Number
080516
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to employe benefits for nonrepresented, noncivilian fire management employes.
Sections
350-37-13-b-6-c am
350-37-13-b-6-e am
350-37-13-c-1-a am
350-37-13-c-1-e rp
350-37-13-c-1-f rp
350-37-13-c-1-g rp
350-37-13-c-1-h rp
350-37-13-d-4 am
350-38-1-a-1 rc
350-38-1-a-2-a am
350-38-1-b-1-0 am
350-38-1-b-2 am
350-38-1-c-4 cr
350-91-1-b am
350-91-2-b cr
350-91-4-b am
350-149-2-b am
350-149-2-c am
350-149-3-a am
350-149-3-d am
350-150-1-a rc
350-150-1-b rc
350-150-1-c rp
350-152.5-1-d rp
Analysis
This ordinance amends employe benefits for nonrepresented, noncivilian fire management employes by updating position titles and making changes to payment agreements, uniform allowances, degrees and colleges acceptable to the educational program, and the terminal leave benefit.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 350-37-13-b-6-c and e, and c-1-a of the code is amended to read:
350-37. Sick and Disability Leave.
13. FIRE DEPARTMENT EMPLOYES.
b. Sick Leave.
b-6-c. An employe may be required to provide acceptable medical substantiation from a private physician or dentist for each absence, regardless of duration, if the >>fire<< chief [[engineer, fire]] is informed or believes that the employe is misusing sick leave. Under such circumstances, the city shall not be responsible for the payment of any fee charged by the physician or dentist.
b-6-e. The >>fire<< chief [[engineer, fire,]] reserves the right to order a department representative or physician to investigate any case at any time and to further order appropriate treatment on the advice of the department physician. The department physician has the authority to order an employe on sick leave to return to duty.
c-1-a. [[Chief engineer, fire]] >>Fire chief<<.
Part 2. Section 350-37-13-c-1-e to h of the code is repealed.
Part 3. Section 350-37-13-d-4 of the code is amended to read:
d. Sick Leave Control Incentive Payments for Nonrepresented, Noncivilian Management Employes.
d-4. Payments. [[Effective trimester 1, 2003, in]] >>In<< each of the trimester periods set forth in subd. 2 that an employe is eligible for a sick leave control incentive payment as provided for in subd. 3, the employe shall be entitled to receive a lump-sum cash payment equal to $200. >>Effective trimester 1, 2009, in each of the trimester periods, 8 hours of pay at the base salary hourly rate of a top step firefighter in effect on the last day of the trimester for which the payment was earned<<.
Part 4. Section 350-38-1-a-1 of the code is repealed and recreated to read:
350-38. Terminal Leave Compensation (Unused Sick Leave).
1. FIRE DEPARTMENT EMPLOYES. a. Eligibility. a-1. Employes shall be eligible for benefits under this section when they retire from active service on or after March 1, 1985, in one of the following position classifications:
a-1-a. Battalion chief, fire.
a-1-b. Deputy chief, fire.
a-1-c. First assistant chief engineer.
a-1-d. Fire chief.
Part 5. Section 350-38-1-a-2-a of the code is amended to read:
a-2-a. An employe whose normal hours of work average at least [[52.3]] >>49.8<< hours per week at the time of retirement and who is eligible for terminal leave compensation by virtue of this paragraph, shall upon retirement be entitled to a lump-sum payment equivalent to the amount allocable to the employe's regular work shift on the basis of the hourly rate of pay for the current average work week in effect on the date such retirement as established under s. 350-143-1 for each one week shift equivalent to the employe's earned and unused sick leave up to a maximum of 15 such work shifts of pay.
Part 6. Section 350-38-1-b-1-0 and 2 of the code is amended to read:
b. Compensation.
b-1. Employes Whose Normal Hours of Work Average at Least [[52.3]] >>49.8<< Hours Per Week. An employe whose normal hours of work average at least [[52.3]] >>49.8<< hours per week at the time of retirement and whose effective retirement date is on or after March 1, 1985, and who [[are]] >>is<< eligible for terminal leave compensation under par. a shall upon retirement be entitled to a lump-sum payment in an amount equal to each work shift equivalent of unused sick leave at retirement as follows:
b-2. Employes Whose Normal Hours of Work Average 40 Hours Per Week. An employe whose normal hours of work average 40 hours at the time of retirement and whose effective retirement date is on or after March 1, 1985, and who is eligible for terminal leave compensation by virtue of par. a, shall upon retirement be entitled to a lump-sum payment in an amount equal to each work shift and equivalent of unused sick leave at retirement as follows:
Amount Per
Position
[[Motor vehicle operator instructor]] [[$23.80]]
[[Assistant chief dispatcher of fire
alarm and telegraph]] [[$24.57]]
Battalion chief, fire $28.00
[[Chief dispatcher of fire alarm
and telegraph]] [[$28.00]]
[[Assistant superintendent of construction
and maintenance]] [[$28.00]]
Deputy chief, fire $30.33
[[Deputy chief, fire training and
special services]] [[$30.33]]
First assistant chief engineer $30.33
[[Chief engineer, fire]] >>Fire chief<< $30.33
Part 7. Section 350-38-1-c-4 of the code is created to read:
c. Administration.
