pay for a single holiday. Employees must work or be on authorized leave their last scheduled working day before and the next working day following the holiday to qualify for holiday pay. 4. Holiday Exception. In lieu of taking the Friday after Thanksgiving Day as a holiday, employees may observe this holiday up to 50 days prior to Thanksgiving Day, provided that the date chosen is approved in writing by the supervisor. B. Vacations. 1. Full-time employees covered under this plan shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions in this paragraph. 2. For full-time employees, the following schedule shall apply: Completed years Hours of Vacation Accrued of Per Biweekly City Service Pay Period O to end of year 3 3.08 4 to 6 3.69 7 to 9 4.62 10to 12 5.54 13 to 15 6.15 16to 19 6.77 20 or more 7.69 For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded on the 27th pay period. 3. Full-time employees may accumulate vacations, according to the length of their full-time Years of City Service up to the following maximum limits: 6 Up to and including 9 years Up to 30 days (240 hours) After 9 years Up to 35 days (280 hours) After 14 years Up to 40 days (320 hours) "Days," herein, means "8 hour" days. Any vacation accrued beyond said maximums shall be forfeited, unless utilized prior to the end of the calendar year in which the maximum has been accrued. However, in the case of an employee returning from an unpaid military leave of absence, related provisions under city ordinance shall apply. 4. Years of City Service shall be based on the most recent date the person became a Full- Time employee. 5. Vacation Buy-Back. The City may purchase within any twelve month period up to, but not exceeding, 80 hours of earned and accrued vacation time to which an employee is entitled as authorized in this paragraph, with the consent of said employee and upon a favorable written recommendation of the employee's Department Director and approval of the Chief Administrative Officer. Said purchase of accrued vacation time may be authorized, at the discretion of the City, when in its judgment, it is demonstrated that: a. The cash payment in lieu of vacation time use shall not interfere with an employee's performance or create an unreasonable hardship on said employee; b. There is a demonstrated need for the City to retain the services of the employee during said vacation time; and c. There are sufficient funds in the Department budget to pay for the vacation time as certified by the Department Director, without disturbing or interfering with the delivery of City services. 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 City. 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. The City shall make a diligent effort to provide employees their earned annual vacation, and shall, through appropriate management efforts, seek to minimize the recommendations for cash 7 payments in lieu of vacation use. Any vacation purchased by the City shall be considered to be an extraordinary circumstance and not a fringe benefit of the employee. X. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. A. Benefits in this section continue income to employees during absence due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act(FMLA). This is a federal law that provides up to 12 weeks of unpaid leave each year and protects jobs and health care benefits for eligible employees who need to be off work for certain"family and medical" reasons. APPENDIX C outlines the FMLA rights and obligations of the employee and the City. The City requires all employees using FMLA leave to exhaust their paid leave allotments for FMLA-qualifying events prior to taking FMLA leave unpaid. The paid leave parameters are defined in this Compensation Plan. Employees do not earn or receive benefits of this Section X. while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such benefits, as provided by city ordinance. B. Full-time employees covered under this plan shall receive leaves of absence related to their illnesses, injuries or their dependents' illnesses or injuries either under a plan as provided in paragraph X.D. (Plan"A"), or as provided in paragraph X.E. (Plan`B"). C. Employees hired on or after November 16, 1997 shall participate in Plan B. All other employees shall participate in the plan they participated in on November 15, 1998. D. Plan"A." 1. Sick Leave. a. Sick leave shall be provided for full-time employees under this Plan"A" as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish written rules governing the interfacing of sick leave and Workers' Compensation benefits and avoiding, to the extent allowable by law, duplicative payments. b. Each full-time employee shall accrue sick leave at a rate of 4.62 hours per pay period. For any plan year in which there are 27 pay periods, no sick leave hours will be awarded on the 27th pay period. Authorized and unused sick leave may be accumulated from year to year subject to the limitations of this plan. c. Under this Plan"A," employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave grant from any given year to vacation leave. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. 8 d. Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time,must be made by notifying his or her Personnel/Payroll Administrator, in writing,not later than the second payperiod of the new calendar year. Otherwise, the opportunity to waive conversion or elect conversion other than the maximum allowable amount is waived for that calendar year. In no event shall sick leave days be converted from other than the current year's sick leave allocation. e. Any sick leave hours, properly converted to vacation benefits as above described, shall be taken prior to any other vacation hours to which the employee is entitled;provided, however, that in no event shall an employee be entitled to any pay or compensation upon an employee's termination for any sick leave converted to vacation. Any sick leave converted to vacation and remaining unused at the date of termination or retirement is forfeited by the employee. 2. Hospitalization Leave a. Hospitalization leave shall be provided for full-time employees under this Plan"A,"in addition to sick leave authorized hereunder, as insurance against loss of income when employees are unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital in-patient admission. b. Employees shall be entitled to 30 days of hospitalization leave each calendar year. Hospitalization leave shall not accumulate from year to year. Employees may not convert hospitalization leave to vacation or any other leave,nor may they convert hospitalization leave to any additional benefit at time of retirement. c. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine) for a scheduled surgical procedure, may report the absence from the affected shift as hospitalization leave, with the prior approval of their division head or supervisor. d. Employees who must receive urgent medical treatment at a hospital, emergency room or acute care facility and are unable to perform their duties during a shift due to that urgent medical treatment, may report the absence from the affected shift as hospitalization leave. The employee is responsible to report the receipt of urgent medical treatment to the employee's Division head or supervisor as soon as practical. For purposes of use of hospitalization Leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected shift. e. Employees who are admitted as an inpatient to a hospital for medical treatment and are thus unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. 9 f. Time spent in medical treatment consisting exclusively or primarily of post-injury rehabilitation or therapy treatment, whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. g. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Bereavement Leave a. Under this Plan"A," time off with pay will be granted to a full-time employee who suffers the death of a wife, husband, child, mother, father,brother, sister, father-in-law, mother- in-law, son-in-law, daughter-in-law,brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or the child, mother, father, brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid their regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral or memorial service leave on the day following the service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. Satisfactory proof of such date of death, the date and location of the funeral or memorial service, and the date of burial, must on request be furnished by the employee to his or her supervisor. b. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before 2006. bc. In the event of death of an uncle, aunt,niece, nephew, or first cousin to the respective employee, said employee will be paid for time off from scheduled working hours while attending the funeral or memorial service for such person, not to exceed one shift. ed. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay, not to exceed four days, or may use available vacation leave while attending the funeral or memorial service for such person, subject to the approval of his or her immediate supervisor. I de. In the event the death of any member of the immediate family as set forth in this paragraph occurs while an employee is on vacation, their vacation will be extended by the amount of time authorized as bereavement leave under said paragraph. ef. The provisions of this paragraph shall not be applicable to employees who are on leave of absence other than vacation leave. 10 4. Dependent Leave. a. Under Plan"A," dependent leave may be requested by a full-time employee covered by I this Compensation Plan for the following Fr 1T ^ gu lifying reasons: 1. Becoming a parent through birth or adoption of a child. 2. Placement of a foster child in the employee's home. 3. Due to the care of the employee's child, spouse or parent with a serious health condition., or if an employee has designated an adult designee, then due to the care of the adult designee or the child of the adult designee with a serious health condition. Adult designees and the child or parent of the adult designee are not covered under FMLA. b. Under Plan"A," dependent leave may also be requested by a full-time employee to care for an employee's child, spouse or a parent who is ill or injured but who does not have a serious health condition, or if an employee has designated an adult designee, then dependent leave may also be requested by an employee to care for the adult designee or the child of the adult designee who is ill or injured but who does not have a serious health condition. c. "Adult designee"means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this dependent leave benefit is not effective before 2006. I ed. The following provisions apply to the use of dependent leave by a full-time employee: 1. Dependent leave may be granted with pay on a straight time basis. 2. If the employee has accumulated and available unused sick leave, the employee shall be entitled to use as dependent leave accumulated and available unused sick leave. 3. The employee shall give notice of the need to take dependent leave and the expected duration of such leave to to-his or her supervisor as soon as possible under the circumstances. 4. The employee shall provide, upon request of the supervisor: certification of birth or evidence of a child placement for adoption; or a letter from the attending physician in the event of hospitalization, injury or illness of a child, spouse or parent, or adult designee or adult designee's child within 5 calendar days following such dependent leave. 5. An employee's sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this paragraph provided, however, that up to 40 hours of dependent leave used during the calendar year will not affect the sick leave conversion options as outlined in paragraph X.D.1.c. 11 5. Career Incentive Leave, Plan "A." Full-time employees, who have been in consecutive full-time employment with the City for more than 20 years, and who have accumulated to their credit 1500 or more sick leave hours, may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid Career Incentive Leave. Career Incentive Leave must be taken prior to retirement. Sick leave hours converted to Career Incentive Leave will not be eligible for a cash payout upon termination or retirement even though the employee has unused Career Incentive Leave hours available. Requests for Career Incentive Leave must be submitted in writing to the Department Director and be approved subject to the department's business needs (e.g., work schedules and workload). 6. Retirement Benefit, Plan"A." a. Persons who retire under the eligibility requirements of the Utah State Retirement Systems will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25% of the accumulated sick leave days reserved for the benefit of said employee at the date of the employee's retirement. b. In lieu of the above, full-time employees may elect to convert the sick leave privilege provided above to hospital and surgical coverage. If such an election is made in writing, 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee's available sick leave account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis,which shall be computed on a monthly basis of charges against the account balance. If insurance premiums increase,the number of months of coverage will decrease. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. E. Plan"B." 1. The benefit Plan Year of Plan "B" begins in each calendar year on the first day of the pay- period that includes November 15. Under this Plan"B," paid personal leave shall be provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury, to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee's own illness or disability—or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the City and any policies regarding the use of such leave adopted by the department in which the employee works.. 2. Each full-time employee under this Plan "B" shall be awarded each plan year personal leave hours based on the following schedule: 12 Months of Hours of Personal Consecutive Leave per Biweekly City Service Pay Period Less than 6 1.54 Less than 24 2.31 24 or more 3.08 For any plan year in which there are 27 pay periods, no personal leave hours will be awarded on the 27th pay period. 3. Not later than October 31 st in each calendar year, employees covered by Plan "B"may elect, by notifying their Personnel/Payroll Administrator in writing, to: a. Convert any unused personal leave hours available at the end of the first pay period of November for a lump sum payment equal to the following: For each converted hour, the employee shall be paid 50 percent of the employee's hourly base wage rate in effect on date of conversion. In no event shall total pay hereunder exceed 40 hours pay, or b. Carryover to the next calendar year up to 80 unused personal leave hours, or c. Convert a portion of unused personal leave hours for a lump sum payment as provided in subparagraph(a) above and carry over a portion as provided in subparagraph(b) above. 4. Maximum Accrual. A maximum of 80 hours of personal leave may be carried over to the next calendar year. Any personal leave hours unused or converted before the end of the calendar year in excess of 80 shall be converted to a lump sum payment as provided in subparagraph 3.a above. 5. Termination Benefits. At termination of employment for any reason, accumulated unused personal leave hours shall be paid to the employee at 50 percent of the hourly base wage rate on date of termination for each unused hour. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour. Scheduling of personal leave is subject to supervisory approval. b. Except in unforseen circumstances, such as emergencies or the employees' inability to work due to their illness or accident, the employees must provide their supervisors with prior 13 notice to allow time for the supervisors to make arrangements necessary to cover the employees' work. c. For leave due to unforseen circumstances, the employees must give their supervisors as much prior notice as possible. 7. Bereavement Leave. a. Under this Plan "B,"time off with pay will be granted to a full-time employee who suffers the death of a wife, husband, child, mother, father,brother, sister, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or the child, mother, father,brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid his/her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral or memorial service leave on the day following the service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. Satisfactory proof of the date of death, the date and location of the funeral or memorial service, and the date of burial, must, on request,be furnished by the employee to his or her supervisor. b. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before 2006. bc. In the event of death of an uncle, aunt, niece, nephew, or first cousin to the respective employee, said employee shall be allowed to use personal leave or vacation for time off from scheduled working hours to attend the funeral or memorial service for such person. ed. In the event of death of friends or relatives not listed above, an employee may be allowed to use personal leave or vacation for time off to attend the funeral or memorial service for such person, subject to the approval of their immediate supervisor. 8. Career Enhancement Leave, Plan "B." A full-time employee covered under this Plan"B" is eligible, after 15 years of full-time service with the City,to be selected to receive up to two weeks of career enhancement leave. This leave could be used for formal training, informal course of study,job-related travel, internship, mentoring or other activity which could be of benefit to the City and the employee's career development. Selected employees shall receive their full regular salary during the leave. Request for this leave must be submitted in writing to the appropriate department head or elected official, stating the purpose of the request and how the leave is intended to benefit the City. The request must be approved by the department head 14 or elected official and by the Human Resources Director(who will review the request for compliance with the guidelines outlined here). 9. Plan "B"Retirement Benefit a. Full-time employees currently covered under Plan "B"who were hired before November 16, 1997 and who elected in to be covered under Plan `B," shall have a Plan B retirement account equal to sixty percent of their accumulated unused sick leave hours available on November 15, 1997, minus any hours withdrawn from that account since it was established. b. Full-time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan"B," shall have a Plan B retirement account equal to fifty percent of their accumulated unused sick leave hours available on November 14, 1998, minus any hours withdrawn after the account is established. c. Retirement Benefit. (1) All of the hours in the Plan B retirement account shall be payable at retirement as follows: The employee shall be paid the employee's hourly rate of pay on date of retirement for each hour in the employee's severance account. (2) In lieu of the above, full-time employees may elect to convert the Plan B retirement account payment as provided herein to hospital and surgical coverage. Such payment shall be subject to any state and federal income and social security tax withholdings required by law. An employee's available Plan B retirement account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase shall be computed on a monthly basis and shall be based on charges against the account balance. If insurance costs increase due to group experience, the number of months of coverage will decrease. d. Hours may be withdrawn from the Plan B retirement account for emergencies after personal leave hours are exhausted and with the prior written approval of the employee's supervisor. Plan B retirement account hours may also be used as a supplement to Workers' Compensation benefits which, when added to the employee's Workers' Compensation benefits, equals the employee's regular net salary. The employee must make an election in writing to his or her department head to use Plan B retirement account hours as to supplement Workers' Compensation benefits. 10. Short Term Disability Insurance, Plan"B." Protection against loss of income caused by an absence from work due to short term disability shall be provided to full-time employees covered under Plan `B"through short term disability insurance (SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with terms determined by the City. As one of the conditions of receiving SDI, the employee may be required by the City to submit to a medical examination by a medical provider of the City's choosing. 15 XI. MILITARY LEAVE AND JURY DUTY A. Leave of absence for employees who enter uniformed service. An employee who enters the service of a uniformed services of the United States, including the United States Army, United States Navy,United States Marine Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, or the commissioned corps of the Public Health Service, shall be entitled to be absent from his or her duties and service from the City, without pay, as required by state and federal law. Said leave shall be granted for no more than five cumulative years, consistent with the federal Uniform Services Employment and Reemployment Act. B Leave while on duty with the armed forces or Utah National Guard. Employees covered by this Plan who are or who shall become members of the reserves of a federal armed forces, including United States Army, United States Navy, United States Marine Corps,United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent on duty with such agencies. This leave shall be in addition to the annual vacation leave with pay. To qualify, employees claiming the benefit under this provision shall prvoide documentation to the City demonstrating duty with such agencies. To qualify, duty herein need not be consecutive days of service. C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the State and Federal Courts. No reduction in an employee's salary or regular wages shall be made for absence from work resulting for such jury service. However, on those days that an employee is required to report for jury service and is thereafter excused from such service, during his or her regular working hours for the City, the employee shall forthwith return to and carry on his or her regular City employment. Employees who fail to return to work after being excused from jury duty for the day shall be subject to discipline. XII. ADDITIONAL LEAVES OF ABSENCE. Additional unpaid leaves of absence may be requested in writing and granted to an employee at the discretion of the employee's Department Director. XIII. INSURANCE A. Group Insurance. Employees of the City will be required to enroll for single coverage in the City's group insurance plan in conformity with and under the terms of an insurance plan adopted by the City, as permitted by ordinance. The City will provide a basic term life and accidental death plan. The City will also make available other bona fide benefit programs. Retired City employees and their eligible dependents may also be permitted to participate in the City's medical and dental plans under terms and conditions established by the City. The City 16 shall cause the specific provisions of the group plan to be detailed and made available to the employees. The City will deduct from each payroll all monies necessary to fund employees' share of said insurance coverage and make all payments necessary to fund the plan,within budget limitations established by the City Council. B. The City will participate in the Nationwide Post Employment Health Plan, as adopted by the City by ordinance. The City will contribute $600.08 per year(prorated per employee's biweekly pay period) into each employee's Nationwide Post Employment Health Plan account. XIV. WORKERS' COMPENSATION A. In addition to the foregoing, the Mayor shall provide for Workers' Compensation coverage to the employees, as required by applicable provisions of State statute. XV. LONG TERM DISABILITY COMPENSATION Optional long term disability is available to employees eligible under the City's Long Term Disability Program (Income Protection Program), subject to terms and conditions of the plan. This program provides continuation of income to employees of the City who are permanently and totally disabled, as defined under the program. XVI. TRANSITIONAL DUTY Depending on the City's need or legal requirements and availability of funding, employees may be placed temporarily in a transitional-duty position,when illness or injury prevents them from performing their regular duties. XVII. SEPARATION FROM SERVICE A. Social Security Adopted. The City hereby adopts the provisions of the Federal Social Security system and applies and extends the benefits of the old age and survivor's insurance of the Social Security Act to employees B. Retirement Programs. The City hereby adopts the Utah State Retirement System for providing retirement pensions to employees covered by the plan. The City may permit or require the participation of employees in its retirement program(s) under terms and conditions established by the Mayor and consistent with state law. Such programs may include: 1. The Utah State Public Employees'Retirement System (Contributory and Non- Contributory) 2. Deferred Compensation Programs 3. Retirement Incentive Programs 17 C. The 2005-2006 fiscal year retirement contribution rates for employees covered by this paragraph are shown in Appendix B. D. Layoffs. Un-Classified employees are not eligible for layoff benefits, including re- employment preference after being separated from an appointed position. However, if the separation from employment is not for cause due to poor performance,misconduct or malfeasance, the City may in its discretion,place the employee in a classified or un-classified vacant position for which the employee is qualified, if: 1) there is no other more qualified candidate for the vacant position; or 2) there is no candidate with a placement preference under City policy. E Separation From Employment Due To Resignations Or Otherwise 1. Every employee who is separated from City employment for any reason shall be paid for: a. Earned vacation time accrued, unused, and unforfeited as of the date of termination; b. Unused compensatory time off; and c. If a participant in "Plan B," any accrued and unused personal leave in accordance with paragraph X.D.5 of this chapter. F. Severence Benefit for Involuntary Separation 1. An Un-Classified employee who is involuntarily terminated from City employment for reasons other than for cause due to poor performance, misconduct or malfeasance, shall receive a severance benefit consisting of one week's base salary pay, determined on the effective date of termination, for each year of City employment calculated on a pro-rata basis,but which sum shall not exceed a total of 6 weeks' base salary. 2. Exception: The Mayor for Executive Branch employees or the Executive Director of the City Council Office for Council employees, with the prior written advice and consent of the City Council, may in a writing filed with the City Recorder grant a larger severance benefit than specified under 2. above, if one is necessary to meet employment market conditions or where it would be in the City's best interests to do so. 3. Not Eligible for Benefit. The severance benefit provided in Section"D" shall not be granted to the following employees: a. An employee who, at the time of termination of employment, has been convicted, indicted, charged or is under active criminal investigation concerning a public offense involving a felony or moral turpitude. This provision shall not restrict the award of full severance benefits 18 should such employee subsequently be found not guilty of such charge or if the charges are otherwise dismissed. b. An employee who has been requested by the Mayor to resign under bona fide charges of nonfeasance, misfeasance or malfeasance in office. c. An employee who elects retirement from the City. d. An employee who accepts another position within the City. XVIII. AUTHORITY OF THE MAYOR/CITY COUNCIL Employees covered by this compensation plan may be appointed and advanced under written rules and regulations promulgated by the City, within budget limitations established by the City Council. XIX. APPROPRIATION OF FUNDS All provisions in this compensation plan that involve the expenditure of funds are subject to appropriation of funds for such purposes. XX. JOB SHARING A. Un-Classified Employees may be authorized, by the City, to job share a full-time position. Under an authorized job share arrangement, the employees involved shall, pursuant to a written agreement between them, equally share in the compensation and benefits normally provided to the full-time position that is being shared. The full-time position that is being shared shall remain unchanged in its functions, duties, benefits and pay level assignment. B. A job share arrangement will not be authorized, unless the following occurs: 1. The employees who are sharing a job have voluntarily entered into a written agreement specifying the hours each will work and the allocation of benefits and compensation between them; and 2. The department director has approved in writing the job sharing arrangement. XXI. REGULAR PART-TIME (RPT) EMPLOYEES A. Un-Classified regular part-time (RPT) employees are Un-Classified Employees whose jobs regularly required them to work twenty(20) or more but less than forty(40)hours a week. Such employees do not include seasonal employees and employees who job share under paragraph XIX. 19 B. An Un-Classified RPT employee shall be paid an hourly wage based on the monthly salary rate specified in the pay band schedule, attached as Appendix "A." C. Unless otherwise modified by the City, Un-Classified RPT employees shall receive fifty percent(50%) of the following benefits subject to the conditions provided in this Plan: 1. Education and Training Pay as specified in paragraph VI of this Plan. 2. Holidays and leaves of absences, as specified in paragraphs IX, X, XI, and XII of this Plan. 3. City's contribution to insurance premiums as provided under paragraph XIII of this Plan. D. Un-Classified RPT employees shall receive insurance benefits as provided under paragraph XIII, and the allowances as specified in paragraph VII. of this Plan. E. Un-Classified RPT employees may participate in retirement programs, as specified in paragraph XVII of this Plan. F. There shall be no cost to the Un-Classified RPT employee for Short-term Disability insurance. Appendix A - Salary Schedule Bi-weekly Rates Effective July 1, 2005 Band Unclassified Position Level 1 Clerical/Technical 1 2 Clerical/Technical 2; Admin. Support 1 3 Administrative Support 2 4 Administrative Support 3 MIN MAX 5 Admin. Support 4 $2,453 BAND 8 $4,397 6 Admin. Support 5 $5,315 $9,527 7 Advisor $2,097 BAND 7 $3,759 8 Sr. Advisor $4,544 $8,144 20 $1,893 BAND 6 $3,226 $4,102 $6,990 $1,640 BAND 5 $2,805 $3,554 $6,078 $1,470 BAND 4 $2,459 $3,185 $5,328 $1,285 BAND 3 $2,150 $2,785 $4,659 $1,111 BAND 2 $1,914 $2,407 $4,146 $641 BAND 1 $1,467 Bi- Weekly/Monthly Rates $1,388 $3,178 Appendix B -Retirement Contributions Schedule UTAH STATE RETIREMENT CONTRIBUTIONS FY 2005/2006 Utah State Retirement System Employee Contribution Total Employee Contribution Paid by City Total Employer Contribution Grand Total Contribution Public Employee Contributory Retirement System 0 6.00% 7.08% 13.08% Public Employee Non-Contributory Retirement System 0 0 11.09% 11.09% 21 Appendix C -Family and Medical Leave Act Policy 3.01.07 Note: The following City policy was in effect on the date of this plan's adoption. It is included here for information of employees. The City's FMLA policy may change during the term of this plan. Also, portions of the policy may be determined invalid by the courts. The City and its employees will comply with the Family Medical Leave Act, as defined in applicable law or regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not intended to and does not create substantive rights for employees. SALT LAKE CITY POLICY MANUAL FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07 GENERAL PURPOSE: To explain the circumstances under which eligible employees may take up to 12 weeks of unpaid,job-protected leave per 12 month period for certain family and medical reasons. I. THE FAMILY AND MEDICAL LEAVE ACT ("FMLA") IS A FEDERAL LAW A. Entitles eligible employees to job protected, unpaid leave for up to 12 weeks per qualifying 12 month period for certain qualifying events and health conditions B. Provides for continuation of group health plan benefits during FMLA leave C. Restores the employee to the same or an equivalent job upon return to work D. Protects the employee from discrimination as a result of taking FMLA leave II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN A. The birth or adoption of a child; B. Placement of a foster child in the employee's home; C. A serious health condition of the employee; or D. The care for a spouse, child or parent with a serious health condition. III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY A. A husband and wife who are eligible for FMLA leave and are both employed by the City are limited to a combined total of 12 weeks of leave during the 12 month period if the leave is taken: 1. for the birth of a child or to care for the child after the birth; 2. for the placement of a child with the employee for adoption or foster care, or to care for the child after placement; or 3. to care for the employee's parent with a serious health condition. B. Where the husband and wife both use a portion of the total 12 week FMLA leave entitlement for one of the purposes set forth in IIIA, above, the husband and wife each are 22 entitled to the difference between the amount he/she has taken individually and 12 weeks for FMLA leave for a qualifying event other than those identified in IIIA. IV. EMPLOYEE ELIGIBILITY To be eligible for FMLA leave, the employee must be: A. employed by the City for at least 12 months and B. employed by the City for a minimum of 1250 compensable work hours as determined under the Fair Labor Standards Act during the 12 month period immediately preceding the commencement of the leave. V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN The 12 month period during which the 12 weeks of FMLA leave can be taken is measured forward from the date the employee's first FMLA leave begins. VI. EMPLOYEE RESPONSIBILITIES An employee will: A. Provide notice to his/her supervisor of the need for leave: 1. for leave that is foreseeable— at least 30 days in advance; 2. for leave that is unforeseeable—as soon as is practicable. B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced leave schedule basis. C. Provide medical certification for leave taken as a result of a serious health condition of the employee or of a serious health condition of the employee's spouse, parent or child, if requested by the City's designee. 1. Failure by the employee to comply with the certification requirements may result in a delay in the start of FMLA leave, a delay in the restoration of the employee to his/her position, or unprotected leave status. D. Comply with arrangements to pay the employee-paid portion of the group health plan benefit premiums (See Section XI). E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition, or the condition of his/her spouse, child or parent, and the intent to return to work at the conclusion of leave. F. Notify his/her supervisor of any changes in the circumstances for which leave is being taken. G. Provide his/her supervisor with a fitness for duty certification if required by his/her supervisor, timekeeper, or HR consultant upon the employee's return to work following the employee's serious health condition. VII. THE CITY'S RESPONSIBILITIES As the employer, the City, through its designees, will: 23 A. Maintain coverage of group health plan benefits at the level and under the conditions coverage would have been provided if the employee had continued in employment without utilizing FMLA leave. B. Determine and notify the employee whether the leave will be counted against the employee's FMLA leave entitlement. C. Provide the requirements for furnishing medical certification for a serious health condition of the employee or for the serious health condition of a parent, child, or spouse of the employee and the consequences for failing to do so; D. Notify the employee of the requirement to substitute paid leave for the FMLA leave. E. Notify the employee of the requirements for making the employee-paid portion of group health plan benefit premium payments and the consequences for failing to make timely payments. F. Notify the employee of the requirements to submit a fitness for duty certificate to be restored to employment. G. Notify the employee of his/her status as a"key employee," if applicable (See,XIID). H. Notify the employee of his/her right to return to his/her position or an equivalent position when leave is completed. I. Notify the employee of his/her potential liability to reimburse the City for the employer- paid group health plan benefit premium payments made while the employee is on unpaid FMLA leave, if the employee fails to return to work after the FMLA leave. VIII. MEDICAL CERTIFICATION A. The City will require medical certification of any serious health condition of the employee or of the serious health condition of the employee's spouse, parent or child. B. if the leave is foreseeable, the employee should provide the medical certification prior to taking the leave. C. If the leave is not foreseeable, the employee shall provide medical certification within 15 days after being requested to do so by the City's designee. D. An employee on approved FMLA leave will be required to inform his/her supervisor every 30 days regarding his/her status and intent to return to work upon the conclusion of the leave (See, also, Section VI E). E. The City reserves its right to require, at its own expense, second and third medical opinions, as specified by the FMLA. IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA LEAVE The City requires all employees utilizing FMLA leave to exhaust their paid leave allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined by the employee's contract or compensation plan. A. FMLA leave for qualifying events, other than the serious health condition of the employee 1. Plan A 24 a. paid leave comes first from dependent leave, in the amount allowed in the contract/compensation plan. b. the remaining leave comes from the employee's vacation time. 2. Plan B a. either personal leave time and/or vacation time can be used b. severance account hours can be used in the same manner as sick leave hours are allowed under Plan A. B. FMLA leave for the serious health condition of the employee 1. Plan A a paid leave comes first from hospital leave (when appropriate); b followed by all sick leave c followed by vacation time 2. Plan B a paid leave will be provided when appropriate from the Short Term Disability Insurance Program b personal leave, severance account hours, and vacation time will then be utilized in that order. C. Compensatory time may be used for an FMLA reason but any period of leave paid from the employee's accrued compensatory time account will not be counted against the employee's FMLA leave entitlement. D. Leave taken for a serious health condition covered under Workers' Compensation will be counted towards an employee's FMLA entitlement. Accrued paid leave may be used at the same time the employee is collecting a Workers' Compensation benefit only to the extent that it allows the employee to collect 100% of his/her net salary. X. INTERMITTENT LEAVE A. Leave may be taken intermittently or on a reduced leave schedule when medically necessary for medical treatment of a serious health condition, for recovery from such treatment or from the serious health condition, or when the serious health condition of a spouse, parent or child of the employee requires intermittent treatment and requires the employee's care and/or involvement in the treatment and or the care of the parent, child, or spouse. 1. When the need for intermittent or reduced schedule FMLA leave is foreseeable, the employee must make reasonable attempts to arrange the schedule of the leave so as not to unduly disrupt the City's operations. B. The employee taking intermittent leave under the FMLA may be required to transfer temporarily to an available alternative position for which the employee is qualified. The alternative position must have equivalent pay and benefits and better accommodate recurring periods of leave than the employee's regular position. FMLA leave taken for the birth or adoption of a child or for the placement of a foster child in the employee's home cannot be taken on an intermittent or reduced leave schedule. XI. BENEFITS WHILE ON FMLA LEAVE 25 A. For the duration of FMLA leave, the City will pay the City-paid portion of the premiums for group health plan benefit coverage, which includes medical insurance coverage, Basic Employee Term Life Insurance, and Short Term Disability Insurance, subject to Section XIA3. 1. While on FMLA leave utilizing paid leave, the employee-paid portion of the group health plan benefit premiums are deducted from employee's check as usual. 2. When FMLA leave is unpaid, the employee must contact the Benefits Section of Human Resources (535-7900) to make arrangements to pay the employee portion of the insurance premiums. The employee and employer will agree in writing as to the way the employee-paid portion of the group health benefit plan premium payments will be paid, under the four allowable options: a. Payment would be due at the same time as it would be made if by payroll deduction; b. Payment would be due on the same schedule as payments are made under COBRA; c. Payment would be prepaid pursuant to a cafeteria plan at the employee's option; or d. Prepayment of the employee-paid portion of the group benefit plan premiums through increased payroll deductions before the leave is taken,when the need for unpaid FMLA leave is foreseeable, or payment of the employee-paid portion of the group benefit plan premiums through increased deductions after the employee returns to work following unpaid FMLA leave when the need for unpaid FMLA leave is not foreseeable. 