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HomeMy WebLinkAbout92-2899109 Police - Vacation/Accumulated Sick Leave ORDINANCE NO. 92-2899 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS PROVIDING FOR SICK LEAVE BUY BACK AND ADDITIONAL VACATION LEAVE FOR ALL CERTIFIED POLICE OFFICERS; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE. WHEREAS, the City Council finds it in the best interest of the City of Plalnview to create a system where certified police officers can be compensated for accumulated sick leave; and WHRREA~, the City Council finds it in the best interest of the City of Plainview to revise the manner in which vacation time is computed for certified police officers; NOW THEREFORE BI~ IT ORDAINED by the City Council of the City of Plainview, Texas that: Section 1. Acc~]mnlRtion alld Payment af Sick Leave. (A) (B) A certified police officer is allowed sick leave with pay accumulated at the rate of 1 1/4 full working days for each full month employed in a calendar year, so as to total fifteen (15) working days to an officer's credit each twelve (12) months. A certified police officer may accumulate up to ninety (90) work days of sick leave and may use the leave if unable to work because of bona fide illness. (C) A certified police officer who leaves the Department for any reason is entitled to receive, in a lump sum payment, the full amount of the officer's salary for accumulated sick leave limited by the following criteria: (1) The lump sum payment shall be computed by compensating the officer for the accumulated time at his ! her current classification. pay (2) The maximum number of days that may be accumulated for purposes of use as actual sick leave or computation of sick leave payment shall never exceed ninety (90) days. (D) To facilitate the settlement of the accounts of deceased police officers, all unpaid compensation, including all accumulated sick leave, due at the time of death to an active police officer who dies as a resuR of a line-of-duty injury or illness, shall be paid to the persons in the first applicable category of the following prioritized list: (1 of 3) 1!0 (1) to the beneficiary or beneficiaries the police officer designated in writing to receive the compensation and filed with the personnel department before the person's death; (2) to the police officer's widow or widower; (3) to the police officer's child or children and to the descendants of a deceased child, by representation; (4) to the police officer's parents or to their survivors; or (5) to the properly appointed legal representative of the police officer's estate, or in the absence of a representative, to the person determined to be entitled to the payment under the state law of descent and distribution. (E) Accumulation and payment of sick leave criteria for certified police officers shall not apply to the Director of Public SafetylChief of Police or civilian police employees. Section 2. Vacation Leave. (A) Each police officer is entitled to earn a minimum of fifteen (15) working days' vacation leave with pay each year. (B) In computing the length of time a police officer may be absent from work on vacation leave, only those calendar days during which the person would be required to work ff not on vacation may be counted as vacation days. (C) A police officer may accumulate vacation leave to the extent allowable and as set out in ยง 5.4(c) of the City of Piainview Personnel Policy. (D) Accumulation and payment of vacation leave criteria for certified police officers shall not apply to the Director of Public Safety/Chief of Police or civilian police employees. Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding sbal! not affect the validity of the remaining provisions thereof. Section 4. Cumldativeness. Provisions of this Ordinance are cumulative and nothing herein sba11 prevent, alter, or diminish the applicability on enforcement of other ordinances restricting, regulating, or goverring the subject matter herein. (2 of 3) 111 Section 5. Conflicts. All ordinances or portions of any ordinance of the City of Plainview, Texas, in conflict herewith, are hereby amended to conform with the provisions hereof. Section 6. Effective Date. This Ordinance shall become effective on February 1, 1992. PASSED AND APPROVED THIS 28th DAY OF JANUARY, 1992. E.V. Ridlehuber, Mayor ATTEST: Kar~n~Mc~et h~, ~Cil~y S~e cretary D AS TO CONTENT<: Director of Public Safety APPROVED AS TO FORM: Wally City Attorney (3 of 3)