c-4. An eligible employe retiring on or after January 1, 2008, shall receive, in lieu of the benefit provided in par. b, a terminal leave benefit that provides one 24-hour work day’s base salary pay for each 11 work days (24-hour work days) of accumulated unused sick leave rounded down to the nearest multiple of 11. Sick leave accumulated on an 8-hour basis shall be converted to 24-hour work days based on one 8-hour work day equaling 0.467 of a 24-hour work day. Employes who have fewer than 40 24-hour work days of accumulated unused sick days shall not be eligible to receive any terminal leave benefit.
Part 8. Section 350-91-1-b of the code is amended to read:
350-91. Fire Department: Uniform and Clothing Allowance.
1. POSITIONS ELIGIBLE.
b. [[Effective calendar year 2006, members]] >>Members<< of the honor guard shall receive, in addition to the amount provided in par. a, an annual maintenance allowance of $50. >>Effective for payments for calendar year 2009 and after, the annual honor guard maintenance allowance shall be $60.<<
Part 9. Section 350-91-2-b of the code is created to read:
2. INITIAL ITEMS.
b. Effective June 1, 2008, employes promoted to the rank of battalion chief shall upon regular appointment to that rank be provided with one dress coat, one 8-point dress cap, one pair of dress trousers and one dress overcoat. These items shall be provided on a one-time only basis.
Part 10. Section 350-91-4-b of the code is amended to read:
4. REPLACEMENT.
b. The department shall replace articles of initial issue and, in addition, firefighting gloves and boots for classifications listed in sub. [[1-a to e]] >>1-a-1 to 4<<, whenever such articles have been condemned by the chief on account of normal wear and tear.
Part 11. Section 350-149-2-b and c, and 3-a of the code is amended to read:
350-149. Fire Department: Educational Program.
2. BENEFITS.
b. [[Effective for calendar year 2003 payments, an]] >>An<< employe who has a bachelors degree in public administration, business administration or management, psychology, nursing, [[personal]] >>personnel<< administration or management, or an equivalent degree, such equivalency determined by the department of employe relations, >>and effective for payments for calendar year 2009, public health, chemical engineering, training and development, physical education, health education, or physician assistant,<< shall be eligible for an annual payment of $325, subject to the terms and conditions set forth in sub. 3.
c. An eligible employe who has attained a masters degree in public administration, business administration or management, psychology, nursing, personnel administration or management, or an equivalent degree, such equivalency determined by the department of employe relations, >>and effective for payments for calendar year 2009, public health, chemical engineering, training and development, physical education, health education, or physician assistant<< shall be eligible for an annual payment of $425, subject to the terms and conditions set forth in sub. 3.
3. ADMINISTRATION.
a. Only degrees from colleges and universities accredited by the North Central Association of Colleges and Secondary Schools, >>and effective for payments for calendar year 2009, Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, Inc., Northwest Association of Colleges and Schools, Southern Association of Colleges and Schools and the Western Association of Schools and Colleges<< shall be eligible for the payments provided in sub. 2.
Part 12. Section 350-149-3-d of the code is amended to read:
d. An employe who has earned a degree pursuant to this section shall request that the degree-granting institution send a report to the fire department with a statement as to the date on which the degree was conferred, the major field of study pursued, and that the institution was accredited by the North Central Association of Colleges and Secondary Schools >>, or effective for payments for calendar year 2009, Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, Inc., Northwest Association of Colleges and Schools, Southern Association of Colleges and Schools and the Western Association of Schools and Colleges<< at the time the degree was granted.
Part 13. Section 350-150-1-a and b of the code is repealed and recreated to read:
350-150. Recall Allowance.
1. POSITIONS ELIGIBLE.
a. Battalion chief classifications.
b. Deputy chief, fire.
Part 14. Section 350-150-1-c of the code is repealed.
Part 15. Section 350-152.5-1-d of the code is repealed.
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
LRB08469-3
MET
10/27/08