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066 of 1997 - Amending Salt Lake City Ordinance No. 36 of 1997 which approved the Compensation Plan for Executive0 97-1 0 97-11 SALT LAKE CITY ORDINANCE No. 66 of 1997 (Amending Salt Lake City Ordinance No. 36 of 1997 which approved the Compensation Plan for Executive Employees and Elected Officials of Salt Lake City) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE NO. 36 OF 1997 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 amendment to the Compensation Plan for Executive Employees and Elected Officials adopted by Salt Lake City Ordinance No. 36 of 1997. Three copies of said Compensation Plan shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The Compensation Plan shall not apply to employees whose employment terminated prior to publication of the Ordinance. SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on October 15, 1997. Passed by the City Council of Salt Lake City, Utah, this r-i day of C eirbe i`� , 1997. ATTEST: EF DEPUTY CI REC RDER Transmitted to the Mayor on October 11, 1997 Mayor's Action: xx Approved. ATTEST: HIEF DEPUTY CI RECR,ER Bill No. of 1997. Published: OCtc er 21, ATTORNEY\ORDINA97\Amending exec comp plan.doc Vetoed. MAYOR APRIOOVED AS TO FORM San Lake Ci Attomey's Office 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 July 1, 1997. 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). 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, 1997 to October 14, 1997, Executive employees shall be paid within ranges provided in the schedule attached hereto as Appendix "B." From October 15, 1997 to June 30, 1998, Executive employees shall be paid within ranges provided in the schedule attached hereto as Appendix "B-1". C. Other Forms of Compensation 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 payments to employees within per annum pay limitations; or classifying and advancing employees under rules established by the Mayor. IV. LONGEVITY PAY Executive employees shall not be eligible for longevity benefits. V. OVERTIME COMPENSATION Executive employees do not receive overtime compensation. VI. CERTIFICATION INCENTIVE 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. 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. 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. 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. 2 VIII. HOLIDAYS AND VACATION Employees shall receive holidays and vacation as provided in this paragraph VIII. The Mayor shall provide, by policy, the specific terms and conditions upon which such holidays and vacation are to be made available to employees. 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. The first day of January, called New Year's Day. b. The third Monday of January, the anniversary of the birth of Martin Luther King. c. The third Monday in February, observed as President's Day. d. The last Monday of May, called Memorial Day. e. The fourth day of July, called Independence Day. f. The twenty-fourth day of July, called Pioneer Day. g The first Monday in September, known as Labor Day. h. The second Monday in October, known as Columbus Day. i. The eleventh day of November, known as Veteran's Day. j The fourth Thursday in November, known as Thanksgiving Day. k. The twenty-fifth day of December, called Christmas. 1. One personal holiday shall be taken upon request of the employee 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 3 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. Columbus Day may be celebrated within 50 days following the date of its actual occurrence as specified in this paragraph; provided, however, an employee may celebrate said Columbus Day on a day other than specified herein if a written request is approved in writing by the employee's supervisor, who shall have the discretion to approve any such request. 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 Executives (other than Department Directors) the following schedule shall apply: Completed years of Consecutive City Service Hours of Vacation Accrued Per Biweekly 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 3. Notwithstanding the above, Department Directors shall be eligible for 20 days vacation on January 1 of each of the first 14 years of employment with the City and 25 days each January 1 thereafter. 4 4. Employees may accumulate vacations, (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: After 6 months Up to 30 days After 9 years Up to 35 days After 14 years Up to 40 days Department Up to 40 days Directors "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. 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 favorable written recommendation of the employee's Department Director or the Mayor. 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 Management Services Director 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. IX. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. A. Prior to November 16, 1997. Prior to November 16, 1997, Executive employees shall receive leaves of absence related to their illnesses, injuries or their dependents' illnesses or injuries under a plan as provided in paragraph IX.E. (Plan "A.") B. Election of Optional Plan. Effective November 16, 1997, there shall be available to Executive employees an optional plan for personal leave as provided in paragraph IX.F. (Plan "B.") In order to be covered by Plan "B": 1. The Executive employee must have been appointed before November 16, 1997. 2. The Executive employee must, between July 15, 1997 and October 15, 1997, sign and deliver to Human Resource Management a written authorization form electing to be covered by Plan "B" rather than Plan "A." C. Employees Who Do Not Elect Plan "B." Executive employees who do not elect to be covered by Plan "B" as provided herein, shall continue to be covered under Plan "A." D. Executive employees appointed on or after November 16, 1997. Executive employees appointed on or after November 16, 1997 shall be covered by Plan "B." E. 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 6 rules governing the interfacing of sick leave and worker's 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. 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 30 sick leave days (240 hours) may choose to convert a portion of the sick leave grant from any given year to vacation under the following schedules: (1) Executive employees may convert up to 64 accrued and unused sick leave hours to vacation based on the schedule below. More Number of Sick Leave Hours Used During Previous Calendar Year 0 8 16 24 32 40 than 40 Number of Sick Leave Hours Eligible for Conversion 64 56 48 40 32 16 0 (2) Any election by an Executive employee to convert sick leave to vacation time must be made by notifying Human Resource Management, in writing, on or before January 31 of each year; otherwise, no conversion will be allowed for that calendar year and such conversion privileges 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. (3) 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 any sick leave converted to vacation be entitled to any pay or compensation upon an employee's termination. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. d. Authorized and unused sick leave may be accumulated from year to year. 2. Hospitalization Leave a. In addition to the sick leave authorized herein, an Executive employee under this Plan "A" shall be entitled to 30 days hospitalization leave each calendar year, provided that such leave may be taken only if, and during the period that, such employee is actually confined to a hospital, acute care facility or other free standing out patient surgical facility as adopted under rules prescribed by the Mayor. Hospital leave shall not accumulate from year to year. b. No employee shall be entitled to receive hospitalization leave benefits for illness, injuries, or disability resulting from accidents arising out of or in the course of employment for an employer other than the City. c. Each employee who takes authorized hospitalization leave shall continue to receive their regular salary during absence from work for the periods set forth in this paragraph. d. The Mayor may establish rules which extend hospitalization leave to circumstances where an employee receives medical treatment on an outpatient basis, in lieu of hospital confinement. 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, grandfather, grandmother, grandchild, or stepchild, stepmother, stepfather, stepbrother or stepsister. 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, not to exceed 5 working days. Employees will be permitted one additional day of funeral leave on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular work shift. b. 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 services for such person, not to exceed one shift. c. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay while attending the funeral services for such person, not to exceed 4 hours. d. In the event the death of any member of the immediate family as set forth in this paragraph IX.E.3 occurs while an employee is on vacation, their vacation will be extended by the amount of time authorized as funeral leave under said paragraph. e. 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 an Executive employee covered by this Compensation Plan for the following reasons: 1. Becoming a parent through birth or adoption of a child or children. 2. Due to the hospitalization of the employee's child, spouse, or parent. 3. To care for an employee's ill or injured child, spouse or parents. b. The following provisions apply to the use of dependent leave by an Executive employee. 1. Dependent leave may be granted with pay on a straight time basis. 