3. If the employee-paid portion of the group health plan benefit premium is more than 30 days late, the City's obligation to maintain group health plan insurance coverage will cease. a. The City, through its designee, will provide written notice at least 15 days prior to the date coverage will be cancelled that payment has not been received. b. The employee will have 15 days after the date of notification, or 30 days from the date the premium was due, whichever is greater, to make the required premium payment(s). c. If the employee fails to pay his/her portion of the group health plan benefit premium(s), the employee will lose his/her group health plan benefit coverage. B. The City is not responsible for maintaining non-health care related benefits paid directly by the employee through voluntary deductions (dental, supplemental and dependent life insurance, accident insurance plans, or LTD). It is the employee's responsibility to make arrangements through the Benefits Section of Human Resources (535-7900) for the payment of those benefit premiums when on unpaid FMLA leave. C. If an employee fails to return to work after unpaid FMLA leave has ended, the employee shall reimburse the City all City-paid group health plan benefit premiums it paid on behalf of the employee unless the failure to return from leave is due to: 1. the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member which would otherwise entitle the employee to leave under FMLA; 2. other circumstances beyond the employee's control. D. An employee is considered to have returned to work following FMLA leave if he/she returns for at least 30 calendar days. E. An employee's seniority will not be interrupted if the employee utilizes paid leave while on FMLA leave. Once paid leave is exhausted, no seniority or pension credit will be accumulated for the unpaid FMLA leave time. Upon return from unpaid leave the employee's seniority will continue where the accumulation left off. 26 XII. RETURN TO WORK AFTER FMLA LEAVE A. Upon return to work following FMLA leave, the employee must provide a medical certification of the employee's fitness to return to work if the FMLA leave was taken for the employee's own serious health condition. B. If the employee fails to provide a fitness certificate after being notified by the City of the need for the certificate, the City, through its designee, may delay the employee's return to work until the fitness certificate is provided. C. An employee will be returned to his/her job or an equivalent job with equivalent pay, benefits, and working conditions, if the original job is not available. D. Key employees that earn salaries in the top ten percent of Salt Lake City Corporation's workforce and whose return would cause "substantial and grievous economic injury" or hardship to the City's operations, may not be reinstated. E. The City may take any personnel action/decision that would have happened if the employee had continued to work while the employee is on FMLA leave. 27 SALT LAKE CITY ORDINANCE No. of 2006 (Bereavement Leave and Dependent Leave Related to An Adult Designee of An Employee) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE 30 OF 2005, WHICH APPROVED THE COMPENSATION PLAN FOR"600 SERIES"AND "300 SERIES" EMPLOYEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the attached amendments to the Compensation Plan for "600 Series" and "300 Series"employees adopted by Salt Lake City Ordinance 30 of 2005. Three copies of said Compensation Plan amendments shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The amendments to the Compensation Plan shall not apply to employees whose employment terminated prior to the effective date of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2006. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. ... . x . .. .. MAYOR ATTEST: CHIEF DEPUTY CITY RECORDER APPROVED AS TO FORM Salt Lake i At€orney`s Office Date � (SEAL) -e, �` eY Bill No. of 2006. Published: I:\Ordinance 06\Bereavement Leave Ordinance-600 and 300 Series-02-01-06 draft.doc 2 COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION "600 SERIES" AND "300 SERIES" EXEMPT AND NON-EXEMPT PROFESSIONAL EMPLOYEES. I. EFFECTIVE DATE The provisions of this plan shall be effective, commencing June 19, 2005, and as amended effective 2006. II. EMPLOYEES COVERED BY THIS PLAN Employees subject to this plan shall be Full-Time, Regular Part-Time and Job Sharing City employees, classified as "600 Series" and "300 Series" "Exempt and Non-Exempt Professional" employees. Employees are not covered by the paid leave and longevity payment provisions of this plan while they are on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of certain leave benefits as provided by city ordinance. III. WAGES AND SALARIES A. Determination. 1. To the degree that funds permit, employees classified as "600 Series" and "300 Series" "Exempt Professional" or "Non-Exempt Professional" employees shall be paid compensation that: a. Is commensurate with the skills and abilities required of the position. b. Is competitive with the compensation paid by other public and private employers with whom the City competes for personnel recruitment and retention. 2. Compensation surveys, which are used to determine comparability, shall include a reasonable cross section of comparable benchmark positions in organizations with whom the City competes for personnel recruitment and retention. 3. Compensation surveys shall measure total compensation including salaries and wages, paid leave, group insurance plans, retirement, and all other benefits. 4. The compensation plans may provide salary range widths that reflect the normal growth and productivity potential of employees within a job classification. 5. The Mayor shall develop policies and guidelines for the administration of the pay plans. 6. The pay administration policies may provide for annual salary adjustments which, subject to availability of funds, generally reflect the practices of private enterprise to allow for faster 3 salary growth in the bottom half of pay ranges, and slower growth in the upper half, as warranted by maturity of job skills within a job classification and satisfactory performance of job duties and responsibilities. B. Schedules. 1. Employees shall, for purposes of this compensation plan and its wage schedules, be referred to as either "Exempt Professional" (600 Series) employees or "Non-Exempt Professional" (300 Series) employees. a. As used in this Compensation Plan, "Exempt Professional" employees shall mean Professional employees who are defined by §213 of the Fair Labor Standards Act (the "Act") as exempt from the Act's overtime provisions. b. As used in this Compensation Plan, "Non-Exempt Professional" employees shall mean Professional employees who are covered by the overtime provisions of the Act. 2. Effective June 19, 2005, Full-Time "600 Series" Exempt Professional employees shall be paid compensation according to the wage schedule attached as Appendix "A." 3. Effective June 19, 2005, Full-Time "300 Series" Non-Exempt Professional employees shall be paid compensation according to the salary schedule attached as Appendix "B." C. Other Compensation. The foregoing shall not restrict the Mayor from distributing appropriated monies to employees of the City in the form of retention incentives or retirement contributions; or special lump sum supplemental payments in recognition of weather-related emergencies, special projects or other extraordinary circumstances. Retention incentives or special lump sum payments are recommended by the department directors and are subject to the Mayor's approval. Additionally, nothing in the foregoing shall restrict the Mayor from classifying or advancing employees under rules established by the Mayor. IV. LONGEVITY PAY A. Eligibility. Full-Time employees who have completed 6 full years of employment with the City, shall receive a monthly longevity benefit in the sum of$50.00. Said benefit shall be $75.00 per month for employees who have completed 10 full years of employment with the City. Said benefit shall be $100.00 per month for employees who have completed 16 full years of employment with the City. Said benefit shall be $125.00 per month for employees who have completed 20 full years of employment with the City. The computation of longevity pay shall be based on the most recent date the person became a Full-Time salaried employee. B. Pension Base Pay. Longevity paid to Full-Time employees pursuant to paragraph IV.A shall be deemed included within base pay for purposes of pension contributions. 4 C. The benefit under this Article IV is paid pro-rata each bi-weekly pay period,based on the most recent date the person became a full-time salaried employee. Employees do not earn or receive longevity payments while on unpaid leave of absence. Upon return from an approved, unpaid leave of absence, longevity payments will resume on the same basis as if the employee had not been on such leave of absence. V. OVERTIME COMPENSATION Payment of Overtime Compensation. Non-exempt "300 Series" employees who are authorized and required by their supervisors to perform City work on an overtime basis as defined by the Fair Labor Standards Act shall be compensated by pay or compensatory time off. Only hours actually worked shall be used in the calculation of overtime. It shall be at the discretion of the Department Director, subject to the limitations of the Fair Labor Standards Act and City policy, to determine whether an employee receives cash payment or compensatory time off. All overtime work must be pre-authorized. In no case shall overtime compensation exceed the rate of 1-1/2 times an employee's regular hourly rate of pay. VI. EDUCATION AND TRAINING PAY Education Incentives. The Mayor may adopt programs to promote employee education and training, provided that all compensation incentives under such programs are authorized within appropriate budget limitations established by the City Council. VII. WAGE DIFFERENTIALS A. Call-back and Standby. Full-Time "300 Series" employees may receive call-back and standby compensation based on Department Director approval and the following guidelines: 1. Employees who have been released from normally scheduled work and standby periods, and who return to their normal work site upon direction of an appropriate department head or designated representative prior to their next normal duty shift and without advanced notice or scheduling, shall receive a minimum of three (3) hours straight-time pay and in addition shall be guaranteed a minimum four(4)hours work or straight-time pay thereof. 2. Employees who have been released from normally scheduled work but have not been released from standby status and who return to their normal work site upon direction of an appropriate department head or designated representative prior to their next normal duty shift and without advanced notice or scheduling, shall be guaranteed a minimum four(4) hours work or straight-time pay thereof 3. Full-Time "300 Series" employees may be eligible for: (1)2 hours of straight time pay for each 24 hour period of limited standby status; or(2) 2 hours straight time pay for each 12 hour period of limited standby status if they are Department of Airports and Public Utilities Department employees. 5 Any employee on standby as a member of the Snow Fighter Corps shall not receive standby/on- call pay or shift differential when on standby or called back to fight snow. B. Shift Allowance. Full-Time "600 Series" employees who work a regularly scheduled swing shift or night shift during a month will receive a monthly allowance of$120.00. See paragraph D. below. C. Shift Differential. Full-Time "300 Series" employees who work a regularly scheduled swing shift or night shift will receive a differential of $.68 an hour. See paragraph D below. D. For purposes of paragraphs B. and C. above, a regularly scheduled swing shift or night shift means a regularly scheduled shift that starts between 12:00 noon and 5:59 a.m. However, if an employee requests a start time falling within this period that is not the regular start time otherwise designated by the City, and the granting of such request will not compromise the City's needs, then the request may be granted without shift differential. The request must be in writing and signed by the employee. E. Acting/Working out of Classification. From time to time, employees may be asked to temporarily assume some or all of the duties of a supervisor or other team member in that person's absence. Employees who feel that they are asked to perform the duties of a position in a higher classification, should discuss the matter with the person to whom they report during the temporary assignment. With guidance from the department head, said person will decide—on the basis of how much responsibility is assumed and the length of the temporary assignment— whether additional compensation is warranted. Where the department and the employee disagree on the decision, and provided the temporary assignment lasts for at least 20 working days, the employee may request a review by the Division of Human Resource Management. Compensation adjustments made under this paragraph VIED. may be retroactive. F. Snowfighter Pay for Full-Time "300 Series" Employees Designated by the City. Full-Time"300 Series" employees designated by the City as members of the Snow Fighter Corps shall receive a pay differential equal to $300 per month for the snowfighter season (November 6, 2005 to February 25, 2006), not to exceed $1,200 during each fiscal year of this compensation plan. Such pay differential shall be for work related to snow removal and shall be separate from regular earnings on each employee's wage statement. Employees who are qualified to operate snow-removal equipment shall be assigned to the Snowfighter Corps by department seniority on a volunteer basis. If the City does not have enough volunteers to staff a snowfighter crew, as determined by the supervisor or department head, employees shall be assigned on a department seniority basis with the junior employees assigned first. Provided, however, that any employee otherwise qualified for the allowance, who is absent from normal scheduled work more than 10 working days in a month, shall be ineligible to receive the allowance for that month. Vacation and compensatory time shall not be considered as absent 6 work days for purposes of determining eligibility for the allowance described in this article VII. F. VIII. ALLOWANCES A. Meal Allowance. Employees shall be eligible for meal allowances in the amount of$8.00 when said employees work 2 or more hours consecutive to their normally scheduled shift, as pre- approved by their supervisor. Said employees may also receive$8.00 for each additional 4 hour consecutive period of work which is in addition to the normally scheduled work shift, as preapproved by their supervisor. B. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for actual expenses reasonably incurred in the performance of City business. Advancement or reimbursement shall be approved only for expenses documented and authorized in advance within budget limitations established by the City Council. C. Automobiles. 1. The Mayor may authorize, subject to the conditions provided in City policy, an employee to utilize a City vehicle on a take-home basis, and may require said employee to reimburse the City for a portion of the take-home vehicle cost as provided in City ordinance. 2. Employees who are authorized to use, and who do use, privately owned automobiles for official City business shall be reimbursed for the operation expenses of said automobiles at the rate specified in City policy. D. Uniform Allowance. Employees shall be provided the following monthly uniform allowances when required to wear uniforms in the performance of their duties: 1. Field Supervisor(Parking Enforcement) -- $50.00 2. Non-sworn Police and Fire Department employees -- $50.00. 3. Watershed Management Division Personnel -- $50.00 4. Uniform allowances are provided if the employees maintain their uniforms in reasonably good, clean,neat and pressed condition. Uniforms shall have proper identification and insignias and shall not be frayed or unsightly. Uniforms shall be in compliance with applicable department regulations. Failure to maintain the uniform in accordance with the above shall be grounds for forfeiture of uniform allowances provided in this paragraph VIII.D. E. Allowances for Golf Professionals. The Mayor may, within budgeted appropriations, authorize golf lesson revenue sharing between the City and employees classified as golf professionals and assistant golf professionals as business needs and market surveys dictate. 7 IX. HOURS OF SERVICE—300 SERIES EMPLOYEES A. Hours Worked. For Full-Time "300 Series" employees, 7 days shall constitute a workweek and 40 hours shall constitute a normal work schedule. Exceptions may be permitted with approval of the Director of Human Resource Management. Overtime work is to be discouraged. In case of unforeseen circumstances or whenever public interest demands, an employee may be required by a Department Director to perform overtime work. This paragraph shall not be construed to limit or prevent the City from changing or establishing work schedules and shifts as the need arises or to guarantee employees 40 hours work per week. The City may adopt variable work week schedules including 8 hour, 10 hour, 12 hour or other approved shifts. It is the City's intent to give reasonable notice of any work schedule and shift changes to all affected employees. A shift change shall mean a change from one permanent shift (day shift, swing shift, graveyard shift)to another permanent shift. B. Rest Periods. Employees shall be entitled to a 15 minute rest period during each 4-hour working period, which time shall be included within the work shift, except where extraordinary circumstances render such break impracticable. A reasonable effort shall be made to provide such breaks near the middle of each 4-hour work period; provided, however, there shall be no additional compensation paid to employees electing or required to forego such rest period. Rest periods provided herein shall be counted as time worked for purposes of computing overtime compensation. C. Meal Period. Employees shall be granted a lunch period not to exceed sixty(60) minutes during each work shift; provided, however, said lunch period shall be scheduled in accordance with the operational needs of the department as determined by the shift supervisor. An employee shall not be compensated for such periods unless the employee is required by the supervisor to be on the work site, or perform any work during such time. In lieu of payment, the employee may, with the consent of the supervisor, end the work shift early by the same number of minutes worked into the lunch break. A lunch period where the employee performs no work shall not be counted as time worked for purposes of computing overtime compensation. X. HOLIDAYS AND VACATION Full-Time employees shall receive holidays and vacation as provided in this paragraph X. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. A. Holidays. 8 1. The following days shall be recognized and observed as holidays for Full-Time employees covered by this plan. Such Full-Time employees shall receive their regular rate of pay for each of the unworked holidays: a. New Year's Day, the first day of January. b. Martin Luther King, Jr. Day, the third Monday of January. c. President's Day, the third Monday in February. d. Memorial Day, the last Monday of May. e. Independence Day, the fourth day of July. f. Pioneer Day, the twenty-fourth day of July. g. Labor Day, the first Monday in September. h. Veteran's Day, the eleventh day of November. i Thanksgiving Day, the fourth Thursday in November. j. The Friday after Thanksgiving Day. (floating holiday, see explanation below.) k Christmas Day, the twenty-fifth day of December. 1. One personal holiday, taken upon request of the employee and at the discretion of the supervisor. 2. When any holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council. 3. No employee shall receive in excess of one day of holiday pay for a single holiday. Employees must work or be on authorized leave their last scheduled working day before and the next working day following the holiday to qualify for holiday pay. 4. Holiday Exception. In lieu of taking the Friday after Thanksgiving Day as a holiday, employees may observe this holiday up to 50 days prior to Thanksgving Day, provided that the date chosen is approved by the supervisor. B. Vacations. 9 1. Full-Time employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions in this paragraph; provided, that no employee shall be entitled to use any vacation unless the employee has successfully completed his or her initial probationary period. 2. For Full-Time employees, the following schedule shall apply: Years Hours of Vacation Accrued of Per Biweekly City Service Pay Period 0 to end of year 3 3.08 4 to 6 3.69 7 to 9 4.62 10 to 12 5.54 13 to 15 6.15 16 to 19 6.77 20 or more 7.69 For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded on the 27th pay period. Years of City Service shall be based on the most recent date the person became a Full-Time salaried employee. 3. Full-Time employees may accumulate vacations, according to the length of their full-time years of City Service up to the following maximum limits: Up to and including 9 years Up to 30 days (240 hours) After 9 years Up to 35 days (280 hours) After 14 years Up to 40 days (320 hours) "Days," herein, means "8-hour" days. 10 Any vacation accrued beyond said maximums shall be deemed forfeited unless utilized prior to the end of the calendar year in which the maximum has been accrued. However, in the case of an employee returning from an unpaid military leave of absence, related provisions under city ordinance shall apply. 4. Vacation Buy Back. The City may purchase within any calendar year up to, but not exceeding, 80 hours of accrued vacation time, to which an employee is entitled, with the consent of said employee and upon favorable written recommendation of the employee's Department Director and approval of the Chief Administrative Officer. Said purchase of accrued vacation time may be authorized, in the discretion of the City,when, in its judgment, it is demonstrated that: a. The cash payment in lieu of vacation time use shall not interfere with an employee's performance or create an unreasonable hardship on said employee; b. There is a demonstrated need for the City to retain the services of the employee for said vacation time; c. There are sufficient funds in the Department budget to pay for the vacation time as certified by the Chief Administrative Officer or designee, without disturbing or interfering with the delivery of City services; and d. 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 City. The City shall make a diligent effort to provide employees their earned annual vacation, and shall, through appropriate management efforts, seek to minimize the recommendations for cash payments in lieu of vacation use. Any vacation purchased by the City shall be considered to be an extraordinary circumstance and not a fringe benefit of the employee. XI. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. A. Benefits in this section are for the purpose of continuing income to employees during absence due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act(FMLA). This is a federal law that provides up to 12 weeks of unpaid leave each year and protects jobs and health care benefits for eligible employees who need to be off work for certain"family and medical"reasons. APPENDIX D outlines the FMLA rights and obligations of the employee and the City. The City requires all employees using FMLA leave to exhaust their paid leave allotments for FMLA-qualifying events prior to taking FMLA leave unpaid. The paid leave parameters are defined in this Compensation Plan. Employees do not earn or receive leave benefits under this Section XI. while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. 11 B. Full-Time employees shall receive benefits in this section either under a plan as provided in paragraph XI.D. (Plan"A"), or as provided in paragraph XI.E. (Plan"B"). C. Employees hired on or after November 16, 1997 shall participate in Plan B. All other employees shall participate in the plan they participated in on November 15, 1998. D. Plan "A." 1. Sick Leave. a. Sick leave shall be provided for Full-Time employees under this Plan"A" as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish rules governing the interfacing of sick leave and Workers' Compensation benefits and avoiding, to the extent allowable by law, duplicative payments. b. Each Full-Time employee shall accrue sick leave at a rate of 4.62 hours per pay period. For any plan year in which there are 27 pay periods, no sick leave hours will be awarded on the 27th pay period. Authorized and unused sick leave may be accumulated from year to year, subject to the limitations of this plan. c. Under this Plan"A,"Full-Time employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave earned and unused during any given year to vacation. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. d. Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying his or her Personnel/Payroll Administrator, in writing, not later than the second payperiod of the new calendar year. Otherwise, the opportunity to waive conversion or elect conversion other than the maximum allowable amount shall be deemed waived for that calendar year. In no event shall sick leave days be converted from other than the current year's sick leave allocation. e. Any sick leave hours, properly converted to vacation benefits as above described, shall be taken prior to any other vacation hours to which the employee is entitled; provided, however, that in no event shall an employee be entitled to any pay or compensation upon an employee's separation for any sick leave converted to vacation. Any sick leave converted to vacation remaining unused at the date of separation shall be forfeited by the employee. 2. Hospitalization Leave a. Hospitalization leave shall be provided for Full-Time employees under this Plan"A," in addition to sick leave authorized hereunder, as insurance against loss of income when employees 12 are unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital inpatient admission. b. Employees shall be entitled to 30 days of hospitalization leave each calendar year. Hospitalization leave shall not accumulate from year to year. Employees may not convert hospitalization leave to vacation or any other leave, nor may they convert hospitalization leave to any additional benefit at time of retirement. c. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine), for a scheduled surgical procedure, may report the absence from the affected shift as hospitalization leave, with the prior approval of their division head or supervisor. d. Employees who must receive urgent medical treatment at a hospital, emergency room, or acute care facility, and who are unable to perform their duties during a shift due to urgent medical treatment, may report the absence from the affected shift as hospitalization leave. The employee is responsible to report the receipt of urgent medical treatment to the employee's Division head or supervisor as soon as practical. For purposes of use of hospitalization Leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected shift. e. Employees who are admitted as an inpatient to a hospital for medical treatment, so they are unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. f. Medical treatment consisting exclusively or primarily of post-injury rehabilitation or therapy treatment,whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. g. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Bereavement Leave a. Under this Plan"A"time off with pay will be granted to a Full-Time employee who suffers the loss of a wife, husband, child, mother, father, brother, sister, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister)or if an employee has designated an adult designee, then the adult designee or the child, mother, father, brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid their regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral or memorial service leave on the day following the service if: such service is held more than 150 miles distance from 13 Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. Satisfactory proof of such death, together with the date thereof, the date and location of the service, and the date of burial, must, on request, be furnished by the employees to their supervisor. b. "Adult designee"means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before 2006. bc. In the event of death of an uncle, aunt, niece, nephew, or first cousin to the respective employee, said employee will be paid for time off from scheduled working hours while attending the funeral or memorial service for such person, not to exceed one shift. ed. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay, not to exceed four hours, or may use available vacation leave while attending the funeral or memorial service for such person, subject to the approval of his or her immediate supervisor. I de. In the event the death of any member of the immediate family as set forth in this paragraph XI.D.3(a) occurs while an employee is on vacation, his or her vacation will be extended by the amount of time authorized as bereavement leave under said paragraph. ef. The provisions of this paragraph shall not be applicable to employees who are on leave of absence other than vacation leave. 4. Dependent Leave. a. Under Plan"A," dependent leave may be requested by a Full-Time employee covered by I this Compensation Plan for the following FMLA qualifying reasons: 1. Becoming a parent through birth or adoption of a child or children. 2. Placement of a foster child in the employee's home. 3. Due to the care of the employee's child, spouse, or parent with a serious health condition) or if an employee has designated an adult designee, then due to the care of the adult designee or the child of the adult designee with a serious health condition. Adult designees and the child of the adult designee are not covered by FMLA. b. Under Plan "A," dependent leave may also be requested by a Full-Time employee to care for an employee's child, spouse or a parent who is ill or injured but who does not have a serious I health condition, or if an employee has designated an adult designee, then dependent leave may 14 also be requested by an employee to care for the adult designee or the child of the designee who is ill or injured but who does not have a serious health condition. c. "Adult designee"means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this dependent leave benefit is not effective before 2006. ed. The following provisions apply to the use of dependent leave by a Full-Time employee: 1. Dependent leave may be granted with pay on a straight time basis. 2. If the employee has available unused sick leave, the employee shall be entitled to use as dependent leave such unused sick leave. 3. The employee shall give notice of the need to take dependent leave and the expected duration of such leave to to his or her supervisor as soon as possible under the circumstances. 4. The employee shall provide, upon request of the supervisor, certification of birth or evidence of a child placement for adoption, or a letter from the attending physician in the event of hospitalization, injury or illness of a child, spouse or parent, or adult designee or adult . designee's child within five calendar days following termination of such leave. 5. An employee's sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this paragraph provided, however, that up to 40 hours of dependent leave used during the calendar year will not affect the sick leave conversion options as outlined in paragraph XI.D.1.c. 6. Probationary employees are not eligible for dependent leave. 5. Career Incentive Leave, Plan"A." Full-Time employees, who have been in continuous Full-Time employment with the City for more than 20 years, and who have accumulated to their credit 1500 or more sick leave hours,may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid Career Incentive Leave. Career Incentive Leave must be taken prior to retirement. Sick leave hours converted to Career Incentive Leave will not be eligible for a cash payout upon termination or retirement even though the employee has unused Career Incentive Leave hours available. This leave can be used for any reason. Requests for Career Incentive Leave must be submitted in writing to the Department Director and be approved subject to the department's business needs (e.g., work schedules and workloads). 6. Retirement Benefit, Plan "A." a. Persons who retire under the eligibility requirements of the Utah State Retirement System will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25% 15 of the accumulated sick leave days reserved for the benefit of said employee at the date of the employee's retirement. b. In lieu of the above, Full-Time employees may elect to convert the sick leave privilege provided above to hospital and surgical coverage. If such an election is made in writing, 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee's available sick leave account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance premiums increase, the number of months of coverage will decrease. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. E. Plan"B." 1. The benefit Plan Year of Plan"B" begins in each calendar year on the first day of the pay- period that includes November 15. Under this Plan"B,"paid personal leave shall be provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury,to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee's own illness or disability—or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the City and any policies regarding the use of such leave adopted by the department in which the employee works. 2. Each Full-Time employee under this Plan"B" shall be awarded personal leave hours based on the following schedule: Months of Hours of Personal Consecutive Leave Per Bi-weekly Pay City Service Period Less than 6 1.54 Less than 24 2.31 24 or more 3.08 For any plan year in which there are 27 pay periods, no personal leave hours will be awarded on the 27th pay period. 16 3. Not later than October 31 st in each calendar year, employees covered by Plan`B"may elect, by notifying their Personnel/Payroll Administrator in writing, to: a. Convert any unused personal leave hours available at the end of the first pay period of November to a lump sum payment equal to the following: For each converted hour, the employee shall be paid 50 percent of the employee's hourly base wage rate in effect on date of conversion. In no event shall total pay hereunder exceed 40 hours of pay, or b. Carryover to the next calendar year up to 80 unused personal leave hours, or c. Convert a portion of unused personal leave hours, to a lump sum payment as provided in subparagraph(a) above and carry over a portion as provided in subparagraph(b) above. 4. Maximum Accrual. A maximum of 80 hours of personal leave may be carried over to the next plan year. Any personal leave hours unused at the end of the plan year in excess of 80 shall be converted to a lump sum payment as provided in subparagraph 3.a above. 5. Termination Benefits. At termination of employment for any reason, accumulated unused personal leave hours shall be paid to the employee at 50 percent of the hourly base wage rate on date of termination for each unused hour. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour, with supervisory approval. b. Except in unforseen circumstances, such as emergencies or the employees' inability to work due to their illness or accident, or an unforseen FMLA-qualifying event, the employees must provide their supervisors with prior notice to allow time for the supervisors to make arrangements necessary to cover the employees' work. c. For leave due to unforseen circumstances, the employees must give their supervisors as much prior notice as possible. 7. Bereavement Leave. a. Under this Plan `B,"time off with pay will be granted to a Full-Time employee who suffers the loss of a wife, husband, child, mother, father, brother, sister, father-in-law,mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or the child, mother, father, brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid his/her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral or memorial service 17 leave on the day following the service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. Satisfactory proof of such death, together with the date thereof, the date and location of the service, and the date of burial, must, on request,be furnished by the employees to their supervisor. b. "Adult designee"means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before 2006. hc. In the event of death of an uncle, aunt, niece, nephew, or first cousin to the respective employee, said employee shall be allowed to use personal leave or vacation for time off from scheduled working hours to attend the funeral or memorial service for such person. ed. In the event of death of friends or relatives not listed above, an employee may be allowed to use personal leave or vacation for time off to attend the funeral or memorial service for such person, subject to the approval of his or her supervisor. 8. Career Enhancement Leave, Plan"B." A Full-Time employee covered under this Plan "B" is eligible, after 15 years of full time service with the City, to be selected to receive up to two weeks of career enhancement leave. This one-time leave benefit could be used for formal training, informal course of study,job-related travel, internship, mentoring or other activity which could be of benefit to the City and the employee's career development. Selected employees shall receive their full regular salary during the leave. Request for this leave must be submitted in writing to the appropriate department head, stating the purpose of the request and how the leave is intended to benefit the City. The request must be approved by the department head and by the Human Resources Director(who will review the request for compliance with the guidelines outlined here). 9. Retirement/Layoff(RL) Benefit, Plan "B." a. Full-Time employees currently covered under Plan"B"who were hired before November 16, 1997, and who elected to be covered under Plan "B," shall have a retirement/layoff(RL) account equal to sixty percent of their accumulated unused sick leave hours available on November 16, 1997, minus any hours withdrawn from that account since it was established. b. Full-Time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan"B," shall have a retirement/layoff(RL) account equal to fifty percent of their accumulated unused sick leave hours available on November 14, 1998, minus any hours withdrawn after the account is established. c. Payment of the RL Account. 18 (1) All of the hours in the RL account shall be payable at retirement or layoff as follows: The employee shall be paid the employee's hourly rate of pay on date of retirement or layoff for each hour in the employee's RL account. (2) In the case of retirement only, in lieu of the above, Full-Time employees may elect to convert the RL account payment as provided herein to hospital and surgical coverage. Such payment shall be subject to any state and federal income and social security tax withholding required by law. An employee's available RL account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage that may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase, the number of months of coverage will decrease. d. Hours may be withdrawn from the RL account for emergencies after personal leave hours are exhausted, and with approval of the employee's supervisor. RL account hours may also be used as a supplement to Workers' Compensation benefits which, when added to the employees' Workers' Compensation benefits, equals the employee's regular net salary. The employee must make an election in writing to the Director of Management Services to use RL account hours to supplement Workers' Compensation benefits. 10. Short Term Disability Insurance, Plan"B." Protection against loss of income when an employee is absent from work due to short term disability shall be provided to Full-Time employees covered under Plan`B"through short term disability insurance(SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with the terms determined by the City. As one of the conditions of receiving SDI, the employee may be required to submit to a medical examination by a medical provider of the City's choosing. XII. MILITARY LEAVE AND JURY DUTY A. Leave of absence for employees who enter uniformed service. An employee who enters the service of a uniformed services of the United States, including the United States Army, United States Navy, United States Marine Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, or the commissioned corps of the Public Health Service, shall be entitled to be absent from his or her duties and service from the City, without pay, as required by state and federal law. Said leave shall be granted for no more than five cumulative years, consistent with the federal Uniform Services Employment and Reemployment Act. B. Leave while on duty with the armed forces or Utah National Guard. Employees covered by this Plan who are or who shall become members of the reserves of a federal armed forces, including United States Army, United States Navy, United States Marine Corps, United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent on duty with such agencies. This leave shall be in addition to the annual vacation leave with pay. To 19 qualify, employees claiming the benefit under this provision shall provide documentation to the City demonstrating duty with such agencies. To qualify, duty herein need not be consecutive days of service. C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the State and Federal Courts subject to the conditions hereinafter set forth. No reduction in an employee's salary or regular wages shall be made for absence from work resulting from such jury service. On those days that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours from the City, he or she shall forthwith return to and carry on his or her regular City employment. Employeeswho fail to return to work after being excused from jury service for the day shall be subject to discipline. XIII. INJURY LEAVE A. Injury Leave. The City shall establish rules governing the administration of an injury leave program for employees of the Operations Division of the Department of Airports who are required to carry firearms as part of their jobs, under the following qualifications and restrictions: 1. The disability must have resulted from an injury arising out of the discharge of official duties and/or while exercising some form of necessary job related activity as determined by the City; 2. The employee must be unable to return to work due to the injury as verified by a medical provider acceptable to the City; 3. The leave benefit shall not exceed the value of the employee's net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as Workers' Compensation, social security, long term disability or retirement benefits, or any form of governmental relief whatsoever; 4. The value of benefits provided to employees under this injury leave program shall not exceed the total of$5,000 per employee per injury; unless approved in writing by the employee's Department Head after receiving an acceptable treatment plan and consulting with the City's Risk Manager; 5. The City's Risk Manager shall be principally responsible for the review of injury leave claims provided that appeals from the decision of the City's Risk Manager may be reviewed by the Chief Administrative Officer who may make recommendations to the Mayor for final decisions; 6. If an employee is eligible for Workers' Compensation as provided by law; and is not receiving injury leave pursuant to this provision, said employee may elect in writing to the Director of Management Services to use either accumulated sick leave or hours from the RL 20 account, if applicable, and authorized vacation time to supplement Workers' Compensation so that the employee is receiving the employee's regular net salary. XIV. ADDITIONAL LEAVES OF ABSENCE. Additional unpaid leaves of absence may be requested in writing and granted to an employee at the discretion of the Department Director XV. INSURANCE A. Group Insurance. Employees of the City will be required to enroll for single coverage in the City's group medical insurance plan in conformity with and under the terms of an insurance plan adopted by the City, as permitted by ordinance. The City will provide a basic term life and accidental death plan. The City will also make available other bona fide benefit programs. Retired City employees and their eligible dependents may also be permitted to participate in the City's medical and dental plans under terms and conditions established by the City. The City shall cause the specific provisions of the group plan to be detailed and made available to the employees. The City will deduct from each payroll all monies necessary to fund the employees' share of insurance coverage and make all payments necessary to fund the plan,within budget limitations established by the City Council. B. The City will participate in the Nationwide Post Employment Health Plan, as adopted by the City by ordinance. The City will contribute $600.08 per year(prorated per employee's biweekly pay period) into each employee's Nationwide Post Employment Health Plan account. XVI. WORKERS' COMPENSATION In addition to the foregoing, the Mayor may provide for Workers' Compensation coverage to the employees under applicable provisions of State statute. XVII. LONG TERM DISABILITY COMPENSATION Optional long term disability is available to employees eligible under the City's Long Term Disability Program(Income Protection Program), subject to the terms and conditions of the plan. This program provides continuation of income to employees of the City who are permanently and totally disabled as defined under the program. XVIII. TRANSITIONAL DUTY. Depending on the City's need or legal requirement, employees may be placed temporarily in a transitional duty position, when illness or injury prevents them from performing their regular duties. XIX. SEPARATION FROM SERVICE 21 A. Social Security Adopted. The City hereby adopts the provisions of the Federal Social Security system and applies and extends the benefits of the old age and survivor's insurance of the Social Security Act to employees. B. Retirement Programs. The City hereby adopts the Utah State Retirement System for providing retirement pensions to employees covered by the plan. The City may permit or require the participation of employees in its retirement program(s) under terms and conditions established by the Mayor and consistent with state law. Such programs may include: 1. The Utah State Public Employees' Retirement System (Contributory and Non- Contributory) 2. Deferred Compensation Programs 3. Retirement Incentive Programs C. The 2005-2006 fiscal year retirement contribution rates for employees covered by this paragraph are shown in Appendix C. D. Layoffs. Whenever it is necessary to reduce the number of employees performing an activity or function defined by the Mayor or designee within a City department because of lack of work or lack of funds, the City shall minimize layoffs by readjustment of personnel through reemployment or bumping processes detailed in the City's Layoff Procedure. 