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Ord. 0266 11-12-73CHAPTER NUMBER 2 3 TITLE BASIC OBJECTIVES (Pages 1 2) SECTION NO. Basic Objectives 1:1 Applicability 1.2 DEFINITIONS (Pages 3 5) Definitions 2 EMPLOYMENT AND SEPARATION (Pages 6 - 7) Residence 3.1 Pre -Employment Examinations: 3.2 In -Service Examination 3.3 Employment 3.4 Transfer 3.5 Layoff 3.6 Nepotism 3.7 Permanent Transfers & Terminations 3.8 PROBATION PERIOD (Pages 8 - 9) Probation Period 4.1 Purpose 4.2 Confirmation or Termination 4.3 WAGE & SALARY ADMINISTRATION (Pages 10 - 13) Original Employment 5.1 Employees in Training 5.2 Transfer, Promotion, or Demotion 5.3 Temporary or Part -Time Rates 5.4 Payment for Overtime 5.5 Method of Payment 5.6 Separation Pa9 5.7 Employee Incentive Pay 5.8 6 ATTENDANCE AND LEAVE (Pages 14-- P7) Hours of Work 6.1 Attendance 6.2 Overtime 6.3 Holidays 6.4 Vacations 6.5 Sick Leave 6.6 Emergency Leave 6.7 Injury Leave 6.8 Special Leave with Pay 6.9 Absence Without Leave 6.10 Resignation 6.11 Civic Duties 6.12 Military leave 6.13 CHAPTER NUMBER 7 TITLE SECTION NO. EMPLOYEE CONDUCT, JOB RESPONSIBILITY & GRIEVANCE (Pages 22 - 2 Working Relationships - 7.1 Political Activity 7.2 Suspensions 7.3 Demotion .,::.:::. 7.4 Dismissal 7.5 Personal Complaint Procedure 7.6 GENERAL PROVISIONS (Pages 25 -28_) Personal Records-. ..... 8,1 Solicitations 8.2 Employment Contract_,.:,-....- .....,8.3 Retirement ...........::,: 8,4 Repealing Clause :: ..:... 8.5 Savings Clause 8.6 Severability Clause 8.7 ORDINANCE NO. 266 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING CERTAIN PERSONNEL POLICIES AND PRO- CEDURES FOR EMPLOYEES OF THE CITY OF PEARLAND; DEFINING BASIC OBJECTIVES; CONTAINING CERTAIN DEFINITIONS; PROVIDING PROCEDURES FOR APPOINTMENT AND SEPARATION; PROVIDING FOR A PROBATION PERIOD; ESTABLISHING A WAGE AND SALARY ADMINISTRATION; PROVIDING STANDARDS OF WORK ATTENDANCE AND LEAVE; ESTABLISHING A DISCIPLINE, COMPLAINT AND APPEAL PROCEDURE CONSISTENT WITH THE CHARTER OF THE CITY OF PEARLAND; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND, CONTAINING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: CHAPTER 1 BASIC OBJECTIVES 1.1 BASIC OBJECTIVES. The purpose of these policies is to bring into the service of the City the high degree of understanding, cooperation, efficiency, and unity which comes through systematic application of good procedures for the handling of personnel, and to provide a uniform policy for all employees, with all the benefits such a program insures. The fundamental objectives of good personnel administration to be achieved by these policies are declared to be: . To promote and increase efficiency and economy in the service of the City. b. To provide fair and equal opportunity to all qualified persons to enter City employment on the basis of demonstrated merit and fitness as ascertained through fair and practical methods of selection. c. To develop a program of recruitment, advancement and tenure which will make the service of the City attractive as a career and encourage each employee to render his best services to the City. d. To establish and maintain a uniform plan of evaluation and pay based upon the relative duties and responsibilities of positions in the service of the City. e. To promote high morale among City employees by providing good working relationships, uniform personnel policy, opportunity for advancement and consideration for employee welfare. 1.2 APPLICABILITY. These policies shall apply to all employees in the service of the City except where such policy inconsistent with Law. -2 CHAPTER 2 DEFINITIONS As used in these rules, unless the context clearly requires otherwise: "CALL BACK" means an unscheduled or emergency return to work outside of normal hours or on a holiday or day off at the request of the department head. It does not mean overtime or holiday work scheduled in advance. "DEMOTION" means an assignment of an employee from a position in one group to a position in another group having a lower maximum salary rate. "DEPARTMENT" means a major functional unit of City Government. "DEPARTMENT HEAD" means a person appointed by the City Manager and ratified by the City Council who is responsible to the City Manager for the administration of a department. "EMPLOYEE" means any person working in the service of the City of Pearland (See also Probationary, Regular, Temporary and Part Time employee). "FOREMAN" (See Supervisor). "IMMEDIATE FAMILY" means husband, wife, son, daughter, father, mother, father- or mother-in-law, brother, sister, or any relative living in the same household. "JOB" (See Position). "LAYOFF"means a separation from the service because of shortage of funds or materials, abolishment of position or other reasons beyond the control of an employee and not reflecting discredit to him. "MONTH" means one calendar month. "ON CALL" means being available at a designated place for a designated period of time. "OVERTIME" means authorized time worked in excess of the regular work week. "PART-TIME EMPLOYEE" means any employee working less than the scheduled number of hours in a work week. "PHYSICIAN, LICENSED" means one licensed by the Texas State Board of Medical Examiners. "POSITION" or "JOB" means a group of current duties and responsibilities legally assigned or delegated by the Department Head or the City Manager, requiring the full-time or part-time employment of one person. "PROBATIONARY EMPLOYEE" means a regular employee who has not completed his probation period. "PROBATION PERIOD"means a working period during which an employee is required to demonstrate his fitness for a position by actual performance of the duties of the position, such period being not less than three (3) calendar months. "PROMOTION" means an assignment of an employee from a position in one group to a higher position. "REGULAR EMPLOYEE" means an employee working full-time who has satisfactorily completed his probationary period. "STAND-BY" means an employee subject to call by the Department Head. "SERVICE CREDIT"means the credit used in various personnel transactions for length of service. "SUPERVISOR" means any person responsible to a superior for directing the work of others. "TEMPORARY EMPLOYEE" is an employee who has been employed for a period of time not to exceed three (3) months. "TRANSFER" means any change -of an employee from one position to another. "WORK DAY" or "WORKING DAY" means any one shift during which a department is open for business or on which an employee is scheduled to work. "WORK WEEK" means number of hours regularly scheduled to be worked during any seven consecutive days. CHAPTER 3 EMPLOYMENT & SEPARATION 3.1 RESIDENCE. Other qualifications being equal, persons residing within the corporate limits of the City shall be given preference in all employment. 3.2 PRE -EMPLOYMENT EXAMINATIONS. Before being employed, each prospective employee shall undergo a 'medical examination by a physician designated by the City Manager, the cost to be borne by the City, and no one given a medical examination shall be employed unless the examining physician certifies that he meets the minimum standards of physical fitness required for his position. A prospective employee must be re-examined if three (3) or more months intervene between his medical examination and the date of his employment. 3.3 IN-SERVICE EXAMINATION. The City may require a medical examination and re-evaluation at anytime to determine if an employee can continue to perform his job assignment. 3.4 EMPLOYMENT. a. Employees shall be selected on the basis of their quali- fications and their physical abilities to perform the assigned duties. Preference shall be given to former employees with a good record of service with the City who have been laid off due to lack of work. b. Federal Law pertaining to "Equal Opportunity" will be observed. 6 3.5 TRANSFER. Employees may be permanently transferred between departments or other units of the City. An employee may be transferred upon his own request when approved by the department heads concerned, or upon the request and concurrence of the two department heads with approval of the City Manager. 3.6 LAYOFF. Department heads shall lay off employees when necessary due to changes in duties or organization or lack of work or funds. When possible, employees who are to be laid off in one department will be intergrated into other departments by transfer, or shall be given first opportunity for re-employment. a. When layoffs are required, they shall be based on several factors, including length of service with theiCity and relative efficiency as demonstrated on the job. Lay-off shall not be considered to be disciplinary action. b. Whenever possible, a two -week written notice of layoff shall be given by the department head to the employee. 3.7 NEPOTISM. City employment is subject to Section 10:08 of the City Charter pertaining to Nepotism. The City Manager shall not approve the appointment of any member of the immediate family of any supervisor to that supervisor's department. 3.8 PERMANENT TRANSFERS & TERMINATION. "Permanent transfers of employees or terminations of employees shall have -the prior concurrence of the City Manager; however, the transfer or termination of a department head must be approved by the City Council. CHAPTER 4 PROBATION PERIOD 4.1 PROBATION PERIOD. Every person employed to a position in the service of the City shall be required to complete successfully a probation period of three (3) calendar months. 4.2 PURPOSE. The department head shall use the probation period to closely observe and evaluate the work of all new employees and to encourage their effective adjustment to the job and the service of the City. 4.3 CONFIRMATION OR TERMINATION. Two (2) weeks prior to the end of each employee's probation period, department heads shall either terminate the employee or transfer him to permanent status. No person shall be employed after the expiration of his probationary period unless he has been transferred to a permanent status by the department head a. A new employee may be dismissed at any time during the probation period. Department heads shall retain as permanent employees only those who meet an acceptable level of performance during the probation period•. Termination shall be in accordance with Chapter 5, Section 5.7 Separation Pay. b. When a probationary employee is found to be physically unfit for performing