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HomeMy WebLinkAbout3409• • ORDINANCE NO. 3 4 0 9 AN ORDINANCE of the City of Port Angeles, Washington, approving the Voluntary Separation Program. Whereas, in an effort to respond to decreasing revenues, City Council desires to offer regular full time and regular part time employees an option to voluntarily retire or resign from employment; and Whereas, to encourage participation in the Voluntary Separation Program, the City will offer a financial incentive to eligible employees who opt to participate in the Program; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. The City Manager is authorized to implement a Voluntary Separation Program, consistent with the program criteria in the attached Exhibit A. The City Manager is further authorized to adopt and implement such requirements, qualifications, procedures, and conditions as are necessary and appropriate to implement and carry out the program. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. • Section 4 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of September, 2010. ATTEST: rsa Hurd, City Clerk PUBLISHED: September 2 6 , 2010 By Summary DIGUI IO, AYOR APPRO ED AS TO FO William E. Bloor, City Attorney G:\LEGAL\a ORDINANCES &RESOLUTIONS \ORDINANCES.2010 \19 - Voluntary Separation Program.090810.wpd (September 16, 2010) • CITY OF PORT ANGELES VOLUNTARY SEPARATION PROGRAM Program Criteria The City Manger is authorized to implement and administer a Voluntary Separation Program consistent with the following criteria: • The Voluntary Separation Program is a management tool implemented for the sole purpose of responding to decreasing revenue and is not an employee right. The program is intended to offer eligible employees an incentive to voluntarily resign or retire from the City by December 31, 2010. • The Program is offered only in 2010, with the goal of effecting a savings in the 2011 budget. The Program should also produce a quantifiable, on -going budget savings to the City. • Participation in the program is entirely voluntary. The program shall not be used to pressure, coerce, or target particular employees. • All regular full time and regular part time employees enrolled in the City's health benefits and who have completed a minimum of 5 years of service are eligible to participate. • Employees not eligible for the Program include: temporary employees, contract employees, employees who previously retired from the City and then were re- employed, and employees who submitted a notice of retirement or resignation . orally or in writing before September 26, 2010. • Employees who participate in the Program shall be paid a lump sum amount equal to the employee's medical insurance premiums for the 12 months, based on the medical programs in effect in. December, 2010, or the amount of $10,000.00, whichever is less. • An employee accepted into the program will be ineligible for unemployment compensation. • Compensation paid under the Voluntary Separation Program will have no vesting . with the State Department of Retirement Systems. • Employees who participate in the Program will be required to sign a Release and Waiver Agreement waiving any claims under the Age Discrimination in Employment Act (AREA) and Older Workers Benefit Protection Act (OWBPA). 1 • Employees choosing to participate in the Program must terminate employment with the City of Port Angeles effective no later than December 31, 2010. • An employee who participates in the Program will not be eligible to return to service as a City employee within five years after the effective date of the Release and Waiver Agreement unless the employee agrees to repay to City the incentive payment. • Normal procedures will be followed pursuant to City policy and the labor contracts for cash out of sick leave, vacation, accrued compensatory time, Retiree Health Savings plan or other forms of compensation. • The City Manager is authorized to adopt such other criteria, procedures, conditions, and requirements as are consistent with the foregoing criteria, with the needs of the City, and with federal, state, and local laws and regulations. G:\LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES.2010 \19 - Voluntary Separation.Program- Exhibit A.090810 v3.doc 2