2. 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 gives notice 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 40 hours of dependent leave used during the fiscal year will not affect the sick leave conversion options as outlined in paragraph IX.E.1.c. Probationary employees are not eligible for dependent leave. 5. Retirement Benefit. a. At retirement, an employee (or his or her estate, where death follows retirement, at any time, but precedes payment) shall be eligible to receive a retirement benefit as stipulated in Salt Lake City Ordinance No. 57 of 1992 (Section 2.52.025 of the Salt Lake City Code). Persons who retire under the eligibility requirements of the Utah State Retirement Systems and are not eligible under the above referenced Ordinance 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. 10 b. In lieu of the above, employees may elect 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 dollar allowance determines the number of months of medical and surgical coverage which may be purchased. 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. c. Retirement benefits provided in this paragraph IX.E.5 are subject to appropriation of funds. Further, the City Council may, at any time, amend, modify or repeal Section 2.52.025 of the Salt Lake City Code. F. Plan 1. 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, subject to the operational requirements of the City. 2. Each Executive employee under this Plan "B" shall be awarded, at the beginning of the second pay period of November in each calendar year, personal leave hours based on the following schedule: Months of Hours of Personal Consecutive Leave City Service Less than 6 40 Less than 24 60 24 or more 80 11 3. On or before the beginning of the second period of November in each calendar year, employees covered by Plan "B" may elect, by notifying Human Resource Management 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 subject to appropriation of funds. For purposes of this benefit, personal leave will be prorated based on when, in the calendar year, the employee terminates employment with the City. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour. 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. 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, grandfather, grandmother, grandchild, or stepchild, stepmother, stepfather, stepbrother or stepsister. 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, not to exceed 5 working days. Employees will be permitted one additional day of funeral leave on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular work shift. Satisfactory proof of such death, together with the date thereof, the date and location of the funeral, and the date of burial, must, on request, be furnished by the employees to their supervisor. 8. Career Enhancement Leave. 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 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. Retirement Benefit. a. Executive employees covered under Plan "B" shall have a retirement benefit as follows: (1) Executive employees appointed before January 1, 1989 will have an account equal to sixty percent of unused sick leave accrued after December 31, 1988 available on November 16, 1997 ("Plan `B' severance account.") 13 (2) Executive employees who were appointed as executives on and after January 1, 1989 shall have an account equal to sixty percent of accrued unused sick leave available on November 16, 1997 ("Plan 'B' severance account.") (3) After November 16, 1997, the Executive employee covered under Plan "B" shall have no other accumulated sick leave except for those hours, if any, in the severance accounts provided in paragraphs XIX and XI.F.9. (4) (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" severance account. (b) In lieu of the above, the Executive employee may elect 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. Employee's available dollar amounts determines the number of months of medical and surgical coverage which may be purchased. If insurance costs increase due to group experience the number of months of coverage will decrease. (c) Because of this retirement benefit, employees covered by Plan "B" shall not be eligible for any benefits under Section 2.52.025 of the Salt Lake City Code. (d) Hours may be withdrawn from the Plan "B" severance 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 14 election in writing to the Mayor to use said hours to supplement workers' compensation benefits. 10. On January 1, 1998, employees under this Plan "B" may convert sick leave accrued and unused from January 1, 1997 to November 15, 1997 to vacation according to the schedule provided in paragraph IX.E.1.c. 11. Short Term Disability Insurance. 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. X. MILITARY LEAVE AND JURY DUTY A. Military - Entry Into Service. Employees who enlist or are called or inducted into and enter active service in the State Militia or any branch of the Federal Military, Naval, Air, or Marine service shall be entitled to absent himself or herself without pay as required by State and Federal law. B. Military - Annual Encampment. Employees covered in this plan who are or shall become members of the Organized Reserve of the United States Army, Navy, Air Force, Coast Guard and Marines or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 consecutive working days per calendar year spent on duty, at annual encampment in connection with the reserve training and instruction of the Army, Navy, Air Force and Marines of the United States. This leave shall be in addition to annual vacation leave with pay. Employees in this plan who provide documentation to the City indicating that their military unit does not participate in annual encampment, but instead provides reserve training on a periodic basis throughout the year, in lieu of annual encampment, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent in such training. C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the District and Federal Courts whose 15 jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee's salary 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. Failure to so return to work shall result in the forfeiture of that day's pay by such employee. XI. 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 Airport Authority 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 worker's 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 Director of the Department of Management Services who may make recommendations to the Mayor for final decisions; 16 6. If an employee is eligible for worker's 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" severance account, if applicable and authorized vacation time to supplement workers' compensation so that the employee is receiving the employee's regular net salary. XII. ADDITIONAL LEAVES OF ABSENCE. Full -Time employees requesting leave for anticipated or short-term disability, such as maternity, surgery, or other medical reason, shall be allowed to take up to 6 months unpaid leave without loss of seniority or position at the discretion of the Department Director. Additional leaves of absence may be granted an employee at the discretion of the Department Director. XIII. INSURANCE A. Group Insurance. Employees of the City may participate in the City's group insurance plan in conformity with and under the terms of an insurance plan adopted by the Mayor covering such employees. Retired City employees, and other persons may also be permitted to participate in the plan under terms and conditions set forth by the Mayor. The Mayor shall cause the specific provisions of the group plan offered by the City to be detailed and made available to the employees. The City may 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. Employees eligible to participate in the group insurance plan shall be enrolled unless waivers are executed by employees desiring exemption, in the form and manner and at such times as the Mayor may direct. XIV. WORKERS COMPENSATION A. In addition to the foregoing, the Mayor may provide for worker's compensation coverage to the employees under applicable provisions of State statute, and other related disability plans compensating employees of the City who are permanently and totally disabled while in the discharge of their official duties as defined by the City's Long Term Disability Program. 17 B. The City will use reasonable efforts to make "light duty" work available to employees injured on the job as defined by the Worker's Compensation laws, provided that the employees are able to perform the "light duty" work and the employees have presented a release by their physician to the City certifying that the employees are able to work. XV. LONG TERM DISABILITY COMPENSATION A. Optional long term disability is available to employees eligible under the City's Long Term Disability Program (Income Protection Program). B. The City, at its own expense, shall have the right and opportunity to examine the person of any employee when and as often as may reasonably be necessary during employment with the City and pendency of a disability hereunder. No employee refusing such examination shall be eligible for the benefits provided by this paragraph. C. Refusal to submit to treatment for disabilities shall be grounds for termination of compensation specified hereunder. D. When an injury for which compensation is payable under this paragraph shall be caused by the wrongful act or neglect of another employee of the City or person not in such employment, the City may require an employee claiming compensation hereunder, as a condition of receipt of such compensation, to assign to the City any action for damage against such third person the injured employee may have. XVI LIGHT DUTY. An employee shall be allowed, by the applicable Department Director, if practical, placement in a light duty position while recovering from a temporary disability. XVII. 