1. Whenever layoffs are necessary, emergency, temporary, probationary, hourly and Regular Part-Time employees performing essentially the same duties as the aforesaid work activities or functions being reduced shall be laid off first. 2. Full-Time salaried employees shall be the last to be laid off in inverse order of the length of service of employees in the same job classification performing the same job functions and duties. 3. Full-Time salaried employees designated for layoff or actually laid off may request reemployment, or elect to bump if eligible. Once a choice is made, Division of Human Resources staff will focus their effort on the selected option. Under reemployment, the laid off employee may be placed in a vacant equal or lower classification job position, wherever situated in the City, for which the employee is qualified. Vacant means the Division of Human Resource Management has received a request to fill a position. Equal or lower classification means that the maximum salary for the vacant position shall be less than or equal to the maximum salary for the position being laid off. Under the bumping option, said employee, within the City department in which the layoff occurs, may bump the least senior, Full-Time employee or probationary employee (in a job position and function previously and actually held by said laid off employee regardless of whether the job title or classification has since changed). The 22 determination as whether the laid off employee is currently qualified for a position will be made by the Division of Human Resources, following the process outlined in the City's Layoff Procedure. 4. Future Application for Employment Once Laid Off. Employees who have not utilized either reemployment or bumping , and who leave the City's payroll will have the right to pre-bid (submit application prior to actual position opening) on positions in the 100 Series and 200 Series for a period of two years. They may also apply for 300 Series and 600 Series positions for a two-year period utilizing the City's internal applicant form. 5. Benefits Upon Layoff. Employees who are subject to layoff because of lack of work or lack of funds shall be eligible to receive: a. One hundred percent of their accumulated unused sick leave hours, if covered under paragraph XI.D. (Plan"A"); or b. One hundred percent of their RL account if covered under paragraph XI.E(Plan"B"). c. Accrued unused personal leave at 50%of the employees' base hourly rate, if covered under paragraph XI.E (Plan"B"). E. Separation From Employment Due To Resignations Or Otherwise 1. Every employee who is separated from City employment for any reason shall be paid for: a. Earned vacation time accrued, unused, and unforfeited as of the date of termination; b. Unused compensatory time off; and c. If a participant in "Plan B," any accrued and unused personal leave in accordance with paragraph XI.E.5 of this chapter. XX. RECOGNITION OF THE PROFESSIONAL EMPLOYEES COUNCIL The City recognizes the Professional Employees Council (PEC)to maximize input into decisions regarding this Compensation Plan. XXI. SENIORITY For purposes of this Compensation Plan, "seniority" shall be defined as an employee's continuous, full time salaried employment with the City. An employee's earned seniority shall not be lost because of absence due to authorized leaves of absence or temporary layoffs not to exceed two years. 23 XXII. AUTHORITY OF THE MAYOR Employees covered by this compensation plan may be appointed, classified, and advanced under rules and regulations promulgated by the Mayor, or the Civil Service Commission, if applicable, within budget limitations established by the City Council. XXIII. APPROPRIATION OF FUNDS All provisions in this compensation plan that involve the expenditure of funds are subject to appropriation of funds for such purposes. XXIV. JOB SHARING 1. Employees may be authorized, by the City, to job share a Full-Time "300 Series" or"600 Series" position. Under an authorized job share arrangement, the employees involved shall, pursuant to a written agreement between them, equally share in the compensation and benefits normally provided to the Full-Time position that is being shared. The Full-Time position that is being shared shall maintain its classification and the compensation and benefits equally shared shall be based on said classification. 2. A job share arrangement will not be authorized unless the following occurs: a. The employees, who are sharing a job, have voluntarily entered into a written agreement specifying the hours each will work and the equal allocation of benefits and compensation between them; and b. The Department Director has approved the job sharing arrangement. XXV. REGULAR PART-TIME EMPLOYEES A. "300 Series" and "600 Series"Regular Part-Time employees are employees whose jobs regularly require them to work twenty(20) or more but less than forty(40) hours a week. Regular Part-Time employees do not include seasonal employees and employees who job share under paragraph XXIV. B. Effective July 1, 2004, Regular Part-Time employees shall be paid a wage equal to a prorated amount of the salary of a similarly classified Full-Time employee as specified in salary schedules in Appendices "A" and "B." C. Unless otherwise modified by the Mayor, Regular Part-Time employees shall receive fifty percent (50%) of the following benefits subject to the conditions provided in this Plan: 1. Longevity Pay as specified in paragraph IV of this Plan. 24 2. Education and Training Pay as specified in paragraph VI of this Plan. 3. Holidays, vacation and other leaves of absence as specified in paragraphs X, XI, XII, XIII and XIV of this Plan. 4. City's contribution to insurance premiums as specified in paragraph XV of this Plan. D. Regular Part-Time employees shall receive insurance benefits as specified in paragraph XV, wage differentials as specified in paragraph VII and allowances as specified in paragraph VIII of this Plan. E. Regular Part-Time employees may participate in retirement programs as specified in paragraph XIX of this Plan. F. There shall be no cost to Regular Part-time employee for Short-term Disability insurance. Short-term disability benefits will be prorated. Appendix A - 600 Salary Schedule Bi-weekly Rates, effective July 19, 2005 Grade Minimum Midpoint Maximum 601 $ 1,308.90 $ 1,636.90 $1,964.10 602 $ 1,366.80 $ 1,708.70 $2,051.40 603 $ 1,428.80 $ 1,783.80 $2,138.70 604 $ 1,541.40 $ 1,926.60 $2,311.70 605 $ 1,561.00 $ 1,951.90 $2,341.90 606 $ 1,630.40 $ 2,038.40 $2,447.20 607 $ 1,681.00 $ 2,177.90 $2,674.80 608 $ 1,790.30 $ 2,309.30 $2,829.10 609 $ 1,881.70 $ 2,428.40 $2,974.30 610 $ 2,004.10 $ 2,606.30 $3,208.50 611 $ 2,085.70 $ 2,714.00 $3,342.30 612 $ 2,195.90 $ 2,833.20 $3,470.40 613 $ 2,365.60 $ 3,051.80 $3,738.10 614 $ 2,501.90 $ 3,228.90 $3,955.20 615 $ 2,748.30 $ 3,546.30 $4,343.60 Appendix B - 300 Salary Schedule Bi-Weekly Rates, effective July 19, 2005 25 Grade Minimum Midpoint Maximum 301 $ 934.30 $ 1,174.20 $ 1,414.90 302 $ 976.80 $ 1,199.50 $ 1,422.30 303 $ 1,021.60 $ 1,277.90 $ 1,534.10 304 $ 1,069.00 $ 1,341.50 $ 1,614.00 305 $ 1,117.90 $ 1,400.30 $ 1,682.60 306 $ 1,169.30 $ 1,462.30 $ 1,755.20 307 $ 1,228.90 $ 1,537.30 $ 1,845.00 308 $ 1,277.00 $ 1,596.10 $ 1,915.20 309 $ 1,334.20 $ 1,667.90 $ 2,001.60 310 $ 1,395.40 $ 1,743.80 $ 2,093.00 311 $ 1,459.80 $ 1,827.00 $ 2,193.40 312 $ 1,561.00 $ 1,975.50 $ 2,390.10 313 $ 1,629.60 $ 2,063.70 $ 2,497.80 314 $ 1,705.40 $ 2,158.30 $ 2,611.20 315 $ 1,780.50 $ 2,254.60 $ 2,727.90 Appendix C —Public Employees Retirement Plan Contributions Schedule UTAH STATE RETIREMENT CONTRIBUTIONS FY 2005/2006 Utah State Retirement System Employee Contribution Total Employee Contribution Paid by City Total Employer Contribution Grand Total Contribution Public Employee Contributory Retirement System 0 6.00% 7.08% 13.08% Public Employee Non-Contributory Retirement System 0 0 11.09% 11.09% Appendix D - Family and Medical Leave Act Policy 3.01.07 Note: The following City policy was in effect on the date of this plan's adoption. It is included here for information of employees. The City's FMLA policy may change during the term of this plan. Also, portions of the policy may be determined invalid by the courts. The City and its employees will comply with the Family Medical Leave Act, as defined in applicable law or regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not intended to and does not create substantive rights for employees. SALT LAKE CITY POLICY MANUAL FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07 26 GENERAL PURPOSE: To explain the circumstances under which eligible employees may take up to 12 weeks of unpaid,job-protected leave per 12 month period for certain family and medical reasons. I. THE FAMILY AND MEDICAL LEAVE ACT("FMLA") IS A FEDERAL LAW A. Entitles eligible employees to job protected, unpaid leave for up to 12 weeks per qualifying 12 month period for certain qualifying events and health conditions B. Provides for continuation of group health plan benefits during FMLA leave C. Restores the employee to the same or an equivalent job upon return to work D. Protects the employee from discrimination as a result of taking FMLA leave II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN A. The birth or adoption of a child; B. Placement of a foster child in the employee's home; C. A serious health condition of the employee; or D. The care for a spouse, child or parent with a serious health condition. III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY A. A husband and wife who are eligible for FMLA leave and are both employed by the City are limited to a combined total of 12 weeks of leave during the 12 month period if the leave is taken: 1. for the birth of a child or to care for the child after the birth; 2. for the placement of a child with the employee for adoption or foster care, or to care for the child after placement; or 3. to care for the employee's parent with a serious health condition. B. Where the husband and wife both use a portion of the total 12 week FMLA leave entitlement for one of the purposes set forth in IIIA, above, the husband and wife each are entitled to the difference between the amount he/she has taken individually and 12 weeks for FMLA leave for a qualifying event other than those identified in ILIA. IV. EMPLOYEE ELIGIBILITY To be eligible for FMLA leave, the employee must be: A. employed by the City for at least 12 months and B. employed by the City for a minimum of 1250 compensable work hours as determined under the Fair Labor Standards Act during the 12 month period immediately preceding the commencement of the leave. V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN 27 The 12 month period during which the 12 weeks of FMLA leave can be taken is measured forward from the date the employee's first FMLA leave begins. VI. EMPLOYEE RESPONSIBILITIES An employee will: A. Provide notice to his/her supervisor of the need for leave: 1. for leave that is foreseeable— at least 30 days in advance; 2. for leave that is unforeseeable—as soon as is practicable. B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced leave schedule basis. C. Provide medical certification for leave taken as a result of a serious health condition of the employee or of a serious health condition of the employee's spouse, parent or child, if requested by the City's designee. 1. Failure by the employee to comply with the certification requirements may result in a delay in the start of FMLA leave, a delay in the restoration of the employee to his/her position, or unprotected leave status. D. Comply with arrangements to pay the employee-paid portion of the group health plan benefit premiums (See Section XI). E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition, or the condition of his/her spouse, child or parent, and the intent to return to work at the conclusion of leave. F. Notify his/her supervisor of any changes in the circumstances for which leave is being taken. G. Provide his/her supervisor with a fitness for duty certification if required by his/her supervisor, timekeeper, or HR consultant upon the employee's return to work following the employee's serious health condition. VII. THE CITY'S RESPONSIBILITIES As the employer, the City, through its designees, will: A. Maintain coverage of group health plan benefits at the level and under the conditions coverage would have been provided if the employee had continued in employment without utilizing FMLA leave. B. Determine and notify the employee whether the leave will be counted against the employee's FMLA leave entitlement. C. Provide the requirements for furnishing medical certification for a serious health condition of the employee or for the serious health condition of a parent, child, or spouse of the employee and the consequences for failing to do so; D. Notify the employee of the requirement to substitute paid leave for the FMLA leave. E. Notify the employee of the requirements for making the employee-paid portion of group health plan benefit premium payments and the consequences for failing to make timely payments. 28 F. Notify the employee of the requirements to submit a fitness for duty certificate to be restored to employment. G. Notify the employee of his/her status as a"key employee," if applicable (See, XIID). H. Notify the employee of his/her right to return to his/her position or an equivalent position when leave is completed. I. Notify the employee of his/her potential liability to reimburse the City for the employer- paid group health plan benefit premium payments made while the employee is on unpaid FMLA leave, if the employee fails to return to work after the FMLA leave. VIII. MEDICAL CERTIFICATION A. The City will require medical certification of any serious health condition of the employee or of the serious health condition of the employee's spouse,parent or child. B. If the leave is foreseeable, the employee should provide the medical certification prior to taking the leave. C. If the leave is not foreseeable, the employee shall provide medical certification within 15 days after being requested to do so by the City's designee. D. An employee on approved FMLA leave will be required to inform his/her supervisor every 30 days regarding his/her status and intent to return to work upon the conclusion of the leave (See, also, Section VI E). E. The City reserves its right to require, at its own expense, second and third medical opinions, as specified by the FMLA. IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA LEAVE The City requires all employees utilizing FMLA leave to exhaust their paid leave allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined by the employee's contract or compensation plan. A. FMLA leave for qualifying events, other than the serious health condition of the employee 1. Plan A a. paid leave comes first from dependent leave, in the amount allowed in the contract/compensation plan. b. the remaining leave comes from the employee's vacation time. 2. Plan B a. either personal leave time and/or vacation time can be used b. severance account hours can be used in the same manner as sick leave hours are allowed under Plan A. B. FMLA leave for the serious health condition of the employee 1. Plan A a paid leave comes first from hospital leave (when appropriate); b followed by all sick leave c followed by vacation time 2. Plan B 29 a paid leave will be provided when appropriate from the Short Term Disability Insurance Program b personal leave, severance account hours, and vacation time will then be utilized in that order. C. Compensatory time may be used for an FMLA reason but any period of leave paid from the employee's accrued compensatory time account will not be counted against the employee's FMLA leave entitlement. D. Leave taken for a serious health condition covered under Workers' Compensation will be counted towards an employee's FMLA entitlement. Accrued paid leave may be used at the same time the employee is collecting a Workers' Compensation benefit only to the extent that it allows the employee to collect 100% of his/her net salary. X. INTERMITTENT LEAVE A. Leave may be taken intermittently or on a reduced leave schedule when medically necessary for medical treatment of a serious health condition, for recovery from such treatment or from the serious health condition, or when the serious health condition of a spouse, parent or child of the employee requires intermittent treatment and requires the employee's care and/or involvement in the treatment and or the care of the parent, child, or spouse. 1. When the need for intermittent or reduced schedule FMLA leave is foreseeable, the employee must make reasonable attempts to arrange the schedule of the leave so as not to unduly disrupt the City's operations. B. The employee taking intermittent leave under the FMLA may be required to transfer temporarily to an available alternative position for which the employee is qualified. The alternative position must have equivalent pay and benefits and better accommodate recurring periods of leave than the employee's regular position. FMLA leave taken for the birth or adoption of a child or for the placement of a foster child in the employee's home cannot he taken on an intermittent or reduced leave schedule. XI. BENEFITS WHILE ON FMLA LEAVE A. For the duration of FMLA leave, the City will pay the City-paid portion of the premiums for group health plan benefit coverage, which includes medical insurance coverage, Basic Employee Term Life Insurance, and Short Term Disability Insurance, subject to Section XIA3. 1. While on FMLA leave utilizing paid leave, the employee-paid portion of the group health plan benefit premiums are deducted from employee's check as usual. 2. When FMLA leave is unpaid, the employee must contact the Benefits Section of Human Resources (535-7900) to make arrangements to pay the employee portion of the insurance premiums. The employee and employer will agree in writing as to the way the employee-paid portion of the group health benefit plan premium payments will be paid, under the four allowable options: a. Payment would be due at the same time as it would be made if by payroll deduction; b. Payment would be due on the same schedule as payments are made under COBRA; c. Payment would be prepaid pursuant to a cafeteria plan at the employee's option; or 30 d. Prepayment of the employee-paid portion of the group benefit plan premiums through increased payroll deductions before the leave is taken, when the need for unpaid FMLA leave is foreseeable, or payment of the employee-paid portion of the group benefit plan premiums through increased deductions after the employee returns to work following unpaid FMLA leave when the need for unpaid FMLA leave is not foreseeable. 3. If the employee-paid portion of the group health plan benefit premium is more than 30 days late, the City's obligation to maintain group health plan insurance coverage will cease. a. The City, through its designee, will provide written notice at least 15 days prior to the date coverage will be cancelled that payment has not been received. b. The employee will have 15 days after the date of notification, or 30 days from the date the premium was due, whichever is greater, to make the required premium payment(s). c. If the employee fails to pay his/her portion of the group health plan benefit premium(s), the employee will lose his/her group health plan benefit coverage. B. The City is not responsible for maintaining non-health care related benefits paid directly by the employee through voluntary deductions (dental, supplemental and dependent life insurance, accident insurance plans, or LTD). It is the employee's responsibility to make arrangements through the Benefits Section of Human Resources (535-7900) for the payment of those benefit premiums when on unpaid FMLA leave. C. If an employee fails to return to work after unpaid FMLA leave has ended, the employee shall reimburse the City all City-paid group health plan benefit premiums it paid on behalf of the employee unless the failure to return from leave is due to: 1. the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member which would otherwise entitle the employee to leave under FMLA; 2. other circumstances beyond the employee's control. D. An employee is considered to have returned to work following FMLA leave if he/she returns for at least 30 calendar days. E. An employee's seniority will not be interrupted if the employee utilizes paid leave while on FMLA leave. Once paid leave is exhausted, no seniority or pension credit will be accumulated for the unpaid FMLA leave time. Upon return from unpaid leave the employee's seniority will continue where the accumulation left off. XII. RETURN TO WORK AFTER FMLA LEAVE A. Upon return to work following FMLA leave, the employee must provide a medical certification of the employee's fitness to return to work if the FMLA leave was taken for the employee's own serious health condition. B. If the employee fails to provide a fitness certificate after being notified by the City of the need for the certificate, the City, through its designee, may delay the employee's return to work until the fitness certificate is provided. C. An employee will be returned to his/her job or an equivalent job with equivalent pay, benefits, and working conditions, if the original job is not available. D. Key employees that earn salaries in the top ten percent of Salt Lake City Corporation's workforce and whose return would cause "substantial and grievous economic injury" or hardship to the City's operations, may not be reinstated. 31 E. The City may take any personnel action/decision that would have happened if the employee had continued to work while the employee is on FMLA leave. 32 SALT LAKE CITY ORDINANCE No. of 2006 (Bereavement Leave and Dependent Leave Related to An Adult Designee of An Employee) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE 33 OF 2005, WHICH APPROVED THE COMPENSATION PLAN FOR"800 SERIES" EMPLOYEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the attached amendments to the Compensation Plan for"800 Series" employees adopted by Salt Lake City Ordinance 33 of 2005. Three copies of said Compensation Plan amendments shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The amendments to the Compensation Plan shall not apply to employees whose employment terminated prior to the effective date of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2006. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR 4:17tST ._ �...... CHIEF DEPUTY CITY RECORDER APPROVED A5 TO F® ?5,i (SEAL) Salt Lake Clay Attorneys Office Date `r Ze:06 Bill No. of 2006. ay Published: I:\Ordinance 06\Bereavement Leave Ordinance-800 Series-02-01-06 draft.doc 2 COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION "800 SERIES" CITY EMPLOYEES I. EFFECTIVE DATE The provisions of this plan shall be effective, commencing June 19, 2005, and as amended effective 2006. II. EMPLOYEES COVERED BY THIS PLAN Employees subject to this plan shall be full-time Sergeants, Lieutenants and Captains in the City's Police Department classified as "800 Series" City employees. Employees are not covered by the paid leave and longevity payment provisions of this plan while they are on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of certain leave and longevity benefits as provided by city ordinance. III. WAGES AND SALARIES A. 1. To the degree that funds permit, employees classified as "800 Series" employees shall be paid monthly salaries that: a. Achieve equal pay for equal work; and b. Attain comparability of salaries to salaries used by other public employers for similar work. 2. Based on periodically conducted market surveys, the Mayor shall determine the comparability of City salary ranges to salary ranges used by other public employers for similar work. The surveys shall include a cross section of comparable benchmark positions in public organizations of generally similar size, breadth of functional responsibility, and, for public entities, comparable governance structures. 3. The compensation plans may provide salary range widths that reflect the normal growth and productivity potential of employees within a job classification. 4. The Mayor shall develop policies and guidelines for the administration of the pay plans. 5. The pay administration policies may provide for annual salary adjustments subject to availability of funds. B. 3 1. Employees, who are classified as Captains and Lieutenants shall, for purposes of this compensation plan and its wage schedules, be deemed as exempt employees. Employees classified as Sergeants shall be for purposes of this compensation plan and its wage schedules be deemed as non-exempt employees. a. As used in this Compensation Plan, exempt employees shall mean employees who are defined by §213 of the Fair Labor Standards Act (the "Act") as exempt from the Act's overtime provisions. b. As used in this Compensation Plan, non-exempt employees shall mean employees who are covered by the overtime provisions of the Act. 2. Effective June 19, 2005 to June 30, 2006, employees covered by this plan shall be paid compensation according to the salary schedule attached as APPENDIX "A." C. Effective June 19, 2005, employees classified as Sergeants and Lieutenants will be paid shift differentials as follows: 1. Sergeants and Lieutenants whose shift begins from 0500 hours to 1159 hours, shall be paid in accordance with column "A" of the effective wage schedule (Appendix "A"). 2. Sergeants and lieutenants, whose shift begins from 1200 hours to 1859 hours, shall be paid in accordance with column "B" of the effective wage schedule (Appendix "A"). 3. Sergeants and lieutenants, whose shift begins from 1900 hours to 0459 hours, shall be paid in accordance with column "C" of the effective wage schedule (Appendix "A"). D. The foregoing shall not restrict the Mayor from distributing appropriated monies to employees of the City in the form of retirement contributions; lump sum supplemental performance based or special supplemental payments to employees within per annum pay limitations; or classifying and advancing employees under rules established by the Mayor. IV. LONGEVITY PAY A. Employees who have completed 6 consecutive full years of employment with the City, shall receive a monthly longevity benefit in the sum of$50.00. Said benefit shall be $75.00 per month for employees who have completed 10 consecutive full years of employment with the City. Said benefit shall be $100.00 per month for employees who have completed 16 full years of employment with the City. Said benefit shall be $125.00 per month for employees who have completed 20 full years of employment with the City. The computation of longevity pay shall be based on the most recent date the person became a full-time salaried employee. B. Longevity paid to employees pursuant to paragraph IV.A shall be deemed included within base pay for purposes of pension contributions. 4 C. The benefit under this Article IV is paid pro-rata each bi-weekly pay period, based on the most recent date the person became a full-time salaried employee. Employees do not earn or receive longevity payments while on unpaid leave of absence. Upon return from an approved, unpaid leave of absence, longevity payments will resume on the same basis as if the employee had not been on such leave of absence. V. OVERTIME COMPENSATION A. Employees classified as Sergeants who are authorized and required by their supervisors to perform City work on an overtime basis according to City policy shall be compensated by pay or compensatory time off under rates and procedures established by said policy. It shall be at the discretion of the City, subject to the limitations of the Fair Labor Standards Act and City policy, to determine whether a sergeant receives cash payment or compensatory time off. All overtime work must be pre-authorized. In no case shall overtime compensation exceed the rate of 1-1/2 times a sergeant's regular hourly rate of pay. B. Compensation for Court and Other Appearance. 1. A Sergeant shall be entitled to receive compensation for a court or administrative proceeding appearance as a witness subpoenaed by the City, the State of Utah, or the United States as follows: a. Court or as a party to legal or administrative proceeding appearances made while on-duty shall constitute normal hours of work. b. In the event a court or administrative proceeding appearance extends beyond the end of the employee's regularly schedule shift, such time spent in court or administrative proceedings will be treated as normal work time for the purpose of computing an employee's overtime compensation. c. Court or administrative proceeding appearances made while off-duty will be compensated as follows: (1) Employees shall be paid at the rate of one and one-half times their regular rate of pay for two (2)hours or time spent while off-duty for preparation in conjunction with such appearances; provided, however, that no employee is authorized to, and shall not spend in excess of two (2) hours while off-duty in preparation for a court or administrative proceeding appearance. (2) In addition to the compensation provided in (1) above, employees shall be paid at the rate of one and one-half times their regular rate of pay for the actual time spent in court or in an administrative proceeding. Time granted by a court or administrative body to Sergeants for lunch shall not be compensated hereunder. 5 (3) In the event the time spent in court or administrative proceeding extends into the beginning of the employee's regularly scheduled work shift, time spent in court or in administrative proceeding shall be deemed ended at the time such shift is scheduled to begin. 2. Compensation shall be provided by authority of this section only if: a. The beginning time of the required appearance is noted on the subpoena; b. The time the employee is released from the court or administrative proceeding appearance is noted on the subpoena and initialed by the prosecuting attorney or appropriate government representative; c. A copy of the employee's subpoena complying herewith is delivered to their supervisor within seven(7) working days following the court or administrative proceeding appearance. 3. Compensation for preparation time shall be provided for more than one appearance per day, only if any additional appearance is scheduled to begin at least two (2) hours after the employee is released from any prior court or administrative proceeding appearance. 4. The prosecuting attorney or appropriate government representative shall have the right and the duty to refuse to initial the subpoena of any employee who through absence or neglect fails to appear in compliance with the terms of the subpoena. Any employee failing to appear in compliance with the terms of a formal notice or subpoena shall be subject to disciplinary action. VI. EDUCATION, CAREER LADDER AND TRAINING PAY A. The Mayor may adopt programs to promote employee education and training, provided that all compensation incentives under such programs are authorized within appropriate budget limitations established by the City Council. For 800 series employees who participate in the City approved career ladder program, educational degrees will be included as part of the point system and will not be paid seperately. There shall be a career path incentive program based on the terms and conditions agreed to by the City and the 800 series officers. This program shall be funded for the term of this contract. B. 1. In addition to the salaries herein provided, employees shall be entitled to the following monthly allowances according to the educational degree held by such employees: (a) Doctorate $100.00 per month (b) Masters $75.00 per month (c) Bachelors $50.00 per month 6 (d) Associate $35.00 per month 2. An employee shall be eligible for education pay hereunder following submission of employee's diploma evidencing completion of degree requirements at a fully accredited college or university to the Chief of Police or designee. 3. The foregoing notwithstanding, no employee shall be entitled to compensation under this Article for an educational degree that qualifies the employee for the employee's position of employment; or for any degree that is not specifically related to the employee's actual employment duties as determined by the City upon recommendation of the Chief of Police. 4. Further, an employee who obtains a degree or advanced degree through the City's Tuition Reimbursement Program shall not receive education pay under this section for the degree obtained. 5. For the purposes of this subsection, degrees in the following shall be presumed to be job related: (a) Business (b) Pharmacy (c) Health (d) Public Administration (e) Law (f) Social, Behavioral, or Political Science (g) Medicine (h) Social Work (i) Nursing (j) Humanities (k) Criminal Justice (1) Communication C. Police Captains and Lieutenants are eligible for a$500 per year job-related training allowance, which is in addition to the allowances listed above in this Section VI. 7 VII. WAGE DIFFERENTIALS Employees classified as Sergeants may receive the following wage differentials: A. Call Out. Sergeants who have been released from their scheduled work shifts and have been directed by an appropriate division head or designated representative to perform work without at least 24 hours advance notice or scheduling, shall be compensated as provided in subparagraphs one(1) through three (3)below: 1. Sergeants who are directed to report to work shall receive a minimum of four(4) hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual hours worked, whichever is greater. 2. Sergeants who are assigned to day shift, and who are directed to perform work within eight (8) hours prior to the beginning of their regularly scheduled shift shall receive a minimum of four(4) hours compensation at one and one-half times their hourly wage rate, or one and one- half times their hourly wage rate for actual hours worked, whichever is greater. 3. Sergeants who are assigned to the afternoon or graveyard shifts, and who are directed to perform work within eight (8) hours following the end of their regularly scheduled shift shall receive a minimum of four(4)hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual hours worked, whichever is greater. B. Standby. Sergeants directed by their Division Commander or designee to keep themselves available for City service during otherwise off-duty hours shall receive the following compensation: a Sergeant will be compensated one (1) hour of straight time for each twenty-four (24) hours or significant portion thereof for being immediately available. This compensation shall be in addition to any callout pay or pay for time worked the employee may receive during the standby period. C. Extra-Duty Shifts. 1. For the purposes of this Article VII.B., "extra-duty shifts" are defined as scheduled or unscheduled hours worked other than the sergeant's normally scheduled work shifts. "Extra-duty shifts" do not include extension or carry over of the sergeant's normally scheduled work shift. 2. In the event sergeants are required by the City to work extra-duty shifts, time worked during each shift will be paid at one and one-half times the sergeant's hourly wage rate. VIII. ALLOWANCES 8 A. Meal Allowance. Sergeants shall be eligible for meal allowances in the amount of$8.00 when said employees work 2 or more hours, as pre-approved by their supervisor, consecutive to their normally scheduled shift. Said employees may also receive $8.00 for each additional 4 hour consecutive period of work which is in addition to the normally scheduled work shift. B. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for actual expenses reasonably incurred in the performance of City business. Advancement or reimbursement shall be approved only for expenses documented and authorized in advance within budget limitations established by the City Council. C. Automobiles. 1. The Mayor may authorize, under City policy, an employee to utilize a City vehicle on a take-home basis, and shall, as a condition of receipt, require said employee to reimburse the City for a portion of the take-home vehicle cost as provided in City ordinance. 2. Employees who are authorized to use, and who do use, privately owned automobiles for official City business shall be reimbursed for the operation expenses of said automobiles at a rate as specified in City policy. D. Uniform Allowance. 1. Employees in uniform assignments, as determined by their Division Commander, may purchase authorized uniform items up to $450.00 per fiscal year. 2. The CITY shall provide for the cleaning of uniforms as described in Police Department policy. 3. Employees in plainclothes assignments, as determined by their Division Commander, shall be provided a clothing and cleaning allowance of $ 39.00 per pay period. 4. In addition to the above uniform, clothing and cleaning allowances, employees shall be allowed one additional uniform consisting of a uniform pant, shirt, and tie. The cost of this additional uniform will be paid for by the Police Department. E. Other Allowances. The Mayor may, within budgeted appropriations, authorize the payment of other allowances in extraordinary circumstances (as determined by the Mayor) and as dictated by City needs. IX. HOURS OF SERVICE Hours Worked. For all sergeants 40 hours shall constitute a normal work week except for work incentive programs approved by the City. Overtime work is to be discouraged. In case of 9 unforeseen circumstance or whenever public interest demands, an employee may be required to perform overtime work by a Division Commander or designee. This paragraph shall not be construed to limit or prevent the City from changing or establishing work shifts as the need arises or to guarantee employees 40 hours work per week. The City has adopted variable 40 hour work week schedules including 8 hour, 10 hour, and 12 hour shifts. It is the intent of the City to give reasonable notice of any work schedule and shift changes to all affected employees. A shift change shall mean a change from one permanent shift (day shift, swing shift, graveyard shift) to another permanent shift. X. HOLIDAYS AND VACATION Employees shall receive holidays and vacations as provided in this paragraph X. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. A. Holidays The following days shall be recognized and observed as holidays for employees covered by this plan. Such employees shall receive their regular rate of pay for each of the unworked holidays: 1. New Year's Day, the first day of January. 2. Martin Luther King Day, the third Monday of January. 3. President's Day, the third Monday in February. 4. Memorial Day, the last Monday of May. 5. Independence Day, the fourth day of July. 6. Pioneer Day, the twenty-fourth day of July. 7. Labor Day, the first Monday in September. 8. Veteran's Day, the eleventh day of November. 9. Thanksgiving Day, the fourth Thursday in November. 10. The Friday after Thanksgiving Day. 11. Christmas Day, the twenty-fifth day of December. 10 12. One personal holiday shall be taken upon request of the employee at the discretion of the supervisor. When any holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council. No employee shall receive in excess of one day of holiday pay for a single holiday. Employees must work or be on authorized leave their last scheduled working day before and the next working day following the holiday to qualify for holiday pay. B. Holiday Pay Upon Termination or Retirement When an employee retires or separates from City employment for any reason, the City shall compensate the employee for any holiday time accrued and unused during the preceding twelve (12) months. The City shall not compensate the employee for any unused holiday time accrued before the twelve (12)months preceding the employee's retirement or separation. C. Vacations 1. Employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions in this paragraph. 2. The following schedule shall apply: Years Hours of Vacation Accrued of Per Biweekly City Service Pay Period 0 to end of year 3 3.08 4 to 6 3.69 7 to 9 4.62 10to 12 5.54 13 to 15 6.15 16 to 19 6.77 20 or more 7.69 11 For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded on the 27th pay period. 