NUMB:
981201
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to certain benefits for unrepresented, non-civilian management positions in the police department.
SECS:
350-40-15-a rc
350-40-15-b-3 rc
350-40-15-b-4 rc
350-40-15-b-5 rp
350-40-15-b-5 cr
350-40-15-b-6 rp
350-40-15-b-6 cr
350-40-15-b-7 rp
350-40-15-b-7 cr
350-40-15-b-8 rp
350-40-15-b-9 rp
350-40-15-b-10 rp
350-40-15-b-11 rn
350-40-15-c cr
ANLS:
- Analysis -
This ordinance brings the vacation leave accrual system for unrepresented, non-civilian management positions in the police department into conformity with that of general city managers and other employe groups that accrue vacation on a biweekly basis.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 350-40-15-a of the code is repealed and recreated to read:
350-40. Vacations.
POLICE DEPARTMENT.
a. Members of the Police Force.
a-1. Special Service Credit. Police department employes in active service and in the following position classifications shall have time spent on duty disability pension included as years of service for purposes of computing current and prospective vacation benefits:
a-1-a. Chief of police.
a-1-b. Assistant chief of police.
a-1-c. Deputy chief of police.
a-1-d. Police commander.
a-1-e. Inspector of police.
a-1-f. Deputy inspector of police assigned to the personnel division.
a-2. Police Heroism. The chief of police is authorized to establish departmental rules in accordance with city ordinances for the purpose of granting additional vacation and off days to members of the police force who demonstrate outstanding merit in the apprehension of criminals and meritorious acts of heroism and bravery beyond the call of duty. No more than 14 additional off days shall be granted to any one member of the police force in a calendar year.
Part 2. Section 350-40-15-b-3 and 4 of the code is repealed and recreated to read:
b. Nonrepresented Members of the Police Force and Nonrepresented Police Aides.
b-3. Time Earned for Annual Vacation Periods; Effective Pay Period 1, 1999. Effective pay period 1, 1999, vacation time for nonrepresented members of the police force and police aides not represented by a collective bargaining unit shall be earned at the following rates:
b-3-a. 3.1 hours per pay period for employes who have completed fewer than 6 years of service.
b-3-b. 4.7 hours per pay period for employes who have completed 6 years but fewer than 11 years of active service.
b-3-c. 6.2 hours per pay period for employes who have completed 11 years but fewer than 22 years of service.
b-3-d. 7.7 hours per pay period for employes who have completed 22 years of service.
b-3-e. The chief of police shall be entitled to 15 vacation days per calendar year, earned at the rate of 4.7 hours per pay period, regardless of length of active service. If the chief has at least 11 years but fewer than 22 years of active service with the city, he or she shall be entitled to 20 vacation days per calendar year, earned at the rate of 6.2 hours per pay period. If the chief has at least 22 years of active service with the city, he or she shall be entitled to 25 vacation days per calendar year, earned at the rate of 7.7 hours per pay period.
b-3-f. Effective pay period 1, 1999, the amount of vacation earned by a member of the police force in 1998 for use in 1999 shall be placed in a transitional vacation account(TVA). TVA hours may be scheduled with the approval of the chief. A member of the police force may not borrow vacation hours until all of his or her TVA hours have been exhausted.
b-4. Limitations. The amount of vacation time taken during a fiscal year, except for separation from service as provided in par. 5, shall normally be limited to the annual maximum consistent with par. c. Additional vacation may be taken only with the approval of the chief of police.
Part 3. Section 350-40-15-b-5 to 7 of the code is repealed and recreated to read:
b-5. Early Vacation; Separation. Vacation time taken before the full amount has been earned shall be considered time owed the city until it is earned. An employe who has completed one year of vacation eligible service may borrow up to 80 hours of vacation before it is earned. Any employe who leaves the service of the city due to resignation, retirement, termination, discharge, lay off or death will have the compensation for vacation time owed the city deducted from the final pay check. In the event the employe's last pay check is for an amount less than the amount of compensation owed the city, a deduction shall also be made from the employe's next preceding pay check that covers the balance of compensation owed the city. Any employe who leaves the service of the city due to resignation, retirement, lay off or death or who takes military leave will be paid for earned vacation time that has accumulated. Discharged employes are not entitled to pay for accumulated vacation time.
b-6. Employes on Injury Leave. An employe who is on authorized injury leave as result of a duty-incurred injury may use vacation scheduled during the period of such leave provided the police department administration receives a written advance request to use the vacation and provided the employe's private physician has authorized the use of this vacation.
b-7. Employes on Sick Leave. Employes who have scheduled vacation during a period of authorized sick leave shall abide by the rules and procedures of the department.
Part 4. Section 350-40-15-b-8 to 10 of the code is repealed.
Part 5. Section 350-40-15-b-11 of the code is renumbered 350-40-15-b-8.
Part 6. Section 350-40-15-c of the code is created to read:
c. Maximum Vacation Balances. c-1. The maximum amount of vacation an employe can maintain in his or her vacation account shall be as follows:
c-1-a. 160 hours for employes who have completed fewer than 6 years of service.
c-1-b. 200 hours for employes who have completed 6 years of service but fewer than 11 years of service.
c-1-c. 240 hours for employes who have completed 11 years of service but fewer than 22 years of service.
c-1-d. 280 hours for employes who have completed at least 22 years of service.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DER - Labor Relations
DFTR:
LRB98489.1
lme
12/10/98