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 18 its' retirement program(s) under terms and conditions established by the Mayor. Such programs may include: 1. The Utah State Public Employees' Retirement System (Contributory and Non -Contributory) 2. Deferred Compensation Programs 3. Retirement Incentive Programs The City may deduct, as specified in Appendix "C," from wages and salaries of employees covered by this paragraph, payroll deductions determined by the Mayor to be necessary to fund employee contributions to such programs. C. 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). XVIII. TERMINATION DUE TO RESIGNATIONS OR OTHERWISE Every employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for: A. Earned vacation time accrued, unused, and unforfeited as of the date of termination; and B. Unused compensatory time off. XIX. SEVERANCE BENEFIT A. Unless otherwise modified by the Mayor and 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. These Executive employees each have an account, established by prior City policy, which is credited with a cash value equal to the total accrued sick leave hours available 19 to the employee on December 31, 1988 multiplied by said employee's hourly rate of pay in effect on December 31, 1988. On voluntary or involuntary termination of employment from the City, these Executive employees shall receive, at the time of separation, the cash value of their account. Said Executive employees, however, may, during their employment, use the hours in their account for sick leave purposes although such use would reduce the cash value. b. Current Executive employees, appointed as Executives before January 1, 1989, shall receive, as a severance benefit, in addition to subparagraph A.1.a. above: One month's pay, determined on the date of termination, for each year of City employment, 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 After January 1, 1989. Executive employees, appointed as Executives after January 1, 1989, shall receive a severance benefit only for an involuntary termination from City employment. The severance benefit for said employees shall be: One month's pay, determined on the date of termination, for each year of City employment, not to exceed 6 months base salary 3. 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 20 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. b. An employee who has been requested by the Mayor to resign under bona fide charges of nonfeasance, misfeasance or malfeasance in office. 4. Replaces Early Retirement Incentive. An employee who elects and is paid a benefit under Section 2.52.025 of the Salt Lake City Code as amended (the early retirement incentive program) shall not receive a severance benefit as provided herein. XX. 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. g:\unions97\exec 9-2 amendment 21 APPENDIX A - ELECTED OFFICIALS SALARY SCHEDULE July 1, 1997 Mayor $82,710 Council Members $16,542 APPENDIX B - EXECUTIVE SALARY SCHEDULE July 1,1997 Class Minimum Midpoint Maximum Position 099 $6831 $8880 $10929 Executive Director of Airports 098 5296 6879 8460 Deputy Exec. Dir. - Airports 097 4605 5971 7337 Director of Operations - Airport 001 5514 7161 8808 City Attorney Director - Management Services 002 5032 6535 8038 Chief of Police Director - Public Utilities Director - Public Services Fire Chief Director - Comm. & Econ. Dev. Executive Director - City Council 003 4756 6136 7515 Deputy to the Mayor Executive Assistant Chief - Police Deputy City Attorney Deputy Director - Public Services 004 4329 5585 6842 Director - Eng. & Maint. - Airport Assistant Chief - Police Deputy Fire Chief Director - Redevelopment Planning Director Deputy Director - Mgmt. Services City Recorder City Prosecutor Director - Finance & Adm. - Airport Deputy Director - Public Utilities City Engineer Deputy Director - City Council Deputy Director - DCED 005 4092 5280 6466 Building & Housing Div. Manager Transportation Engineer Administrator - P. Util. Fin. & Adm. Adm. Services Director - Public Serv. 006 3798 4901 6004 Executive Assistant/ Mayor Controller City Treasurer Auditing & Reporting Manager Div. Director - Human Res. Mgt. Water Quality Administrator Recreation Director Director - Capital Ping. & Programming Director - Budget & Policy Director - Hsg. Development Services APPENDIX B-1 - EXECUTIVE SALARY SCHEDULE October 15,1997 Class Minimum Midpoint Maximum Position 099 $6831 $8880 $10929 Executive Director of Airports 098 5296 6879 8460 Deputy Exec. Dir. - Airports 097 4605 5971 7337 Director of Operations - Airport 001 5514 7161 8808 City Attorney Director - Management Services 002 5032 6535 8038 Chief of Police Director - Public Utilities Director - Public Services Fire Chief Director - Comm. & Econ. Dev. Executive Director - City Council 003 4756 6136 7515 Deputy to the Mayor Executive Assistant Chief - Police Deputy City Attorney Deputy Director - Public Services 004 4329 5585 6842 Director - Eng. & Maint. - Airport Assistant Chief - Police Deputy Fire Chief Director - Redevelopment Planning Director Deputy Director - Mgmt. Services City Recorder City Prosecutor Director - Finance & Adm. - Airport Deputy Director - Public Utilities City Engineer Deputy Director - City Council Deputy Director - DCED 005 4092 5280 6466 Building & Housing Div. Manager Transportation Engineer Administrator - P. Util. Fin. & Adm. Adm. Services Director - Public Serv. 006 3798 4901 6004 Executive Assistant/ Mayor Controller City Treasurer Auditing & Reporting Manager Div. Director - Human Res. Mgt. Water Quality Administrator Recreation Director Director - Capital Ping. & Programming Director - Budget & Policy Director - Hsg. Development Services Dir. - Olympic Opportunities Planning COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION EXECUTIVE EMPLOYEES AND ELECTED OFFICIALS. I. EFFECTIVE DATE The provisions of this plan shall be effective, commencing July 1, 1997.6. 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). 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, 1997-6 to March 4, 1997 June 30, 1998, Executive employees shall be paid within ranges provided in the schedule attached hereto as Appendix "B." From March 5, 1997 to Junc 30, 1997, Executive employee shall be paid within range provided in the schedule attached hcrcto as Appendix "B 1". C. Other Forms of Compensation 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 payments to employees within per annum pay limitations; or classifying and advancing employees under rules established by the Mayor. IV. LONGEVITY PAY Executive employees shall not be eligible for longevity benefits. V. OVERTIME COMPENSATION Executive employees do not receive overtime compensation. VI. CERTIFICATION INCENTIVE 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. 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. 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. 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. 2 1 1 1 1 VIII. LEAVES OF ABSENCE HOLIDAYS AND VACATION Employees shall receive lcavcs of abocncc holidays and vacation as provided in this paragraph VIII. The Mayor shall provide, by policy, the specific terms and conditions upon which such lcavcs holidays and vacation are to be made available to employees. 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. The first day of January, called New Year's Day. 2-b. The third Monday of January, the anniversary of the birth of Martin Luther King. 4c. The third Monday in February, observed as President's Day. 4d. The last Monday of May, called Memorial Day. .e. The fourth day of July, called Independence Day. f. The twenty-fourth day of July, called Pioneer Day. qa. The first Monday in September, known as Labor Day. $-h. The second Monday in October, known as Columbus Day. �i. The eleventh day of November, known as Veteran's Day. 101. The fourth Thursday in November, known as Thanksgiving Day. 31‹.. The twenty-fifth day of December, called Christmas. 121. One personal holiday shall be taken upon request of the employee 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 3 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. Columbus Day may be celebrated within 50 days following the date of its actual occurrence as specified in this paragraph; provided, however, an employee may celebrate said Columbus Day on a day other than specified herein if a written request is approved in writing by the employee's supervisor, who shall have the discretion to approve any such request. 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 Executives (other than Department Directors) the following schedule shall apply: Completed years of Consecutive City Service Hours of Vacation Accrued Per Biweekly 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 3. Notwithstanding the above, Department Directors shall be eligible for 20 days vacation on January 1 of each of the first 14 years of employment with the City and 25 days each January 1 thereafter. 4 4. Employees may accumulate vacations, (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: After 6 months Up to 30 days After 9 years Up to 35 days After 14 years Up to 40 days Department Up to 40 days Directors "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. 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 favorable written recommendation of the employee's Department Director or the Mayor. Said purchase of accrued vacation time may be authorized, in the discretion of the City, when, in its judgment, it is demonstrated that: o. Vacation timc is accrued and earned in accordance with this paragraph. iaa. 