3. Employees may accumulate vacations, (including both accrued vacation and sick leave conversion time), according to the length of their full-time Years of City Service up to the following maximum limits: Up to 9 years Up to 30 days After 9 years Up to 35 days After 14 years Up to 40 days "Days," herein, means "8 hour" days. Any vacation accrued beyond said maximums shall be deemed forfeited unless utilized prior to the end of the calendar year in which the maximum has been accrued. However, in the case of an employee returning from an unpaid military leave of absence, related provisions under city ordinance shall apply. 4. Years of City Service shall be based on the most recent date the person became a Full- Time employee. 5. Vacation Buy Back. The City may purchase within any calendar year up to, but not exceeding, 80 hours of accrued vacation time, to which an employee is entitled, with the consent of said employee and upon favorable written recommendation of the Chief of Police and the approval of the Chief Administrative Officer. Said purchase of accrued vacation time may be authorized, in the discretion of the City, when, in its judgment, it is demonstrated that: a. The cash payment in lieu of vacation time use shall not interfere with an employee's performance or create an unreasonable hardship on said employee; b. There is a demonstrated need for the City to retain the services of the employee for said vacation time; and c. There are sufficient funds in the department budget to pay for the vacation time as certified by the Chief Administrative Officer or designee, without disturbing or interfering with the delivery of City services. 12 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 City. 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. The City shall make a diligent effort to provide employees their earned annual vacation, and shall, through appropriate management efforts, seek to minimize the recommendations for cash payments in lieu of vacation use. Any vacation purchased by the City shall be considered to be an extraordinary circumstance and not a fringe benefit of the employee. XI. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. A. Benefits in this section continue income to employees during absence due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act (FMLA). This is a federal law that provides up to 12 weeks of unpaid leave each year, and protects jobs and health care benefits for eligible employees who need to be off work for certain"family and medical"reasons. APPENDIX C outlines the FMLA rights and obligations of the employee and the City. The City requires all employees using FMLA leave to exhaust their paid leave allotments for FMLA-qualifying events prior to taking FMLA leave unpaid. The paid leave parameters are defined in this Compensation Plan. Employees do not earn or receive leave benefits under this Section XI. while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. B. Full-Time employees shall receive benefits in this section either under a plan as provided in paragraph XI.H. (Plan"A"), or as provided in paragraph XI.I. (Plan`B"). C. Employees hired on or after November 16, 1997 shall participate in Plan B. All other employees shall participate in the plan they participated in on November 15, 1998 except as provided in paragraphs XI.D. and XI.E. D. Employees who were promoted from the 500 Series to the 800 Series after November 15, 1998 and before July 1, 2004, may, during an election period beginning July 1, 2004 and ending July 30, 2004, choose to participate in Plan B effective November 7, 2004. E. Employees who are promoted from the 500 Series to the 800 Series on or after July 1, 2004 may, during an election period beginning on the day such promotion is effective and ending 30 calendar days thereafter, choose to participate in Plan B effective the beginning of the next Plan B plan year. F. 800 Series employees choosing to participate in Plan B as provided under paragraphs D. or E. above, shall have 50 percent of their accumulated sick leave hours transferred to Plan B and held under the Plan B Retirement/Layoff(RL)Account. 13 G. Election under paragraphs XI.D. or XI.E. above shall be made on a written authorization form provided by the City. Once made and submitted, the election shall be irrevocable. H. Plan "A." 1. Sick Leave. a. Sick leave shall be provided for employees under this Plan"A" as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish rules governing the interfacing of sick leave and worker's compensation benefits and avoiding, to the extent allowable by law, duplicative payments. b. Each employee shall accrue sick leave at a rate of 4.62 hours per pay period. For any plan year in which there are 27 pay periods, no sick leave hours will be awarded on the 27th pay period. Unused sick leave may be accumulated from year to year subject to the limitations of this plan. c. Under this Plan"A," Full-Time employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave earned and unused during any given year to vacation. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. (1) Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying Human Resource Management, in writing not later than the second payperiod of the new calendar year. Otherwise, the opportunity to waive conversion, or elect conversion other than the maximum allowable amount, shall be deemed waived for that calendar year. In no event shall sick leave days be converted from other than the current year's sick leave allocation. (2) Any sick leave hours, properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other vacation hours to which the employee is entitled; provided, however, that in no event shall an employee be entitled to any pay or compensation upon an employee's termination for any sick leave converted to vacation. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. 2. Hospitalization Leave a. Hospitalization leave shall be provided for Full-Time employees under this Plan"A," in addition to sick leave authorized hereunder, as insurance against loss of income when employees 14 are unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital in-patient admission. b. Employees shall be entitled to 30 days of hospitalization leave each calendar year. Hospitalization leave shall not accumulate from year to year. Employees may not convert hospitalization leave to vacation or any other leave, nor may they convert hospitalization leave to any additional benefit at time of retirement. c. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine), for a scheduled surgical procedure, may report the absence from the affected shift as hospitalization leave, with the prior approval of their division head or supervisor. d. Employees who must receive urgent medical treatment at a hospital, emergency room, or acute care facility, and who are unable to perform their duties during a shift due to urgent medical treatment, may report the absence from the affected shift as hospitalization leave. The employee is responsible to report the receipt of urgent medical treatment to the employee's Division head or supervisor as soon as practical. For purposes of use of Hospitalization Leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected shift. e. Employees who are admitted as an inpatient to a hospital for medical treatment, so they are unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. f. Medical treatment consisting exclusively or primarily of post-injury rehabilitation or therapy treatment,whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. g. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Bereavement Leave a. Under this Plan "A"time off with pay will be granted to an employee who suffers the loss of a wife,husband, child, mother, father, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step- grandmother, grandchild, or grandstepchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or the child, mother, father, brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid his or her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral leave on the day following the service if: such service is held more than 150 miles distance from Salt Lake City; if the employee attends 15 the service; and the day following the service is a regular work shift. Satisfactory proof of such death, together with the date thereof; the date and location of the funeral or memorial service, and the date of burial, must, on request, be furnished by the employees to their supervisor. b. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before 2006. bc. In the event of death of an uncle, aunt, niece, nephew, or first cousin to the respective employee, said employee will be paid for time off from scheduled working hours while attending the funeral or memorial service for such person, not to exceed one shift. I ed. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay, or may use available vacation leave, while attending the funeral or memorial service for such person, subject to the approval of his or her immediate supervisor. I de. In the event the death of any member of the immediate family as set forth in this paragraph XI.D.3(a) occurs while an employee is on vacation, his or her vacation will be extended by the amount of time authorized as bereavement leave under said paragraph. ®£ The provisions of this paragraph shall not be applicable to employees who are on leave of absence other than vacation leave. 4. Dependent Leave. a. Under Plan "A," paid dependent leave may be requested by a Full-Time employee I covered by this Compensation Plan for the following FMLA qualifying reasons: (See also APPENDIX C.) l. Becoming a parent through birth or adoption of a child or children. 2. Placement of a foster child in the employee's home. 3. Due to the care of the employee's child, spouse, or parent with a serious health condition., or if an employee has designated an adult designee, then due to the care of the adult designee or the child of the adult designee with a serious health condition. Adult designees and the child of the adult designee are not covered by FMLA. b. Under Plan "A," dependent leave may also be requested by a Full-Time employee to care for an employee's child, spouse or a parent who is ill or injured but who does not have a serious health condition, or if an employee has designated an adult designee, then dependent leave may also be requested by an employee to care for the adult designee or the child of the designee who is ill or injured but who does not have a serious health condition. 16 c. "Adult designee"means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this dependent leave benefit is not effective before , 2006. ed. The following provisions apply to the use of dependent leave by a Full-Time employee. (1) Dependent leave may be granted with pay on a straight time basis. (2) If the employee has accumulated and available unused sick leave, the employee shall be entitled to use as dependent leave accumulated and available unused sick leave. (3) The employee shall give notice of the need to take dependent leave and the expected I duration of such leave to te-his or her supervisor as soon as possible under the circumstances. (4) The employee shall provide, upon request of the supervisor, certification of birth or evidence of a child placement for adoption, or a letter from the attending physician in the event of hospitalization, injury or illness of a child, spouse or parent, or adult designee or adult designee's child within five calendar days following termination of such leave. (5) An employee's sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this paragraph, provided, however, that up to 40 hours of dependent leave used during the calendar year will not affect the sick leave conversion options as outlined in paragraph XI.D.1.c. (6) Probationary employees are not eligible for dependent leave. 5. Career Incentive Leave, Plan"A." Employees who have been in consecutive Full-Time employment with the City for more than 20 years, and who have accumulated to their credit 1500 or more sick leave hours, may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid Career Incentive Leave. Career Incentive Leave must be taken prior to retirement. Sick leave hours converted to Career Incentive Lease will not be eligible for a cash payout upon termination or retirement even though the employee has unused Career Incentive Leave hours available. This leave can be used for any reason. Requests for Career Incentive Leave must be submitted in writing to the Chief of Police and be approved subject to the department's business needs (e.g., work schedules and workload). 6. Retirement Benefit, Plan"A." a. Persons who retire under the eligibility requirements of the Utah State Retirement Systems will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25% of the accumulated sick leave days reserved for the benefit of said employee at the date of the employee's retirement. 17 b. In lieu of the above, Full-Time employees may elect to convert the sick leave privilege provided above to hospital and surgical coverage. If such an election is made in writing, 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee's available sick leave account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase due to group experience, the number of months of coverage will decrease. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. I. Plan"B." 1. The benefit Plan Year of Plan `B" begins in each calendar year on the first day of the pay- period that includes November 15. Under this Plan"B,"paid personal leave shall be provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury, to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee's own illness or disability—or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the City and any policies regarding the use of such leave adopted by the department in which the employee works. 2. Each employee under this Plan "B" shall be awarded personal leave hours based on the following schedule: Months of Consecutive Hours of Personal City Service Leave Per Bi-Weekly Pay Period Less than 6 1.54 Less than 24 2.31 24 or more 3.08 For any plan year in which there are 27 pay periods, no personal leave hours will be awarded on the 27th pay period. 3. Not later than October 31st in each calendar year, employees covered by Plan`B"may elect, by notifying their Personnel/Payroll Administrator in writing, to do any of the following: 18 a. Convert any unused personal leave hours available at the end of the first pay period of November to a lump sum payment equal to the following: For each converted hour, the employee shall be paid 50 percent of the employee's hourly base wage rate in effect on date of conversion. In no event shall total pay hereunder exceed 40 hours pay, or b. Carryover to the next calendar year up to 80 unused personal leave hours, or c. Convert a portion of unused personal leave hours, to a lump sum payment as provided in subparagraph(a) above and carry over a portion as provided in subparagraph(b) above. 4. Maximum Accrual. A maximum of 80 hours of personal leave may be carried over to the next plan year. Any personal leave hours unused or converted before the end of the calendar year in excess of 80 shall be converted to a lump sum payment as provided in subparagraph 3.a above. 5. Termination Benefit. At termination of employment for any reason, accumulated unused personal leave hours shall be paid to the employee at 50 percent of the hourly base wage rate on date of termination for each unused hour. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour, with supervisory approval. b. Except in unforeseen circumstances, such as emergencies or the employees' inability to work due to their illness or accident, the employees must provide their supervisors with prior notice to allow time for the supervisors to make arrangements necessary to cover the employees' work. c. For leave due to unforeseen circumstances, the employees must give their supervisors as much prior notice as possible. 7. Bereavement Leave. a. Under this Plan"B,"time off with pay will be granted to an employee who suffers the loss of a wife, husband, child,mother, father, brother, sister, father-in-law, mother-in-law, son- in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or child, mother, father, brother, sister of the adult designee. In the event of death in any of these instances, the employee will be paid his/her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral leave on the day following the funeral or memorial service if such service is held more than 150 miles distance from Salt Lake City and if the day following the service is a regular work shift. Satisfactory 19 proof of such death, together with the date thereof, the date and location of the service, and the date of burial, must, on request, be furnished by the employees to their supervisors. b. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before 2006. I be. In the event of death of an uncle, aunt, niece, nephew, or first cousin to the respective employee, said employee shall be allowed to use personal leave or vacation for time off from scheduled working hours to attend the funeral or memorial service for such person. ed. In the event of death of friends or relatives not listed above, an employee may be allowed to use personal leave or vacation for time off to attend the funeral or memorial service for such person, subject to the approval of their supervisor. 8. Career Enhancement Leave, Plan "B." An employee covered under this Plan "B" is eligible, after 15 years of full-time service with the City, to be selected to receive up to two weeks of career enhancement leave. This leave could be used for formal training, informal course of study,job-related travel, internship,mentoring or other activity that could be of benefit to the City and the employee's career development. Selected employees shall receive their full regular salary during the leave. Request for this leave must be submitted in writing to the Police Chief, stating the purpose of the request and how the leave is intended to benefit the City. The request must be approved by the Police Chief and by the Human Resources Director(who will review the request for compliance with the guidelines outlined here). 9. BenefitRetirement/Layoff(RL) Benefit, Plan"B." a. Employees currently covered under Plan"B" who were hired before November 16, 1997, and who elected in 1997 to be covered under Plan"B," shall have a retirement/layoff account (hereinafter referred to as an"RL" account) equal to sixty percent of their accumulated unused sick leave hours available on November 16, 1997, minus any hours withdrawn from that account since it was established. b. Full-Time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan"B," shall have an RL account equal to fifty percent of their accumulated unused sick leave hours available on November 14, 1998, minus any hours withdrawn after the account is established. c. Payment of the RL Account. (1) All of the hours in the RL account shall be payable at retirement or layoff as follows: The employee shall be paid the employee's hourly rate of pay on date of termination or layoff for each hour in the employee's RL account. 20 (2) In the case of retirement only, in lieu of the above, employees may elect in writing to convert the RL account payment as provided herein to hospital and surgical coverage. Such payment shall be subject to any state and federal income and social security tax withholding required by law. An employee's available RL account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage that may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase due to group experience, the number of months of coverage will decrease. d. Hours may be withdrawn from the RL account for emergencies after personal leave hours are exhausted, and with approval of the employee's supervisor. RL account hours may also be used as a supplement to Workers' Compensation benefits which, when added to the employees' Workers' Compensation benefits, equals the employee's regular net salary. The employee must make an election in writing to the Chief of Police or designee to use RL account hours as to supplement Workers' Compensation benefits. 10. Short Term Disability Insurance, Plan "B." Protection against loss of income when an employee is absent from work due to short term disability shall be provided to employees covered under Plan`B"through short term disability insurance(SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with the terms determined by the City. As one of the conditions of receiving SDI, the employee may be required to submit to a medical examination by a medical provider of the City's choosing. XII. MILITARY LEAVE AND JURY DUTY A. Leave of absence for employees who enter uniformed service. An employee who enters the service of a uniformed services of the United States, including the United States Army, United States Navy, United States Marine Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, or the commissioned corps of the Public Health Service, shall be entitled to be absent from his or her duties and service from the City without pay as required by state and federal law. Said leave shall be granted for no more than five cumulative years, consistent with the federal Uniform Services Employment and Reemployment Rights Act (USERRA). B. Leave while on duty with the armed forces or Utah National Guard. Employees covered by this Plan who are or who shall become members of the reserves of a federal armed forces, including United States Army, United States Navy, United States Marine Corps, United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent on duty with such agencies. This leave shall be in addition to the annual vacation leave with pay. To qualify, employees claiming the benefit under this provision shall provide documentation to the City demonstrating duty with such agencies. To qualify, duty herein need not be consecutive days of service. 21 C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the State and Federal Courts subject to the conditions hereinafter set forth. No reduction in an employee's salary or regular wages shall be made for absence from work resulting from such jury service. On those days that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours from the City, he or she shall forthwith return to and carry on his or her regular City employment. Employees who fail to return to return to work after being excused from jury duty for the day shall be subject to discipline. XIII. INJURY LEAVE A. Injury Leave. The City shall establish rules governing the administration of an injury leave program for employees under the following qualifications and restrictions: 1. The disability must have resulted from an injury arising out of the discharge of official duties and/or while exercising some form of necessary job related activity as determined by the City; 2. The employee must be unable to return to work due to the injury as verified by a medical provider acceptable to the City; 3. The leave benefit shall not exceed the value of the employee's net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as Workers' Compensation, social security, long term disability or retirement benefits, or any form of governmental relief whatsoever; 4. The aggregate value of benefits provided to employees under this injury leave program shall not exceed the total of$5,000 per employee per injury; unless approved in writing by the Mayor for extraordinary reasons or circumstances; 5. The City's Risk Manager shall be principally responsible for the review of injury leave claims provided that appeals from the decision of the City's Risk Manager may be reviewed by the Chief Administrative Officer who may make recommendations to the Mayor for final decisions; 6. If an employee is eligible for Workers' Compensation as provided by law; and is not receiving injury leave pursuant to this provision, said employee may elect in writing to the Chief of Police or designee to use either accumulated sick leave or hours from the RL account, if applicable and authorized vacation time to supplement Workers' Compensation so that the employee is receiving the employee's regular net salary. XIV. ADDITIONAL LEAVES OF ABSENCE. 22 Additional unpaid leaves of absence may be requested in writing and granted to an employee at the discretion of the Chief of Police. XV. INSURANCE A. Group Insurance. Employees of the City will be required to enroll for single coverage in the City's group medical insurance plan in conformity with and under the terms of an insurance plan adopted by the City, as permitted by ordinance. The City will provide a basic term life and accidental death plan. The City will also make available other bona fide benefit programs. Retired City employees, and their eligible dependents may also be permitted to participate in the City's medical and dental plans under terms and conditions established by the City. The City shall cause the specific provisions of the group plan to be detailed and made available to the employees. The City will deduct from each payroll all monies necessary to fund employees' share of insurance coverage and make all payments necessary to fund the plan within budget limitations established by the City Council. B. The City will participate in the Nationwide Post Employment Health Plan, as adopted by the City by ordinance. The City will contribute$600.08 per year(prorated per employee's biweekly pay period) into each employee's Nationwide Post Employment Health Plan account. XVI. WORKERS' COMPENSATION In addition to the foregoing, the City may provide for Workers' Compensation coverage to the employees under applicable provisions of State statute. XVII. LONG TERM DISABILITY COMPENSATION Optional long term disability is available to employees eligible under the City's Long Term Disability Program (Income Protection Program), subject to the terms and conditions of the plan This program provides continuation of income to employees of the City who are permanently and totally disabled as defined under the program. XVIII. TRANSITIONAL DUTY. Depending on the City's need or legal requirements, employees may be placed temporarily in a transitional duty position when illness or injury prevents them from performing their regular duties. XIX. SEPARATION FROM SERVICE A. Social Security Adopted. Exception. Employees shall be exempted from the provisions of the Federal Social Security System unless determined otherwise by the City or unless required by State or Federal law. 23 B. Retirement Programs. The City hereby adopts the Utah State Retirement System for providing retirement pensions to employees covered by the plan. The City may permit or require the participation of employees in its retirement program(s) under terms and conditions established by the Mayor and consistent with state law.. Such programs may include: 1. The Utah Public Safety Retirement System (Contributory and Non-Contributory) 2. Deferred Compensation Programs 3. Retirement Incentive Programs C. The 2005-2006 fiscal year retirement contribution rates for employees covered by this paragraph are shown in Appendix B. D. Layoffs. 1. Employees who are subject to layoff because of lack of work or lack of funds shall be eligible to receive: a. One hundred percent of their accumulated unused sick leave hours, if covered under paragraph XI.H. (Plan "A"); or b. One hundred percent of their RL account if covered under paragraph XI.I (Plan`B"). b. Accrued unused personal leave at 50% of the employees' base hourly rate, if covered under paragraph XI.I (Plan"B"). E. Separation From Employment Due to Resignations Or Otherwise 1. Every employee who is separated from City employment for any reason shall be paid for: a. Earned vacation time, or holiday time covered under Section X.B., accrued, unused, and unforfeited as of the date of termination; b. Unused compensatory time off; and c. If a participant in "Plan B," any accrued and unused personal leave in accordance with paragraph XI.I.5., of this chapter. XX. RECOGNITION OF THE PROFESSIONAL EMPLOYEES COUNCIL The City recognizes the Professional Employees Council (PEC) to maximize input into decisions regarding this Compensation Plan. 24 XXI. AUTHORITY OF THE MAYOR Employees covered by this compensation plan may be appointed, classified, and advanced under rules and regulations promulgated by the Mayor, or the Civil Service Commission, if applicable, within budget limitations established by the City Council. XXII. APPROPRIATION OF FUNDS All provisions in this compensation plan that involve the expenditure of funds are subject to appropriation of funds for such purposes. Appendix A- 800 Salary Schedule Bi Weekly Rates, effective July 1, 2005 SERGEANT A B C Days Swing Graves Level 813 $2,343.20 $2,401.78 $2,460.36 A B C LIEUTENANT Days Swing Graves Level 822 $2,756.00 $2,824.90 $2,893.80 CAPTAIN Level 830 $3,088.00 Change in Pay Level Assignment Depends on Approval of Police Chief Appendix B - Retirement Contributions Schedule UTAH STATE RETIREMENT CONTRIBUTIONS FY 2005/2006 25 Utah State Retirement System Employee Contribution Total Employee Contribution Paid By City Total Employer Contribution Grand Total Contribution Public Safety Contributory Retirement System 1.84% 11.90% 19.96% 33.70% Public Safety Noncontributory Retirement System 0 0 32.52% 32.52% Appendix C - Family and Medical Leave Act Policy 3.01.07 Note: The following City policy was in effect on the date of this plan's adoption. It is included here for information of employees. The City's FMLA policy may change during the term of this plan. Also, portions of the policy may be determined invalid by the courts. The City and its employees will comply with the Family Medical Leave Act, as defined in applicable law or regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not intended to and does not create substantive rights for employees. SALT LAKE CITY POLICY MANUAL FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07 GENERAL PURPOSE: To explain the circumstances under which eligible employees may take up to 12 weeks of unpaid,job-protected leave per 12 month period for certain family and medical reasons. I. THE FAMILY AND MEDICAL LEAVE ACT("FMLA") IS A FEDERAL LAW A. Entitles eligible employees to job protected, unpaid leave for up to 12 weeks per qualifying 12 month period for certain qualifying events and health conditions B. Provides for continuation of group health plan benefits during FMLA leave C. Restores the employee to the same or an equivalent job upon return to work D. Protects the employee from discrimination as a result of taking FMLA leave II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN A. The birth or adoption of a child; B. Placement of a foster child in the employee's home; C. A serious health condition of the employee; or D. The care for a spouse, child or parent with a serious health condition. 26 III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY A. A husband and wife who are eligible for FMLA leave and are both employed by the City are limited to a combined total of 12 weeks of leave during the 12 month period if the leave is taken: 1. for the birth of a child or to care for the child after the birth; 2. for the placement of a child with the employee for adoption or foster care, or to care for the child after placement; or 3. to care for the employee's parent with a serious health condition. B. Where the husband and wife both use a portion of the total 12 week FMLA leave entitlement for one of the purposes set forth in ILIA, above, the husband and wife each are entitled to the difference between the amount he/she has taken individually and 12 weeks for FMLA leave for a qualifying event other than those identified in IIIA. IV. EMPLOYEE ELIGIBILITY To be eligible for FMLA leave, the employee must be: A. employed by the City for at least 12 months and B. employed by,the City for a minimum of 1250 compensable work hours as determined under the Fair Labor Standards Act during the 12 month period immediately preceding the commencement of the leave. V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN The 12 month period during which the 12 weeks of FMLA leave can be taken is measured forward from the date the employee's first FMLA leave begins. VI. EMPLOYEE RESPONSIBILITIES An employee will: A. Provide notice to his/her supervisor of the need for leave: 1. for leave that is foreseeable— at least 30 days in advance; 2. for leave that is unforeseeable—as soon as is practicable. B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced leave schedule basis. C. Provide medical certification for leave taken as a result of a serious health condition of the employee or of a serious health condition of the employee's spouse,parent or child, if requested by the City's designee. 1. Failure by the employee to comply with the certification requirements may result in a delay in the start of FMLA leave, a delay in the restoration of the employee to his/her position, or unprotected leave status. D. Comply with arrangements to pay the employee-paid portion of the group health plan benefit premiums (See Section XI). 27 E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition, or the condition of his/her spouse, child or parent, and the intent to return to work at the conclusion of leave. F. Notify his/her supervisor of any changes in the circumstances for which leave is being taken. G. Provide his/her supervisor with a fitness for duty certification if required by his/her supervisor,timekeeper, or HR consultant upon the employee's return to work following the employee's serious health condition. VII. THE CITY'S RESPONSIBILITIES As the employer, the City, through its designees, will: A. Maintain coverage of group health plan benefits at the level and under the conditions coverage would have been provided if the employee had continued in employment without utilizing FMLA leave. B. Determine and notify the employee whether the leave will be counted against the employee's FMLA leave entitlement. C. Provide the requirements for furnishing medical certification for a serious health condition of the employee or for the serious health condition of a parent, child, or spouse of the employee and the consequences for failing to do so; D. Notify the employee of the requirement to substitute paid leave for the FMLA leave. E. Notify the employee of the requirements for making the employee-paid portion of group health plan benefit premium payments and the consequences for failing to make timely payments. F. Notify the employee of the requirements to submit a fitness for duty certificate to be restored to employment. G. Notify the employee of his/her status as a"key employee," if applicable (See, XIID). H. Notify the employee of his/her right to return to his/her position or an equivalent position when leave is completed. I. Notify the employee of his/her potential liability to reimburse the City for the employer- paid group health plan benefit premium payments made while the employee is on unpaid FMLA leave, if the employee fails to return to work after the FMLA leave. VIII. MEDICAL CERTIFICATION A. The City will require medical certification of any serious health condition of the employee or of the serious health condition of the employee's spouse, parent or child. B. If the leave is foreseeable, the employee should provide the medical certification prior to taking the leave. C. If the leave is not foreseeable, the employee shall provide medical certification within 15 days after being requested to do so by the City's designee. D. An employee on approved FMLA leave will be required to inform his/her supervisor every 30 days regarding his/her status and intent to return to work upon the conclusion of the leave (See, also, Section VI E). 28 E. The City reserves its right to require, at its own expense, second and third medical opinions, as specified by the FMLA. IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA LEAVE The City requires all employees utilizing FMLA leave to exhaust their paid leave allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined by the employee's contract or compensation plan. A. FMLA leave for qualifying events, other than the serious health condition of the employee 1. Plan A a. paid leave comes first from dependent leave, in the amount allowed in the contract/compensation plan. b. the remaining leave comes from the employee's vacation time. 2. Plan B a. either personal leave time and/or vacation time can be used b. severance account hours can be used in the same manner as sick leave hours are allowed under Plan A. B. FMLA leave for the serious health condition of the employee 1. Plan A a paid leave comes first from hospital leave(when appropriate); b followed by all sick leave c followed by vacation time 2. Plan B a paid leave will be provided when appropriate from the Short Term Disability Insurance Program b personal leave, severance account hours, and vacation time will then be utilized in that order. C. Compensatory time may be used for an FMLA reason but any period of leave paid from the employee's accrued compensatory time account will not be counted against the employee's FMLA leave entitlement. D. Leave taken for a serious health condition covered under Workers' Compensation will be counted towards an employee's FMLA entitlement. Accrued paid leave may be used at the same time the employee is collecting a Workers' Compensation benefit only to the extent that it allows the employee to collect 100% of his/her net salary. X. INTERMITTENT LEAVE A. Leave may be taken intermittently or on a reduced leave schedule when medically necessary for medical treatment of a serious health condition, for recovery from such treatment or from the serious health condition, or when the serious health condition of a spouse, parent or child of the employee requires intermittent treatment and requires the employee's care and/or involvement in the treatment and or the care of the parent, child, or spouse. 29 1. When the need for intermittent or reduced schedule FMLA leave is foreseeable, the employee must make reasonable attempts to arrange the schedule of the leave so as not to unduly disrupt the City's operations. B. The employee taking intermittent leave under the FMLA may be required to transfer temporarily to an available alternative position for which the employee is qualified. The alternative position must have equivalent pay and benefits and better accommodate recurring periods of leave than the employee's regular position. FMLA leave taken for the birth or adoption of a child or for the placement of a foster child in the employee's home cannot be taken on an intermittent or reduced leave schedule. XI. BENEFITS WHILE ON FMLA LEAVE A. For the duration of FMLA leave, the City will pay the City-paid portion of the premiums for group health plan benefit coverage, which includes medical insurance coverage, Basic Employee Term Life Insurance, and Short Term Disability Insurance, subject to Section XIA3. 1. While on FMLA leave utilizing paid leave, the employee-paid portion of the group health plan benefit premiums are deducted from employee's check as usual. 2. When FMLA leave is unpaid, the employee must contact the Benefits Section of Human Resources (535-7900) to make arrangements to pay the employee portion of the insurance premiums. The employee and employer will agree in writing as to the way the employee-paid portion of the group health benefit plan premium payments will be paid, under the four allowable options: a. Payment would be due at the same time as it would be made if by payroll deduction; b. Payment would be due on the same schedule as payments are made under COBRA; c. Payment would be prepaid pursuant to a cafeteria plan at the employee's option; or d. Prepayment of the employee-paid portion of the group benefit plan premiums through increased payroll deductions before the leave is taken, when the need for unpaid FMLA leave is foreseeable, or payment of the employee-paid portion of the group benefit plan premiums through increased deductions after the employee returns to work following unpaid FMLA leave when the need for unpaid FMLA leave is not foreseeable. 3. If the employee-paid portion of the group health plan benefit premium is more than 30 days late, the City's obligation to maintain group health plan insurance coverage will cease. a. The City, through its designee, will provide written notice at least 15 days prior to the date coverage will be cancelled that payment has not been received. b. The employee will have 15 days after the date of notification, or 30 days from the date the premium was due, whichever is greater, to make the required premium payment(s). c. If the employee fails to pay his/her portion of the group health plan benefit premium(s), the employee will lose his/her group health plan benefit coverage. B. The City is not responsible for maintaining non-health care related benefits paid directly by the employee through voluntary deductions (dental, supplemental and dependent life insurance, accident insurance plans, or LTD). It is the employee's responsibility to make arrangements through the Benefits Section of Human Resources (535-7900) for the payment of those benefit premiums when on unpaid FMLA leave. 30 C. If an employee fails to return to work after unpaid FMLA leave has ended, the employee shall reimburse the City all City-paid group health plan benefit premiums it paid on behalf of the employee unless the failure to return from leave is due to: 1. the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member which would otherwise entitle the employee to leave under FMLA; 2. other circumstances beyond the employee's control. D. An employee is considered to have returned to work following FMLA leave if he/she returns for at least 30 calendar days. E. An employee's seniority will not be interrupted if the employee utilizes paid leave while on FMLA leave. Once paid leave is exhausted, no seniority or pension credit will be accumulated for the unpaid FMLA leave time. Upon return from unpaid leave the employee's seniority will continue where the accumulation left off. XII. RETURN TO WORK AFTER FMLA LEAVE A. Upon return to work following FMLA leave, the employee must provide a medical certification of the employee's fitness to return to work if the FMLA leave was taken for the employee's own serious health condition. B. If the employee fails to provide a fitness certificate after being notified by the City of the need for the certificate, the City, through its designee, may delay the employee's return to work until the fitness certificate is provided. C. An employee will be returned to his/her job or an equivalent job with equivalent pay, benefits, and working conditions, if the original job is not available. D. Key employees that earn salaries in the top ten percent of Salt Lake City Corporation's workforce and whose return would cause "substantial and grievous economic injury" or hardship to the City's operations, may not be reinstated. E. The City may take any personnel action/decision that would have happened if the employee had continued to work while the employee is on FMLA leave. 