the duties of the position which he seeks to hold, or is addicted to the habitual use of narcotics or intox- icating beverages, or has unsatisfactory character or previous employment records, or has failed to submit pertinent information requested by the department head, or has practiced fraud or deception or made false statement in his application, the department head shall recommend termination of his employment. -9 CHAPTER 5 WAGE & SALARY ADMINISTRATION 5.1 EMPLOYEES IN TRAINING. When it is not possible to obtain an employee who meets all the qualifications required for a given position, the department head with the approval of the City Manager may select an employee who meets the educational requirements, but does not meet all the other qualifications, with the understanding that the employee will undergo a period of training which will prepare him for the job. 5.2 TRANSFER, PROMOTION, OR DEMOTION. When an employee in one group is transferred, promoted, or demoted to a position in another group and current rate of pay is: a. less than the minimum rate for the new position, it shall be increased to the new minimum rate; b. more than the maximum rate for the new position, it shall be reduced to a point within the salary range of the new - 10 - position upon recommendation by the department head. 5.3 TEMPORARY OR PART-TIME RATES. Employees shall be paid by the hour in proportion to the time worked. 5.4 PAYMENT FOR OVERTIME. (See also Chapter 2, Definition, and Chapter 6, Section 6.3, Overtime). All employees required to work overtime, except City officials and department heads, shall be paid for all additional time worked to the nearest quarter-hour. All overtime shall be at the rate of time and one- half (1 1/2) for all work in excess of forty (40) hours per week, and must be authorized by the department head. Employees called back to work or placed on "standby" after a normal work day shall be paid at the rate of time and one-half (1 1/2) for the time worked, with a minimum of one hour overtime pay. 5.6 METHOD OF PAYMENT. Pay periods and dates of payment shall be set by the City Manager. All employees shall be paid for the actual time worked during each pay period. When absent on authorized sick and vacation leave, each employee shall be paid at his regular rate. 5.7 SEPARATION PAY. All employees who leave the service of the City for any reason shall receive all pay which may be due then with the following qualifications: a. Regular employees who have completed more than one (1) year service shall be paid for all unused vacation time accumulated to the date of separation. b. Separation date for all employees shall be the last day of work. Terminal pay received by an employee shall not be construed to extend his employment with the City beyond the last day of actual work. 5.8 EMPLOYEE INCENTIVE PAY. All regular employees, in addition to their base salary, shall be paid on the first pay period in December of each year am employee incentive pay computed at $3.50 per month of actual continual service with the City. This provision shall not apply to employees who have not completed one month's service with the City before December 1st of the year the employee incentive pay is paid. An employee leaving the service of the City between January 1st and the first pay period in December will not be entitled to any employee incentive pay, except if an employee retires from the service - 12 - or an employee who dies in the service of the City during the year will receive incentive pay up to the date of retirement or death. Payroll deductions for social security, income tax and retirement will be deducted from the gross amount accrued. - 13 - CHAPTER 6 ATTENDANCE AND LEAVE 6.1 HOURS OF WORK. The hours during which City offices and departments shall be open for business shall be determined by the City Council. 6.2 ATTENDANCE. Employees shall be at their places of work in accordance with these rules and general or departmental regu- lations. All departments shall of employment. 6.3 OVERTIME. and overtime on any among all employees provided in Payment maintain daily attendance records Employees shall work overtime when necessary job shall be allocated as evenly as possible qualified to do the work. Payment shall be as of Overtime (Chapter 5, Section 5,4. 6.4 HOLIDAYS. The following holidays shall be declared official holidays for City Employees. If the will be observed on Friday and if it observed on Monday. New Year's Day Good Friday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day holiday falls on Saturday it falls on Sunday it will be January 1 as designated 4th Monday in July 4 1st Monday in September 4th Monday in October Last Thursday in November & following Friday December 25 May - 14 - a. All regular employees required to work on a holiday shall be paid at time and one half (1 1/2) for the actual time worked. When the holiday and regular day off occurs on the same day, those employees scheduled off -duty on that day shall be entitled to another day off. b. Temporary and part-time employees shall be paid their regular rates on a holiday only if required to work. No payment shall be allowed for employee for holiday work not specifically