Number
121509
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to clothing allowances for certain employees in the department of public works.
Sections
Subchapter 5 of Chapter 350 (title) am
350-90-0 am
350-90-5 am
350-90-6 am
350-92-5 rp
350-93 cr
Analysis
This ordinance establishes that effective pay period 2, 2012, certain employees of the department of public works shall be eligible to receive an annual clothing allowance as determined by the department of public works. Operations driver/workers and tractor operators shall be eligible to receive $215, and certain other employees shall be eligible to receive $110.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Subchapter 5 of chapter 350 (title) is amended to read:
[[UNIFORM]] >>UNIFORMS<< AND CLOTHING [[ALLOWANCE]] >>ALLOWANCES<<
Part 2. Section 350-90-0 of the code is amended to read:
350-90. [[Uniform]] >>General Provisions; Uniforms<< and Clothing [[Allowance]] >>Allowances<<. Unless stated otherwise in a certified collective bargaining agreement while it is in force and in effect, [[uniform]] >>uniforms<< and clothing [[requirements]] >>allowances<< shall be as follows:
Part 3. Section 350-90-5 of the code is amended to read:
5. MINIMUM DAYS' SERVICE. No payment >>made under this subchapter<< shall be made for service in a uniformed status for any calendar month in which the employee is on the payroll for less than 14 days, exclusive of any mandatory furlough time. One full month's allowance shall be granted for service in a uniformed status in any calendar month during which the employee is on the payroll for 14 days or more. In the event of death of an employee of uniformed status, uniform allowance shall be paid for time accrued, if this amounts to 14 days or more for the calendar month.
Part 4. Section 350-90-6 of the code is amended to read:
6. PAYMENTS NOT TO AFFECT PENSION. Payments made under this [[section]] >>subchapter<< shall not be construed as being part of the employee's base salary and shall not be included in the computation of any fringe benefits. Such payments shall not have any sum deducted for pension benefits, nor shall such payments be included in any computation establishing pension benefits or payments.
Part 5. Section 350-92-5 of the code is repealed.
Part 6. Section 350-93 of the code is created to read:
350-93. Department of Public Works; Clothing Allowance.
1. CLOTHING ALLOWANCE. Effective pay period 2, 2012, certain employees in the department of public works who meet the criteria set forth in sub. 2 shall be eligible for an annual clothing allowance.
2. ELIGIBILITY.
a. Operations driver/workers, sanitation workers and tractor operators shall be eligible to receive $215 as an annual clothing allowance.
b. Employees with job titles not specified in par. a shall be eligible to receive $110 as an annual clothing allowance based on job assignments identified by the department of public works.
c. The department of public works may establish additional eligibility criteria for employees identified in pars. a and b to be eligible to receive an annual clothing allowance. A pro rata adjustment computed to the nearest calendar month shall be made by the department of public works for employees eligible for the specified payment for less than a calendar year.
3. ANNUAL PAYMENT.
a. For an eligible employee to receive the clothing allowance payment for calendar year 2012, the employee shall have met the eligibility criteria set forth in sub. 2 in 2012, and have been on the payroll, or on an authorized leave of absence, on or after April 1, 2013. No employee who has received a clothing allowance payment for 2012 prior to the effective date of this ordinance [city clerk to insert date] shall be eligible to receive any additional clothing allowance payment for 2012.
b. Annual payments for calendar year 2013 and thereafter shall be made at a time as determined by the department of public works.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Department of Employee Relations
Drafter
LRB145333-2
Mary E. Turk
3/11/2013