31 SALT LAKE CITY ORDINANCE No. of 2006 (Bereavement Leave and Dependent Leave Related to An Adult Designee of An Employee) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE 34 OF 2005, WHICH APPROVED THE COMPENSATION PLAN FOR"900 SERIES" EMPLOYEES Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the attached amendments to the Compensation Plan for"900 Series" employees adopted by Salt Lake City Ordinance 34 of 2005. Three copies of said Compensation Plan amendments shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The amendments to the Compensation Plan shall not apply to employees whose employment terminated prior to the effective date of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2006. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR ATTEST: �. CHIEF DEPUTY CITY RECORDER APPROVED AS TO FORM (SEAL) Salt Lake City Attorneys MICA Date _ Ce' 2006 Bill No. of 2006. By - - Published: 1:\Ordinance 06\Bereavement Leave Ordinance-900 Series-02-01-06 draft.doc 2 COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION FIRE DEPARTMENT "900 SERIES" EMPLOYEES I. EFFECTIVE DATE The provisions of this plan shall be effective, commencing June 19, 2005, and as amended effective 2006. II. EMPLOYEES COVERED BY THIS PLAN Employees subject to this plan shall be employees classified as "900 Series""Exempt"Battalion Chiefs and "Non-Exempt" Fire Captains. As used in this Compensation Plan, "Exempt" shall mean employees who are defined by §213 of the Fair Labor Standards Act(the "Act") as exempt from the Act's overtime provisions. "Non-Exempt"employees shall mean employees who are covered by the overtime provisions of the Act. Employees are not covered by the paid leave and longevity payment provisions of this plan while they are on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of certain leave and longevity benefits, as provided by city ordinance. III. WAGES AND SALARIES A. 1. To the degree that funds permit, employees classified as "900 Series" Fire Department employees shall be paid monthly salaries that: a. Achieve equal pay for equal work; and b. Attain comparability of City salary ranges to salary ranges used by other public employers. 2. Based on periodically conducted market surveys, the Mayor shall determine the comparability of City salary ranges to salary ranges used by other public employers for similar work. . 3. Salary surveys shall measure total compensation including salaries and wages,bonuses, paid leave, group insurance plans, retirement, and all other benefits provided to employees. 4. The compensation plans may provide salary range widths that reflect the normal growth and productivity potential of employees within a job classification. 5. The Mayor shall develop policies and guidelines for the administration of the pay plans. B. Effective June 19, 2005 to June 30, 2006, "900 Series" Fire Department employees shall be paid monthly salaries according to APPENDIX"A." 3 C. The foregoing shall not restrict the Mayor from distributing appropriated monies to employees of the City in the form of retirement contributions; or lump sum supplemental, payments in recognition of emergencies, special projects or other extraordinary circumstances. Lump sum payments are recommended by the Fire Chief and are subject to the Mayor's approval. Additionally, nothing in the foregoing shall restrict the Mayor from classifying or advancing employees under rules established by the Mayor. IV. LONGEVITY PAY A. Employees who have completed 6 full years of employment with the City, shall receive a monthly longevity benefit in the sum of$50.00. Said benefit shall be $75.00 per month for employees who have completed 10 full years of employment with the City. Said benefit shall be $100.00 per month for employees who have completed 16 full years of employment with the City. Said benefit shall be $125.00 per month for employees who have completed 20 full years of employment with the City. The computation of longevity pay shall be based on the most recent date the person became a full-time salaried employee. B. Longevity paid to employees pursuant to paragraph IV.A shall be deemed included within base pay for purposes of pension contributions. C. The benefit under this Article IV is paid pro-rata each bi-weekly pay period,based on the most recent date the person became a full-time salaried employee. Employees do not earn or receive longevity payments while on unpaid leave of absence. Upon return from an approved, unpaid leave of absence, longevity payments will resume on the same basis as if the employee had not been on such leave of absence. V. OVERTIME COMPENSATION A. Employees classified as non-exempt Fire Captains who are authorized and required by their supervisors to perform City work on an overtime basis shall be compensated according to City policy and the Fair Labor Standards Act (FLSA)by overtime pay or compensatory time off B. The employee may request compensatory time in lieu of cash subject to approval of the Fire Chief or the Chiefs designee. Employees regularly assigned to the combat division may not accrue more than 480 hours of compensatory time for hours worked after April 15, 1986. Employees not in the combat division may not accrue more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off, shall, for additional overtime hours of work, be paid overtime compensation. C. Only hours actually worked shall be used in the calculation of overtime. It shall be at the discretion of the Fire Chief or the Chiefs designee, subject to the limitations of the FLSA and City policy, to determine whether an employee receives cash payment or compensatory time off. All overtime work must be pre-authorized. 4 1. A Fire Captain regularly assigned to a combat crew shall be paid at a premium overtime rate of one and one-half the day rate for all work performed outside of any combat crew shift. Combat crew shift work includes all work performed by a Fire Captain during a shift period, but does not include holdover work performed immediately after the conclusion of a Fire Captain's combat crew shift. When a fire Captain is required to holdover at the conclusion of a combat crew shift, the Fire Captain shall be paid at a premium rate twice the combat rate of pay for all holdover work. 2. For a Fire Captain who is regularly assigned to work other than a combat crew (referred to herein as "day work"), the Fire Captain's regular rate of pay for all work shall be the day rate, except as follows: A Fire Captain regularly assigned to day work shall be paid at a premium overtime rate of one and one-half the combat rate when the Fire Captain works all or part of a combat crew shift in addition to all regularly scheduled day work. If a day work Captain works all or part of a combat crew shift and is required to holdover at the conclusion of the combat crew shift, the Fire Captain shall be paid at premium overtime rate twice the combat rate of pay for all holdover work. D. For purposes of identifying overtime work performed, the department shall record time worked to the nearest 15 minutes. E. Fire Captains who are directed to report to work during their scheduled off-duty time, or while on standby, shall be compensated with a minimum of four(4)hours pay. The employee shall receive overtime compensation, where applicable, for time worked on callback duty. In those cases where an employee does not report to work (to a station or to an incident scene),but is required to perform City work at home(including telephone advice) or at another location, the employee shall be paid only for time worked. Fire Captains will be paid at the day rate of pay whether such call back is for day work or for work on a combat crew shift. Fire Captains who volunteer for work beyond their regularly scheduled work assignments do not qualify for compensation under this paragraph. VI. EDUCATION AND TRAINING PAY The Mayor may adopt programs to promote employee education and training,provided that all compensation incentives under such programs are authorized within appropriate budget limitations established by the City Council. VII. EMERGENCY ASSIGNMENTS Employees classified as Fire Captains may temporarily be assigned to perform the duties of Emergency Response Chief. Upon expiration of such temporary assignment, the employee shall be restored to the position occupied at the time such assignment was made. While working out of classification as an Emergency Response Chief, the Captain shall be compensated $50.00 for each 24 hour shift. 5 VHI. ALLOWANCES A. Meal Allowance. During emergencies or extraordinary circumstances the Fire Department shall provide adequate food and drink to maintain the safety and performance of Fire Department Employees. B. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for actual expenses reasonably incurred in the performance of City business. Advancement or reimbursement shall be approved only for expenses documented and authorized in advance within budget limitations established by the City Council. C. Automobiles. 1. The Mayor may authorize, under City policy, an employee to utilize a City vehicle on a take-home basis, and shall, as a condition of receipt, require said employee to reimburse the City for a portion of the take-home vehicle cost as provided in City ordinance. 2. Employees who are authorized to use, and who do use,privately owned automobiles for official City business shall be reimbursed for the operation expenses of said automobiles at the rate specified in City policy. Mileage forms are to be submitted on at least an annual basis. D. Uniforms. Uniforms and other job-related safety equipment shall be provided as needed. Employees may select uniforms and related equipment from the approved list and shall be provided up to $475 per year for this purpose. Dangerous or contaminated safety equipment shall be cleaned, repaired, or replaced by the Fire Department. E. Heavy Rescue and Swift Water. Fire Captains regularly assigned to Heavy Rescue or Swift Water and who have completed the minimum requirements for certification to effectively lead Heavy Rescue or Swift Water operations shall receive an additional allowance of$50.00 per month or the allowance received by 400 Series employees for the same involvement, if greater. This will be for no more than one Swift Water Fire Captain and two Heavy Rescue Fire Captains per platoon. IX. CAPTAINS' HOURS OF SERVICE A. Whenever public safety interests demand, the Chief or designee of the Fire Department may require an employee to perform work beyond the employee's regularly scheduled duties. Whenever possible, Fire Department employee volunteers will be solicited. Forty hours within a seven-day week shall constitute a normal work period for all Fire Department employees, except employees assigned to the Combat Division. Employees regularly assigned to duty in the Combat Division shall perform their work during scheduled duty shifts; each consisting of 24 consecutive hours on duty at assigned Fire Department employment locations. Therefore, the 6 parties agree that for employees assigned to the Combat Division, twenty-seven(27) days shall constitute a normal work period. B. Exchange of Time. Fire Department employees may exchange time in accordance with provisions outlined in the Fair Labor Standards Act (substitution of work scheduled) and when the exchange does not interfere with the operation of the Fire Department, which includes employee responsibilities such as maintaining training and proficiency requirements, subject to the approval of the Fire Department employee's supervisor. X. HOLIDAYS AND VACATION Full-Time employees shall receive holidays and vacation as provided in this paragraph X. The Mayor shall provide, by policy, the specific terms and conditions upon which such holidays and vacation are to be made available to employees. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. A. Holidays. The following days shall be recognized and observed as holidays for employees covered by this plan. Such employees shall receive their regular rate of pay for each of the unworked holidays: 1. New Year's Day, the first day of January. 2. Martin Luther King, Jr. Day, the third Monday of January. 3. President's Day, the third Monday in February. 4. Memorial Day, the last Monday of May. 5. Independence Day, the fourth day of July. 6. Pioneer Day, the twenty-fourth day of July. 7. Labor Day, the first Monday in September. 8. Veteran's Day, the eleventh day of November. 9. Thanksgiving Day, the fourth Thursday in November. 10. The Friday after Thanksgiving Day. 11. Christmas Day, the twenty-fifth day of December. 7 12. One personal holiday, taken upon request of the employee and at the discretion of the supervisor. B. Vacations 1. Employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions in this paragraph. 2. For employees in the combat division of the Fire Department, the following schedule shall apply: Years Shifts of vacation per year of for Combat Fire City Service Employees 0 to end of year 3 5 4to6 6 7 to 9 7.5 lO to 12 9 13 to 14 10 15 to 19 11 20 or more 12.5 3. For employees (other than combat fire personnel) the following schedule shall apply: Years Hours of Vacation Accrued of Per Biweekly City Service Pay Period 0 to end of year 3 3.08 4 to 6 3.69 7 to 9 4.62 10 to 12 5.54 13 to 15 6.15 8 16to 19 6.77 20 or more 7.69 For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded on the 27th pay period. 4. Employees may accumulate vacations, (including both accrued vacation and sick leave conversion time), according to the length of their full-time Years of City Service up to the following maximum limits: After 6 months Up to 30 days/15 shifts (240 hours) After 9 years Up to 35 days/17.5 shifts (280 hours) After 14 years Up to 40 days/20 shifts (320 hours) "Days," herein, means "8 hour" days. "Shifts," herein, means "24 hour" combat shifts. Any vacation accrued beyond said maximums shall be deemed forfeited unless utilized prior to the end of the calendar year in which the maximum has been accrued. However, in the case of an employee returning from an unpaid military leave of absence, related provisions under city ordinance shall apply. 5. Years of City Service shall be based on the most recent date the person became a Full- Time employee. 6. Vacation Buy Back. The City may purchase within any calendar year up to, but not exceeding, 80 hours of accrued vacation time, to which an employee is entitled, with the consent of said employee and upon favorable written recommendation of the Fire Chief and approval of the Chief Administrative Officer. Said purchase of accrued vacation time may be authorized, in the discretion of the City, when, in its judgment, it is demonstrated that: a. The cash payment in lieu of vacation time use shall not interfere with an employee's performance or create an unreasonable hardship on said employee; b. There is a demonstrated need for the City to retain the services of the employee for said vacation time; and c. There are sufficient funds in the Department budget to pay for the vacation time as certified by the City Management Services Director or designee, without disturbing or interfering with the delivery of City services 9 7. The foregoing, notwithstanding, under no circumstances may the City purchase more than five shifts for combat fire employees (80 hours for non-combat employees) of earned but unused vacation time from an employee during any 12 month period. 8 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 City. 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. 9. The City shall make a diligent effort to provide employees their earned annual vacation, and shall, through appropriate management efforts, seek to minimize the recommendations for cash payments in lieu of vacation use. Any vacation purchased by the City shall be considered to be an extraordinary circumstance and not a fringe benefit of the employee. XI. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. A. Benefits in this section are for the purpose of continuing income to employees during absence due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act (FMLA). This is a federal law that provides up to 12 weeks of unpaid leave each year and protects jobs and health care benefits for eligible employees who need to be off work for certain"family and medical"reasons. APPENDIX C outlines the FMLA rights and obligations of the employee and the City. The City requires all employees using FMLA leave to exhaust their paid leave allotments for FMLA-qualifying events prior to taking FMLA leave unpaid. The paid leave parameters are defined in this Compensation Plan. Employees do not earn or receive leave benefits under this Section XI. while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. B. Full-Time employees shall receive benefits in this section either under a plan as provided in paragraph XI.D. (Plan "A"), or as provided in paragraph XI.E. (Plan "B"). C. Employees hired on or after November 16, 1997 shall participate in Plan B. All other employees shall participate in the plan they participated in on November 15, 1998. D. Plan"A." 1. Sick Leave. a. Sick leave shall be provided for employees under this Plan "A" as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish rules governing the interfacing of sick leave and Workers' Compensation benefits and avoiding, to the extent allowable by law, duplicative payments. 10 b. Each salaried employee shall accrue sick leave at a rate of 6.93 hours per pay period, for combat fire employees (except for non-combat fire employees who shall accrue sick leave at a rate of 4.62 hours per pay period). For any plan year in which there are 27 pay periods, no sick leave hours will be awarded on the 27th pay period. Authorized and unused sick leave may be accumulated from year to year subject to the limitations of this plan. c. Under this Plan"A," employees who have accumulated 15 shifts (for combat fire employees), or 240 hours (for non-combat employees) may choose to convert a portion of the year sick leave grant from any given year to vacation under the following stipulations and schedules. d. Eligible Combat Fire Employees' sick-leave-to-vacation conversion schedule: Number of Sick Number of Sick Leave Shifts Used Leave Shifts Available During Previous for Conversion Calendar Year No shifts 4 shifts 1 shift 3 shifts 2 shifts 2-1/2 shifts 3 shifts 2 shifts 4 shifts 1 shift 5 or more shifts No shifts e. Eligible Non-Combat employees (working 8 hour shifts)may choose to convert up to 64 hours of the sick leave grant from any given year to vacation. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. f. Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying his or her Personnel/Payroll Administrator, in writing, not later than the November vacation draw. Otherwise, the opportunity to waive conversion or elect conversion other than the maximum allowable amount shall be deemed waived for that calendar year. In no event shall sick leave days be converted from other than the current year's sick leave allocation. 11 g. Any sick leave days, properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other days of vacation time to which the employee is entitled; provided, however, that in no event shall an employee be entitled to any pay or compensation upon an employee's termination for any sick leave converted to vacation. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. h. As stated above, authorized and unused sick leave may be accumulated from year to year. i. Employees who have accrued at least 80 hours sick leave may be allowed to use no more than 16 hours of accrued sick leave per calendar year for their own doctor's and/or dentist's appointments. This leave must be taken in one hour time blocks and may only be used upon prior approval of the employee's supervisor. 2. Hospitalization Leave a. In addition to the sick leave authorized under this Plan"A,", each combat fire employee shall be entitled to 15 on-duty shifts off for hospitalization leave (except for non-combat Fire Depaitiiient employees who shall be entitled to 30 days for hospitalization leave) each calendar year, provided that such leave may be taken only if, and during the period that employees are unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital in-patient admission. Hospital leave shall not accumulate from year to year. Employees may not convert hospitalization leave to vacation or any other leave, nor may they convert hospitalization leave to any additional benefit at time of retirement. b. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine), for a scheduled surgical procedure, may report the absence from the affected shift as hospitalization leave, with the prior approval of their division head or supervisor. c. Employees who must receive urgent medical treatment at a hospital, emergency room, or acute care facility, and who are unable to perform their duties during a shift due to urgent medical treatment, may report the absence from the affected shift as hospitalization leave. The employee is responsible to report the receipt of urgent medical treatment to the employee's supervisor as soon as practical. For purposes of use of Hospitalization Leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected shift. d. Employees who are admitted to a hospital as an inpatient for medical treatment, so they are unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. 12 e. Medical treatment consisting exclusively or primarily of post-injury rehabilitation or therapy treatment,whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. f. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Bereavement Leave a. Under this Plan"A"time off with pay will be granted to an employee who suffers the loss of a wife,husband, child,mother, father, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step grandfather, grandmother, step- grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather,stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or the child, mother, father, brother, sister of the adult designee. In the event of death in any of these instances, the employee will be paid their regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral leave on the day following the funeral or memorial service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. Satisfactory proof of such death, together with the date thereof, the date and location of the service, and the date of burial,must, on request,be furnished by the employees to their supervisors. b. "Adult designee"means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before , 2006. bc. In the event of death of an uncle, aunt, niece,nephew, or first cousin to the respective employee, said employee will be paid for time off from scheduled working hours while attending the funeral or memorial servicefor such person, not to exceed one shift. ed. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay, not to exceed four hours, or may use available vacation leave while attending the funeral or memorial service for such person, subject to the approval of his/her immediate supervisor. I de. In the event the death of any member of the immediate family as set forth in this paragraph XI.D.3(a.) occurs while an employee is on vacation, his/her vacation will be extended by the amount of time authorized as bereavement leave under said paragraph. ef. The provisions of this paragraph shall not be applicable to employees who are on leave of absence other than vacation leave. 13 4. Dependent Leave. a. Under Plan "A," dependent Leave may be requested by a Full-Time employee covered by this Compensation Plan for the following FMLA qualifying reasons: (See APPENDIX C.) 1. Becoming a parent through birth or adoption of a child or children. 2. Placement of a foster child in the employee's home. 3. Due to the care of the employee's child, spouse, or parent with a serious health condition, or if an employee had designated an adult designee, then due to the care of the adult designee or the child of the adult designee with a serious health condition. Adult designees and the child of the adult designee are not covered by FMLA. b. Under Plan "A," dependent leave may also be requested by a Full-Time employee to care for an employee's child, spouse or a parent who is ill or injured but who does not have a serious health condition, or if an employee has designated an adult designee, then dependent leave may also be requested by an employee to care for the adult designee or the child of the designee who is ill or injured but who does not have a serious health condition. c. "Adult designee" means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this dependent benefit is not effective before 2006. c. The following provisions apply to the use of dependent leave by a Full-Time employee. 1. Dependent leave may be granted with pay on a straight time basis. 2. If the employee has accumulated and available unused sick leave,the employee shall be entitled to use as dependent leave such accumulated and available unused sick leave. 3. The employee shall give notice of the need to take dependent leave and the expected duration of such leave to to his or her supervisor as soon as possible under the circumstances. 4. The employee shall provide, upon request of the supervisor, certification of birth or evidence of a child placement for adoption, or a letter from the attending physician in the event of hospitalization, injury or illness of a child, spouse or parent, or adult designee or adult designee's child within five calendar days following termination of such leave. 5. An employee's sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this paragraph provided, however, that 40 hours of dependent leave used during the calendar year will not affect the sick leave conversion options as outlined in paragraph XI.C.1. 14 6. Probationary employees are not eligible for dependent leave. 5. Career Incentive Leave, Plan"A." Full-Time employees, who have been in consecutive Full-Time employment with the City for more than 20 years, and who have accumulated to their credit 1500 or more sick leave hours, may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid Career Incentive Leave. Career Incentive Leave must be taken prior to retirement. Sick leave hours converted to Career Incentive Leave will not be eligible for a cash payout upon termination or retirement even though the employee has unused Career Incentive Leave hours available. This leave can be used for any reason. Requests for Career Incentive Leave must be submitted in writing to the Fire Chief and be approved subject to the department's business needs (e.g., work schedules and workload). 6. Retirement Benefit, Plan"A." a. Persons who retire under the eligibility requirements of the Utah State Retirement Systems will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25% of the accumulated sick leave days reserved for the benefit of said employee at the date of the employee's retirement. b. In lieu of the above, Full-Time employees may elect in writing to convert the sick leave privilege provided above to hospital and surgical coverage. 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee's available sick leave account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase, the number of months of coverage will decrease. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. E. Plan "B." 1. The benefit Plan Year of Plan`B"begins in each calendar year on the first day of the pay- period that includes November 15. Under this Plan `B,"personal leave shall be provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury, to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee's own illness or injury—or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the City and any policies regarding the use of such leave adopted by the department in which the employee works. 15 2. Each Full-Time employee under this Plan "B" shall be awarded each pay period, personal leave hours based on the following schedule: Hours of Personal Leave Noncombat 3.08 Personnel Combat 4.62 Personnel For any plan year in which there are 27 pay periods, no personal leave hours will be awarded on the 27th pay period. 3. Not later than October 31 st in each calendar year, employees covered by Plan"B" may elect, by notifying their Personnel/Payroll Administrator in writing, to: a. Convert any unused personal leave hours available at the end of the first pay period of November to a lump sum payment equal to the following: For each converted hour, the employee shall be paid 50 percent of the employee's hourly base wage rate in effect on date of conversion. In no event shall total pay hereunder exceed 40 hours pay, or b. Carryover to the next plan year up to 80/120 (combat)unused personal leave hours, or c. Convert a portion of unused personal leave hours, to a lump sum payment as provided in subparagraph (a) above and carry over a portion as provided in subparagraph(b) above. 4. Maximum Accrual. A maximum of 80 hours (120 combat)/5 shifts of personal leave may be carried over to the next plan year. Any personal leave hours unused at the end of the plan year in excess of 80 hours (120 combat)/5 shifts shall be converted to a lump sum payment as provided in subparagraph 3.a above. 5. Termination Benefits. At termination of employment for any reason, accumulated unused personal leave hours shall be paid to the employee at 50 percent of the hourly base wage rate on date of termination for each unused hour. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour. b. Except in unforseen circumstances, such as emergencies or the employees' inability to work due to their illness or accident, or an unforeseen FMLA-qualifying event, the employees 16 must provide their supervisors with prior notice to allow time for the supervisors to make arrangements necessary to cover the employees' work. c. For leave due to unforseen circumstances, the employees must give their supervisors as much prior notice as possible. 7. Bereavement Leave. a. Under this Plan`B,"time off with pay will be granted to a Full-Time employee who suffers the loss of a wife, husband, child, mother, father,brother, sister, father-in-law, mother-in- law, son-in-law, daughter-in-law,brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or stepgrandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, or if an employee has designated an adult designee, then the adult designee or the child, mother, father,brother or sister of the adult designee. In the event of death in any of these instances, the employee will be paid his/her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral leave on the day following the funeral or memorial service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. Satisfactory proof of such death, together with the date thereof, the date and location of the service , and the date of burial, must, on request, be furnished by the employees to their supervisor. b. "Adult designee"means an individual designated by an employee as the employee's adult designee under Ordinance No. of 2006, or its successor. The adult designee benefit provided under this bereavement benefit is not effective before 2006. bc. In the event of death of a friend or a relative not listed above, said employee may be allowed to use personal leave or vacation for time off from scheduled working hours to attend the funeral or memorial service for such person. Such leave is subject to the approval of the staffing office or immediate supervisor. 8. Career Enhancement Leave, Plan"B." A Full-Time employee covered under this Plan "B" is eligible, after 15 years of full time service with the City, to be selected to receive up to two weeks of career enhancement leave. This one-time leave benefit could be used for formal training, informal course of study,job-related travel, internship,mentoring or other activity which could be of benefit to the City and the employee's career development. Selected employees shall receive their full regular salary during the leave. Request for this leave must be submitted in writing to the Fire Chief, stating the purpose of the request and how the leave is intended to benefit the City. The request must be approved by the Fire Chief and by the Human Resources Director who will review the request for compliance with the guidelines outlined here). 9. Retirement/Layoff(RL) Benefit, Plan"B." 17 a. Full-Time employees currently covered under Plan"B"who were hired before November 16, 1997, and who elected in 1997 to be covered under Plan"B," shall have a retirement/layoff account(hereinafter referred to as an"RL account") equal to sixty percent of their accummulated unused sick leave hours available on November 16, 1997, minus any hours withdrawn from that account since it was established. b. Full-Time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan"B," shall have an RL account equal to fifty percent of their accummulated unused sick leave hours available on November 14, 1998, minus any hours withdrawn after the account is established. c. Payment of the RL Account. (1) All of the hours in the RL account shall be payable at retirement or layoff as follows: The employee shall be paid the employee's hourly rate of pay on date of termination or layoff for each hour in the employee's RL account. (2) In the case of retirement only, in lieu of the above, employees may elect to convert the RL account payment as provided herein to hospital and surgical coverage. Such payment shall be subject to any state and federal income and social security tax withholding required by law. An employee's available RL account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase, the number of months of coverage will decrease. d. Hours may be withdrawn from the RL account for emergencies after personal leave hours are exhausted, and with approval of the employee's supervisor. RL account hours may also be used as a supplement to Workers' Compensation benefits which, when added to the employees' Workers' Compensation benefits, equals the employee's regular net salary. The employee must make an election in writing to the Director of Management Services to use RL account hours to supplement Workers' Compensation benefits. 10. Short Term Disability Insurance, Plan "B." Protection against loss of income when an employee is absent from work due to short term disability shall be provided to Full-Time employees covered under Plan"B"through short term disability insurance (SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with the terms determined by the City. As one of the conditions of receiving SDI,the employee may be required to submit to a medical examination. XII. MILITARY LEAVE AND JURY DUTY 18 A. Leave of absence for employees who enter uniformed service. An employee who enters the service of a uniformed services of the United States, including the United States Army, United States Navy, United States Marine Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, or the commissioned corps of the Public Health Service, shall be entitled to be absent from his or her duties and service from the City without pay as required by state and federal law. Said leave shall be granted for no more than five cumulative years, consistent with the federal Uniform Services Employment and Reemployment Act. B. Leave while on duty with the armed forces or Utah National Guard. Employees covered by this Plan who are or who shall become members of the reserves of a federal armed forces, including United States Army,United States Navy, United States Marine Corps, United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent on duty with such agencies. This leave shall be in addition to the annual vacation leave with pay. To qualify, employees claiming the benefit under this provision shall provide documentation to the City demonstrating duty with such agencies. To qualify, duty herein need not be consecutive days of service. C. Leave for Jury/Court Duty. Employees shall be entitled to receive and retain statutory juror's/court fees paid for jury/court service in the State and Federal Courts subject to the conditions hereinafter set forth. No reduction in an employee's salary or regular wages shall be made for absence from work resulting from such jury/court service. Any duty related court service shall be considered time worked, but not emergency call-back. On those days that an employee is required to report for jury/court service and is thereafter excused from such service during his or her regular working hours from the City, he or she shall forthwith return to and carry on his or her regular City employment. Employees who fail to return to work after being excused from jury duty for the day shall be subject to discipline. XIII. INJURY LEAVE A. Injury Leave. The City shall establish rules governing the administration of an injury leave program for employees. 1. The disability must have resulted from an injury arising out of the discharge of official duties and/or while exercising some form of necessary job-related activity as determined by the City(i.e., law enforcement, fire fighting, medical services, etc.); 2. The employee must be unable to return to work due to the injury as verified by a licensed physician acceptable to the City; 3. The leave benefit shall not exceed the value of the employee's net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as Workers' 19 Compensation, social security, long term disability or retirement benefits, or any form of governmental relief whatsoever; 4. The value of benefits provided to employees under this injury leave program shall not exceed the total of$5,000 per employee per injury; unless approved in writing by the Fire Chief after receiving an acceptable treatment plan and consulting with the City's Risk Manager: 5. The City's Risk Manager shall be principally responsible for the review of injury leave claims,provided that appeals from the decision of the City's Risk Manager may be reviewed by the Chief Administrative Officer who may make recommendations to the Mayor for final decisions; 6. If an employee is eligible for Workers' Compensation as provided by law; and is not receiving injury leave pursuant to this provision, said employee may elect in writing to the Director of Management Services to use either accumulated sick leave or hours from the RL account, if applicable, and authorized vacation time to supplement Workers' Compensation so that the employee is receiving the employee's regular net salary. XIV. ADDITIONAL LEAVES OF ABSENCE. Additional unpaid leaves of absence may be requested in writing and granted to an employee at the discretion of and on conditions established by the Chief. XV. INSURANCE A. Group Insurance. Employees of the City will be required to enroll for single coverage in the City's group medical insurance plan in conformity with and under the terms of an insurance plan adopted by the City, as permitted by ordinance. The City will provide a basic term life and accidental death plan. The City will also make available other bona fide benefit programs. Retired City employees and their eligible dependents may also be permitted to participate in the City's medical and dental plans under terms and conditions established by the City. The City shall cause the specific provisions of the group plan to be detailed and made available to the employees. The City will deduct from each payroll all monies necessary to fund employees' share of insurance coverage and make all payments necessary to fund the plan within budget limitations established by the City Council. B. The City will participate in the Nationwide Post Employment Health Plan, as adopted by the City by ordinance. The City will contribute $600.08 per year(prorated per employee's biweekly pay period) into each employee's Nationwide Post Employment Health Plan account. XVI. WORKERS' COMPENSATION 20 In addition to the foregoing, the Mayor may provide for Workers' Compensation coverage to the employees under applicable provisions of State statute. When released by the medical provider, light duty work is mandatory. XVII. LONG TERM DISABILITY COMPENSATION Optional long term disability is available to employees eligible under the City's Long Term Disability Program(Income Protection Program), subject to the terms and conditions of the plan. This program provides continuation of income to employees of the City who are permanently and totally disabled as defined under the program. XVIII. TRANSITIONAL DUTY. Depending on the City's need or legal requirements employees may be placed temporarily in a transitional duty position when illness or injury prevents them from performing his or her regular duties. This provision applies only when there is transitional duty work available, as decided by the Chief or the Chief's designee. XIX. SEPARATION FROM SERVICE A. Social Security Adopted. Exception. The City hereby adopts the provisions of the Federal Social Security system and applies and extends the benefits of the old age and survivor's insurance of the Social Security Act to employees, unless determined otherwise by the Mayor or unless required by State or Federal law. B. Retirement Programs. The City hereby adopts the Utah State Retirement System for providing retirement pensions to employees covered by the plan. The City may permit or require the participation of employees in its retirement program(s)under terms and conditions established by the Mayor and consistent with state law.. Such programs may include: 1. The Utah Firefighters Retirement System 2. Deferred Compensation Programs 3. Retirement Incentive Programs C. The 2005-2006 fiscal year pension contribution rates for employees covered by this paragraph are shown in Appendix B. D. Layoffs. In the event of layoffs, the Salt Lake City Civil Service Commission Rules and Regulations shall apply. 1. Employees who are subject to layoff because of lack of work or lack of funds shall be eligible to receive: 21 a. One hundred percent of their accumulated unused sick leave hours, if covered under paragraph XI.D. (Plan"A"); or b. One hundred percent of their RL account if covered under paragraph XI.E (Plan "B"). c. Accrued unused personal leave at 50% of the employees' base hourly rate, if covered under paragraph XI.E (Plan"B"). 