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. eb. There is a demonstrated need for the City to retain the services of the employee for said vacation time. dc. 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. c. Thc cmploycc consents voluntarily to thc cash payment in lieu of time eff from thc cmpl ycc'3 regular w rk schedule. f. Thc foregoing, notwithe-tanding, undcr no circumstances may the City purchase morc than 80 hours of oarne4 art ani7lecel vacation time from an cmploycc dbrring any 12 month period. gd. 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. IIowever, under no circamstanccs shall any overtime eempenea-tion he pa , eompnted or accrued by virtae of the City authorizing an employee to wo-r4 a vacation period and receive cash payment there -for in lieu of use. he. 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. IX. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. A. Prior to November 16, 1997. Prior to November 16, 1997, Executive employees shall receive leaves of absence related to their illnesses, injuries or their dependents' illnesses or injuries under a plan as provided in paragraph IX.E. (Plan "A.") Bs Election of Optional Plan. Effective November 16, 1997, there shall be available to Executive employees an optional plan for personal leave as provided in paragraph IX.F. (Plan "B.") In order to be covered by Plan "B": 1. The Executive employee must have been appointed before November 16, 1997. 2 The Executive employee must, between July 15, 1997 and October 15, 1997, sign and deliver to Human Resource Management a written authorization form electing to be covered by Plan "B" rather than Plan "A." Employees Who Do Not Elect Plan "B." Executive employees who do not elect to be covered by Plan "B" as 6 provided herein. shall continue to be covered under Plan "A." Executive employees appointed on or after November 16, 1997. Executive employees appointed on or after November 16. 1997 shall be covered by Plan "B." E. 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 worker's compensation benefits and avoiding, to the extent allowable by law, duplicative payments. 21b. Each Executive employee under this Plan "A" shall accrue sick leave at a rate of 4.62 hours per pay period. Authorized and unused sick leave may be accumulated from year to year subject to the limitations of this plan. if.. Under this Plan "A," Executive employees who have accumulated 30 sick leave days (240 hours) may choose to convert a portion of the yc� r sick leave grant from any given year to vacation under the following otipulationo and schedules: 111 Executive employees may convert up to 64 accrued and unused sick leave hours to vacation based on the schedule below. Number of Sick Leave Hours Used During Previous Calendar Year 0 8 16 24 32 7 Number of Sick Leave Hours Eligible for Conversion 64 56 48 40 32 40 16 More than 40 0 (2) Any election by an Executive employee to convert sick leave to vacation time must be made by notifying thc Office of Employee Servicc° Human Resource Management, in writing, on or before January 31 of each year; otherwise, no conversion will be allowed for that calendar year and such conversion privileges 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. (3) Any sick leave dayo, hours, properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other days of vacation timc hours to which the employee is entitled_L—provided, however, that in no event shall any sick leave converted to vacation be entitled to any pay or compensation upon an employee's termination. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. Convcroion dayo shall bc conotrucd as uocd prior to vacation dayo othcrwioc accrucd by the cmploycc. d. Authorized and unused sick leave may be accumulated from year to year. c. Employcco who have accrucd at lcaot 80 houro oick leavc may bc allowcd to uoc no morc than 16 hour° of accrucd oick leavc per calcndar year for thcir own doctor'o and/or dcntiot'o appointmcnt°. Thio leave muot bc takcn in one hour timc blocko and may only bc uocd upon prior approval of thc cmploycc'o °upervioor D2. Hospitalization Leave tea. In addition to the sick leave authorized hcrcundcr herein, each an Executive employee under this Plan "A" shall be entitled to 30 days hospitalization leave each calendar year, provided that such leave may be taken only if, and during the period that, such employee is actually confined to a hospital, acute care facility or other free standing out patient surgical facility as adopted under rules prescribed by the Mayor. Hospital leave shall not accumulate from year to year. No employee shall be entitled to receive hospitalization leave benefits for illness, injuries, or disability resulting from accidents arising out of or in the course of employment for an employer other than the City. 2.L,. Each employee who takes authorized hospitalization leave shall continue to receive their regular salary during absence from work for the periods set forth in this paragraph. ad. The Mayor may establish rules which extend hospitalization leave to circumstances where an employee receives medical treatment on an outpatient basis, in lieu of hospital confinement. F/. Funeral Bereavement Leave tea. Under this Plan "A" Ttime 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, grandfather, grandmother, grandchild, or stepchild, stepmother, stepfather, stepbrother or stepsister. 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, not to exceed 5 working days. Employees will be permitted one additional day of funeral leave on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular work shift. Sat4e-ae-tery—proof of ouch death, together with thc date thcrcof, the date and to ation of thc funeral, and thc date of burial, must, n rcqucot, be furnished by thc employees to thcir supervisor. 2-b. 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 services for such person, not to exceed one shift. 4c. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay while attending the funeral services for such person, not to exceed 4 hours, oubjcct to the approval of thcir immcdiatc oupervioor. 4d. In the event the death of any member of the immediate family as set forth in this paragraph X.F.1.IX.E.3 occurs while an employee is on vacation, their vacation will be extended by the amount of time authorized as funeral leave under said paragraph. -5g. The provisions of this paragraph shall not be applicable to employees who are on leave of absence other than vacation leave. 144. Dependent Leave. ��. Under Plan "A" Ddependent Leave may be requested by an Executive employee covered by this Compensation Plan for the following reasons: al. Becoming a parent through birth or adoption of a child or children. B2. Due to the hospitalization of the employee's child, spouse, or parent. E2. To care for an employee's ill or injured child, spouse or parents. 2-b. The following provisions apply to the use of dependent leave by an Executive employee. Al. Dependent leave may be granted with pay on a straight time basis. 412. 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. 10 G.. The employee gives notice to his or her supervisor as soon as possible under the circumstances. D. The cmployor province , upon rcquc3t of thc 3upervicor, eertifcea-tioR of birth or cvidcncc of a child placcmct for adopti n, or a lcttcr from thc attcnding phy3ician in thc cvcnt of hoopitalisatoA, ixjtrry r illnc33 of a child, opouoc or parcnt within 5 calcndar daya f llowing tcrmination of ouch lcavc . E4. 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 fiscal year will not affect the sick leave conversion options as outlined in paragraph X.0 IX.E.1.c. Probationary employees are not eligible for dependent leave. G5. £ick Lcavc Piy at Retirement Benefit. At retirement, an employee (or his or her estate, where death follows retirement, at any time, but precedes payment) shall be eligible to receive a retirement benefit as stipulated in Salt Lake City Ordinance No. 57 of 1992 (Section 2.52.025 of the Salt Lake City Code). Persons who retire under the eligibility requirements of the Utah State Retirement Systems and are not eligible under the above referenced Ordinance 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 hi3 or her the employee's retirement. A. In lieu of the above, employees may elect 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 11 Fj Plan available dollar allowance determines the number of months of medical and surgical coverage which may be purchased. 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. c. Retirement benefits provided in this paragraph IX. E.5 are subject to appropriation of funds. Further, the City Council may, at any time, amend, modify or repeal Section 2.52.025 of the Salt Lake City Code. "B." 1L 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, subject to the operational requirements of the City. 2. Each Executive employee under this Plan "B" shall be awarded, at the beginning of the second pay period of November in each calendar year, personal leave hours based on the following schedule: Months of Hours of Personal Consecutive Leave City Service Less than 6 Less than 24 24 or more 40 60 80 2. On or before the beginning of the second period of November in each calendar year, employees covered by Plan "B" may elect, by notifying Human Resource Management 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 12 date of conversion. In no event shall total pay hereunder exceed 40 hours pay, or h Carryover to the next calendar year up to 80 unused personal leave hours, or 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. 