authorized by a department head. c. An employee who is absent without authorized leave on the day immediately preceding or following a holiday shall lose pay for the holiday as well as pay for that day. d. When the City Council declares,a special holiday, it shall be observed as provided above. e. Employees wishing to observe national or religious holidays not listed hereon shall at their option be given time off without pay or have the time charged to their vacation. - 15 - 6.5 VACATIONS. All regular employees shall be entitled to a vacation period based on the length of service with the City and with the vacation paid at regular rates. Vacation is earned at the rate of one -twelfth of the entitled vacation each month and may be computed to the nearest full day and paid for upon separation from employment with the City. An employee who enters the service of the City before the 16th or who leaves after the 15th of any month shall earn a day of vacation for that month. a. Regular employees, from their first anniversary with the City to their ninth anniversary with the City, will be entitled to ten (10) working days of vacation each year; from the ninth anniversary to their sixteenth anniversary will be entitled to fifteen (15) working days per year; from the sixteenth anniversary until separation or retirement shall be entitled to a maximum of twenty (20) working days vacation each year. b. Upon written request approved by their department head, employees who have been with the City five or more years, and who have earned two weeks of vacation may postpone their vacation one year to take four weeks together. Four weeks at one time shall be the maximum vacation granted to an employee. c. Department heads and supervisors shall schedule employees' vacation, giving due consideration to the needs of the - 16 - City and the ability of the remaining staff to perform the work of the department or division. d. Temporary and part-time employees shall not earn vacation nor be entitled to vacation pay upon separation. e. Vacation time may not be taken in periods of less than one full day. f. Upon returning to duty, an employee shall sign a certi- fication of vacation confirming the number of days he was absent on vacation. 6.6A SICK LEAVE. 1. Sick Leave shall not be awarded to temporary or part-time employees. All regular employees shall be entitled to twelve (12) work days sick leave each year. During the first year of employment sick leave shall be earned at the rate of one (1) working day for each calendar month of employment. Any unused sick leave will not accumulate from year to year, but sick leave used by the employee during the year will be reinstated on his employment anni- versary date thereby granting him twelve (12) days sick leave eligibility at the beginning of each subsequent year of employment. 3. During the employee probation period, the employee shall earn sick leave as provided above; - 17 - however, sick leave shall only be granted during the probation period with the special approval of his department head. 4. An employee who enters the service of the city before the l6th or who leaves after the 15th of any month shall earn a day of sick leave for that month. 5. When an employee has used all of his earned Sick leave, he may request that earned vacation time be used as sick leave. When absence due to illness exceeds the amount of earned sick leave and vacation, the employee's pay shall be discontinued until he either returns to work or qualifies for the Disability Benefit Plan. (See 6.68) 6. Sick leave may be allowed in case of personal illness or physical incapacity of an employee. On-the-job injury shall be subject to the Workman's Compensation Law. (See 6.8 Injury Leave 7. To receive paid sick leave, an employee shall communicate with his immediate supervisor or department head as soon as possible and in no event call later than one hour after the time set for him to begin work. 8. Upon returning to work after a period of sick leave, the employee shall sign a certificate - 18 - confirming the number of days he was sick. Verification of illness by a doctor will be required for all illness exceeding two (2) work days. 9. Employee absence due to illness in the immediate family, doctor's appointment, out -patient treatment and other similar absence will be charged as sick leave. 6.68 DISABILITY BENEFIT PLAN. In the event of a long- term illness or non -job related disability, the employee may become eligible for the Disability Benefit Plan included as Appendix A. 6.7 EMERGENCY LEAVE. All regular employees may be granted emergency leave with pay for a period not to exceed three (a) days in case of death in their immediate family. This leave shall not be charged against sick leave or vacation. Temporary employees or part-time employees may be granted leave of absence without pay in such cases. 