2. Employees in appointed positions are not eligible for layoff benefits because they are "at will" employees. E Separation From Employment Due to Resignations Or Otherwise 1. Every employee who is separated from City employment for any reason shall be paid for: a. Earned vacation time accrued, unused, and unforfeited as of the date of termination; b. Unused compensatory time off; and c. If a participant in"Plan B," any accrued and unused personal leave in accordance with paragraph XI.E.5 of this chapter. XX. RECOGNITION OF THE PROFESSIONAL EMPLOYEES COUNCIL The City recognizes the Professional Employees Council (PEC) to maximize input into decisions regarding this Compensation Plan. XXI. SENIORITY, PAY PREMIUMS, DIFFERENTIALS AND ALLOWANCES For purposes of this compensation plan, "seniority" shall be defined as an employee's uninterrupted, full time salaried employment with the City. An employee's earned seniority shall not be lost because of absence due to authorized leaves of absence or temporary layoffs not to exceed two years. XXII. AUTHORITY OF THE MAYOR Employees covered by this compensation plan may be appointed, classified, and advanced under rules and regulations promulgated by the Mayor, or the Civil Service Commission, if applicable, within budget limitations established by the City Council. XXIII. APPROPRIATION OF FUNDS 22 All provisions in this compensation plan that involve the expenditure of funds are subject to appropriation of funds for such purposes. Appendix A - 900 Salary Schedule Bi Weekly Rates, effective July 1, 2005 GRADE 901 -FIRE CAPTAIN Top Level $ 2,703.20 Level 2 $ 2,604.80 Level 1 $ 2,496.80 GRADE 902 -FIRE BATTALION CHIEF Top Level $ 3,166.40 Level 2 $ 3,061.60 Level 1 $ 2,958.40 Appendix B - Retirement Contributions Schedule UTAH STATE RETIREMENT CONTRIBUTIONS FY 2005/2006 Utah State Retirement System Employee Contribution Total Employee Contribution Paid by City Total Employer Contribution Grand Total Contribution Firefighter Contributory Retirement System 7.83% 7.83% 0 7.83% Appendix C - Family and Medical Leave Act Policy 3.01.07 23 Note: The following City policy was in effect on the date of this plan's adoption. It is included here for information of employees. The City's FMLA policy may change during the term of this plan. Also, portions of the policy maybe determined invalid by the courts. The City and its employees will comply with the Family Medical Leave Act, as defined in applicable law or regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not intended to and does not create substantive rights for employees. SALT LAKE CITY POLICY MANUAL FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07 GENERAL PURPOSE: To explain the circumstances under which eligible employees may take up to 12 weeks of unpaid,job-protected leave per 12 month period for certain family and medical reasons. I. THE FAMILY AND MEDICAL LEAVE ACT ("FMLA") IS A FEDERAL LAW A. Entitles eligible employees to job protected, unpaid leave for up to 12 weeks per qualifying 12 month period for certain qualifying events and health conditions B. Provides for continuation of group health plan benefits during FMLA leave C. Restores the employee to the same or an equivalent job upon return to work D. Protects the employee from discrimination as a result of taking FMLA leave II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN A. The birth or adoption of a child; B. Placement of a foster child in the employee's home; C. A serious health condition of the employee; or D. The care for a spouse, child or parent with a serious health condition. III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY A. A husband and wife who are eligible for FMLA leave and are both employed by the City are limited to a combined total of 12 weeks of leave during the 12 month period if the leave is taken: 1. for the birth of a child or to care for the child after the birth; 2. for the placement of a child with the employee for adoption or foster care, or to care for the child after placement; or 3. to care for the employee's parent with a serious health condition. B. Where the husband and wife both use a portion of the total 12 week FMLA leave entitlement for one of the purposes set forth in 1 IA, above, the husband and wife each are entitled to the difference between the amount he/she has taken individually and 12 weeks for FMLA leave for a qualifying event other than those identified in ILIA. 24 IV. EMPLOYEE ELIGIBILITY To be eligible for FMLA leave, the employee must be: A. employed by the City for at least 12 months and B. employed by the City for a minimum of 1250 compensable work hours as determined under the Fair Labor Standards Act during the 12 month period immediately preceding the commencement of the leave. V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN The 12 month period during which the 12 weeks of FMLA leave can be taken is measured forward from the date the employee's first FMLA leave begins. VI. EMPLOYEE RESPONSIBILITIES An employee will: A. Provide notice to his/her supervisor of the need for leave: 1. for leave that is foreseeable— at least 30 days in advance; 2. for leave that is unforeseeable—as soon as is practicable. B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced leave schedule basis. C. Provide medical certification for leave taken as a result of a serious health condition of the employee or of a serious health condition of the employee's spouse,parent or child, if requested by the City's designee. 1. Failure by the employee to comply with the certification requirements may result in a delay in the start of FMLA leave, a delay in the restoration of the employee to his/her position, or unprotected leave status. D. Comply with arrangements to pay the employee-paid portion of the group health plan benefit premiums (See Section XI). E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition, or the condition of his/her spouse, child or parent, and the intent to return to work at the conclusion of leave. F. Notify his/her supervisor of any changes in the circumstances for which leave is being taken. G. Provide his/her supervisor with a fitness for duty certification if required by his/her supervisor, timekeeper, or HR consultant upon the employee's return to work following the employee's serious health condition. VII. THE CITY'S RESPONSIBILITIES As the employer, the City, through its designees,will: A. Maintain coverage of group health plan benefits at the level and under the conditions coverage would have been provided if the employee had continued in employment without utilizing FMLA leave. 25 B. Determine and notify the employee whether the leave will be counted against the employee's FMLA leave entitlement. C. Provide the requirements for furnishing medical certification for a serious health condition of the employee or for the serious health condition of a parent, child, or spouse of the employee and the consequences for failing to do so; D. Notify the employee of the requirement to substitute paid leave for the FMLA leave. E. Notify the employee of the requirements for making the employee-paid portion of group health plan benefit premium payments and the consequences for failing to make timely payments. F. Notify the employee of the requirements to submit a fitness for duty certificate to be restored to employment. G. Notify the employee of his/her status as a"key employee," if applicable (See, XIID). H. Notify the employee of his/her right to return to his/her position or an equivalent position when leave is completed. I. Notify the employee of his/her potential liability to reimburse the City for the employer- paid group health plan benefit premium payments made while the employee is on unpaid FMLA leave, if the employee fails to return to work after the FMLA leave. VIII. MEDICAL CERTIFICATION A. The City will require medical certification of any serious health condition of the employee or of the serious health condition of the employee's spouse, parent or child. B. If the leave is foreseeable, the employee should provide the medical certification prior to taking the leave. C. If the leave is not foreseeable, the employee shall provide medical certification within 15 days after being requested to do so by the City's designee. D. An employee on approved FMLA leave will be required to inform his/her supervisor every 30 days regarding his/her status and intent to return to work upon the conclusion of the leave (See, also, Section VI E). E. The City reserves its right to require, at its own expense, second and third medical opinions, as specified by the FMLA. IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA LEAVE The City requires all employees utilizing FMLA leave to exhaust their paid leave allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined by the employee's contract or compensation plan. A. FMLA leave for qualifying events, other than the serious health condition of the employee 1. Plan A a. paid leave comes first from dependent leave, in the amount allowed in the contract/compensation plan. b. the remaining leave comes from the employee's vacation time. 2. Plan B 26 a. either personal leave time and/or vacation time can be used b. severance account hours can be used in the same manner as sick leave hours are allowed under Plan A. B. FMLA leave for the serious health condition of the employee 1. Plan A a paid leave comes first from hospital leave (when appropriate); b followed by all sick leave c followed by vacation time 2. Plan B a paid leave will be provided when appropriate from the Short Term Disability Insurance Program b personal leave, severance account hours, and vacation time will then be utilized in that order. C. Compensatory time may be used for an FMLA reason but any period of leave paid from the employee's accrued compensatory time account will not be counted against the employee's FMLA leave entitlement. D. Leave taken for a serious health condition covered under Workers' Compensation will be counted towards an employee's FMLA entitlement. Accrued paid leave may be used at the same time the employee is collecting a Workers' Compensation benefit only to the extent that it allows the employee to collect 100% of his/her net salary. X. INTERMITTENT LEAVE A. Leave may be taken intermittently or on a reduced leave schedule when medically necessary for medical treatment of a serious health condition, for recovery from such treatment or from the serious health condition, or when the serious health condition of a spouse, parent or child of the employee requires intermittent treatment and requires the employee's care and/or involvement in the treatment and or the care of the parent, child, or spouse. 1. When the need for intermittent or reduced schedule FMLA leave is foreseeable, the employee must make reasonable attempts to arrange the schedule of the leave so as not to unduly disrupt the City's operations. B. The employee taking intermittent leave under the FMLA may be required to transfer temporarily to an available alternative position for which the employee is qualified. The alternative position must have equivalent pay and benefits and better accommodate recurring periods of leave than the employee's regular position. FMLA leave taken for the birth or adoption of a child or for the placement of a foster child in the employee's home cannot be taken on an intermittent or reduced leave schedule. XI. BENEFITS WHILE ON FMLA LEAVE A. For the duration of FMLA leave, the City will pay the City-paid portion of the premiums for group health plan benefit coverage, which includes medical insurance coverage, Basic Employee Term Life Insurance, and Short Term Disability Insurance, subject to Section XIA3. 27 1. While on FMLA leave utilizing paid leave, the employee-paid portion of the group health plan benefit premiums are deducted from employee's check as usual. 2. When FMLA leave is unpaid, the employee must contact the Benefits Section of Human Resources (535-7900) to make arrangements to pay the employee portion of the insurance premiums. The employee and employer will agree in writing as to the way the employee-paid portion of the group health benefit plan premium payments will be paid, under the four allowable options: a. Payment would be due at the same time as it would be made if by payroll deduction; b. Payment would be due on the same schedule as payments are made under COBRA; c. Payment would be prepaid pursuant to a cafeteria plan at the employee's option; or d. Prepayment of the employee-paid portion of the group benefit plan premiums through increased payroll deductions before the leave is taken,when the need for unpaid FMLA leave is foreseeable, or payment of the employee-paid portion of the group benefit plan premiums through increased deductions after the employee returns to work following unpaid FMLA leave when the need for unpaid FMLA leave is not foreseeable. 3. If the employee-paid portion of the group health plan benefit premium is more than 30 days late, the City's obligation to maintain group health plan insurance coverage will cease. a. The City,through its designee, will provide written notice at least 15 days prior to the date coverage will be cancelled that payment has not been received. b. The employee will have 15 days after the date of notification, or 30 days from the date the premium was due, whichever is greater,to make the required premium payment(s). c. If the employee fails to pay his/her portion of the group health plan benefit premium(s), the employee will lose his/her group health plan benefit coverage. B. The City is not responsible for maintaining non-health care related benefits paid directly by the employee through voluntary deductions (dental, supplemental and dependent life insurance, accident insurance plans, or LTD). It is the employee's responsibility to make arrangements through the Benefits Section of Human Resources (535-7900) for the payment of those benefit premiums when on unpaid FMLA leave. C. If an employee fails to return to work after unpaid FMLA leave has ended, the employee shall reimburse the City all City-paid group health plan benefit premiums it paid on behalf of the employee unless the failure to return from leave is due to: 1. the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member which would otherwise entitle the employee to leave under FMLA; 2. other circumstances beyond the employee's control. D. An employee is considered to have returned to work following FMLA leave if he/she returns for at least 30 calendar days. E. An employee's seniority will not be interrupted if the employee utilizes paid leave while on FMLA leave. Once paid leave is exhausted, no seniority or pension credit will be accumulated for the unpaid FMLA leave time. Upon return from unpaid leave the employee's seniority will continue where the accumulation left off. XII. RETURN TO WORK AFTER FMLA LEAVE 28 A. Upon return to work following FMLA leave, the employee must provide a medical certification of the employee's fitness to return to work if the FMLA leave was taken for the employee's own serious health condition. B. If the employee fails to provide a fitness certificate after being notified by the City of the need for the certificate,the City, through its designee, may delay the employee's return to work until the fitness certificate is provided. C. An employee will be returned to his/her job or an equivalent job with equivalent pay, benefits, and working conditions, if the original job is not available. D. Key employees that earn salaries in the top ten percent of Salt Lake City Corporation's workforce and whose return would cause"substantial and grievous economic injury"or hardship to the City's operations, may not be reinstated. E. The City may take any personnel action/decision that would have happened if the employee had continued to work while the employee is on FMLA leave. 29 FEB 0 2 2006 COUNCIL TRANSMITTAL � 477 TO: Rocky J. Fluhart, ' DATE: Januar y 24, 2006 Chief Administrative Officer FROM: Russell B. Pack, Interim Executive Director of Airports SUBJECT: Briefing on General Airport Matters STAFF CONTACT: Russell B. Pack, 575-2048 BACKGROUND/DISCUSSION: • General Overview. The Airport Department operates and manages three airports in system. The Airport Board, appointed by the Mayor, acts in an advisory capacity. The Department has 575 employees. The Airport campus, including employees of vendors and airlines, has 13,500 people. • Enterprise Fund. The Airport is self-sustaining. Capital projects are funded through revenues, grants and facility charges. • Statistical Information. Passenger numbers are at an all-time high of 22.2 million. The Airport complex includes significant facilities and improvements. • Air Service. Air service is exceptional in terms of non-stop options and markets. • Terminal, Landside, and Airfield Improvements. Capital projects are being undertaken consistent with the Master Plan. Landside projects are underway and will improve services for local users. Projects are demand-driven with phasing opportunities. • Terminal Projects. Current construction is intended to address interim issues. International gates have been expanded to accommodate international traffic. Circulation areas are undergoing expansion. • - ,., • ... ... .._ . . .... . , ._ : .. .....,... tIMIMMI .. I. irr-- lfi ...,; z.._ . . .., ..... . . k A • •..r `uw, L ^O Q 0 . y O j. . i 4.0 0 • ` it ♦-+ • co �f' 0 4.• CCS II 1 lir i v/ r •a $, 1 • . . U) t y �. O L_ O ti •!ti 0. Q. L. RiL. w ._ CD iy Q. .� 0 - V c CD _ 4.MI 03 CDC N CD�+�-+ Q. p C +� co i-' Q E= L 0 a ■— L O O Q O L a _ U O v I � O �'O CD CD CU al C �r C }� Nro L 0 aN C ; N ++ 0 v 12 o Q `ti M N /1 0 �'' "J L U •�... O o. U CJ) to Q U a, cn 03 o• 4-, w o Q. v) eu a 0 .� .. • .. tt .... j 0 0 CI •- C U) CtS L L 13 d CD RS Q. E OCD ut L E o 1 >, Ca -N i CD s. t- o • a CD • 0 Q 'o i �' y,_ _ 0 C o = o a) �J y • I { •IMIE a) - a) o �:.. O a •� , U = C2.Cti Q 4.0 CL U > CD W CD I A, C C.) W V/ �, L .� .MN 0 U >1Ca % 4- > CO I.4,. Z J • '. .: ._._ .CO O X .a) CD I - .0 W a Cl) • 4-0 0 y.. L. .i... 0 CI C O w No L L_ 0) 0 W CD O Q Q. _ III vzs Q. E. cn as cn wE V 0 c O Ial i •co Q. 01 > • ...mini iiiiiiiiiii 0 .0 ! , f1 i . .d ,Im r 4, tint Y I • Ica. mgrii ,f 7el5_ ■ soul i. .- use. -.r'' rs :.:. t , i 1 a. -... a 0 ,4. .04.. .. 0.. .. flit.s a) 1 rir 44 ›11 .: , # . 0 001 " , ...„..4, ,, 0.. • E "�_.__ W * ,. . o E co 0 c a) CD CO 73 CI ED2 E / >, c) .mac > _o �o a) cU Q . . �_ .0 LL C c E -a v ccn to c � • .c � O o. .4.+ G� a) a ° Co 'C2. co a) -o ca 0 I—• _I U J as C W L.. Q .� Q • Simi Q 4 0 11111111 • Q <: (13 ,0 kii\ k SI 4-0 CZ t of (., _- r ,i 0 � 4 ' /�� Ct W i � r �r r J l 4' J , / 1. O 4-11 1.t iot, s ', v `�-'t.:ate •-, is. ... L • C) IN II III O CIO Cl) N CtS CC CA 'C 0. L. = i ._ .O to '— •— N •— � C E Q Cl). >" '� CD N Q, Q� Ism N in N OCI (13 ♦-+ 0 . L 0 1. 410 C a i _44..: .t`� f 4 " 4 #J ' _ r - - ..V , oilivi. , III MEI .mot all Vr`' " • 0 4-0 ,. ft pi (-1 _--- -c2._,---.. . U) LA .a5,' - — - Clo 0 4.I v. y Imo •X 2 _ L. CD E to -CD 4 CO Q to G� Z �- O A s O CI) O Z CT 0 CO0) f+ -O yv C CIS C a.+ O d 0 .0 t) N sue. C OL .a". O = N N C _ W 00 M f0 L e— CO 00 M (D s.f. • • • 48011 Q ,$11 f , ,7 ,,,, ,..f....4.,,,, 4,,,,, .._ ,. : . ,,,":::...1,. : '..•,:, '''''' la'..4. ' I ' N$i .,. , L'''I:::r 'I? 3 ,. ::i...".4.... • ";`,._ .\\-'4''''"-145'-' ,..,..".,; .X1,1 0 LIN r ".', lei R• ,r; '' + gyp, r f. ;. II=OP CtS L. 'P+ {a) _ 1 y 1 . w6I44/4• V iti. ...'...--::.-..-,..-,1"-'' - .k. II IN= p li a) ' ,i A k '''''-'...• : ... •-"A;;;•••;'k•'14..`-‘`•••••.,..''• -, ' ;{'/ ~�• • �51}k, M a C. O to U. ,, ti , • a s C L a. 0 -o as .0 Ni. tft 0 46 a) O L U 0) L as L >1 4-0 co . 0 a) a) 0." Q U- _ .c 11 03 C •— C Q5 0 •— 0 cc Lei Cl) 15 i CO a) CD c� C) E I. � C >, cn Q,._ co >, 3 a) U '45 V .0 Cl) a) ( R 0 y C) ,C N. Ri CD CO „ N W I— C fa. • .. O r A+ ,�C .1 A c W U RS >+ 0 to in E 0 © (I) • • • o 0 U W ' w , • co N o cn s- Q C N :1 — 7-1RS Q a c K C o NL._ w 0 Q N•— a) CD 0 cri O ca o . C V) z CO ZCOCOCO ' ' > _ • . . . • . 0 .- 0 CD co _c •L a)J E .r.r Q MI Q = CD cnN Q ac i C C U) K W 0 0 C) C) CD _ C N 03 0 cu o o L a) ,c.� C C C.) C. ,W C) L i- - - c c c 2 'C .� C t Q E o o aw aw a) 2 °. o ® Q U o o 0 o u. .�, z CO C CO 9-- 0 (l) +r _ uw, y + - .... E. C ■mo w` VR O 0 0 ,�H � S.Nm J i 0 C 1 ..iii _I i Z 0 11 Ci) W ii - O O 'i:. ^, O $ il o, 7 co . t. Co "" G) T— 4-+ O LL m `� INU /ill J , I. 2 am CD PPP P 3 a cts CD Ny� C.�� _ i 5 LL in t c13 0 L 0) simi .i■■+ ■— € ; 3 0 C1113 [//CO - 7 F- 1 O fl cn To as m o n a Uc N omm ° u) O 3 id a c m o c d co cccao o a rn Q c 0 c E -0 • i oCo co 5 ' •c o m a) co o Y 22 E a -a o 0 c. f— Li) Q z z U O Li. O U 5 U Ci CD • ;O 03 Ce C) Cam)) c) C) Cco if) d '� TrTr -3' .1 In (In a) ■_. 0 N c 0Q o a CO co a 0 a a. c V/ 2 O 0 C O coo = C o . > > Cl)m c ma) E o g Cra• �c 0 o 0, 0 0) a !� o p 47-CO c CO o co C L N 0 a a) . O o U co m m O CC co v) 2 a Y Q u) F- m cn =: _I • O /�� Y A'! o5 O co 0) co ,_ N 0, 't• in Co N. co o) O N C? �t 0 ,- , N N N N N N N N N N c�) Cr) Cr) Cr) CY) U L o a) O O C o ►/ a) N a O O tC C13X o) O COon t -0 ` O -o CO O) co L`L Oa o E J a) Q > - Cd > c CO CO C L co C v m "' .c o N cu a) co aC) (0 O cd 1E co co To to o co f+ U CL _1 z -J cn 0 0 0 a CD 0 Q 5 o O = cn Ca v/ o2 C cts r- N Ct) V Cr) Co I- CO CA C) r' N M �? CC) CO i� IA 0 Ce 4.0 LJ.. a *V= O. O o Y LO ( ° aO � , e o O limnNium O � 2 O I'''' QZ CO o 0 0 C) c as 7.1 L I a as a. 0 "'it- O .N cc 2 .C2 y C CD 2 c c wa) L. p a) 0 m 1.. ca a a. cu E. a c0 w i.rt.V� _ _v - Ci d Z.% CI) .— .1.• 4-§ .c co co C) '- 0. L.. 0) C Cl) C C _ �_ Q. " c� .J J r- C� 0 c� v) g E --+ . . . . . . 0 co li • -— - -- - —• -.-. N••••• . .. • '• ' • . M - --- • •6,1 • Ili 7 ill . .,_ ' 4 -,, -4g . ,;4.11/ :, to. , ..; , • .L.,,, ..., ..• . _ 4 t h. .. Is it 1110 , V N" ) . • . , I .- . '- iii. :•••,,-4 • • •- - . .•_.• . . .... ._ .. _ . N . . Alli :.• i 4,. . et 4b• 4f‘ 4 _ 'ftilikr'Itrl . • . a.) ; •"*•• it 'K. • m. ' '14 ,.. 4 - ,,,,,Illill" • -; ak•a ti,-. . -.1 ik- \i••"•••' ''''=- '•• -:.1' *' 11 • -• ;;. •1. 1... ' -7..,,, , . , .. .. . ... . - • 4a. . P : . •..., re•• - :-''— ' .....7112.-- '-• . '-:. ''---r''' -.---•;-.45-ir . . - - . . • . ..1--....... _ t^i, '.,..- ' f'. " IA...'? .9f/..•. 40 .,„ . . • '' 14.4 ....,....r ' •1/14 ' • ,..4,4 .iii,,, • N. . .....7 s. Ii-r-1 / r 1 ,` • •. -•- 3 0" :. :ikt'4' i . • , . , , t 1,Zr.i.,;:', ..:,.,.., • , ..• - --.)- ' • • _ ,. ;"! ••1 ••••••_ _,. :- - 0.,, i-.. ...1,k -..1,`•'•..4 .... . . , • ....• • .. ... . —- fib- . . - ,•-• ' - /-•:.-. ,.:' , ,. . --• ,•1 '- 4 No. 4.r.: .i. • . ..!.i. 4. . , . .,. Ab. ..k. iik. ..lt Ili .- •- c- • .,,, . ._. .... ,, .,. (13 4.,......—.. , . 4.1 fr (.. 47 0 :4:: C iv L. -3-, " E . ... ... - L. '4C.. — • t A.%4 ., •Alkil • t . . w Ma .........". .:41101, \ , 4 I 1.- 4.1 t: ....,---4,4-,........t, • . .. • , .g • _-.4-s-. -. .- ....9 . , • - , , 1 -Ir.... ..._. • II . : , -,-. -- . .-"Imiji `%. 4 . ... .....,. t ' r , „1„..1...,:.. . ,41......... _ . _ i. 4) -117r 711.itar.' Iii%s‘ ''. 2' • 1 - 0 -a>1 111.--141 • :till ,. . . 0 .- • • 1 . 1.•fA-; < - -. ,':,t,'.._1•1.-.. .).• 'l•••. '• -- ..Y.— L.V3 1.... CU n3 --(1....- — 0.. (.9 --- < to = Et CD 4(7,5 - Cr I / .0. . Sao/ r‘ ix S. ' Ma . . r . ' * ' 1, • 'r • • _ . "M",-.4.II P1,-- . . ,.., ... -- 111 -. , I I i . -' I i ,.....) . • • 1.,. ..‘ 7 r . •• .. , • . . •• . ,-. . • - — • . _. , .. 4, !. 4 .• :,.., .. '_ • .1. .... . I. I : . • .• 1 I I: °03 1-a ''111:111' . - 1-. - . .I: ' ' • . • C ' ir 0 0 • ;0 14 q ,, 1 „.., . . • 'it A , L 4 .. • : 4 t - , , •••• . • NM iii*'11 ,•'14 -pi;liA 1.4 • -.• ' I( •''' 0'1 ..,„ l' ( . _ . a ''I:1 1 ' 1 ' ) iiiiP _'N,. .'.. I.(-+..1 1... 1.7.i .-' fr.- :'-''•- r t I ft • - t • I t • A ! ° ‘ ill 1 •.. 4i :1. ' ,' t i ' 1. ic .... - . EZOr •. '.7. tr'' ...101111111111.04.11111111111.1*110111111.111.4 1111111W , -'"Wilirl"tiV ,IA IL Ileglir -. •• . i .:a '45t ' . I••• Nal.4.. •••• . rir. 'o I 1 : . ' . - • "401,-- '.,°. s•-• • t 0 .,S.) 2 , , • , . .‹, i, L , '• . ,.... . . ,.-- . . !•••i'i • . g• a) (f) . ..:7', '40'4- .. ., • . P ' ‘‘- •-•• In -;.. L , .• . . \ \ * • -rl: • . ., • N.,,,,,,ver. .....___ .,,.y.,. f ....„. --" siMPI1 . i , \-- • --_, • --:•••••40.4.4„.. . .. . t. •.• — ,.. • .. .. ... -,......„... <0. , J . , , . ,.._,. ... -,.................._ _. . ..\\‘‘ \•' 1 • .4x........ . ._ . .,... "-_,•=0,41fiiiiii*„. ., ..f!...:...., ,::,..'-,!7:'-;..,;.:‘,:r-.. . . . 0.... ..- . . - • r • - --,f,'S \ • 'lersf-- . 411111 -7.,-,-r---)- >- .. 4/ , 1,,• , - .,, . . - --- -----{ ,. . .....••., ig co d 0 • ,r,.,>, . 0 ....,:_ . A ,•T i• • ,- .i. . y- / -- ::,...,.. .,--.,..i--,--,„?..,7,-.. -,:-- ..','- •,,t,,,.`..-.,,,‘ .4,:r -- ,... __.__ . _ - -,- ,,7,_ . _ , ,i •/ —. --- —_.... . . . .....- . ,. _ V-Ii Z il----,:t. .----.-.-- •,, r --• - 2t,,---,--.:-,• ----„,....;_:.-', -- ,_--..,;,;,...,_.-,-,,,,7,,,:•-;,iw- -,'- .t.,..e,it,..- ,..i-'r-'--•i7... . ,..±.7; : -4WP. -' 1 -.", ... ..c; . 4 ' ' ji . --or:ik. S,til'a'''-----;.-- '-' '•*--: :r't'.'''.7 4% -'..-''.-4-'-..',-,--. -- • . - : L , itsit • 1 i....,,,,.........., „ 4' ,•.:f-• , ,...r.- . . • , , • *. . '74.,•4,1,....2- __. ...... _ 1 • -411 t ' . ::-- . • • st ,ivi ...,.m „.e.. .. ..- . ; :..„_•,--.. ...„ - • - . r'',.' , • - . V - ..1• 4; .,.. . i tok, -.. i i . i.:•.- itil. t ., . 9 9 ..* .4.. •- Iz'A . .• :,- • • • i il- I . -. • ' 4 ' :4.1 - 'It A 4 4a . A e s.V . : I ' " . - • ,' t 1 1# 's r /I & al il e• , .< -,•. ..- .... . :.., X _ 1• / . . ., . .-.- --1 1* 1PR r • 14 . •g ' --' '/ 0 1 tl ( 3i 2 , r a • ;,....„ , , -...,„,-._ - ._ j 7. . I I.• IC •2*Iilik71.i!e •% i.. ij:1 • 17;i;7.1.. ' 4•2•tiki ..J:!i .• 1..-s:g.t' ' ' ,. -. . - .. ‘,....:-- r. ...:. . , . .a S 1 •' 4 ':3:.r ,. '''," •.,, .. , .i. - .. -. ' - -'( ' :.•S ••4 '•• k P " ;* ' ..•- • " -. -.:: -.4••., 4-:-;-- - ' ..:. :,. 7- I i i 0 • .,. i ' ' I 7 Ilil i• . 1; ; . ' " • . : . 1, 1. 1 . . , ... . - 1 t I/ 0) ..„ . . l• • : . u.... • • E c 1 • -.t ' ; i . - . , , 0 1 1 ° ",c"" lit 1.1-,-: ,-: , ... '.- -, . - :- . ' . - 0 aL.. „ i . . ,. 03 I , L f - , - . 0 Q. -., ." . .' - -- . . ._ __.. ... .... . 1.- . •t-i -ip 14: - i t i I 1 ) • . • -. '' i au V . .,. .. 1 i x . .. - VI-M. • ..— L.r...- .... ... 1 " # ' ' ' i - ' Fi. . I: • - .- t; 1. .- :"... •.i. _ ....................iiimin... . , •. . - _ ' ' ' .,.-.-'' ' , • ; •-• '' ..t.:4Alin NialliMai 4iiiiiiiiiir ;Iithalet, • -.. :1--:ii, I r , i' • ', ' ''......\ 'lte...' ._. T •' Ng*:i;44 • ........___,...,..-., -• Iiiiiiii 1111.11). - • ' -. ' - - - • ' '. t au.-. .4 7,.--' s•p' : ' • ."-',.. 4 4.,.'' a. 1 ....4,14 : Le 0 ,......1'We•',/ ,.,.. ifr i. 1 I ' - (---:‘,• % -4 4.0 , ". ......, • _ . ' % f -1- • ' ' -...1, ,' 0 • .:-..-- ..,,..-.."'"--- . i • \, 411--•.s-- ,... 4k,,. ' i yr • •a, . , , . , ,,„ .• . .. .1.,- •: 4.• ..1 .- . • , .1..=,,,.. — . It V ' i.,',J..f ' ...,• \ ,. .\ \ fo.--••• ---"" , ,, • - • i. -,- .., ... \ ;,. .14 '4 / , \. a• ' N - um, - •\\ -. ,•,-.... . . , , .... --:..*\ ‘ . ' 1"....f/ ,IK \ 4 • rAPI11,4 N. ...„ .i. E ix . -I ,, ! •• .: . • - , r"' '' tt 14‘‘ 11111.‘14 t * , , i , ui - .',. -i,,, ,,t , ,.., '1., . , .. , __— .' - . ' • itliw' ,,,. - ,, or. .,• ..,.... ___,.... • • .5,-I, IL. N Ikli \14, `‘, ..,. :. • \ •,, 1 1- . ,• -: •... . — . _ ., ,-• • 111., • .....-- _ ' — ... ,............ . , ,.• .w.::::].,,,.., ,e, . -„,..... - . . . • - ... • .7.-t - ,. . ., ...._100.. ,. . -....--• . .,.. ,Th....1 •••• _ .. -....„,....._...__...... ......„ ,. . Ili --------- • --a.„ - , . ... -...,.. - - .1„.„- -• • . .- .. , l". • . A..••''NA r,... ' • "..-",, 4 0 • I ' 'i Ll N ;d.s al a_W• •. :::di H JCY.“..,J�J I E. — uJ W W aias� = avr,tia v 4 CO 1'`ui u N 0 CO f; tea 4 �i—tOM I o 1 cook co ro W I-!- 0` 3in(A • O� __ y we-�r]}t ,._ • •: a Q npcnU)cnN JCO I _.- Ii 0 . L- -. �� i S 2 pS �`nN J. 10 .'w• I �¢�»s .� >t-rr�r -1 ilgtgl 1r I 4641 , . �OJ , • ! ; ' ire l�., �� Y g ARd MN , 7:11 ;o I rllz _ sic? c1 �II1_ sle . : � � ti Limf ' } k ' 0. • Z 0) 0 Am. cn O 0) B. ■p 0 a L. O a L. t2. act ca C.� a) ca 0 ca co , . 0 .. _ -•0,11,1,-.4.---'' .,k•-§"k,s-; .1,•.- t 4- ._,. • ' " 7 -.. • , •,.„-I--.....-, ; . 4 ..., .. . ", • . >, • ' -;" :-- " -' s-- t..., ), • • _: •,, •:-• y- , , ...... c.: I. _. •1...." .... ,—. ,.,__,• .-, - - ... 2 mi A I.,,A'',- ..--. . . g 2 ._ . . f .riti . ....... ,. t. ch a- , . - .. - .... -. ,. ,_.., iii 7,14'1'.'. '- ' 17•1 6,,' .. 0 0. -,,----- . - .d -' " ..-":-•.7."_4-;:::t:_-: _'-___,.1.-- r_-__1. ...„.., .... i - •t••:•ec,v-i • 1". ... ,: , • '7 ' . •-.- . . , - .1 se . .. 't . .:41,0±,........ .._ . l• ., i , - ,.. )., ., .... .. . . , .1 .._ ../ ,0 . -J. , ...It g .. . , • '. '--.;;'- —'' .- 1 ..i. I i .' :- r IV ..c''.• •-- 77. VS k . . , .... . ,, , IC I 1 1 ;,, r ''''.; : . ' a': t ti i . . ... . „ ....-..4,..........3, . ..., 1• . - --..6. i ,• _:,di p ,s.„, . •..,,,h. • \ • 044.... .• ° • i, , . .y t k1g111 1-00•••••4. .----- , ..• . .. , ..• ' — - , ..... - , . . ...A ,• . . .. 144, .,..• __ " - .... -,...„. - .. . .... . - i . . •t-.1....-: , • , . . . ..... . = ........ . _,... ,, .•,.... ..0.. 0 • ' ,,_ .._ . .‘. Ak. . 4 I ....TT, . . . • .. ‘ .. . •..'J.. - :! -.71... i 1 ' , -• . - - • ,kit. • .':". RI. "•.r-• ...._ . . P''' <, i-•.„ -- 'ILL'ii• h'• „;'‘1 .0 ' . T: --1'' lit1 •* : ' 1 ti ..., 1 .., i..,,• — V r t ,,, VD t) -- .7 - „ . 7 :- 1;f"r.---.".-;:.,...:' , - . • " ; ' , • .. , ic • , 1_, 13 11,-14'.. , I:, .,,,, i . ,..,_,. ,-.-.:.,, ., ,,_ .,, _ .., , .... . I .. , (2 ,.... *11114--....---.Alf. ! 1, :I.._ f 1 ' ,". , • ‘ . ''' /I: '', ' _'/./ ,. .111-.1-A ., - .. !Wr_,+. t ',.i ; ...." 1 - ". 0 40 3' --'. t .- kanho, , -Iii • '' 1- 0 , .1.. c--., , -,0)Ya Ali' Tk- - 1,-,,-. , ..,.• .,,... ., . . II ia c4 , t. • , . i., ' el • . „ •- -• - ' • JIK,' :. • r 11111A, ':i -...•_,-, g>aC0.. e .,..-,„,-4---..—........—A'..,..•--.--k—._--.--'-:t .'. ""1•.--,—_- .i,:,l',,,,,,l,**r.l.f.;.4aI_'P.1-4_#9_° 3i*.,R4*e•7'\..'''-'•,.-!a",.''''‘' "; - :"-, i..1 ‹ E 7-)s--,... .*:' ; _.--, !:- :•;;:. ' -'\ If. * -..,. ''''', • -— l'—` 'Th No+1 ,... cr) (,) __.....—......... x ii ` '1 �=*.fit\ , .,„,10...........„.....,...j.- __ ate{• 1 t Ht 1 ;, A \ : . F 3 ' ! - . -- — ' Ce 1111600/4. -2...-4. . \- •-''- lit I .. , .._ „,-- .1. ; +j — Q V ! 7L j , f ' • O a \ \• 7 ` •w r• A. l 1 7. \,..i.. 4f cy. T .', II. _ g ,1 3 : �� 1 t t 4 tY - -,,,-::: . - .. ,. \ 1. ' 0) .0 .i.\ 1-.-4 . . .... ..-:-.k,<Att , , . i .. m , . ... .. _ . -r.'' -ii...\-, .'. , . 1 1.` 1 . . . . ....4: ",-.1 1.1:, - . '":;;I:; „ . , .. 1, z b c r 1 IC!!!l y ul ° I .cam � { , a 1 . ---- i, :-.,•,,,,,'r--,..;..r..- -,----2.-._-,..:-..-_- ----,.. .. . r - , .. .,... . .- ,. .4 -.„- '---• . "7- '...',..°- -. '4 :- -., . 44/47i* , a . . - -': - :A: .4'11,-1Tilr.4-7,:_.-4.•...4.-:'-••••,,...--).-;:,... _. • ilk- .-• ..*:. '' ' .fk „., 404 , , . _ ,,, ,l•- -. - . ). • : , • • "0, - - --i-.., • '.AA , _ ----- , , ...•• ,,,• 4,,.... , ,. ,,.- s.. -.. ,. ' •'.I:'.,..4-'' 'it,. :- , -,... _, .t.f., ..". 'it t 144, 1. r,... . '-'*4 .•, , , . ...,A, -3..i. •:.,'- .'..--.L. ,.. , C 0 •,., ' • IA. Ati. ',- die, I a•••• .„ • 0 ... . . • I le:•-'--.,.s- a) • ., . • 46' = ,U) 4 - ...• • w dec.) ...., --..., ii, • • N - •, .. ,, $440 i *. 110 C . E 4 ' , -..,- -41$ . - -- . . . ..• ,,,.. . . , ,.., -•<I4 : . . qv ,.,...:.../ 4.0 ' • -:"..r*s..- • • . 13 (i) . :•-•.4. ,..,e , CD .;' :I ' - ••• _Aith- - . .. .„. . ..<... . • . :;LW+. ' i ... '..0‘...*:-."S- - - • . . . . _ .. r , •C.... -...t ... I • '. rt•it, - - „:, 4..J • u ,,,- -.,tr it vr" • ' ' .7 4. ' • co _. c i .,.... ...- . • 4) 4.1, r; • • .r. . .. - . . -411111110 ai LLI C ' ' --- • - "E; ° tr.... a) -:,..• = , CA - • ' ' - .-• ... .. . . i • -. . ; . . ,... . ',. , . •' . r0 5 ' (,) 111 •,.. tii . f - '1 f i. 0) 2 • A . . co ,. ,..,.. ....g- . .. 1104 r•••• MIME I 0 .• • d'iii.. ..if. 1 i liar . _ 8 0 `„'; , I , , , .N• ,...- .,.4!. ,....,.4., f-• , I • 1- ,4 ri.,.• -.- ,-,--_,- . . I-. 0 --....- •' _ ..... t. • 0 gi• ' ..-. - - , 4.i E • • .\ ,4 I, - 11 : M 4'''." • " .'... , •,...... . . I-. _ .. .4 < c.r) 0 V" cn 713" o ._ U) 47; as c _ •C L. asO v —_ a) O -a •- CD 5 p 06 ca i N 0 CC . C) C L L. a) i E '0 0) C O 3y Q co co 0 44- E E as O u •_ 4° a o '5 u .� co N a� 0. L L L.. w a) 0- 0) CD co a ` .L tm E C 0 L. a v CCU) 0) CCD y a IN C 3 L C.) 76 cn 0)a) 0 W u .... mac cn cNi c 2 -5 8 cep ...1 cp .c .0 2 ,0 0 .?„ 2-2 w r< .0 -0 c E.) 12 cp -0 0 ......as H W Q W o ._ cc - (/) j tl_. '--- /lc ikketi god 4 C..--i .- it' I N als Pod k- . , t. 4 00 - ..,it • 0 _di 19- -41 4e I as ,-- • ..,--'" it. C. - -4 A.•••''''''' 4001111111c; ilk , • ... we II MN .-_... • I/ (In Ilt.:•,..., , ' "...-•". . ...." SS " ' '• ,a , 4 a) , _ \ UJ L. 4:, , Aost , 4. - L., ., .; • lb.. :ar 0 I 'if. - illi, • • ,s -, 1; . . .0 • -.,. . . . , . • 7:3 II— , /.. „. • . ..-- 16.. si- 4,4 ,,k• {3' -'''a r -•. , t,..!t , - .... , 0 f ... of Cim) ' '.• # 1 i 10 10, r V 111/ lo : •li a All 4 A . . - • .1— &NI . 1111 \it , CirD r , '6.---` via III loilmq _ - ., en'.. ,..:-.-- .- .- . .. 8i... C21:,)) ., • ilk (in Ulm•`-'''. I'''" „A. ,.., - • i . ..... —.. r o' _111119i" k - „<r ..., . 1 ..z ,.. • __.... , 1... f- 5- ' i v- a - it 0 CU r w k I r `� - ii r.0 ,)0 0$ i. . E \ ' os\ ' ca)1 - .: , # --491D co &- \ I if siztdi . 1p frI.ram 01.1141 ' II!' co E /?..‘) Illasil csi ..... Mk. `,A. 3 04:2 \ 1111 a y zzo \ \ji. ('' m E 2 a i 4) l-- r U L'7 a F a 4111111=11444maimmo. --. I i lir I 11 i II. . 2 . I-- ) a . . - _ ... 1 lip , . .. ... . oil •..-,-'• )= 4.4 _1 1,1, '. • I I I VII-k 7 4 --- ' - AR *II In! - 41A. , . . _ FaXili.g, li, , ,ft 8 gE ioll --to' -rj • a . 1 ., . . , .,... alir - ,_ - vimaissigNisamt.,..- ilL 5. ... .,... • . IF : - 1111 .., gib I I• _ 4 ..„... . .. ,,f3 ,. II . _., t .7. • .... ... , • .. , ,. _ _.. . . ill* •- 0 1: . , '- < IIIIMIIMINIIMMIIIIMISMINIIII 1 mom 0 „Ai. f le? V II ii "" 11. ill ' W a I II00000IDD0OO C I ra— i>ii( 7Ma. 1 2' j N - d Rs --II--- W V C i 1 CD os 1 Z • , IV 1 , i L ` co • • ® U m 4 l II O���O�'��OI;� • - - — �: • CAx N i'' 0 C } , v , I ■ • 7, A°47-41•-lk _ j_ 2.. 0 '\ b .- _- 0 _- a Sl ;,e 0 ' Z > Co a ; 0 6 '� 1' • 1 DpDDDDIII ® a ® T K\---. I ® d e toii �� �y r1 0 _, . ._ • ® ® ® \ • \ -7-,.:•-.. �� ® ..... C ,r 0 li ' ::. , „t. , 4 ... '.a ..., ,iii... imo 10 ..... _____. J Ai !' { J r a yI , i Iftwii,........ s''° I, I .. z,. Pt 1111 0 ,, ► F '-PR • ty� F � e - �•� f - )1(1 ,, >r •. . :v . 'N`p .o X. k ' , 1 ',,., -EL . 'ililkr-- -- ( •,. I. .4 li . 14 4.,,-.... 1 1 ; �: L. v /11 X 11 ', i' ig 1 , `•t:1 ii' S IR i -• L. fi .% R • El MIR • i • i� moes • �_ 0 I J •C C cos- 0 c U • CV M 4 • a _ f n . • . . w ° 4 .. I. ;J T 0 _ L 1 � E • • 1' � I 71se F n CP G (L -= Ec � �. i • • • E O .YL L ] • • • I� ,ii--N . I ,.,_____.' ..--..„----,...L.L. 14, .. 1 j i-41 W —Ii R ! I} T ,_�t. • a Lc' L O II +-, co _I R. __ i 1 > ca Y " -= i : w W a 0 u . [, it _ o -- -- oE b C1 FA .1 i . as a --° i a) u) — 03 o i . 1 WLIJCOJ b w 0 a r I; lr i N (J. ID O gir It i / ,r1— • ... i A n r f � lir' t.) 0 .f, ,.. \ , 6:---;- ,,,. .--'..____ or .;„-,/ ::-.) . ....41 , E r , -,711 !---' s ) , 11 /I/fir;,--------- 1 r iz ai) / C3 2 i �r4 r,, 1.1 . 1/ , W /l '/ y/ / 1 ,. \ it. N - J i„, , 1,/i ' �/ , ,/,' . r _ ics ://1 // i , i 1 :6. cs- ,/ - �1..44 'i ----- lk E L_ u // iii: f_ _____ \ -1 di / a r3 w yC V) . j._ . '':.74!"--:-..-- - I, I —.-- —ME —7.7--------------___ ._ ;,•:.i, . - — ——..,.... _. 111•111. 0 :4.-', •I - —MI • :••W:3' '•-„ , , ,-• • ' ' ,',', • i• i• ; l' 3F1 !ii L fc, i • ,,,,. , ,. )•:... , • i. , i :. AP. t , t , ... -s-.7-17... .-------- ...-.: 1 I t 1 1 ":1-.0.1i. • .4 I 1\ i 4 iiii j• . • _-\ 1 I '1•41 . ' • 4 , I ;, \.: _ .4 I. 1 ,i 1 • - •to , 1 -.... •‘,.,,,...,_:....„4 I ! , •. , ii) 'I, : t 1 — • . . I i ' , . , , , t 1 - 1 • 11,1 i .'.i‘'.-.:::. ,',.4.1 . • • , li 1 i" 1 -- - - - • •• ,, 4 i 1' .. . 1 t 1. ,,,, - - -..•tt. ( :.- . ti 1.1 . _ ' (i o , '. --. .- i•-:, -I;; 1. I) ‘• ..,)'. P, . 1 " 4' ' .".. -- - ; • . ' i 1 . ,... --',.._ . 7:_.' .„ - . ', 1\ • 1 Ili; 2 ----„,... -, , 1 I I ' 11 ffi iiii RI* !:'• .,1. i. I i 1 ' —1 0 l'IM ,'; . • , ., , , , , ,\ . , I , , , , . ,. , 170 2 at- 4.::\4_, 11 IF13 I, •':" :- I--7:' ' . 'ii i5 i i I t I t t ; 1.1 I 1 lb 4 -sill. - '- . . .;''.i'•- • .k. li ' ; 7 ,l''...•' ., E. r ,,- 10.;- -:' ''-'e.•,-4, Ise. . '......,. i ‘.;.• 's't 1 . r•Ili...-Ar- il **-/* ',4*"*'•. ,,,, •-.4*,;••." - ' , iiti ,4„..ir.z.,ii.: , • 4";, . . ; • ir-j, 4:7-4,!1.--- ta .,,,, -. , , • iii 'sisr.:hodir m d . i ",... „• . , ..., ,.. . ,, 1, ,, .,....., 4 i 1 ;it b,•40 • 11 iii r 0 air.) .ilie • '7- 1 11 *1 41, . , , . ; . . • A .-;, • •------ 0 •-. 1.10""'"''' ' , .. =. r .,. , ,t- . e''''' . •` 1 .. I 1 -• — Fkit.",,'''L..11 '''. '....i ' ':,. ." . , 3',I. '.. w�� - "s/ / "....,. . *7 .0- - - - ,- . * -,..40 1 • N--...... ,,/ ,-..---,r. . . . ..:, .- - _ - .- .. -4.,#.4,, : ,,,....1, _. . .• s. illoe F 18161 • ' :S:4 i 7'., 4:4 i , .C.....7:-.8"7111: 4,,,,,//4:: ./1/`Yll:/// ' .. a co \ „...,z7_1114:zzz,.. yr__._,J /4107/../7/ • ..• ow- imiiima T - 46--4:4.... ? - r ip- ,..., 1/4..., s -- , .,............0...:, .. ,, • --,-,__. g 1 ,71:14 . 4%4,4, '' .- . ___ .. itia 7-> ' hiele Nth,- mi a- - iiii ■it ►. � . miliii As T OW 0,o- : 1VI I c-�� - aure' C i , - r!• -h--- 4 U ° ir ! I _.L_y Ij . I 0 �� 1 i ti' 02 C IC 1 4.1 n r ® d i a. �d • a r I I `Tl - ,i I * ii 0 j a 1 I I 0 r- - - ii _ . \` I / III I II• I V o— H ` 01) ra . a3 i % °' O 3a) l c d I 1 z / isi.._____ •_ , I I E CD ��Mr•l \ --- III ■ �� I III i • O 41 ,f� I 0 - rffl,inn 1 L I 1 I I L__ J I I I 111 .7.... • ,.., .0.. 4 • - ••' ' ./ ._ •• a) a) • co m 0)-4 • el C) •-.4- -- -,--,:•:•::' . . .. _. , 11/11 . i . ,., , , _ ... ... , . - • . . . . , .if,' • i .•Z'11.— . . .. . . ... 1 ' • .11.., • -• .., i7 I ' I i 1 ---",.......•.. I. : / . . 1 , ry 1 /I. .laj - 1 1 , _ 1, • ,I I I i 1 i 'l .. :-.1/4.4". .• lip . ---- 01 I. ,i.l•. •.-, .- - ,=.• .,.._..._•_.c.,i,h gfk..f.".LIa 1 1 — . i,....,.„„.•.t.. 1 -1,- • . . ,..,... ,, . ... ( .-W''.: 1 _ ,,.rit•_;...„ , '—'Jlin.k1 ' '-?711 .. ,.......) , ,..„. 1 _, 7 1 - 4 .,.•,...e.„, —... , e 11 .:: ---. . - III Z --u; . ' ' = 'A'ii - - . ., -- ...III( ....y.I.1' '1--i. 'II :-7. . 10,..,-- 16:11‘ 1 -..... ..,, . " r-, 4 -* 011ik' r : : __,.. •---- --.: -*,' . • NO , Ilk ii.L0 ' • - ' ' .0' 1116.N. IL,- . . I Mit . . . \ : _ . ..•, 11:11.111.S. .. t 0 ...„ ., . .. , ,.. , ..:-.,- ‘,„ . ,.•• 0 I A\11,8\ •, .......„„7,-;:. -,.....,.. , , . -,... 48-• \It- ..--...8 -g,-.1.7 . ••a f _ .• . . • , # 1 I , A . J , I • 1,' 1,-*, • -,--r. .....0 -, ut •t- i . ( $ ii - ,4 . • ..... , •.-_,• ' irrig:-4.41- ,-1, _ . iipi 5 . ' - i-n L ' -- . 1- .-1 Ia. ,.. 1 • ' Ar a i 041'. (5 _ 0 Ifil Z . , 1,, # . _ t ,x-,14.•, . .-N 1 ,- - ..... _...... ks- . 4110 0 • ` �4./ W / UM j > 4 • �/i / . ) G) r a 0 4101, SEMI / ,j�, /L' jt ` .13 .7:.._ .7.i..I .(./I•N, ''. c 0 0 , a) Ix • `•/ • / CU i ♦ / _ ,/ 4 400:, , . r' / f 0 . Sri'—. ,\ C En J r W � ~ Las I _ . --- . . u) 1 'ill Il _ I �� 1 < 0 i N O W V Z 1 ' �� 11 \ �, i t, x. 0 I T. IT TTTiTTTI , . .,. ' - :: ca i SR a yy I f j . x ' 119=' ,; ,,./ I / I 1 .,0 0 2"-------........ .., ... / 0 ----s\ /'' P / '-'" /kip. Ar il 0 / 0 /4 . V/ 1 / 0/......e.ar :,// 0- • 0 4., fr-------, 0 .91111 oftWtic " e - 0 0 / 0 1i ii 2 • .1" •, . . 0 • m.- --; "T_S-ED - ,;• .:11Y.' ,.. . . .., ,.. I 01 'IN MI lit 7: ,. . _ • • ___ .,....-- . _ 1 ...11 , •.-.- ---.' 0 - 1 1 1 _ 0 g >1 I MINIM la, I 0 I :. 1 11 1 11 111E4, • II o , .. _ i Ilk . mew 0 I musk ll= IIINMEN. i M t t 1 •thl.104 CD ' I I . • , No C o _ - N MEM - I 11 'll rik imiii 11 c a ..,c 0 MIME 0 0 •• III .47. 1 1 mws 6 I I — I CO - - 1/.. . .--- . -. C13 i I lik Dom II. 1 ------., 0 . . ^ 'llir :: , • • 4 1 ,. ., , .., , ,..?• H 1 s- o o , . -Eli-1---, , . ,, : I . . Inlal••• .ml•Mm / 1 ... • .11KYI . 'II 1 . I r... , ..0.... 1 • , __ © , . 4, i II .. _VIVIEN:AO,. • . 4111111111111RO—- -.!vi , .....= , ... , i I I 1 I = -2 II' 14 TtZ,Ei t.s11: -2- ,r ! Ali : 1.:1 il orikA N i 0,.., . ap: li— 1. . laic 1 el ii " , ,:,..-7,. L ..0,. 1 • le- I , n -- 1 , 1 -:-.A3-'15j'.. „-- ---.---,,--, , ':ileii• ',--,-, - -J. apt • ,.. ._ :,......,..:_• _, .:. .._,...z. .,!/e.,..i....,,,,,,....r4,,...4.. „_,E,..:„......„, . „ ,._. .,..4.„,... ,.., LI ..46.7 ....z.f. .. . , .. .z„.. ...,,,..u...._:,...., .,_4 .... v.. * " ' r ,.,...... _ .. . ... _ 1w/fro .., , . .,. ,.... . -T•-- — -:-:4 r ...,.... , ,. --. .. ... _ , V CD 0 - Ct . . 111 44111S, 0 4 . P. ilik i • V 0 .z. \ ts• , 0 , I . ..,.a .. i WA- ",:.„•V--... -— ' - ftt I I 1 1 r - t (.411104tWi.LIMA ,, \ 4 4 a . ) . 4 7 - - • . 113/1,C 0 1• . _, . . , .., 1 ,--.4k. , .., ...A.... ,. at • =f .. L. • • .. It - . .- 4 •- �- .1 j ^_ • 1qi . ♦ ¢ T ilk f • S t • +V. iii 1 • .S 1 O 44 j iiii- I. - 1. r -- : t op i r Y s, t r , I . • *--ri - , • • • • • . it* '` •. • 1 SALT LAKE CITY COUNCIL STAFF REPORT DATE: February 3,2006 SUBJECT: Ordinance Defining a Significant Parcel of Real Property AFFECTED COUNCIL DISTRICTS: Citywide STAFF REPORT BY: Lehua Weaver ADMINISTRATIVE DEPT. Management Services-Property Management AND CONTACT PERSON: Matthew Williams,Acting Property Manager Currently, Property Management processes all types of property conveyances through the Planning Commission, other City Boards or Commissions as required, and then to the City Council. This proposal reduces the number of property items for which the Council will have the opportunity to request a hearing. It attempts to identify significant items, and those not significant would be handled by the Administration. The proposed ordinance provided for Council consideration establishes a definition of"significant parcels of real property"based on: 1)the use of the property(such as Airport, Open Space,Public Utilities Properties, etc.), and 2)the type of conveyance(such as a sale, lease,easement,etc.).Using this definition,only significant parcels would be processed through a Property Conveyance procedure, including a hearing before the related City Board or Commission(Planning Commission,Public Utilities Advisory Committee,or Airport Board) and review by the City Council. The chart(attached) lists each use of City property and each different type of conveyance. On the chart, each"N"indicates an item that would not come through the City Board/Commission,or the City Council. For each"Y",the item would follow a similar procedure as property conveyances in the past. (See"Additional Information"below for an outline of the procedure.) The reason for this requested change is to increase the Property Management staffs efficiency and ability to respond to the public's need for faster turnaround times. The changes are allowed by Utah State Code, which states that"each municipality shall,by ordinance, define what constitutes a significant parcel of real property. . ." (UCA 10-8-2 (4)(b)(i)) 1. During the Council's discussions regarding the Open Space Lands Program, Council Members mentioned an interest in establishing procedures for the disposal of other City- owned open space parcels that are not included in the Open Space Trust. a. Council Members may wish to consider whether the"Open Space" use listed in the chart is broad enough to address any and all "Open Space Land" as defined in the ordinance enacting the Open Space Lands Program. (See "Additional Information"below for the definition.) b. Council Members may also wish to consider whether there are other categories of significant parcels that could be included in the list of uses such as: o Parcels that are larger than (.5 acre) o Parcels that are valued at more than o Parcels where the sale of the property would result in a budget or land use request o Parcels that are specifically referenced in a Master Plan or where the proposed use of the land will conflict with the Master Plan for the area o Parcels that are currently vacant o Parcels within specific land use zones 2. During the Open Space Lands Program briefings,the Council discussed an expanded process for purchasing and/or disposing of Open Space Lands in the Trust Account. The Council may wish to consider whether they would like to include this expanded process as part of the proposed amendment pertaining to the property conveyance process. See "Additional Information" below for the steps of an expanded process. 