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 navmPnt as provided in suboaragraph 3.a above a, 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 subject to appropriation of funds. For purposes of this benefit, personal leave will be prorated based on when, in the calendar year. the employee terminates employment with the City. 6L Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour. 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, 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, grandfather, grandmother, grandchild, or stepchild. stepmother. stepfather, stepbrother or stepsister. In the event of death in any of these instances, the employee will be paid his/her 13 regular base pay for scheduled work time from the date of death through the day of the funeral, not .to exceed 5 working days, Employees will be permitted one additional day of funeral leave on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular work shift. Satisfactory proof of such death. together with the date thereof, the date and location of the funeral, and the date of burial. must. on request, be furnished by the employees to their supervisor. a, Career Enhancement Leave. 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 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. Retirement Benefit. a. .Executive employees covered under Plan "B" shall have a retirement benefit as follows: (1) Executive employees appointed before January 1, 1989 will have an account equal to sixty percent of unused sick leave accrued after December 31, 1988 available on November 16, 1997 ("Plan 'B' severance account.") (2) Executive employees who were appointed as executives on and after January 1 1989 shall have an account equal to sixty percent of accrued unused sick leave available on November 16. 1997 ("Plan `B' severance account.") (3) After November 16, 1997, the Executive employee covered under Plan "B" shall have no other accumulated sick leave except for those hours, if any, in the severance accounts provided in paragraphs XIX and XI.F.9. 14 (4) (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" severance account. (b) In lieu of the above, the Executive employee may elect 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, Employee's available dollar amounts determines the number of months of medical and surgical coverage which may be purchased. If insurance costs increase due to group experience the number of months of coverage will decrease. (c) Because of this retirement benefit. employees covered by Plan "B" shall not be eligible for any benefits under Section 2.52.025 of the Salt Lake City Code. (d) Hours may be withdrawn from the Plan "B" severance 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. On January 1, 1998, employees under this Plan "B" may convert sick leave accrued and unused from January 1. 1997 to November 15. 1997 to vacation according to the schedule provided in paragraph IX.E.1.c. 11, Short Term Disability Insurance. Protection against loss of income when an employee is absent from work due to short term disability shall be 15 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. MILITARY LEAVE AND JURY DUTY GA. Military - Entry Into Service. Employees who enlist or are called or inducted into and enter active service in the State Militia or any branch of the Federal Military, Naval, Air, or Marine service shall be entitled to absent himself or herself without pay as required by State and Federal law. HE. Military - Annual Encampment. Employees covered in this plan who are or shall become members of the Organized Reserve of the United States Army, Navy, Air Force, Coast Guard and Marines or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 consecutive working days per calendar year spent on duty, at annual encampment in connection with the reserve training and instruction of the Army, Navy, Air Force and Marines of the United States. This leave shall be in addition to annual vacation leave with pay. Employees in this plan who provide documentation to the City indicating that their military unit does not participate in annual encampment, but instead provides reserve training on a periodic basis throughout the year, in lieu of annual encampment, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent in such training. ��. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the District and Federal Courts whose jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee's salary 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. Failure to so return to work shall result in the forfeiture of that day's pay by such employee. 16 XI. INJURY LEAVE Injury Leave. The City shall establish rules governing the administration of an injury leave program for employees of the Operations Division of the Airport Authority 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 worker's 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 Director of the Department of Management Services who may make recommendations to the Mayor for final decisions; 6. If an employee is eligible for worker's 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" severance account, if applicable and authorized vacation time to supplement workers' compensation so that the employee is receiving the employee's regular net salary. 17 XII.,,DDITIONAL LEAVES OF ABSENCE. M. — di iena1 weaves—e —Abeenee Full -Time employees requesting leave for anticipated or short-term disability, such as maternity, surgery, or other medical reason, shall be allowed to take up to 6 months unpaid leave without loss of seniority or position at the discretion of the Department Director. Additional leaves of absence may be granted an employee at the discretion of the Department Director. XIII. INSURANCE A. Group Insurance. Employees of the City may participate in the City's group insurance plan in conformity with and under the terms of an insurance plan adopted by the Mayor covering such employees. Retired City employees, and other persons may also be permitted to participate in the plan under terms and conditions set forth by the Mayor. The Mayor shall cause the specific provisions of the group plan offered by the City to be detailed and made available to the employees. The City may 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. Employees eligible to participate in the group insurance plan shall be enrolled unless waivers are executed by employees desiring exemption, in the form and manner and at such times as the Mayor may direct. XIV. WORKERS COMPENSATION B. Workcr'o Compencation.,,_ A. In addition to the foregoing, the Mayor may provide for worker's compensation coverage to the employees under applicable provisions of State statute, and other related disability plans compensating employees of the City who are permanently and totally disabled while in the discharge of their official duties as defined by the City's Long Term Disability Program. B. The City will use reasonable efforts to make "light duty" work available to employees injured on the job as defined by the Worker's Compensation laws, provided that the employees are able to perform the "light duty" work and the employees have presented a release by their physician to the City certifying that the employees are able to work. 18 XV. LONG TERM DISABILITY COMPENSATION If an employee of thc City becomco entitled to receive workcr'o compcnoation ao a rcoult of ouffcring a City acrviec connected injury or it hens , ouch omp, ey,.e Shall be paid worker' o compenoation as provided by law; provided, however, that the employee may elect to uoc, during ouch dioability, out part of thcir accumulated nick love and va ation time, when added t their workcr'-e compeneation paymento, equalo their regular net wage or oalary; and provided further, that satisfactory evidence f Such election ahall be tra o ittcd by paid person t thc City'o Ri3k Manager, prior to payment. A. Optional long term disability is available to employees eligible under the City's Long Term Disability Program (Income Protection Program). B. The City, at its own expense, shall have the right and opportunity to examine the person of any employee when and as often as may reasonably be necessary during employment with the City and pendency of a disability hereunder. No employee refusing such examination shall be eligible for the benefits provided by this paragraph. Refusal to submit to treatment for disabilities shall be grounds for termination of compensation specified hereunder. When an injury for which compensation is payable under this paragraph shall be caused by the wrongful act or neglect of another employee of the City or person not in such employment, the City may require an employee claiming compensation hereunder, as a condition of receipt of such compensation, to assign to the City any action for damage against such third person the injured employee may have. XVI. LIGHT DUTY. An employee shall be allowed, by the applicable Department Director, if practical, placement in a light duty position while recovering from a temporary disability. XVII. 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 19 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. Such programs may include: 1. The Utah State Public Employees' Retirement System (Contributory and Non -Contributory) 2. Deferred Compensation Programs 3. Retirement Incentive Programs The City may deduct, as specified in Appendix "C."— from wages and salaries of employees covered by this paragraph, payroll deductions determined by the Mayor to be necessary to fund employee contributions to such programs. -BC. 