6.8 INJURY LEAVE. Leave resulting from on-the-job injury shall be subject to Workman's Compensation Laws. - 19 - a. AN EMPLOYEE WHO FAILS TO REPORT ANY ON-THE-JOB INJURY, HOWEVER MINOR, TO HIS FOREMAN OR SUPERVISOR SHALL BE SUBJECT TO DISCIPLINARY ACTION. The job foreman or supervisor, upon being notified of such injury, shall complete an accident report immediately and submit it to the person designated by the City Manager to receive such reports. Where an accident involves serious bodily injury or death to an employee, the foreman or supervisor shall notify the City Manager immediately. b. With the specific approval of the City Manager, an employee recuperating from an on-the-job injury may be compensated for the difference between his weekly insurance compensation and regular pay. To receive consideration for such payment, the injured employee must submit proof of compensation received under the Workman's Compensation Laws. This provision shall not apply in case the employee is declared to be totally and permanently disabled as defined by law. 6.9 SPECIAL LEAVE WITH PAY. Employees special leave with pay and actual expenses to attend professional conferences, conventions or short schools, or to visit other cities in the interest of the City shall be authorized by the City Manager. 6.10 ABSENCE WITHOUT LEAVE. No employee may absent himself from duty without permission of his immediate supervisor. Absence without leave shall be sufficient cause for forfeiture of all rights and privileges earned while employed. Any employee absent for three days without notice shall be considered to have resigned as of his last day of active employment. -20- 6.11 RESIGNATION. To resign in good standing, an employee shall submit his resignation in writing to his department head at least two (2) weeks before the effective date of his resignation. 6.12 CIVIC DUTIES. No deduction shall be made from an employee's wages or salaries due to absence from work because of service as a juror or because of attending court or a coroner's inquest as a witness. Verification is required. All employees entitled to vote at National, State, County, School or Municipal elections shall, when necessary, be allowed sufficient time off with pay to exercise this privilege. 6.13 MILITARY LEAVE. Regular employees who are members of an Active Military Reserve or National Guard Unit will be entitled to 10 working days Military Leave per year when his unit is called to active duty. The City will pay the employee the difference between his military pay and his regular pay upon the employee's presentation of his military pay voucher, CHAPTER 7 EMPLOYEE CONDUCT, JOB RESPONSIBILITY & GRIEVANCE 7.1 WORKING RELATIONSHIPS. It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy in his work for the City. Department heads and supervisors shall organize and direct the work of their units to achieve these objectives. a. When an employee's individual conduct, work habits, attitude and productivity falls below acceptable standards, his supervisor shall point out the defi- ciencies. Warning in sufficient time for improvement should precede formal discipline, but nothing in this section shall prevent immediate formal action whenever the interest of the City requires it. b. When any question arises concerning the validity of an order of a supervisor, an employee shall be expected to complete the tasks assigned. If he then has any complaint, he shall settle it with his supervisor, if possible. If he is unable to obtain satisfaction from the supervisor, he shall have the right to use appeal procedure as described in Section 7.6, Personal Complaint Procedure. -22- 7.2 POLITICAL ACTIVITY. All employees shall refrain from seeking or accepting nomination or election to any public office and shall refrain from using their influence publicly and directly in any way for, or against, any candidate for elective office in the City Government. No employee of the City shall be required to participate in any City election in behalf of any candidate for City office, nor shall any City equipment be used by or in behalf of any political candidate_ 7.3 SUSPENSIONS. In the interest of good discipline, the department head may, for just cause, suspend an employee without pay for any length of time up to 30 days in a single year. An employee who is suspended shall be given written notice of the reasons for the action, and a copy shall be made a part of the employee's personal history record. Approval of the City Manager shall be required in all cases involving suspensions of employees. 7.4 DEMOTION. a. An employee may be demoted for just cause, in the interest of good discipline. Demotion may be accomplished by reducing his pay within the pay group of the position he holds or by assigning him to a position of lower group or both. An employee who is so demoted shall be given written notice by his department head or supervisor of the reason for the action as well as the effective date thereof. b. An employee may request or accept voluntary demotion when assignment to less difficult or responsible work would be to his advantage and in the interest of the City. -23- 7.5 DISMISSAL. A department head may recommend dismissal of an employee at any time for just cause ascertained after careful and factual consideration. A regular employee shall be given two (2) weeks' written notice before dismissal or be paid two (2) weeks' pay. An employee who is dismissed shall be furnished written notice prior to the effective date of dismissal, specifying such effective date and the reason or reasons for dismissal. A copy of every notice of dismissal or suspension shall be immediately entered into employee's record. 