3. Currently,the ordinance allows 15 days for the Council to call for a hearing. The Council office receives a notice of the conveyance following the Planning Commission's meeting and works with Property Management to identify the next possible dates for placing the item on the Council's agenda and holding a hearing if requested. The proposal allows the City Council seven (7) days following the hearing before the City Board or Commission to call for a hearing in writing to the Mayor. The Council may wish to consider whether seven days is a sufficient amount of time. io ` a s ° A p r Outline of Property Conveyance Procedure: (from Page 2 of the proposed ordinance) o Notice o Notice of the proposed conveyance shall be mailed to all abutting property owners. o Notice of the proposed conveyance shall be delivered to the office of the City Council, posted in the office of the City Recorder, delivered to a local media representative, and posted on the City's website. o Each"significant"parcel will require a public hearing before the Salt Lake City Planning Commission,the Airport Advisory Board, or the Public Utilities Advisory Committee. o The Salt Lake City Council may also request a public hearing prior to the conveyance of any "significant"parcel of City owned real-property. o If the City Council requests a public hearing,the hearing is held by the Mayor or his or her designee in conjunction with a City Council meeting. Open Space Land definition: (as adopted by the City Council on October 19, 2004) Section 2.90.020 A. "Open Space Land"means a parcel of land in a predominantly open and undeveloped condition that is suitable for any of the following: 1. natural areas; 2. wildlife habitat; 3. important wetlands or watershed lands [included in proposed chart] 4. greenway or stream corridors; 5. small neighborhood parks designed primarily for non-organized, non-supervised activities, such as: a. a small single purpose play lot, b. a children's playground, c. seating areas, d. natural vegetations,and/or e. a small open grass area. 6. trails for non-motorized recreational activities. Open Space Lands may be preserved, enhanced and restored in order to maintain the natural, scenic,ecological,cultural,hydrological or geological values of the property. Open Space Lands may be located: (1)within Salt Lake City,or(2)outside Salt Lake City if the Board determines it is in furtherance of the objectives of this Ordinance. As used herein,the term `undeveloped' does not include manmade structures of historical significance. An expanded notification process would specifically include: o A written proposal, signed by the Mayor and including a description of the land,purpose of the sale or transfer,proposed purchaser of the land,proposed purchase price, anticipated future use of the land, anticipated change in zoning that would be required, a statement by the Mayor stating the benefit or interest of the City for sale or transfer. o Hold a public hearing before the Mayor and the City Council. o Providing notice to the public through publication for two successive weeks 30 days in advance of the hearing in a newspaper of general circulation(following certain dimensions). o Posting two signs on the land proposed for sale 30 days in advance of the hearing. o Mailing notice to property owner within 1000 feet of the land 30 days in advance. 1. Forward the item to the Unfinished Business section of the agenda for the Council's consideration. 2. Request additional information relating to this topic, including a definition of other Open Space Lands, an expanded notification process and other items that may be identified by the Council. 3. Request a follow-up briefing. CC: Rocky Fluhart,Sam Guevara,Ed Rutan,Lynn Pace,Matthew Williams,John Spencer,Russ Pack,LeRoy Hooten, Karryn Greenleaf,Rick Graham,Val Pope,Louis Zunguze,Alex Ikefuna,Cheri Coffey,Doug Wheelwright,DJ Baxter,Janice Jardine C 1,4 ROCKY J. FLU HART .� r[a� �^ �J'� ' et' �p=�.,© i� ROSS C. ANDERSON CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF MANAGEMENT SERVICES MAYOR PURCHASING, CONTRACTS AND PROPERTY MANAGEMENT DIVISION COUNCIL TRANSMITTAL TO: Rocky J. Fluhart, DATE: January 17, 2006 Chief Administrative Officer FROM: Matthew C. Williams Acting Property Manage SUBJECT: Defining what constitutes a significant parcel of real property STAFF CONTACT: Matt Williams, 535-6447 DOCUMENT TYPE: Ordinance BUDGET IMPACT: Reduction in staff time required to process real property transactions BACKGROUND/DISCUSSION: Utah Code Section 10-8-2 (4) states: (4) (a) Before a municipality may dispose of a significant parcel of real property, the municipality shall: (i) provide reasonable notice of the proposed disposition at least 14 days before the opportunity for public comment under Subsection(4)(a)(ii); and (ii) allow an opportunity for public comment on the proposed disposition. (b) Each municipality shall, by ordinance, define what constitutes: (i) a significant parcel of real property for purposes of Subsection (4)(a); and (ii) reasonable notice for purposes of Subsection(4)(a)(i). This section of the State Code and existing City Code requires the Planning Commission to hold a public hearing on any transaction which may result in the conveyance of any interest in City- owned property. This requirement needlessly delays conveyances of temporary interests, such as utility permits and short-term leasehold interests. The draft ordinance meets the requirements of 10-8-2 (4.b) by establishing Salt Lake City's definitions of"significant parcel of real property" and "reasonable notice." Once a conveyance is deemed to meet the definition of"significant parcel,"there are existing City processes to allow for public notification and subsequent comment as required by State Code. RECOMMENDATION: Adoption of the attached draft ordinance. Following adoption of this ordinance, the process for review and approval of the majority of transactions will be greatly streamlined and the amount of time required for completion of these transactions will be substantially reduced. 451 SOUTH STATE STREET, ROOM 225, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: B01-535-7133 FAX: 801.535-6190 www.cu.sLC.UT.U5/PURCHASING.HTML rn RECYCLED PAPER SALT LAKE CITY ORDINANCE No. of 2005 (Defining what Constitutes a Significant Parcel of Real Property) AN ORDINANCE DEFINING WHAT CONSTITUTES A SIGNIFICANT PARCEL OF REAL PROPERTY WITHIN THE MEANING OF THE UTAH STATE CODE. WHEREAS, U.C.A. § 10-8-2(4) requires that before a municipality may dispose of a significant parcel of real property, the municipality must provide at least 14 days notice and an opportunity for public comment on the proposed disposition; and WHEREAS, the Utah Code also requires that each municipality shall, by ordinance, define what constitutes a significant parcel of real property and what constitutes reasonable notice; and WHEREAS, after having reviewed and studied this matter, the City Council finds that the proposed ordinance is in the best interest of the City; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, as follows: SECTION 1. Section 2.58.020B of the Salt Lake City Code shall be and hereby is amended to read as follows: B. Sale, Lease or Irrevocable Transfer. The chief procurement officer shall adopt specific written guidelines establishing requirements for notice, bidding or other conditions of sale, lease or other transfer of real property. SECTION 2. Section 2.58.035 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 2.58.035 Significant Parcel of Real Property In connection with any proposed sale, lease, conveyance or other disposition of real property owned by the City, the determination of whether or not a particular parcel of real property is "significant" shall be determined based upon the "Table of Significant Parcels of Real Property" set forth below. SECTION 3. The Salt Lake City Code shall be and hereby is amended to include the "Table of Significant Parcels of Real Property," as set forth on Exhibit A attached hereto, to be located within Section 2.58.035 of the City Code. SECTION 4. Section 2.58.040 of the Salt Lake City Code shall be and hereby is amended to read as follows: A. A significant parcel of real property owned by the city or any legal interest therein, shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has provided reasonable notice to all interested parties and held at least one public hearing on the proposed conveyance as set forth herein. B. Reasonable notice of the proposed conveyance of a significant parcel of City owned real property shall be interpreted to require the following: 1. Notice of the proposed conveyance shall be mailed to all abutting property owners. 2. Notice of the proposed conveyance shall be delivered to the office of the City Council, posted in the office of the City Recorder, delivered to a local media representative, and posted on the City's website. C. No significant parcel of City owned real property, as identified on Table 2.58.035, may be conveyed until after a public hearing has been held before either the Salt Lake City Planning Commission, the Airport Advisory Board, or the Public Utilities Advisory Board. D. In addition to the public hearing required above, the Salt Lake City Council may also request a public hearing prior to the conveyance of any significant parcel of City owned real property. Any 2 request for a hearing before the City Council must be delivered to the office of the Mayor no less than 7 days after the date of the public hearing held pursuant to Subsection C above. If no request for a hearing is made within that time period, the City Council shall be deemed to have waived any right to request a hearing. If a written call for hearing has been made by the council, the mayor or his or her designee shall meet thereafter to hear and consider comments upon proposals to convey the city property specified in the notice. Such hearing shall take place before, after or in conjunction with a regularly scheduled city council meeting, as determined by the mayor. E. Any notice of a proposed conveyance of a significant parcel of City owned real property shall specify the following: 1. A description of the property to be conveyed or encumbered; 2. The nature of the proposed conveyance or encumbrance, whether the property is to be sold, traded or encumbered, including the nature of the conveyance if the property is to be sold, or if a trade or lease of property is contemplated, a brief summary of the proposed transaction; 3. Persons to whom interests are to be conveyed; 4. Any consideration tendered; 5. The name of the person, department or entity requesting such action; 6. The basis upon which the value of the interest has been determined by the city; 7. The date, time and location of the public hearing to be held. The notice shall further state that interested persons may appear and comment upon the proposal. F. The conveyance or encumbrance of real property of the city may be finalized as follows: 1. By the mayor, at his/her discretion following notice and/or public hearing, as required by this section; or 3 2. If the transfer is revocable and the mayor has determined that an unanticipated combination of facts and conditions of pressing necessity has emerged which requires that action be taken prior to a city council hearing. Such conditions shall not be deemed to arise, unless it appears that delay from notice or a hearing would produce: a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with negligible impact upon city interests, b. Serious detriment to the social or economic interest of the community as whole, or 3. Substantial economic loss to the city. G. Any decision by the mayor to forego the city council hearing provisions of this section shall be made in writing to the city council, stating the specific reasons upon which the decision was based. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of ,2005. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. 4 MAYOR CHIEF DEPUTY CITY RECORDER PN6' (SEAL) Bill No. of 2005. i Published: " i I:\Ordinance 05\Defining a Parcel of Real Property -June 21,2005 cleandoc 5 3 k E ] / » » Z 2 / Z 2 ZZZZ 2 a) 2 s ■ Zs /= \ } a Z » >- / 2 / / 2 2 2 2 2 Z > / CL j To_ / c a) \ ƒ� 2 » » » Z Z Z Z ZZZZZ tn ) f E. n2 B / / 2 / . 2 E 2 » >- ¥ 2 2 2 2 2 2 Z 2 2 \ Cl) E § § o / ƒ - E cn as > / f / _ § 5 0 �■ ( 2 / » » / 2 2 Z Z Z Z Z Z / . E f ; E_ 0 o ± 0) � a) _ 0) £ c E e « . \ f 2 7. c >,; e o ko . m / .§C » » >- ¥ ¥ » » >- y » ¥ » * c /co e$ as 7 = e2 �L a f [ c� 2 2 n o g ° o > @ . 0 E % > R ) .2 » » ¥ » » ¥ ¥ » y » » » ¥ f § a) \ / a. / \ r = >. o .- CuTo as § Cu r o. / / U E § cn / k / \ k k 0 � £ \ \ a)0. = \ § ta) ƒ \ 11. \ \ \ m o \ E 1 ® « $ 2 ° / 0 $ k a) .c T Cu o 2 7 _ \ / E m co / k ƒ / £ o 2 75. _ § 0. TD £ o - \ / CD 2 ( k k � � k F \ - I— I— = k k^ 9 06 S = \ 3 / - L o s- w ILI & $ o m E 3 5 u) _ o _ _ -) \ b E § w O o o _. -0 b / _ � a f 5 \ g $ � b / % $ / 0 Z i o f 2 2 Cl'—'0 , < = 2 = $ � Z S < / _ < 00 2 ESE 0 es Z E SALT LAKE CITY COUNCIL STAFF REPORT DATE: February 7,2006 SUBJECT: Petition No. 400-05-23—A request by Greggory Savage, representing Mr.Chris Drakos of Montana Brand Trucking, requesting the closure of 1500 North between Beck Street and Hot Springs Street(745 West),and to declare the street as surplus property. STAFF REPORT BY: Jennifer Bruno,Policy Analyst AFFECTED COUNCIL DISTRICTS: District ADMINISTRATIVE DEPT: Community Development AND CONTACT PERSON: Ray McCandless,Principal Planner NOTICE REQUIREMENTS: Newspaper advertisement once a week for 4 weeks prior to the Public Hearing KEY ELEMENTS: A. Key points in the Administration's transmittal are the following: 1. The petitioner is requesting that Salt Lake City close 1500 North Street between Beck Street and Hot Springs Street(745 West) and declare the street surplus property,to allow the petitioner to purchase it at fair market value. The petitioner would incorporate it into his adjacent property located in the M-1 (Light Manufacturing) zoning district. 2. The street property requested for closure is approximately 66 feet wide and 200 feet long(13,200 square feet). The street is not paved or improved,and exists only on paper. It has been used as a maneuvering area for the applicant's trucking company for many years. 3. The petitioner owns the abutting property to the north of the street. The owners of the property to the south of the street,are the applicant's grandparents,Chris and Ruth Drakos. They have signed a Joinder in Petition for Street Closure indicating their support for this land to be sold to the petitioner. Their property does not need 1500 North as an access route. 4. 1500 North is a minor connector street between Beck Street and Hot Springs. 1500 North is not needed to access any other properties. Everett Street,just to the South, is the major connector street between Beck Street and Hot Springs (see map). i. The Transportation Master Plan identifies 1500 North as a local street and does not anticipate the need for the street to serve as anything other than a local street. 5. The petitioner is planning to use the purchased street to build a new office and truck service bays. Development of the site will require that site improvements be installed,such as landscaping along Beck Street and Hot Springs Street. 6. The Planning staff report notes the following findings: 1 i. Closing the subject portion of Navajo Street would not deny access to any adjacent property. ii. The applicant is willing to purchase the property at fair market value. iii. If the petitioner does develop the subject property as additional office and truck loading space,he will make streetscape improvements to Beck Street and Hot Springs Street. iv. Given that the street has not been needed in the past nor is it anticipated to be needed in the future,and that the number of intersections on Beck Street should be limited,the policy reasons support closure of the street. B. The petitioner's property is zoned M-1 (Light Manufacturing). The properties immediately to the North,South,and East of the petitioner's property are also zoned M-1 (Light Manufacturing). The property immediately to the West is zoned M-2 (Heavy Manufacturing). The surrounding land uses in all directions are industrial. C. All necessary City departments and divisions reviewed the proposal and recommended approval of the street closure subject to City standards and specific requirements. D. The Capitol Hill Community Council supports the closure of the street(see e-mail message dated July 27,2005). E. On October 12,2005,the Planning Commission voted to recommend approval of the proposed street closure,and the subject property be declared surplus. Planning Commission approval is subject to the following conditions: 1. That all applicable City codes and Salt Lake City departmental requirements be met including providing the necessary easements for any existing or future utility infrastructure. 2. That the street closure ordinance be conditioned upon payment to the City of fair market value of the street property. (During the Planning Commission hearing,it was noted that fair market value of the street property is roughly$35,000). F. An ordinance has been prepared by the City Attorney's office subject to conditions of approval identified by the Planning Commission. The City Recorder is instructed not to record the ordinance until the conditions have been met and certified by the Planning Director and the City Property Manager. G. As noted by the Administration,both the Utah Code and local ordinances regulate review and approval of street closure applications and the disposition of surplus property. The Planning Commission must consider and make a recommendation to the Mayor regarding the disposition of the surplus property. According to Salt Lake City Code,the City shall retain title to the surplus property until the land is sold at fair market value or other acceptable compensation is provided. In addition, this section of the Code requires that the City Council be offered an opportunity to request a public hearing prior to the final disposition of the surplus property by the Mayor. MATTERS AT ISSUE /POTENTIAL QUESTIONS FOR ADMINISTRATION: 2 1. Council Members may wish to consider adjusting the Council's street closure policy to ensure a consistent policy direction with streets and alleys. (Please refer to the next section for the Council's street closure policy.) Planning staff has indicated to Council staff that the current street closure procedure does not require Community Council notification and review. In this case,though,the Community Council did review the issue. (Currently,the Planning Commission agenda is mailed to Community Council Chairs. A Planning Commission hearing notice is mailed to property owners within a 300-foot radius of a proposed street closure.) During the Council's alley policy discussions,Council Members adopted the following modifications for alley closures or vacations: a. Shift the focus to consideration of a proposed request with demonstrated public benefit rather than supporting closure/vacation whenever possible. b. Require an evaluation and documented demonstration of public interest versus private interest. The standard should be to demonstrate an over-riding public purpose,rather than an over-riding private interest. c. Include neighborhood and Community Council review and comment as part of the public process prior to the Administration formalizing their recommendation to the City Council. MASTER PLAN AND POLICY CONSIDERATIONS: A. The Councils street closure policy includes the following: 1. It is Council policy to close public streets and sell the underlying property. The Council does not close streets when that action would deny all access to other property. 2. The general policy when closing a street is to obtain fair market value for the land, whether the abutting property is residential or commercial. 3. There are instances where the City has negotiated with private parties to allow the parties to make public improvements in lieu of a cash payment. The Council and the Administration consider these issues on a case-by-case basis. 4. There should be sufficient public policy reasons that justify the sale and/or closure of a public street,and it should be sufficiently demonstrated by the petitioner that the sale and/or closure of the street would accomplish the stated public policy reasons. 5. The City Council should determine whether the stated public policy reasons outweigh alternatives to the sale or closure of the street. B. The Capitol Hill Master Plan(2001)identifies the subject property for"Business Park" zoning in the future land use map,but recognizes in the narrative that the area west of 300 West,north of 900 north,is currently,and will likely stay industrial. The following are stated policies for this area: a. Continue regulations which require improved visual appearances of industrial properties. b. Encourage improvements to the visual appearance of new and existing industrial sites and areas,including the continuance of requiring landscaping of industrially- zoned properties. c. Prohibit new industrial development or the expansion of existing industrial uses from diminishing the amount of wetlands in the immediate vicinity,especially along Beck Street. d. Ensure adequate enforcement of regulations on industrial properties relating to screening,buffers and maintenance. 3 C. The Salt Lake City Transportation Master Plan identifies 1500 North as a local street,and does not anticipate it developing into anything more than a local street in the future. D. The purpose of the Light Manufacturing District(M-1)is to provide an environment for light industrial uses that produce no appreciable impact on adjacent properties and desire a clean attractive industrial setting. E. The Council's adopted growth policy states: It is the policy of the Salt Lake City Council that growth in Salt Lake City will be deemed the most desirable if it meets the following criteria: 1. is aesthetically pleasing; 2. contributes to a livable community environment; 3. yields no negative net fiscal impact unless an overriding public purpose is served; and 4. Forestalls negative impacts associated with inactivity. BUDGET RELATED FACTS: A. The Administration's transmittal notes that the applicant has stated an intent to purchase the property at fair market value in order to secure the property. It was noted at the Planning Commission's hearing that fair market value is estimated at approximately $35,000. 1. The recommendation from the Development Review Team is that when and if the applicant.constructs an office and truck service bay on the purchased property,the applicant also install street improvements such as landscaping,along Beck Street and Hot Springs. CHRONOLOGY: Please refer to the Administration's transmittal for a complete chronology of events relating to the proposed text amendment. • June 28,2005 Petition assigned to Planning • October 12,2005 Planning Commission Hearing • October 28,2005 Transmittal Completed by project planner. • November 28,2005 Transmittal received from Administration cc: Rocky Fluhart,Sam Guevara,DJ Baxter,Rick Graham,LeRoy Hooton,Tim Harpst,Max Peterson,Louis Zunguze,Alexander Ikefuna,Brent Wilde,Doug Wheelwright,Cheri Coffey,Ray McCandless,Barry Esham,Marge Harvey,Lehua Weaver,Sylvia Jones,Jan Aramaki,Janice Jardine File Location:Community and Economic Development Dept.,Planning Division,Street Closures,Chris Drakos/Montana Brand Trucking,1500 North(between Beck Street and Hot Springs Street) 4 A. LOUIS ZUNGUZE �..�\ 1�.,.(\aJ a(ratexpall ' IDA ROSS C. "ROCKY" ANDERSON DIRECTOR DEPT. OF COMMUNITY DEVELOPMENT MAYOR BRENT B.WILDE OFFICE OF THE DIRECTOR DEPUTY DIRECTOR CITY COUNCIL TRANSMITTAL \I TO: Rocky Fluhart, Chief Administrative Officer DA o ember 16,2005 FROM: Louis Zunguze, Community Development Director RE: Petition No. 400-05-23 by GreggorySavage,represe - Chris Drakos/Montana Brand Trucking,requesting that Salt Lake City close and declare as surplus property 1500 North Street between Beck Street and Hot Springs Street(745 West), in a Light Manufacturing(M-1)zoning district. STAFF CONTACT: Ray McCandless, Principal Planner 535-7282 DOCUMENT TYPE: Ordinance BUDGET IMPACT: None DISCUSSION: Issue Origin: Mr. Greggory Savage,representing Mr. Chris Drakos/Montana Brand Trucking, is requesting that Salt Lake City close and declare as surplus property 1500 North Street between Beck Street and Hot Springs Street(745 West). The applicant is proposing to construct a new office with truck service bays in the future. The proposed street closure is being requested to accommodate the proposed development. Analysis: The area of the street closure is to be incorporated into the abutting property to the north which is owned by Mr. Chris L. Drakos,owner of Montana Brands Trucking Company. The owners of the abutting property to the south,the applicant's grandparents, Chris and Ruth Drakos,have signed a Joinder in Petition for Street Closure and have consented to allow all of the street to be sold to the applicant,Chris L. Drakos.A copy of the Joinder in Petition for Street Closure is included in the attached Planning Commission Staff Report. The street property requested for closure consists of approximately 13,200 square feet and measures 66 feet wide by 200 feet in length.The site is located in the M-1 "Light Industrial"Zoning District. Public Process: The Capitol Hill Community Council supports the closure,of the street as indicated in the attached e-mail message dated July 27,2005.The proposed street closure was reviewed by the Planning Commission at a public hearing held on October 12, 2005. After the public hearing,the Commission voted in favor of forwarding to the City Council a positive recommendation to close 1500 North Street between Beck Street 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY,UTAH 6411 1 TELEPHONE: BD1.535.7105 FAX: B01.535.6005 WWW.SLCGUV.COM and Hot Springs Street. The Planning Commission also declared the subject property surplus for the purpose of selling the land to the petitioner at fair-market value. The City Council adopted the following policy considerations to guide the decision making process for requests to close and abandon City-owned street rights-of-way: I. It is the policy of the City Council to close public streets and sell the underlying property. The Council does not close streets when the action would deny all access to other property. 2. The general policy when closing a street is to obtain fair market value for the land, whether the abutting property is residential, commercial or industrial. 3. There should be sufficient public policy reasons that justify the sale and/or closure of a public street, and it should be sufficiently demonstrated by the applicant that the sale and/or closure of the street will accomplish the stated public policy reasons. 4. The City Council should determine whether the stated public policy reasons outweigh alternatives to the closure of the street. The Planning Commission determined that the proposed street closure request is consistent with these policy considerations. A detailed discussion and findings for each of these policies is contained in pages 4-6 of the Planning Commission Staff Report(see Exhibit 5). RELEVANT ORDINANCES: Salt Lake City Code: Salt Lake City Code Chapter 2.58 regulating the disposition of surplus City-owned real property. Utah State Code: Utah Code Section 10-8-8 regulating a request for action to vacate, narrow, or change the name of a street or alley. • Petition 400-05-01—Request to Close a Portion of Page 2 of 2 TABLE OF CONTENTS TABLE OF CONTENTS 1. Chronology 2. Ordinance 3. Notice of City Council Public Hearing A. Notice of City Council Hearing Newspaper Publication Draft B. Newspaper Publication Transmittal C. Mailing List and Labels 4. Planning Commission Agenda for October 12, 2005. 5. Staff Report for the October 12, 2005 Planning Commission Meeting. 6. Planning Commission Minutes for October 12, 2005. 7. Notice for the October 12,2005 Planning Commission Public Hearing. 1. CHRONOLOGY PROJECT CHRONOLOGY • June 28,2005 Petition Received. • June 28,2005 Petition assigned. • July 21,2005 Request for City Departmental comments mailed. • September 27,2005 Notices for the October 12,2005 Planning Commission hearing mailed. • October 12,2005 Planning Commission Hearing. • October 25,2005 Ordinance requested from the City Attorney. • October 28,2005 City Council Transmittal Completed by the project Planner. 2. ORDINANCE SALT LAKE CITY ORDINANCE No. of 2006 (Closing and abandoning of a portion of 1500 North between Beck Street and Hot Springs Street) AN ORDINANCE CLOSING AND ABANDONING A PORTION OF 1500 NORTH BETWEEN BECK STREET AND HOT SPRINGS STREET, PURSUANT TO PETITION NO. 400-05-23. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City's interest in the portion of the streets described below is not necessary for use by the public as a street and that closure and abandonment of this portion of the street will not be adverse to the general public's interest; and WHEREAS, the title to the closed and portion of the street shall remain with the City until sale for fair market value. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. A portion of 1500 North between Beck Street and Hot Springs Street, which is the subject of Petition of No. 400-05-23, and which is more particularly described on Exhibit A" attached hereto, be, and the same hereby is, closed and abandoned and declared no longer needed or available for use as a street. SECTION 2. Reservations and disclaimers. The above closure and abandonment is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City's water and sewer facilities. Said closure and abandonment is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This street closure and abandonment subject to the following conditions: a. Payment, by petitioner, to the City, of fair market value of that portion of the street, or its equivalent; and b. Title to the street shall remain with the City until sale for fair market value, or the receipt of the equivalent value, in accordance with Salt Lake City Code Chapter 2.58. SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is instructed not to publish or record this ordinance until the condition identified above has been met, as certified by the Salt Lake City property manager. Passed by the City Council of Salt Lake City, Utah this day of 2006. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER 2 Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CHIEF DEPUTY CITY RECORDER APPROVED AS TO FORM Salt lake City Attorne s Office / Date ZOOb (SEAL) By Bill No. of 2006. Published: I:\Ordinance 06\Closing a Portion of Street at 1500 North between Beck Street and Hot Springs Street-01-20-06 clean.doc 3 3. B. NEWSPAPER PUBLICATION TRANSMITTAL MEMORANDUM To: Lynn Valdez Newspaper Corporation From: Salt Lake City Council's Office Re: SPECIAL NOTICES -010—CLASSIFIED ADS Date: Please run the following ad,one time only,on , in both papers NOTICE OF PUBLIC HEARING On ,the Salt Lake City Council will hold a public hearing to consider petition number 400-05-23,a request by Greggory Savage,representing Mr.Chris Drakos/Montana Brand Trucking requesting that Salt Lake City close and declare as surplus property, 1500 North Street between Beck Street and Hot Springs Street(745 West), in a Light Manufacturing(M-I)zoning district. The public meeting of the City Council begins at p.m.in Room ,City and County Building,451 South State Street,Salt Lake City,Utah.For more information or special arrangements,call Mr. Ray McCandless at 535-7282. 3. NOTICES OF CITY COUNCIL PUBLIC HEARING 3. A. NOTICE OF CITY COUNCIL HEARING NEWSPAPER PUBLICATION DRAFT Posted By NOTICE OF PUBLIC HEARING On ,the Salt Lake City Council will hold a public hearing to consider Petition No.400-05-23 by Greggory Savage,representing Mr.Chris Drakos/Montana Brand Trucking requesting that Salt Lake City close and declare as surplus property, 1500 North Street between Beck Street and Hot Springs Street(745 West), in a Light Manufacturing(M-1)zoning district. The City Council is holding an advertised public hearing to receive comments regarding the petition request.During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak.The hearing will be held: DATE: TIME: PLACE: ROOM 315 City and County Building 451 South State Street Salt Lake City If you have any questions relating to this proposal, please attend the meeting or call Mr. Ray McCandless at 535-7282,Monday through Friday. 3. C. MAILING LIST AND LABELS MISSOURI PACIFIC RAI D&RGW RAILROAD D ALLEN,DAVID B 1400 DOUGLAS ST STOP 1700 FARNAM ST 10FL S((P C s-c Suite `�3 J 3065Suite S 9200 W Suite - OMAHA,NE 68179- OMAHA,NE 68102-2010 MAGNA,UT 84044-1032 • STAKER& PARSON COMP STAKER& PARSON COMP MOYLE INVESTMENTS LC PO BOX 3429 PO BOX 3429 3214 N UNIVERSITY AVE 6C Suite Suite Suite ' OGDEN,UT 84409-1429 . OGDEN,UT 84409- PROVO,UT 84604- WHITAKER,WILFORD W PEN HOLDING COMPANY BYTHEWAY,TAMARA M&SOLT,JOHN 1537 S 1000E 758 W 1500 N 1152 W 400 N Suite Suite Suite SALT LAKE CITY, UT 84105-2354 SALT LAKE CITY, UT 84116-1361 SALT LAKE CITY,UT 84116-2608 EDWARDS, PAULA E D MELONAS, DELORES DRAKOS,CHRIS& RUTH 1475 N 800 W 1461 N BECK ST i 1507 N BECK ST Suite Suite Suite SALT LAKE CITY,UT 84116-1341 SALT LAKE CITY,UT 84116-1210 SALT LAKE CITY,UT 84116-1293 i MONTANA BRAND PRODUC MONTANA BRAND PRODUC COMPANY IisIC A&L INVESTMENTS LLC 1507 N BECK ST 1507 N BECK ST II 1630 N BECK ST Suite Suite Suite SALT LAKE CITY, UT 84116-1293 SALT LAKE CITY, UT 84116-1293 SALT LAKE CITY,UT 84116-1299 TENNIS & SUN LC NIELSEN,RICK L&BRENDA G;JT UMW RECYCLING INC 805 W EVERETT AVE 981 W FREMONT AVE PO BOX 1073 Suite Suite Suite SALT LAKE CITY, UT 84116-1318 SALT LAKE CITY, UT 84104-2006 SALT LAKE CITY,UT 84110-1073 JOHNSON, L ERNEST ALLEN,DAVID B SALAS,WILLIAM PO BOX 2164 PO BOX 510818 143 S PUEBLO ST Suite Suite Suite SALT LAKE CITY, UT 84110-2164 SALT LAKE CITY, UT 84151-0818 SALT LAKE CITY,UT 84104-1823 SALT LAKE CITY CORPO LEWON,DONALD A SOMMERS,TED 451 S STATE ST 2748 E WILSHIRE DR 3341 S 700 W Suite 225 Suite Suite SALT LAKE CITY, UT 84111-3102 SALT LAKE CITY, UT 84109-1633 WEST VALLEY,UT 8411974115 DRAKOS, CHRIS SALT LAKE Cost( PLA,-rN,A/r;- Salt Lake City Planning 1436 W 2200 S 14-t-mi '(�s,tY. 1.1NEE1N/2r4rfr Attn. Mr.Ray McCandless Suite Qs--( _ S;)t . 451 South State Street, Rm.406 WOODS CROSS, UT 84087- Salt Lake City,Utah 84111 S.L.c. (.11-144,L( 8,-(rrt 4o.(r.m, (-C(( C6.4.H.cmr,T`I C. %«I 0-41-U 126b tA6-4 ,r.cy 223 47L-3 T c f j iu^a,—(., 2,19 5.6ka.;., Strew{ 5tc tLav t,c GL1IA.K 4Y (03 .(_. C. L+c-t^. aifr(( 0 ss g 0-f e G 3 cv-� MISSOURI PACIFIC RAI D& RGW RAILROAD y0J\ ALLEN, DAVID B 14.00 DOUGLAS ST STOP - 1700 FARNAM ST 10FL Sl q C 3065 S 9200 W Suite Suite s' Suite OMAHA,NE 68179- OMAHA, NE 68102-2010 MAGNA,UT 84044-1032 STAKER&PARSON COMP STAKER& PARSON COMP MOYLE INVESTMENTS LC , PO BOX 3429 PO BOX 3429 3214 N UNIVERSITY AVE 6C ' Suite Suite Suile OGDEN,UT 84409-1429 OGDEN, UT 84409- PROVO,UT 84604- WHITAKER,WILFORD W PEN HOLDING COMPANY BYTHEWAY,TAMARA M& SOLT,JOHN 1537 S 1000E 758 W 1500 N 1152 W 400 N Suite Suite • Suite SALT LAKE CITY, UT 84105-2354 SALT LAKE CITY, UT 84116-1361 SALT LAKE CITY,UT 84116-2608 - i EDWARDS, PAULA E D MELONAS, DELORES DRAKOS, CHRIS&RUTH 1475 N 800 W 1461 N BECK ST 1507 N BECK ST Suite Suite Suite SALT LAKE CITY, UT 84116-1341 SALT LAKE CITY,UT 84116-1210 SALT LAKE CITY,UT 84116-1293 MONTANA BRAND PRODUC MONTANA BRAND PRODUC COMPANY ItNC A&L INVESTMENTS LLC 1507 N BECK ST 1507 N BECK ST i 1630 N BECK ST Suite Suite Suite SALT LAKE CITY, UT 84116-1293 SALT LAKE CITY, UT 84116-1293 ' SALT LAKE CITY,UT 84116-1299 TENNIS& SUN LC NIELSEN,RICK L&BRENDA G;JT UMW RECYCLING INC 805 W EVERETT AVE 981 W FREMONT AVE PO BOX 1073 Suite Suite Suite SALT LAKE CITY, UT 84116-1318 SALT LAKE CITY,UT 84104-2006 SALT LAKE CITY,UT 84110-1073 JOHNSON, L ERNEST ALLEN,DAVID B SALAS,WILLIAM PO BOX 2164 PO BOX 510818 143 S PUEBLO ST Suite Suite Suite SALT LAKE CITY,UT 84110-2164 SALT LAKE CITY,UT 84151-0818 SALT LAKE CITY,UT 84104-1823 SALT LAKE CITY CORPO LEWON, DONALD A SOMMERS,TED 451 S STATE ST 2748 E WILSHIRE DR 3341 S 700 W Suite 225 Suite Suite SALT LAKE CITY, UT 84111-3102 SALT LAKE CITY,UT 84109-1633 WEST VALLEY,UT 84119-4115 DRAKOS, CHRIS S'aLT LAKE' 6:it{ PL.Aem„e4_ Salt Lake City Planning 1436 W 2200 S Amt. l7st.K tsN -..rQ"r,4r !, Attn.Mr. Ray McCandless Suite ys( s. S r'.'rE . 451 South State Street, Rm.406 WOODS CROSS,UT 84087- • Salt Lake City,Utah 84111 S.L.c_ Ckn.4,L( Syrri r P<r«r Uo.., vcJs 1.1 cum t j2oIne.''t-3 c OLD . c-6•Pr u, N•rl C.4..wU4r,T-I C,c;4ei I a4rtv 12a b 0-l6INv.c.1 223 1ym.-3 cfcs-z, arcv-f- . 299 S,cua; Si-ece.+ .Sfc tL(3v LC- (-- I14-i-/ 4 Y (O 3 la.L. c. Lk-FE-L.. al t l t 0 u-L-Ls-s getP cA-1! e C6 3 cv-- 4. PLANNING COMMISSION AGENDA FOR OCTOBER 12, 2005 NOTE: The field trip is scheduled to leave at 4:00 p.m. • AGENDA FOR THE SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building at 451 South State Street Wednesday, October 12, 2005, at 5:45 p.m. The Planning Commission will be having dinner at 5:00 p.m., in Room 126. During the dinner, Staff may share general planning information with the Planning Commission. This portion of the meeting will be open to the public. 1. APPROVAL OF MINUTES from Wednesday, September 28, 2005 2. REPORT OF THE CHAIR AND VICE CHAIR 3. REPORT OF THE DIRECTOR 4. PUBLIC NOTICE AGENDA 5. PUBLIC HEARINGS 10 Petition No. 400-05-23 - by Greggory Savage, representing Mr. Chris Drakos/Montana Brand Trucking requesting that Salt Lake City close and declare as surplus property, 1500 North Street between Beck Street and Hot Springs Street (745 West), in a Light Manufacturing (M-1) zoning district. (Staff- Ray McCandless at 535-7282 or ray.mccandless@slcgov.corn). b) Petition No. 400-05-20 - by Salt Lake City Council, requesting that properties located at approximately 405 West 2300 North on the high Lake Bonneville Bench Area east of Beck Street be rezoned from an Open Space (OS) zoning district to a Natural Open Space (NOS) zoning district. (Staff- Ray McCandless at 535-7282 or ra y.mccandless@slcgo v.corn). c) Petition No. 400-04-25 - by Boyer Company/Gateway Association requesting a modification to the sign ordinance portion of the zoning ordinance regarding open air malls. (Staff- Doug Dansie at 535-6182 or doug.dansie@slcgov.com). 6. UNFINISHED BUSINESS 5. STAFF REPORT FOR THE OCTOBER 12, 2005 PLANNING COMMISSION MEETING DATE: October 12, 2005 TO: Salt Lake City Planning Commission FROM: Ray McCandless, Principal Planner RE: A REQUEST THAT SALT LAKE CITY CLOSE 1500 NORTH STREET BETWEEN BECK STREET AND HOT SPRINGS STREET AND DECLARE THE CLOSED STREET PORTION SURPLUS PROPERTY PETITION NO.: 400-05-23 APPLICANT: Greggory Savage,representing the property Owner, Chris Drakos STATUS OF APPLICANT: Abutting property owner PROJECT LOCATION: The proposed street closure includes the public right of--way located on 1500 North Street between Beck Street and Hot Springs Street(745 West) sE a5 .l fir tc � i`� .� , 1-v, ,tom F•4 4,�s t ,-• 'S ''r:`., µ •.. l i� 1�ii 1 jc.k i f_ v,,,, \'_ l�•„'I5�.3�.� 4 \ v i' --' ar a _,: , J tj•I. �. r ,- gyp _ 4- ,yam t ! - U rr sr r k•s - ii ±, ._d rf. %eta° s.1.1 �, ,: �l YY4 i j' 74 w, �z =y �� �• _ ��; _�, � Proposed , k-,F" y t-k- r s-' 'st - 'D4 - S,Y• i . -3f� ., . �. Street Closure ,' ,: ,} r 1' M 2i , ti. • \`� ' '; r. c`D 4 1- V ' ' c€.pi;,';i r �' • ` t I� t n� i::� al `•• LLJJ , _tS 'rf,r`M t °� .r•! I k'. 1'V''`�' r7 a"`?� I S\`;� \Q, ; , f c. Ir m1 :f 7 t 1�� `l ? ` r;I.`k.1 ` �\.* "Y �r 11 t t i It,?�, �Y,• a f , \ \ 14 r• •ArI tF } t , E _r lig Planning Commission Staff Report Petition 400-05-23 October 12,2005 —I— COUNCIL DISTRICT: District 3,Eric Jergensen COMMUNITY COUNCIL: Capitol Hill Community Council SURROUNDING ZONING DISTRICTS: North- M-1 (Light Manufacturing) South - M-1 East- M-1 West- M-2(Heavy Manufacturing) SURROUNDING LAND USES: North - Industrial South - Industrial West- Industrial East- Industrial REQUESTED ACTION/PROJECT DESCRIPTION: The applicant is requesting that Salt Lake City close 1500 North Street between Beck Street and Hot Springs Street(745 West). The applicant is also requesting that the City declare the closed street portion surplus property and allow the applicant to purchase it at fair market value; to be incorporated together with his abutting property. The street property requested for closure consists of 13,200 square feet and measures 66 feet wide by 200 feet in length.The site is located in the M-1 "Light Industrial" zoning district. APPLICABLE LAND USE REGULATIONS: Salt Lake City Code: Chapter 2.58 regulates the disposition of surplus City-owned real property. Utah Code: Section 10-8-8 regulates a request for action to vacate,narrow, or change name of street or alley. MASTER PLAN SPECIFICATIONS: Capitol Hill Master Plan: The subject property is located within the Capitol Hill Master Plan area. Although the current zoning on the property is Light Manufacturing"M-1", the Future Land Use Map of this Plan identifies the subject property as having a "Business Park" land use designation. The plan states: Planning Commission Staff Report Petition 400-05-23 October 12,2005 —2— The area north of 900 North, west of 300 West/Beck Street, consists of mostly heavy industrial uses. A large portion of this area is occupied by the Amoco Oil Refinery, Union Pacific rail yard&maintenance shops. Extractive industries are located in the foothills east of Beck Street. The future land use for most of this area remains as industrial. The proposed street closure is located in this area of heavy industrial uses.The street has never been improved. It exists only on paper and has been used as a maneuvering area for the applicant's trucking company for many years. It is not required to provide required access to any other properties. The subject property is not necessary to the City as a public right-of-way. This position is supported by the Major Street Plan and departmental comments. Approval of the street closure will be conditioned upon meeting all applicable City departmental requirements. Salt Lake City Transportation Master Plan: The Transportation Master Plan's Major Street Plan identifies 1500 North Street as a local street and the Plan does not anticipate the need to utilize the street in the future. Everett Street,which is south of 1500 North Street, serves as the main access from Beck Street to this area. COMMENTS: The following City agencies were contacted regarding the proposed streets and alley closures: Engineering, Fire, Police,Property Management, Public Utilities, Transportation, and the Capitol Hill Community Council. Comments from the Utah Department of Transportation(U.D.O.T.)were also requested as Beck Street is a State Road.The following is a summary of the comments/concerns received: A. Engineering: The Salt Lake City Engineering Division has no concerns with the request subject to selling the street to abutting property owners at fair market value. B. Fire: The Fire Department has no objection to the proposed street closure. C. Police: No comments have been received as of September 14, 2005. D. Property Management: No comments have been received as of September 14, 2005. E. Public Utilities: The Salt Lake City Public Utilities Department does not own or operate any sanitary sewer or water mains within the existing right-of-way. There is a storm drain catch basin located in Hot Springs Street near the proposed street closure.However, as long as the catch basin,associated piping and ditches are located within the Hot Springs Street right-of-way, the Public Utilities Department has no issues with the proposed street closure. If the catch basin, ditches and piping are located in the proposed street closure, then an easement Planning Commission Staff Report Petition 400-05-23 October 12,2005 —3— must be retained for these facilities. A surveyor stamped exhibit of the catch basin, ditches and piping must be provided to the Public Utilities Department for review and approval. F. Transportation: The Transportation Division has no objection to the proposed street closure, subject to meeting city design standards and that all utility easements remain as required and approved by the entity concerned. G. Permits and Zoning: The preliminary development plans for this property were reviewed by the Development Review Team on April 4, 2005 and on June 28, 2005. The comments relating to the street closure include combining all lots to eliminate the need for cross access and drainage easements. Approval from the Utah Department of Transportation will be required for any work planned along Beck Street. H. Utah Department of Transportation:No comments have been received as of September 26, 2005. Community Council: The Capitol Hill Community Council supports closure of the street as indicated in their attached e-mail message dated July 27, 2005. ANALYSIS AND FINDINGS: The area of the closure is to be incorporated into the abutting property to the north which is owned by Mr. Chris L. Drakos, owner of Montana Brands Trucking Company. The owners of the abutting property owners to the south, the applicants grandparents, Chris and Ruth Drakos,have signed a Joinder in Petition for Street Closure have consented to allow all of the street to be sold to the applicant, Chris L. Drakos. A copy of the Joinder in Petition for Street Closure is included in this report. Salt Lake City Council Policy Guidelines for Street Closures and Findings: 1. It is the policy of the City Council to close public streets and sell the underlying property. The Council does not close streets when the action would deny all access to other property. Discussion: Closing the subject street will not deny access to any adjacent property. Access to adjacent properties will still be available from both Hot Springs Street and Beck Street. Finding: The proposed street closure will not deny access to adjacent properties. Planning Commission Staff Report Petition 400-05-23 October 12,2005 —4— 2. The general policy when closing a street is to obtain fair market value for the land,whether the abutting property is residential, commercial or industrial. Discussion: The applicants are aware that the property will be sold at fair market value.This was mentioned to the applicant at the June 28,2005 Development Review Team meeting. The applicants have contacted the Salt Lake City Property Management which is currently determining the fair market value of the street. Finding: The property will be sold at fair market value. 