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). XVIII. TERMINATION DUE TO RESIGNATIONS OR OTHERWISE Every employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for: A. Earned vacation time accrued, unused, and unforfeited as of the date of termination; and B. Unused compensatory time off. XIX. SEVERANCE BENEFIT A. Unless otherwise modified by the Mayor and subject to availability of funds, Executive employees shall receive the following severance benefit on termination of their employment: 1. Current Executive Employees, Who Were Bred Appointed as Executives Before January 1. 1989. Current Executive employees, who were hircd appointed as Executives before January 1, 1989, 20 shall receive a severance benefit determined as follows: a. These Executive employees each have an account, established by prior City policy, which is 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. On voluntary or involuntary termination of employment from the City, these Executive employees shall receive, at the time of separation, the cash value of their account. Said Executive employees, however, may, during their employment, use the hours in their account for sick leave purposes although such use would reduce the cash value. b. Current Executive employees, hircd appointed as Executives before January 1, 1989, shall receive, as a severance benefit, in addition to subparagraph A.1.a. above: One month's pay, determined on the date of termination, for each year of City employment, 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 H±—Appointed As Executives After January 1, 1989. Executive employees, hircd appointed as Executives after January 1, 1989, shall receive a severance benefit only for an involuntary termination from City employment. The severance benefit for said employees shall be: One month's pay, determined on the date of termination, for each year of City employment, not to exceed 6 months base salary 3. 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. b. An employee who has been requested by the Mayor to resign under bona fide charges of nonfeasance, misfeasance or malfeasance in office. 4. Replaces Early Retirement Incentive. An employee who elects and is paid a benefit under Section 2.52.025 of the Salt Lake City Code as amended (the early retirement incentive program) shall not receive a severance benefit as provided herein. XX. 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. g:\unions97\exec.doc 22 APPENDIX A - ELECTED OFFICIALS SALARY SCHEDULE July 1, 19961997 Mayor $797529 82,710 Council Members $ 5,,906 16,542 APPENDIX B - EXECUTIVE SALARY SCHEDULE July 1,1997 Class Minimum Midpoint 099 $6639 $8630 6831 8880 098 3.147 668-5 5296 6879 097 41175 5803 4605 5971 001 5359 6959 5514 7161 002 4891 6351 5032 6535 Maximum $4-0621 10929 8222 8460 7130 7337 8560 8808 7811 8038 Position Executive Director of Airports Deputy Exec. Dir. - Airports Director of Operations - Airport City Attorney Director - ManagementServices Chief of Police Director - Public Utilities Director - Public Services Fire Chief Director - Comm. & Econ. Dev. Executive Director - City Council 003 4622 4756 004 4207 4329 005 3977 4092 006 369-1 3798 5963 6136 5428 5585 5131 5280 4763 4901 3 Deputy to the Mayor 7515 Executive Assistant Chief Police Deputy City Attorney Deputy Director - Public Services 6649 Director - Eng. & Maint. - Airport 6842 Assistant Chief - Police Deputy Fire Chief Director - Redevelopment Planning Director Deputy Director - Mgmt. Services City Recorder City Prosecutor Director - Finance & Adm. - Airport Deputy Director - Public Utilities City Engineer Deputy Director - City Council Deputy Director - DCED 6284 Building & Housing Div. Manager 6466 Transportation Engineer Administrator - P. Util. Fin. & Adm. Adm. Services Director - Public Serv. 5834 Executive Assistant/ Mayor 6004 Controller City Treasurer Auditing & Reporting Manager Div. Director - Human Res. Mgt. Water Quality Administrator Recreation Director Director - Capital Ping. & Programming Director - Budget & Policy Director - Hsg. Development Services APPENDIX C UTAH STATE RETIREMENT SYSTEM Public Employee Contributory Retirement System Public Employee Non -Contributory Retirement System Public Safety Contributory Retirement System Public Safety Contributory Retirement System Public Safety Contributory Retirement System Executives Public Safety Non -Contributory Retirement System Firefighter Contributory Retirement System Executive Retirement Department Heads Specified Exempt Executives Public Safety Chief UTAH STATE RETIREMENT CONTRIBUTIONS FY 97/98 EMPLOYEE TOTAL EMPLOYEE TOTAL CONTRIBUTION CONTRIBUTION EMPLOYER PAID BY CITY CONTRIBUTION 0 0 4.34% 1.84% 0 0 0 0 0 0 6.00% 0 9.40% 11.90% 13.74 0 16.71 % 0 0 0 6.42%6.50% 10.24%10.51 % %21.82% %21.82% %21.82% 31 %33.68% 6.64%6.43% 18% 13% 25% GRAND TOTAL CONTRIBUTION .42%12.50% 40.24%10.51 % 34.12%35.56% 34%35.56% 34:.12%35.56% 31.51 %33.68% 23.359,23.14% 18% 13% 25% APPENDIX B-1 - EXECUTIVE SALARY SCHEI October 15,1997 Class Minimum Midpoint Maximum Position 099 $6831 $8880 $10929 Executive Director of Airports Z & iti i 0 Titigie p 098 5296 6879 8460 Deputy Exec. Dir. - Airports 097 4605 5971 7337 Director of Operations - Airport 001 5514 7161 8808 City Attorney Director - Management Services 002 5032 6535 8038 Chief of Police Director - Public Utilities Director - Public Services Fire Chief Director - Comm. & Econ. Dev. Executive Director - City Council 003 4756 6136 7515 Deputy to the Mayor Executive Assistant Chief - Police Deputy City Attorney Deputy Director - Public Services 004 4329 5585 6842 Director - Eng. & Maint. - Airport Assistant Chief - Police Deputy Fire Chief Director - Redevelopment Planning Director Deputy Director - Mgmt. Services City Recorder City Prosecutor Director - Finance & Adm. - Airport Deputy Director - Public Utilities City Engineer Deputy Director - City Council Deputy Director - DCED 005 4092 5280 6466 Building & Housing Div. Manager Transportation Engineer Administrator - P. Util. Fin. & Adm. Adm. Services Director - Public Serv. 006 3798 4901 6004 Executive Assistant/ Mayor Controller City Treasurer Auditing & Reporting Manager Div. Director - Human Res. Mgt. Water Quality Administrator Recreation Director Director - Capital Ping. & Programming Director - Budget & Policy Director - Hsg. Development Services Dir. - Olympic Opportunities Planning VI. CERTIFICATION INCENTIVE 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. 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. 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. 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. 2 VIII. HOLIDAYS AND VACATION Employees shall receive holidays and vacation as provided in this paragraph VIII. The Mayor shall provide, by policy, the specific terms and conditions upon which such holidays and vacation are to be made available to employees. 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. The first day of January, called New Year's Day. b. The third Monday of January, the anniversary of the birth of Martin Luther King. c. The third Monday in February, observed as President's Day. d. The last Monday of May, called Memorial Day. e. The fourth day of July, called Independence Day. f. The twenty-fourth day of July, called Pioneer Day. g The first Monday in September, known as Labor Day. h. The second Monday in October, known as Columbus Day. i. The eleventh day of November, known as Veteran's Day. j The fourth Thursday in November, known as Thanksgiving Day. k. The twenty-fifth day of December, called Christmas. 1. One personal holiday shall be taken upon request of the employee 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 3 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. Columbus Day may be celebrated within 50 days following the date of its actual occurrence as specified in this paragraph; provided, however, an employee may celebrate said Columbus Day on a day other than specified herein if a written request is approved in writing by the employee's supervisor, who shall have the discretion to approve any such request. 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 Executives (other than Department Directors) the following schedule shall apply: Completed years of Consecutive City Service Hours of Vacation Accrued Per Biweekly 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 3. Notwithstanding the above, Department Directors shall be eligible for 20 days vacation on January 1 of each of the first 14 years of employment with the City and 25 days each January 1 thereafter. 4 4. Employees may accumulate vacations, (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: After 6 months Up to 30 days After 9 years Up to 35 days After 14 years Up to 40 days Department Up to 40 days Directors "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. 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 favorable written recommendation of the employee's Department Director or the Mayor. 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 Management Services Director 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. IX. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE. A. Prior to November 16, 1997. Prior to November 16, 1997, Executive employees shall receive leaves of absence related to their illnesses, injuries or their dependents' illnesses or injuries under a plan as provided in paragraph IX.E. (Plan "A.") B. Election of Optional Plan. Effective November 16, 1997, there shall be available to Executive employees an optional plan for personal leave as provided in paragraph IX.F. (Plan "B.") In order to be covered by Plan "B": 1. The Executive employee must have been appointed before November 16, 1997. 2. The Executive employee must, between July 15, 1997 and October 15, 1997, sign and deliver to Human Resource Management a written authorization form electing to be covered by Plan "B" rather than Plan "A." C. Employees Who Do Not Elect Plan "B." Executive employees who do not elect to be covered by Plan "B" as provided herein, shall continue to be covered under Plan "A." D. Executive employees appointed on or after November 16, 1997. Executive employees appointed on or after November 16, 1997 shall be covered by Plan "B." E. 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 6 rules governing the interfacing of sick leave and worker's 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. 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 30 sick leave days (240 hours) may choose to convert a portion of the sick leave grant from any given year to vacation under the following schedules: (1) Executive employees may convert up to 64 accrued and unused sick leave hours to vacation based on the schedule below. More Number of Sick Leave Hours Used During Previous Calendar Year 0 8 16 24 32 40 than 40 Number of Sick Leave Hours Eligible for Conversion 64 56 48 40 32 16 0 (2) Any election by an Executive employee to convert sick leave to vacation time must be made by notifying Human Resource Management, in writing, on or before January 31 of each year; otherwise, no conversion will be allowed for that calendar year and such conversion privileges 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. (3) 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 any sick leave converted to vacation be entitled to any pay or compensation upon an employee's termination. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. d. Authorized and unused sick leave may be accumulated from year to year. 2. Hospitalization Leave a. In addition to the sick leave authorized herein, an Executive employee under this Plan "A" shall be entitled to 30 days hospitalization leave each calendar year, provided that such leave may be taken only if, and during the period that, such employee is actually confined to a hospital, acute care facility or other free standing out patient surgical facility as adopted under rules prescribed by the Mayor. Hospital leave shall not accumulate from year to year. b. No employee shall be entitled to receive hospitalization leave benefits for illness, injuries, or disability resulting from accidents arising out of or in the course of employment for an employer other than the City. c. Each employee who takes authorized hospitalization leave shall continue to receive their regular salary during absence from work for the periods set forth in this paragraph. d. The Mayor may establish rules which extend hospitalization leave to circumstances where an employee receives medical treatment on an outpatient basis, in lieu of hospital confinement. 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, grandfather, grandmother, grandchild, or stepchild, stepmother, stepfather, stepbrother or stepsister. 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, not to exceed 5 working days. Employees will be permitted one additional day of funeral leave on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular work shift. b. 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 services for such person, not to exceed one shift. c. In the event of death of friends or relatives not listed above, an employee may be granted time off without pay while attending the funeral services for such person, not to exceed 4 hours. d. In the event the death of any member of the immediate family as set forth in this paragraph IX.E.3 occurs while an employee is on vacation, their vacation will be extended by the amount of time authorized as funeral leave under said paragraph. e. 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 an Executive employee covered by this Compensation Plan for the following reasons: 1. Becoming a parent through birth or adoption of a child or children. 2. Due to the hospitalization of the employee's child, spouse, or parent. 3. To care for an employee's ill or injured child, spouse or parents. b. The following provisions apply to the use of dependent leave by an Executive employee. 1. Dependent leave may be granted with pay on a straight time basis. 2. 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 gives notice 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 40 hours of dependent leave used during the fiscal year will not affect the sick leave conversion options as outlined in paragraph IX.E.1.c. Probationary employees are not eligible for dependent leave. 5. Retirement Benefit. a. At retirement, an employee (or his or her estate, where death follows retirement, at any time, but precedes payment) shall be eligible to receive a retirement benefit as stipulated in Salt Lake City Ordinance No. 57 of 1992 (Section 2.52.025 of the Salt Lake City Code). Persons who retire under the eligibility requirements of the Utah State Retirement Systems and are not eligible under the above referenced Ordinance 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. 10 b. In lieu of the above, employees may elect 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 dollar allowance determines the number of months of medical and surgical coverage which may be purchased. 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. c. Retirement benefits provided in this paragraph IX.E.5 are subject to appropriation of funds. Further, the City Council may, at any time, amend, modify or repeal Section 2.52.025 of the Salt Lake City Code. F. Plan 1. 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, subject to the operational requirements of the City. 2. Each Executive employee under this Plan "B" shall be awarded, at the beginning of the second pay period of November in each calendar year, personal leave hours based on the following schedule: Months of Hours of Personal Consecutive Leave City Service Less than 6 40 Less than 24 60 24 or more 80 11 3. On or before the beginning of the second period of November in each calendar year, employees covered by Plan "B" may elect, by notifying Human Resource Management 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 subject to appropriation of funds. For purposes of this benefit, personal leave will be prorated based on when, in the calendar year, the employee terminates employment with the City. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour. 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. 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, grandfather, grandmother, grandchild, or stepchild, stepmother, stepfather, stepbrother or stepsister. 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, not to exceed 5 working days. Employees will be permitted one additional day of funeral leave on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular work shift. Satisfactory proof of such death, together with the date thereof, the date and location of the funeral, and the date of burial, must, on request, be furnished by the employees to their supervisor. 8. Career Enhancement Leave. 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 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. Retirement Benefit. a. Executive employees covered under Plan "B" shall have a retirement benefit as follows: (1) Executive employees appointed before January 1, 1989 will have an account equal to sixty percent of unused sick leave accrued after December 31, 1988 available on November 16, 1997 ("Plan `B' severance account.") 13 (2) Executive employees who were appointed as executives on and after January 1, 1989 shall have an account equal to sixty percent of accrued unused sick leave available on November 16, 1997 ("Plan 'B' severance account.") (3) After November 16, 1997, the Executive employee covered under Plan "B" shall have no other accumulated sick leave except for those hours, if any, in the severance accounts provided in paragraphs XIX and XI.F.9. (4) (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" severance account. (b) In lieu of the above, the Executive employee may elect 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. Employee's available dollar amounts determines the number of months of medical and surgical coverage which may be purchased. If insurance costs increase due to group experience the number of months of coverage will decrease. (c) Because of this retirement benefit, employees covered by Plan "B" shall not be eligible for any benefits under Section 2.52.025 of the Salt Lake City Code. (d) Hours may be withdrawn from the Plan "B" severance 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 14 election in writing to the Mayor to use said hours to supplement workers' compensation benefits. 10. On January 1, 1998, employees under this Plan "B" may convert sick leave accrued and unused from January 1, 1997 to November 15, 1997 to vacation according to the schedule provided in paragraph IX.E.1.c. 11. Short Term Disability Insurance. 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. X. MILITARY LEAVE AND JURY DUTY A. Military - Entry Into Service. Employees who enlist or are called or inducted into and enter active service in the State Militia or any branch of the Federal Military, Naval, Air, or Marine service shall be entitled to absent himself or herself without pay as required by State and Federal law. B. Military - Annual Encampment. Employees covered in this plan who are or shall become members of the Organized Reserve of the United States Army, Navy, Air Force, Coast Guard and Marines or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 consecutive working days per calendar year spent on duty, at annual encampment in connection with the reserve training and instruction of the Army, Navy, Air Force and Marines of the United States. This leave shall be in addition to annual vacation leave with pay. Employees in this plan who provide documentation to the City indicating that their military unit does not participate in annual encampment, but instead provides reserve training on a periodic basis throughout the year, in lieu of annual encampment, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent in such training. C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the District and Federal Courts whose 15 jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee's salary 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. Failure to so return to work shall result in the forfeiture of that day's pay by such employee. XI. 