3. There should be sufficient public policy reasons that justify the sale and/or closure of a public street,and it should be sufficiently demonstrated by the applicant that the sale and/of closure of the street will accomplish the stated public policy reasons. Discussion: One of the goals of the Beck Street Reclamation Framework and Foothill Area Plan is to improve the aesthetic treatment of Beck Street as it is a main entrance to the City from the North. According to the Plan, one of the short- term goals is to "focus on clean-up, screening and beautification of the roadway (Beck Street)." The applicants will be constructing a new office with truck service bays in the near future on their adjoining property. Closing the street will allow more maneuvering room for the new building and improve on site vehicular circulation. In addition, development of the site will require that site improvements be installed, including landscaping along both Beck Street and Hot Springs Street. These improvements will contribute towards upgrading the streetscape along both streets. Finding: In addition to improving on-site traffic circulation, future development of the site will improve the appearance of the streetscape along Beck Street and Hot Springs Street which supports public policy established by the Beck Street Reclamation Framework and Foothill Area Plan. 4. The City Council should determine whether the stated public policy reasons outweigh alternatives to the closure of the street. Discussion: The public policy reasons supporting closure of the street are discussed in section 3 above. In addition to improving the appearance of Beck Street,there are other reasons the street should be closed. The street has never been improved since the Empire Addition Subdivision plat was recorded in the early 1900's and there are no plans to improve it at this time. As shown on the vicinity map,Everett Street,which is only 1/2 block to the South, serves as the main through-street between Hot Springs Street and Beck Street. There is no need for a second through-street at this location. In addition,because Beck Street is an arterial street, the number of intersections on Beck Street should be limited. Planning Commission Staff Report Petition 400-05-23 October 12,2005 —5— The alternative to closing the street is to keep it in public ownership and improving it. However, given the discussion above,the reasons supporting closure of the street outweigh the need to retain it in public ownership. Finding: Given that the street has not been needed in the past nor is it anticipated that the street will be needed in the future and that the number of intersections on Beck Street should be limited,the policy reasons outweigh alternatives to the closure of the street. Summary of Planning Staff Findings: A. The street closure and the proposed development are consistent with the applicable City Master Plans. B. All owners of property that abut the proposed street closure have been notified about the street closure petition. C. The street closure will not have a negative effect on traffic circulation in the immediate area as proposed. D. As proposed, the street closure will not have a negative effect on the City's ability to deliver emergency services. E. The street closure will help to improve the area and on-site traffic circulation will be provided for the future building. Landscaping will be provided which will improve the appearance of Beck Street and Hot Springs Street. RECOMMENDATION: Based on the analysis and findings presented in this Report, Staff recommends that the Planning Commission forward a favorable recommendation to the City Council to approve Petition 400-05-23 to close and declare 1500 North Street between Beck Street and Hot Springs Street surplus property as delineated herein and sell the property at fair market value to the abutting property owner(s). Planning Commission approval is subject to the following conditions: 1. That all applicable City Codes and Salt Lake City departmental requirements be met including providing the necessary easements for any existing or future utility infrastructure. 2. That the street closure ordinance be conditioned upon payment to the City of fair market value of the street property, consistent with Salt Lake City Code 2.58. Attachments: 1. Application forms • 2. Site Plan 3. Community Council Letter 4. Comments received from City Departments/Divisions Planning Commission Staff Report Petition 400-05-23 October 12,2005 —6— ATTACHMENT 1 APPLICATION FORMS Planning Commission Staff Report Petition 400-05-23 October 12,2005 09/19/2005 16:23 FAX 801 521 9639 HOI.MF, ROBERTS & OWEN Iil002 t /I t M J.. ,`EIS: tVai 1J 1,1(ir_L, 0k.•sC.'11:, r• 1 Street Closure : .r,1-.. �i 1 `:"to 1 t 1 i, rJ�? f1 Yl,p''h { 1 •111 1/l" .1Vti !I4 1'. fir.�Y.c'�� f tit h,11�l:.l'�� L fl lu 2 Pt-i 1 �" IJi 1'1•'!1: L '+i1`4�i rt 1�4u� � itao ..�- y'lqJ.IEL\t'yy-J Otis 11=1 Il��/�'iu • ]]1 .i Date Or YY_ t I �f 'Phone of 51l -s 6 vl� .,I Name of Applicant Chris V• r•�I I (� 1 Address of Applicant' 1Y2-19 S . �1, W wT 1 s}Ir ST Vi00_, 5LC-' (lull ttl l� * OAV1S�� `; Email Address of Applicant r4 A mollify)" e i Yo . um 1 Ce it �8 ill) 514 9639 1 , Please include with the application: is whythe • ''a 1. A letter explaining why you arc requesting this street closure. Please include a statement explaining adjacent to the _! street closure is consistent with proposed public policy. If applicant is not a property owner ad j ' �`'' I street,please include the applicant's interest in the request. ;,,.::,..1 (450)feet—exclusive of streets and . ..) 2. The names arul addresses of all property owners within four-hundred ftfly i:'r ' `' 1 alleys in any direction—from the border of the subject street. The name,address and Sidwell number of each .1: .. •1•.. property owner must be typed or clearly printed on gummed mailing labels. Please include yourself and the 1 appropriate Coi irnunity Council Chair. Additional names and addressed may be required. The cost of first I: , ......I..: class postage for each address is due at time of application. Please do not provide postage stamps. .I?! ':`. ;Iproperty owners who support the petition. You may use the . :_; 3. The name,address and signatures of all abutting P p�Y sample petition accompanying this application or provide your own. Please note that the property owners must sign and not occupants who rent. 1 • V.!:., *:. 4- Aproperty ownership map(known as a Sidwell map)showing the area of the proposed street closure. On the .;....i map please: a. Highlight the subject section of street, :... •,;'';I i b. Indicate with a list of the property owners and write their name on the Sidwell map identifying the property they own. ;{ =_;_=i 5. Filing fee of S300.00 due at time of application. 1'; ':'2 . If you have any questions regarding the requirements of this petition,please contact a member of the Salt j` -::1.,: Lake City Planning staff(535-'1157)prior to submitting the petition. t,'1 :-a Sidwell maps and names of property owners are File the complete application at: •.;.i available at: 1 Salt Lake County Recorder Salt Lake.City Planning is•`,:';.1 2001 South State Street,Room N1600 451 South State Street,Room 406 _ Salt Lake City,UT84190-1051 Salt Jake City,UT 84111 - I Telephone:(801)468-3391 Telephone:(801)535-7757 1.'. ;:...1 Signature of property Owner i %° or Authorized agent a agen 7n'.i gi1:TT cnn7 FT d2Q tr)TO-CCC-TflQ:XB.I nIThlf17 '9 [lMTAIAIH7.1 11Q 09/19/2005 16:23 FAX 801 521 9639 HOLME ROBERTS & OI'EN 0 003 Petition to Close a Street Petitioner: alYIS V' pYiNIP/Yi Address: P,� � --- Date: - As an owner of property fronting the street, I support the proposed closure. I understand that I will be required to pay fair market value for my portion of the street, or allow another abutting property owner to purchase my portion. Print Name and Address Signature Data Print Name and Address Signature Dam Print Name and Address Signature Date Print Name and Address Signature Date Print Name and Address Signature Date Print Name and Address Signature • bate Print Name and Address Signature Date Print Name and Address Signature Date Print Name and Address Signature _ Date Print Name and Address - Signature Date Print Mime and Address Signature Date Print Name and Address Signature Date Print Name and Address Signature Date M'.I fir_TT. C(1(17 AT dac tr)TQ—CCC—Tf1R:X21 MITkl7 3t RNTM'J-IU 1-1 • Holme Roberts & Owen LLP ., JUN 4 ?�05 111111 Attorneys at Law PLANNING DIVISION 70;a4,:„, ' 'O0-05,2 3 June 24, 2005 Hand Delivered Douglas Wheelwright Salt Lake City Planning Department 451 South State Street, Room 406 Salt Lake City,Utah 84111 Re: Petition for Street Closure Dear Mr. Wheelwright: On behalf of Chris L. Drakos we write to petition for the closure of an undeveloped and abandoned portion of 1500 North Street that runs between Hot Springs Street and Beck Street(the"Abandoned Street"). Mr. Drakos_is the record title.holder..af..tht.property...1.QQ,ated_at_15.1.5 North Beck Street,and more particularly described as Lots 1 and 26,Block 9,Empire Addition. This property fronts the nth.side of Abandoned treet. The property which fronts the Abandoned Street,on__the1Quth.side(Lots 9 and 10,Block 8, Empire Addition)is owned by Mr. Drakos',, ran arents,Chris Drakos and Ruth Drakos. A Joinder in Petition for Street Closure signed by Mr. and Mrs. Drakos is attached to this Petition under Tab No. 1. The Abandoned Street was apparently created in the early 1900's when the Empire Addition subdivision was subdivided and platted. The Abandoned Street, however, was never paved or otherwise improved and to the best of our information was never used as a public street. For at least the last 35 years the area of the Abandoned Street has been used by the Drakos family in the operation of its trucking business, Montana Brand. Attached to this Petition under Tab No. 2 are photographs of the Abandoned Street. As shown in the photographs, the Abandoned Street provides no public thoroughfare nor is there any possibility that it will ever do so. Moreover, underground fuel storage tanks have been placed beneath the Abandoned Street. GreggoryJ.Savage 299 South Main Street,Suite 1800 Salt Lake City,Utah 84111-2263 tel 801.521.5800;fax 801.521.9639 greggory.savage@hro.com AIB9303 vl Holm Roberts 80 Owen LLP Attorneys at Law Douglas Wheelwright June 24, 2005 - Page 2 Practically speaking there is no possible public benefit or public use of the Abandoned Street. In light of the circumstances there is no value to the Abandoned Street other than to the Drakos family. Rather, in light of the existence of the underground storage tanks, there is likely only liability to the City. As such, we request that the City pass an ordinance officially closing the Abandoned Street and thereafter deed the Abandoned Street to Chris L. Drakos. Also attached to this Petition are the following materials: Tab No. 3 The certified legal description of the area referred to in this Petition as the Abandoned Street. Tab No. 4 Address labels of all property owners within 450 feet of the Abandoned Street provided by the Salt Lake County Recorder's Office. Tab No. 5 A Sidwell map with the Abandoned Street highlighted and property owners identified. Enclosed is a check in the amount of$314.43 to cover the filing fee and the costs of first class postage for each address identified under Tab No. 4. If you or other members of the Planning staff have any questions,please contact me. Sincer y, A re o y .:e c: Chris L. •rakos Enclosures: Tab Nos. 1-5 Check #189303 vi 06/22/2005 10:46 FAX 8015325588 MONTANA BRAND 0 002/002 FROM :LAMBERT PRODUCE FAX ND. :3 Jun, 22 2005 07:5GRM P1 06/22/2005 06!43 FAX 9015325588 MONTANA BRAND Gb )1/001 JOINDER IN PETITION FOR STREET CLOSURE The underslsned, Chris Drakos and Ruth Drakoa, hereby support,Jain in an : �¢ their oorLieuc to the Petition for Barter Clasure tiled by Chris L.Drakos by which Cl',ri Drakos aka closure of an undeveloped and abandoned portion of 1500 North Stre rt he "Abandoned Street"). The undersigned are this record title holders of property lbca • it appro,dm*tmly 1507 North Beak Street, Salt Lake City,Utah,and more particularly descried•as Lots 9 and 10,Block 8,Empire Addition, Our property fronts the KAU kt o of the Abandoned Street. We are willing to alloy!Chris L,AtAkos to obtain our porn. of the Abandoned Street. DATA tbie,2 Z day of rune,2005. efr Chris Drakoa -- — DATED this;✓day of rune, 2005. � itu4h Drakos 06/07/05 11: 18 FAX 8012554449 ENSIGN ENGINEERING 21002/002 BOUNDARY DESCRIPTION A parcel of land,being that portion of 1500 North Street between Hot Springs Street and Beck Street, to be vacated, situate in the Southeast Quarter of the Southeast Quarter of Section 23,Township 1 North,Range l West, Salt Lake Base and Meridian, more particularly described as follows: Beginning at a point on the east line of Hot Springs Road,which is located North 0°03'05"East 667.23 feet along the Section line and West 524.12 feet from the Southeast Corner of Section 23,Township 1 North,Range 1 West, Salt Lake Base and Meridian,and running: thence North 43°53'46"West 66.00 feet along said east line of Hot Springs Road to the north line of 1500 North Street; thence North 46°06'20"East 200.00 feet along said north line to the west line of Beck Street; thence South 43°53'44"East 66.00 feet along said west line to the south line of said 1500 North Street; thence South 46°06'20"West 200.00 feet along said south line to the point of beginning. Parcel contains: 13,200 square feet or 0.30 acres. Date Dusty L.Bishop License No. 4938720 ' Na.4038720 DUSTY L R, ' BISHOP • ; ATTACHMENT 2 SITE PLAN Planning Commission Staff Report Petition 400-05-23 October 12,2005 —a 11Ii00 1t0t10 z19 t/0 •g j" n '. d LCQ10 2'f i GCMG 1 N cA ", I. cctxto aoo IL0 . Ip tr., .•;,:: ,' N �1 so N .: 4///:\ 3.„ , 00•Lt6 ` --0 w 09'WI :1,,'tNkl s.,7x0.1,6 \ NI'101 / 00'GLI \ ' •....'-1.0°Ag('„'.h 00 OL' 0 1. - 1.I l,i,i 0 d'k�' 1 . 'PQ,ig4,-o • Yc,a..'A,I" 7 A ,,.,,..11rt_0} 0 g'.1!I',n,if ;..$E.V.g. \'\\\t'' `\4R fil'' goo:$` 94 °on to .o[°.� o 0 0 •�'' ' i $ 00.9a1 .! , D , Iflr -- .>I1...4. ,.taI6. ,.)1S1 941 $Ifr$ X• i <Izt / V , . V, . „1 R 0 I, ,/ 04. ..ill ip in Atit, 1 . iii 0, : ,'_„„..r. -. 'Aim - ... I iiiii " ?:� `� f 1�� 1S INba9 4 a e A 5 0 8 ^41 tv a sot OL'(t1 ,• �� 1 1 v 1 2 \ 7.; a t8 I I 4 Ewa I �, ki � E-� o ti o, 4.N w t r• v 2'.411 ti R r, 4 to i' R ^( S I: m 4 CV H _ >`(t 6 ovi V o 0 a YtP /.. IIIIIIF. .�lEgf a ':.' eoc R « 0f1 s S • 0 v o C mmo k.tl V. ^ J E h k a $ °� o �s�E R n S RI lJ m b ii� n W - < o N s o 1 4C ; I e .,u iini ,Q C rvoIIIM [ sit 3 ^, czt� 1 [ Witt 1" os[ N 3 G o i I W y 7. •fel101 EMUThElhillin- a Cl i ,__ N 1 oC al a a e 6 gin "' C ^ 8 ^ < s r� $ R + o a An g a v Q R n • v w N g CCGk��SSSrrrFFF o 4e0. E .� ito 111= Ina8 vg w R to A so s1 R ,0 sz1 Z ^ czl 0 R 'i ^ /0 Gal I ^ o(•(tl? On . i i77a1., ►}t.-ats rill tt�0' r40101 a - l \ 7 ..us 11 m ct1 L yM 'A 62t '4 6 A .1 az, „/,[N�\/19t1 a ry V. w A 0 tv V N y a A ry 3 ,1 Q A n 'i N 4 I N to 7 H A . A ` A A 01 o N a IM:ran ` H S A 4 6 .1L . ry A z+. 5 ,§ '-‘E .•+ 1, 3 3 � gLs) :7,- 0 p M M A I • I • • • • • ;I.• • . . . • • - • -• . ; - ; .{14 • Li , ; I ' 4 . • Lç , rite, ;•_, . 4141400t::: . . • . - . ; • • -• • •-•••• , . • • • : • • • 6.--.7- • L t i A1 , yy aE .,' t I ... $ ''6 1 J _ ^""mi l `•I �1, .n :.-I,,, ) ', l� 3'' 1 S 9A 1 ,`: yam. :7-t.+t-C - ._ i try ` + ,. T •.; St W. ti 1 ; -7 .rl �Ng i•H aak1 T� z' 's �i Os 1. .`` ra : L a 4, y y - i t. • • 0 t«i •: 1 prr, z. t y �k ti _ " i 11.t ' X ;i {{.. . tyr „ +4u „ � ra 'i' �w sti & 1 �. mob. '. - *;.',1-7 ; — f - ff r . y.• 1 —iv- . 4 �K. �; o "r.i. fir, s H• A Y , f •Y£ T+ '°ry' • k?,+-,. ,� ;; Tr•rna�s k++�. ter^ .- fr 4-6jM liS . _ t.; �C F fy 6k `4 Y i•. Lea Y) tl 1t� - 'F ,..• is • • - .r.3:- a i.�-- .o.::` -.,;_ � x -.w j t,s s SGS .bier �3F vc`x r', •F �y } e r • • s. ° 1 a g. . . M i. r . .� e , ` �!! ,. ,I t ! 3 s•r:� m i , —_� ,-- A— —'rs sF t �s * -j . a3fa aTyeF { , 2 [ 'iIl !l i: . t' $ pM ,ti , • --- ATTACHMENT 3 COMMUNITY COUNCIL LETTER Planning Commission Staff Report Petition 400-05-23 October 12,2005 McCandless, Ray From: pv4910@xmission.com Sent: Wednesday, July 27, 2005 12:42 PM To: McCandless, Ray Subject: Re: 1500 North Street Closure Ray, As promised, I'm getting back to you about the 1500 North closure petition. I took a look at the location and brought it up in the Council meeting. We voted unanimously to support the petition by Chris L. Drakos. Yours, Peter Quoting "McCandless, Ray" <ray.mccandless@slcgov.com>: > Peter: > The Salt Lake City Planning Division has received Petition 400-05-23, > by Mr. Chris L. Drakos, who is requesting to close a portion of 1500 > North between Beck Street and Hot Springs Street. The Drakos family > owns the abutting property on both sides of the street and is > requesting that the street be vacated in order to be able to use it as > part of their trucking business. The street only exists on paper and > it now looks like and functions as part of the trucking business. > As Community Council input is needed for street closures, would you > please let me know whether or not the Community Council wants to waive > review of this request or discuss it at a formal meeting. A response > by e-mail would be appreciated. > Thank You. 1 ATTACHMENT 4 COMMENTS RECEIVED FROM CITY DEPARTMENTS/DIVISIONS Planning Commission Staff Report Petition 400-05-23 October 12,2005 AUG-05-05 FRI 05:47 PM SLC CORP FAX NO, 801 483 6855 P. 01 LEROY W. HOUTON, JR, All gal en��� �jpp' D•nreroR Y �I�* DEPARTMENY OF PUBLIC UTILITIES RODS C.��ROCKYtt AN[)ERSON WArCR SUPPLY AND WATCRWOR,l7 MATgI, WATER RECLAMATION AND STOIfMWATCk • August 5, 2005 Ray McCandless Salt Lake City Planning 451 South State Street Salt Lake City, Utah 84111 RE: Petition 400-05-23, Requested Closure of a portion of 1500 North St. 1500 North between Hot Springs Street and Beck Street Dear Ray, Salt Lake City Public Utilities has reviewed the above referenced request and offer the following comments: According to our records, Salt Lake City Public Utilities does not own or operate any sanitary sewer or water mains within this existing right-of-way. According to our records a storm drain catch basin is located in the Hot Springs Street near this proposed 1500 North right-of-way closure. As long as this catch basin and associated piping and ditches are located within Hot Springs Street . right-of-way, Public Utilities has no issues with this proposed closure. If the catch basin and associate ditches and piping is outside of Hot Springs Street right-of- way and in 1500 North right-of-way, an easement must be retained for these facilities. A surveyor stamped exhibit of the above-mentioned catch basin and related ditches and piping relative to Hot Springs Street right-of-way and 1500 North right-of-way must be provided to Public Utilities for review and approval. If you should need further assistance with this matter, please contact Peggy Garcia at 483-6889. Sincerely, sid L oy Hooton, Jr. Director Cc:file pgljn\LWH I D30 SOUTH WL'ST TEMPLE, SALT LAKE Cmr. uTAH 041 I D TELEPHONE: o01•4AO.6S/o0 FAX!Uol•4ay.601e Www.alccov.cnk Page 1 of 2 McCandless, Ray From: Brown, Ken Sent: Friday, September 09, 2005 7:53 AM To: McCandless, Ray Subject: RE: 1500 North Street Closure Ray, The next opening I have is Wednesday, September 14, 2005 at 4:00 PM. Please let me know if this works for you. The following notes were created at previous DRT meetings for this property; APRIL 4, 2005 PROJ DESC: OFFICE/LARGE TRUCK REPAIR. ALL PROPERTIES BEING COMBINED TO ELIMINATE NEED FOR CROSS ACCESS AND DRAINAGE EASEMENTS. EXISTING BUILDINGS TO BE DEMOLISHED OR REBUILT. ATTENEES: CAMERON DUNCAN AND CHRIS DRAKOS. KEN BROWN, ZONING, M-1 ZONE. UDOT APPROVAL REQUIRED FOR WORK PLANNED ALONG BECK STREET. NEW DEVELOPMENT WILL REQUIRE PARKWAY STRIP LANDSCAPING, FRONT YARD LANDSCAPING AND PARKING LOT LANDSCAPING. HARDSURFACING REQD FOR ALL PARKING AND MANEUVERING AREAS. DOCUMENTATION TO BE SUBMITTED FOR REQUIRED AND LANDSCAPINT REQUIRED. BRAD STEWART, PUBLIC UTIL.; NO SEPTIC TANK SYSTEMS ALLOWED; CONNECT TO 74" SS; SD DETN REQD; WILL RE- USE I RE- LOCATED FUEL TANKS; F RE DEPT APPROVAL; KILL UN-USED; MSDS; PU-111 FORM; CANOPY OVER FUEL ISLAND- DRAIN NT REQUIRED UNDER CANOPY. BARRY WALSH, TRANS; COMBINE LOTS AND VACATE AND CLOSE 1500 NORTH; UDOT FRONTAGE, BECK ST; D/W 50FT; C&G, ETC? HOT SPRINGS AT IMP'S; SID; PARKING CALCS-ADA- BIKE 5%; PAVED SURFACES; ST LIGHTING W/GORDON H. JUNE 28, 2005 ATTENDEES: CAMERON DUNCAN AND CHRIS DRAKOS. KEN BROWN, ZONING, NEED TO ADDRESS THE ABOVE ISSUES. SEPARATE DEMO PERMITS TO BE OBTAINED TO DEMO EACH STRUCTURE. NEW CERTIFIED ADDRESS TO BE OBTAINED FROM SLC ENG DEPT; PROPERTIES TO BE COMBINED TO ELIMINATE THE NEED FOR CROSS ACCESS AND DRAINAGE EASEMENTS, PERIMETER PARKING LOT LANDSCAPING, FRONT AND CORNER SIDE YARD LANDSCAPING AT 1500 NORTH, ETC. SUBDIVISION REVIEW SCREENING CHECKLIST TO BE SUBMITTED PRIOR TO PERMIT ISSUANCE. BARRY LES ON BATH.ABECK ST AND HOTDSPRINGSOR ATURE FROM UD . PLANS SHOW 3 EXISTING PWER RD NEED BECK SOTTPOLES RELOCATED TO 18" BEHIND CURB. WITH LIGHTS RB. CRAIG SMITH, ENG; SID WAIVER REQD FOR PORTION OF WARM SPRINGS RD,VACATE AND PURCHASE 1500 N AT FAIR MARKET VALUE. BRAD STEWART, PUBLIC UTILITIES; WILL SPRINKLE OFFICE AND SHOP. ASKING FOR VACATION OF 1500 N; NEW PUMPS,1C00-150FT OF FFUEL NG AREA. WATOCH 1500PY. 1NTHYDRANNT ING STORAGE TANKS IN 1500 N O RELOCATION, GEN RALLY 4FT NT FROM BLDG NW. TRY TO KEEP DEED WITHIN PLANS, UTILITY DEMANDS. WAYNE LEYDSMAN, FIRE; ACCESS GOOD, 50FT ENTRY,TRUCK REPAIR (TRAILER), BLDG 21, 100SQFT WITH 2ND FLOOR OFFICE. BLDG WILL BE FULLY SPRINKLED PER CH 9 IFC27; TRUCK FUELING ISLANDS AND TANKS PROPOSED From: McCandless, Ray Sent: September 08, 2005 9:21 AM To: Brown, Ken Subject: 1500 North Street Closure Ken, 9/14/2005 Page 1 of 1 "McCandless, Ray From: Larson, Bradley Sent: Wednesday, August 17, 2005 10:15 AM To: McCandless, Ray Subject: Petition 400-05-23/requested closure of a portion of 1500 North Street Ray, The Fire Department has no objections to the above requested petition. Please feel free to contact me should you have any questions. Thank you. Brad Larson Deputy Fire Marshal Salt Lake City Fire Department 801-799-4162 office 801-550-0147 cell bradley.larson@slcgov.com 9/19/2005 Page 1 of 1 McCandless, Ray From: Walsh, Barry Sent: Tuesday, July 26, 2005 5:04 PM To: McCandless, Ray Cc: Young, Kevin; Weiler, Scott; Smith, Craig; Stewart, Brad; Larson, Bradley Subject: Pet 400-05-23 road closure. Categories: Program/Policy July 26, 2005 Ray McCandless Planning Division 451 South State Street, Room. 406 Salt Lake City, Utah 84111 Re: Petition#400-05-23 for Closure of 1500 North Street right of way between Beck Street and Hot Springs Street to be declared surplus and sold. Dear Ray: The Division of Transportation review comments and recommendations are for approval of the proposed closure of 1500 North Street subject to the following: 1. The 1500 North right of way corridor has not been developed as/or used for a public transportation roadway and has no defined access from Hot Springs Street frontage. 2. We recommend closing/vacating the entire roadway of 1500 North Street as shown to the abutting properties on both sides per the fully approved site plans subject to permit issuance of a complete development design package for all civil public and private transportation corridors in compliance with city standards. 3. All utilities and utility easements shall remain as required and approved by the entity concerned. Please feel free to call me at 535-6630 if you have any further questions. Sincerely, Barry D. Walsh Transportation Engineer Assoc. cc: Kevin J. Young, P.E. Scott Weiler, Engineering Craig Smith, Engineering Brad Stewart, Utilities Brad Larson, Fire file 9/19/2005 Page 1 of 1 "icCandless, Ray From: Smith, Craig Sent: Monday, September 19, 2005 11:45 AM To: McCandless, Ray Subject: petition 400-05-23 Categories: Program/Policy Good morning Ray- I have reviewed petition 400-05-23, a request to close 1500 North between Hot Springs Street and Beck Street. As you mentioned in the request, the street only exists on paper. The Engineering Department has no interest in this street a recommends the street be sold to the abutting property owners at fair market value. Sincerely, Craig w Smith SLC Engineering 9/19/2005 6. PLANNING COMMISSION MINUTES Salt Lake City Planning Commission Meeting October 12, 2005 comments. Mr. Marriott had assumed that was the approval he needed to proceed with his outdoor patio project. Mr. Ikefuna said that the Permits Department had doubled the building permit fee as the penalty for violation of the required ordinance. Mr. Ikefuna reminded the Planning Commission that an election for a new chair and vice- chair was past due and a vote was needed by the end of the meeting. Mr. Ikefuna announced that two dates were available for the Planning Commission Retreat: Wednesday, November 16th or Wednesday, December 7th at 5:00 p.m. He recommended December 7`h, thus giving time to schedule an out of state facilitator. The Planning Commissioners did not come to a decision on the date. Staff was asked to survey Commissioners by e-mail as most would not be available for December 7, 2005. Mr. Ikefuna asked Mr. Doug Dansie to speak to the Planning Commission regarding an emergency request from Westminster College proposal to modify previously approved Alumni House plans. The charge before the Planning Commission was to decide if the request to modify a previously approved petition should be administratively approved or if the petition should be re-heard at a public hearing. Mr. Dansie said that in January, 2003, a rezone and planned development was approved for Westminster College. The original plan was to renovate the Alumni House. As time progressed the College realized it would be more costly to renovate the building than to tear it down and build a new Alumni House. The major change would be the addition of a sub-grade basement, which would not require any adjustment to the exterior appearance. He asked the Commission if they wanted staff to approve the change as an administrative decision or if they wanted to advertise the action and bring it back to the Planning Commission as a public hearing. Commissioner Diamond, Commissioner McDonough, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted for a public hearing. As this was a majority, the request will be scheduled for a future meeting. PUBLIC NOTICE AGENDA — Salt Lake City Property Conveyance Matters (6:03 P.M.) None PUBLIC HEARINGS Petition No. 400-05-23, - by Greggory Savage, representing Mr. Chris Drakos/Montana Brand Trucking requesting that Salt Lake City close and declare as surplus property, 1500 North Street between Beck Street and Hot Springs Street (745 West), in a Light Manufacturing (M-1) zoning district. At 6:04 p.m. Chairperson Chambless introduced Petition No. 400-05-23 and Ray McCandless, Principal Planner. Mr. McCandless stated that the applicant requested that 2 Salt Lake City Planning Commission Meeting October 12, 2005 Salt Lake City close 1500 North Street between Beck Street and Hot Springs Street (745 West). The applicant also requested that the City declare the closed street portion surplus property, and allow the applicant to purchase it at fair market value and that it be incorporated together with the petitioner's abutting property. Mr. McCandless stated that the street property requested for closure consisted of 13,200 square feet and measured 66 feet wide by 200 feet in length. The site is located in the M-1 "Light Industrial" zoning district. Chairperson Chambless asked for questions from Staff. Commissioner De Lay asked what the fair market value was on the property. Mr. John Spencer, Real Property Agent with Salt Lake City Property Management, stated that full property value, as stated by the County Assessor, would be about $35,000. Chairperson Chambless opened the public hearing and asked the petitioner to come forward. Mr. Greggory Savage and Mr. Drakos addressed the Planning Commissioners. Commissioner Scott asked whether the fuel tanks on the property were still in use. Mr. Savage stated that the fuel tanks were currently in use and they may or may not be removed when a new facility is constructed. Mr. Lynn Pace, City Attorney, further stated that the tanks were an environmental issue and any standards or conditions added by the Commissioners would not change the effect of the existing law or the rules already in place. He said the decision before the Planning Commissioners involved closing a road and the fuel tanks would not change the liability or risk in that respect. Chairperson Chambless asked for representatives from the Community Council or anyone else from the public that wished to speak on this matter. No response was heard. Chairperson Chambless closed the public hearing and asked for discussion and/or a motion. Motion for Petition No. 400-05-23: Commissioner De Lay moved that the Planning Commission approve Petition No. 400-05-23, based on the analysis and findings outlined in the staff report with the following conditions: 1. That all applicable City Codes and Salt Lake City departmental requirements be met, including providing the necessary easements for any existing or future utility infrastructure. 2. That the street closure ordinance be conditioned upon payment to the City of fair market value of the street property, consistent with Salt Lake City Code 2.58. Commissioner Noda seconded the motion. Commissioner De Lay, Commissioner Diamond, Commissioner McDonough, Commissioner Muir, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted "Aye". There was none opposed. The motion passed. Petition No. 400-05-20, by Salt Lake City Council, requesting that properties located at approximately 405 West 2300 North on the high Lake Bonneville Bench Area east of Beck Street be rezoned from an Open Space (OS) zoning district to a Natural Open Space (NOS) zoning district. 3 7. NOTICE FOR THE OCTOBER 12, 2005 PLANNING COMMISSION PUBLIC HEARING NOTE: The held trip is scheduled to leave at 4:00 p.m_] AGENDA FOR THE SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building at 451 South State Street Wednesday, October 12, 2005, at 5:45 p.m. The Planning Commission will be having dinner at 5:00 p.m., in Room 126. During the dinner, Staff may share general planning information with the Planning Commission. This portion of the meeting will be open to the public. 1. APPROVAL OF MINUTES from Wednesday, September 28, 2005 2. REPORT OF THE CHAIR AND VICE CHAIR 3. REPORT OF THE DIRECTOR 4. PUBLIC NOTICE AGENDA 5. PUBLIC HEARINGS " a) Petition No 400-05-23 - by Greggory Savage, representing Mr. Chris Drakos/Montana Brand Trucking requesting that Salt Lake City close and declare as surplus property, 1500 North Street between Beck Street and Hot Springs Street (745 West), in a Light Manufacturing (M-1) zoning district. (Staff- Ray McCandless at 535-7282 or ray.mccandless@slcgov.com). b) Petition Number 400-05-20 - by Salt Lake City Council, requesting that properties located at approximately 405 West 2300 North on the high Lake Bonneville Bench Area east of Beck Street be rezoned from an Open Space (OS) zoning district to a Natural Open Space (NOS) zoning district. (Staff- Ray McCandless at 535-7282 or ra y.mccandless@slcgo v.com). c) Petition 400-04-25 - by Boyer Company/Gateway Association requesting a modification to the sign ordinance portion of the zoning ordinance regarding open air malls. (Staff- Doug Dansie at 535-6182 or doug.dansie@slcgov.corn). 6. UNFINISHED BUSINESS kec& —1. I I -o S lwa au lrgk hT4NJ t 14•+• 6/1.6 4—a ��Ir PETITION NO. - 3 , PETITION CHECKLIST Date Initials Action Required .?7p$ _ _ Petition delivered to Plannin 4 .,C Petition assigned to: O *as- Planning Staff or Planning Commission Action:Date 16I z5(or /cam Return Original Letter and Yellow Petition Cover OA__ grk. Chronology `'mac ( Property Description (marked with a post it note) Affected Sidwell Numbers Included 0f'2%'rc i) - Mailing List for Petition, include appropriate Community Councils t),I ,fd ()AAA. Mailing Postmark Date Verification 0,41zrq'("f Planning Commission Minutes ' 4L24kc Planning Staff Report 1.14.. lor ?AAA_ Cover letter outlining what the request is and a brief description of what action the Planning Commission or Staff is recommending. Ordinance Prepared by the Attorney's Office .4 — Ordinance property description is checked, dated and initialed by the Planner. Ordinance is stamped by Attorney. Planner responsible for taking calls on the Petition Date Set for City Council Action Petition filed with City Recorder's Office Holme Roberts & Owen LLP ., JUN 4 2005 Attorneys at Law PLANNING DIVISION , oo- June 24, 2005 Hand Delivered Douglas Wheelwright Salt Lake City Planning Department 451 South State Street, Room 406 Salt Lake City, Utah 84111 Re: Petition for Street Closure Dear Mr. Wheelwright: On behalf of Chris L. Drakos we write to petition for the closure of an undeveloped and abandoned portion of 1500 North Street that runs between Hot Springs Street and Beck Street(the"Abandoned Street"). Mr. Drakos is the record title holder of the property located at 1515 North Beck Street, and more particularly described as Lots 1 and 26, Block 9, Empire Addition. This property fronts the north side of Abandoned Street. The property which fronts the Abandoned Street on the south side(Lots 9 and 10,Block 8,Empire Addition)is owned by Mr. Drakos' grandparents, Chris Drakos and Ruth Drakos. A Joinder in Petition for Street Closure signed by Mr. and Mrs. Drakos is attached to this Petition under Tab No. 1. The Abandoned Street was apparently created in the early 1900's when the Empire Addition subdivision was subdivided and platted. The Abandoned Street, however, was never paved or otherwise improved and to the best of our information was never used as a public street. For at least the last 35 years the area of the Abandoned Street has been used by the Drakos family in the operation of its trucking business, Montana Brand. Attached to this Petition under Tab No. 2 are photographs of the Abandoned Street. As shown in the photographs, the Abandoned Street provides no public thoroughfare nor is there any possibility that it will ever do so. Moreover, underground fuel storage tanks have been placed beneath the Abandoned Street. Greggory J.Savage 299 South Main Street,Suite 1800 Salt Lake City,Utah 84111-2263 tel 801.521.5800;fax 801.521.9639 greggory.savage@hro.com Y189303 vl Holme Roberts & Owen LLP Attorneys at Law Douglas Wheelwright June 24, 2005 Page 2 Practically speaking there is no possible public benefit or public use of the Abandoned Street. In light of the circumstances there is no value to the Abandoned Street other than to the Drakos family. Rather, in light of the existence of the underground storage tanks,there is likely only liability to the City. As such,we request that the City pass an ordinance officially closing the Abandoned Street and thereafter deed the Abandoned Street to Chris L. Drakos. Also attached to this Petition are the following materials: Tab No. 3 The certified legal description of the area referred to in this Petition as the Abandoned Street. Tab No. 4 Address labels of all property owners within 450 feet of the Abandoned Street provided by the Salt Lake County Recorder's Office. Tab No. 5 A Sidwell map with the Abandoned Street highlighted and property owners identified. Enclosed is a check in the amount of$314.43 to cover the filing fee and the costs of first class postage for each address identified under Tab No. 4. If you or other members of the Planning staff have any questions,please contact me. Sincer y, re oy . S c: Chris L. rakos Enclosures: Tab Nos. 1-5 Check N189303 vl 08/07/05 11:18 FAX 8012554449 ENSIGN ENGINEERING fit3002/002 BOUNDARY DESCRIPTION A parcel of land,being that portion of 1500 North Street between Hot Springs Street and Beck Street,to be vacated,situate in the Southeast Quarter of the Southeast Quarter of Section 23,Township 1 North,Range 1 West, Salt Lake Base and Meridian,more particularly described as follows: Beginning at a point on the east line of Hot Springs Road,which is located North 0°03'05"East 667.23 feet along the Section line and West 524.12 feet from the Southeast Corner of Section 23,Township 1 North,Range 1 West, Salt Lake Base and Meridian,and running: thence North 43°53'46"West 66.00 feet along said east line of Hot Springs Road to the north line of 1500 North Street; thence North 46°06'20"East 200.00 feet along said north line to the west line of Beck Street; thence South 43°53'44"East 66.00 feet along said west line to the south line of said 1500 North Street; thence South 46°06'20"West 200.00 feet along said south line to the point of beginning. Parcel contains: 13,200 square feet or 0.30 acres. �iLS Tit, 7 Xos- as 4 Date Dusty e Bishop License No.4938720 ' ;. tic.4938120 1 t. : DUSTY L. BISHOP . , ,, 4,Vim. �, 005 16: 23 FAI 801 521 9639 flOLEfE ROBERTS & OWEN [Th002 1 IJ c.r' ��.,,� '�^"�2..N-,.tin .Tcv---a...!;6-.94X �`�� Closure .,: _ •.�'�rI- : .::.��:a;!�:: a Street :�. .:. :..'�'. 5. y. . ,., �. :.;.,:I;t.a,i�:�(er,.:4,•±��ic1�:3v..�.�:6'::'j1 e.al U. .;arc z 5. :I bate 5Lf0 WTI; UDC ! . ......--:,1 Name of Applicant C iris I. 1 , !Phone b s? 1—5 4 Vb s. , ::,i; Address of Applicant l9 9 S . Lh 5{4i.,A. + ST E �`kr ot� s 1.L 1 k'�a li g`I lit it (Ansel 1- T • . Email Address of Applicant r d 904jikoerua e,\A yo . um Ce11/Fax (0 01) 5 7.4 c b 311 Please include with the application: i; • 'i4.1-' 1. A letter explaining why you are requesting this street closure. Please include a statement explaining why the - l street closure is consistent with proposed public policy. If applicant is not a property owner adjacent to the ;'.i street,please include the applicant's interest in the request. 2. The names and addresses of all property owners within four-hundred fifty(450)feet--axclusive of streets and alleys in any direction—frost the border of the subject street. The name,address and Sidwell numher of each property owner must be typed or dearly printed on gummed mailing labels. Please include yourself and the • j appropriate Cozimunity Council Chair. Additional names and addressed may be required. The cost of first class postage for each address is due at time of application. Please do not provide postage stamps. 1-I '' 3. The name,addres and signatures of all abutting property owners who support the petition. You may use the sample petition accompanying this application or provide your own. Please note that the property owners '1"_: must sign and Bet occupants who rent • l; 4. A property ownership map(known as a Sidwell map)showing the area of the proposed street closure. On the ..1; map please: a. Highlight the subject section of street, '.. :.1 b. Indicate with a list of the property owners and write their name on the Sidwell map =3 identifying the property they own. ;O 5. Filing fee of S300.00 due at time of application. I i :::�; If you have any questions regarding the requirements of this petition,please contact a member of the'Eait '; ; Lake City Planning staff(535-7757)prior to submitting the petition. ri i0 Sidwell maps and frames of property owners are File the complete application at 1'i available at: '•'1 Salt Lake County Recorder Salt Lake City Planning 2001 South State Street,Room N1600 451 South State Street,Room 406 :k., Salt Lake City,U'I'g4190-1051 Salt Lake City.UT 84111 •nt i Telephone:(801)468-3391 Teltphonc;(801)535-7757 .5j 1'1 Signature of Property Owner or authorized agars( a agen 7I1' I r. .� Z V - L 8 O Erase...WAaw'S.W. ala E.,.•s.0,Oq lmlr4101..anovo[:ca.ul'sauw AUod°Il I6MAW Woe wet*PP asamol uaw Mt S661 1s2 ,EAdoO 1.1.0 AUVO - HHQNOOHN A.LN[100 Ho[V1 11VS AH QHYVdHHd w .1Dr .L .aax ,'H .p [� .1 „ u _ MI'2I'AT['L[£Z'OHS 4/['3'S Z/I'H ,. k'k. _• " bolt' L lap,. sv 4_,00La ie k S L /. 111111 � Ib'r:iiii . tl �` � I . du Fd �, 11111 -.rL e tuasa Inv 1 '}'� °t •i' � z„wr zo�ler d „erIRiLNt •� I• .4u /�Ira• ax 6 9 80, EI OL 6 �s�' � 5 w�oia�, u as .u[1��», Mwn 1323A3 m IS S-a.ol fi 000e; • — • It LOOLe, ��\\V. `�� �lAOeBi t 111111111M L " .,,, gLi SO�.. VS.:.. S W , �.l 4, 9[S 9, E� IF [[p S rE 0008 Ijr zpcc9r '� I 7l� a ��-m �kz�B sp $Et 9 NEB; S}W!R '`td`J H1ilON OOSI 15`7; �- rd �7� • as 6 ., �UV' ! IS fi00t86 ZOOE<D [ '''' \U ____ VIII S J a ZJJ6<, •• � , / 492'JJ6n sl r '<r sSrl S �S2 p V •diii, 2o09<b ,nFro9 1 S o205900Zea ( \9V2'. Z � Lt 91 S[ etn rE [ } s VS't / OJfiGr 9 8 - v v v v E2 Sb00S C 4� ar J- _[9IJ J QV : ' .;• } Tf��a' 900t9. s 12 q°` Z009< ,,y Sg.a S\ day C2o \ti. f b«r `VxNy CJ [ BOO. ./� g ti\ • at qq I N. e s * D` 509e on a s 51^ r[_ s.yw�y,.p- �,4 <r 4 osnr zoos a�� • 81 8 8 8 JSr� c• 9[ +• <r toa9 Ilia ,00oderi JJJ o' f lo05<r. % : ET •009<r_ ,roarer 8/L/ {,4 �� I' oa0 1_1_s_yl nsn [ma ..1•. '"7]i S[ '1�r [.. .. Ipx<s.i I • L tl •/Y r zao9Ga 200Z9, IS 4 HISION aa't I� 11! Zr. th. as � :. l • a oaz�. , v sooiu; Sa . S [00 r00<d, ,a`6[ • Lb9Z6 Q�l°''% 4..1 01092 a% J.9b9.,. 02'[ la r{ o•I 000za, • .;so09zr; i y / 94 4/B003Z,// °I B oo•x '{ Iba 1 apdGa, r�F ro;'"GJo9zv// , 9,,,,,..„,.....,;;,,. R I ..., b//Er[' 0 I e°41.0;11"/ Ja> ISII I— 02 9e iC e:yZr aoa I •�;, uM /i • o i SUE id b0.,•✓ ® 0 w