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 Airport Authority 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 worker's 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 Director of the Department of Management Services who may make recommendations to the Mayor for final decisions; 16 6. If an employee is eligible for worker's 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" severance account, if applicable and authorized vacation time to supplement workers' compensation so that the employee is receiving the employee's regular net salary. XII. ADDITIONAL LEAVES OF ABSENCE. Full -Time employees requesting leave for anticipated or short-term disability, such as maternity, surgery, or other medical reason, shall be allowed to take up to 6 months unpaid leave without loss of seniority or position at the discretion of the Department Director. Additional leaves of absence may be granted an employee at the discretion of the Department Director. XIII. INSURANCE A. Group Insurance. Employees of the City may participate in the City's group insurance plan in conformity with and under the terms of an insurance plan adopted by the Mayor covering such employees. Retired City employees, and other persons may also be permitted to participate in the plan under terms and conditions set forth by the Mayor. The Mayor shall cause the specific provisions of the group plan offered by the City to be detailed and made available to the employees. The City may 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. Employees eligible to participate in the group insurance plan shall be enrolled unless waivers are executed by employees desiring exemption, in the form and manner and at such times as the Mayor may direct. XIV. WORKERS COMPENSATION A. In addition to the foregoing, the Mayor may provide for worker's compensation coverage to the employees under applicable provisions of State statute, and other related disability plans compensating employees of the City who are permanently and totally disabled while in the discharge of their official duties as defined by the City's Long Term Disability Program. 17 B. The City will use reasonable efforts to make "light duty" work available to employees injured on the job as defined by the Worker's Compensation laws, provided that the employees are able to perform the "light duty" work and the employees have presented a release by their physician to the City certifying that the employees are able to work. XV. LONG TERM DISABILITY COMPENSATION A. Optional long term disability is available to employees eligible under the City's Long Term Disability Program (Income Protection Program). B. The City, at its own expense, shall have the right and opportunity to examine the person of any employee when and as often as may reasonably be necessary during employment with the City and pendency of a disability hereunder. No employee refusing such examination shall be eligible for the benefits provided by this paragraph. C. Refusal to submit to treatment for disabilities shall be grounds for termination of compensation specified hereunder. D. When an injury for which compensation is payable under this paragraph shall be caused by the wrongful act or neglect of another employee of the City or person not in such employment, the City may require an employee claiming compensation hereunder, as a condition of receipt of such compensation, to assign to the City any action for damage against such third person the injured employee may have. XVI. LIGHT DUTY. An employee shall be allowed, by the applicable Department Director, if practical, placement in a light duty position while recovering from a temporary disability. XVII. 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 18 its' retirement program(s) under terms and conditions established by the Mayor. Such programs may include: 1. The Utah State Public Employees' Retirement System (Contributory and Non -Contributory) 2. Deferred Compensation Programs 3. Retirement Incentive Programs The City may deduct, as specified in Appendix "C," from wages and salaries of employees covered by this paragraph, payroll deductions determined by the Mayor to be necessary to fund employee contributions to such programs. C. 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). XVIII. TERMINATION DUE TO RESIGNATIONS OR OTHERWISE Every employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for: A. Earned vacation time accrued, unused, and unforfeited as of the date of termination; and B. Unused compensatory time off. XIX. SEVERANCE BENEFIT A. Unless otherwise modified by the Mayor and 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. These Executive employees each have an account, established by prior City policy, which is credited with a cash value equal to the total accrued sick leave hours available 19 to the employee on December 31, 1988 multiplied by said employee's hourly rate of pay in effect on December 31, 1988. On voluntary or involuntary termination of employment from the City, these Executive employees shall receive, at the time of separation, the cash value of their account. Said Executive employees, however, may, during their employment, use the hours in their account for sick leave purposes although such use would reduce the cash value. b. Current Executive employees, appointed as Executives before January 1, 1989, shall receive, as a severance benefit, in addition to subparagraph A.1.a. above: One month's pay, determined on the date of termination, for each year of City employment, 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 After January 1, 1989. Executive employees, appointed as Executives after January 1, 1989, shall receive a severance benefit only for an involuntary termination from City employment. The severance benefit for said employees shall be: One month's pay, determined on the date of termination, for each year of City employment, not to exceed 6 months base salary 3. 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 20 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. b. An employee who has been requested by the Mayor to resign under bona fide charges of nonfeasance, misfeasance or malfeasance in office. 4. Replaces Early Retirement Incentive. An employee who elects and is paid a benefit under Section 2.52.025 of the Salt Lake City Code as amended (the early retirement incentive program) shall not receive a severance benefit as provided herein. XX. 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. g:\unions97\exec 9-2 amendment 21 APPENDIX A - ELECTED OFFICIALS SALARY SCHEDULE July 1, 1997 Mayor $82,710 Council Members $16,542 APPENDIX B - EXECUTIVE SALARY SCHEDULE July 1, 1997 Class Minimum Midpoint Maximum Position 099 $6831 $8880 $10929 Executive Director of Airports 098 5296 6879 8460 Deputy Exec. Dir. - Airports 097 4605 5971 7337 Director of Operations - Airport 001 5514 7161 8808 City Attorney Director - Management Services 002 5032 6535 8038 Chief of Police Director - Public Utilities Director - Public Services Fire Chief Director - Comm. & Econ. Dev. Executive Director - City Council 003 4756 6136 7515 Deputy to the Mayor Executive Assistant Chief - Police Deputy City Attorney Deputy Director - Public Services 004 4329 5585 6842 Director - Eng. & Maint. - Airport Assistant Chief - Police Deputy Fire Chief Director - Redevelopment Planning Director Deputy Director - Mgmt. Services City Recorder City Prosecutor Director - Finance & Adm. - Airport Deputy Director - Public Utilities City Engineer Deputy Director - City Council Deputy Director - DCED 005 4092 5280 6466 Building & Housing Div. Manager Transportation Engineer Administrator - P. Util. Fin. & Adm. Adm. Services Director - Public Serv. 006 3798 4901 6004 Executive Assistant/ Mayor Controller City Treasurer Auditing & Reporting Manager Div. Director - Human Res. Mgt. Water Quality Administrator Recreation Director Director - Capital Ping. & Programming Director - Budget & Policy Director - Hsg. Development Services COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION EXECUTIVE EMPLOYEES AND ELECTED OFFICIALS. I. EFFECTIVE DATE The provisions of this plan shall be effective, commencing July 1, 1997. 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). 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, 1997 to Junc 30, 1998 October 14 1997, Executive employees shall be paid within ranges provided in the schedule attached hereto as Appendix "B." From October 15, 1997 to June 30, 1998, Executive employees shall be paid within ranges provided in the schedule attached hereto as Appendix "B-1". C. Other Forms of Compensation 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 payments to employees within per annum pay limitations; or classifying and advancing employees under rules established by the Mayor. IV. LONGEVITY PAY Executive employees shall not be eligible for longevity benefits. V. OVERTIME COMPENSATION Executive employees do not receive overtime compensation.