7.6 PERSONAL COMPLAINT PROCEDURE. Employees who have any complaint shall have the right of appeal to their immediate supervisor, to their department head and to the City Manager, in the order named. Appeal may be made orally or in writing. a. Complaint procedure shall be simple and informal. Department heads or supervisors may require signed complaint notices at their discretion, but all discussion shall be conducted in a manner most conductive to quick and satisfactory solution of the problems involved. b. Any complaint not settled in a department within fifteen (15) days may be carried to the City Manager. The City Manager shall hear or investigate all sides of the case and shall render a decision. - 2 4 - CHAPTER 8 GENERAL PROVISIONS 8.1 PERSONAL RECORDS. Personal history records of employees are not considered public records. Only the employee concerned, his authorized representative and proper City officials shall be permitted to review the record. 8.2 SOLICITATIONS. No solicitation of funds of any character or for any purpose whatsoever shall be permitted among City employees on the job without the written approval of the department head and the City Manager. 8.3 EMPLOYMENT CONTRACT. These personnel policies shall become a part of the employment contract of each employee, and within 10 days from the adoption of these policies and at the time of employment of each new employee, employee who shall These policies may a copy of these policies shall be furnished each acknowledge in writing the receipt of such copy. be changed by the City Council, but no such change shall divest any employee of rights accrued under these existing policies at the time of such amendment. A copy of each amendment to these policies shall be furnished each employee. -25- 8.4 RETIREMENT AGE. The retirement age for all employees, as defined herein, shall be sixty-five (65) years of age. Under extenuating circumstances and after a medical evaluation, the City Manager, with the approval of the City Council, may extend the date of retirement in six (6) month increments. 8.5 RETIREMENT PLAN. Regular employees who have completed, their probationary period shall participate in the City of Pearland Retirement Plan with the Texas Municipal Retirement System as adopted on March 13, 1972. 8.6 SOCIAL SECURITY. Employees of the City are covered under the provisions of the Federal Old Age and Survivors' Insurance (Social Security) as expressed in the agreement between the Texas State Department of Public Welfare and the City of Pearland dated May of 1964. 8.7 HOSPITALIZATION. Allregular employees of -the -City who. have completed their probationary period will be provided with hospitalization insurance furnished at City expense. Hospitalization benefits will be dependent on the policy in effect at the -time of Claim. If these employees desire coverage for theirdependents, this cost is borne wholly by the employee through payroll deductions. 8.8 LIFE INSURANCE. Life insurance will be provided by the City of Pearland on each regular employee who has completed his probationary period. The limits of coverage to be in accordance with the policy in effect at the time of the claim. -26 - 8.9 WORKMAN'S COMPENSATION. All employees of the City fro the date of their employment are covered under the provisions of the Workman's Compensation Act for on-the-job injury or disability. 8.10 REPEALING CLAUSE. All ordinances in force when this ordinance becomes effective and which ordinances are inconsistent herewith or in conflict with this ordinance are hereby repealed insofar as said ordinances are inconsistent or in conflict with this ordinance. 8.11 SAVINGS CLAUSE. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. 8.12 SEVERABILITY CLAUSE. The City Council of the City of Pearland, Texas, does hereby declare that if any section, sub- section, paragraph, sentence, clause, phrase, work or portion of this ordinance is declared invalid, or unconstitutional,by a court of competent jurisdiction, that, in such event it would have passed and ordained any and all remaining portions of this ordinance without the inclusion of the portion or portions which may be so found to be unconstitutional and declares that its intent is to make no portion of this ordinance dependent upon the validity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. -27 - The provisions of this ordinance will apply to all new employees and shall be retroactive to the date of employment for existing employees. PASSED ON FIRST READING by the City Council of the City of Pearland, Texas, in regular meeting in the City Hall this JZ. day of 6=-7,,, ,,i „ei/ A. D. 1973. Mayor ATTEST: J mc� City Secretary/ City Attorney PASSED ON SECOND AND FINAL READING by the City Council of the City of Pearland, Texas, in regular meeting in the City Hall this day of , A. D. 1973. Mayor ATTEST: City Secretary City Attorney - 2 8 - APPENDIX A DISABILITY BENEFIT PLAN The City has established a Disability Benefit Plan to provide per- manent employees with economic security when they are prevented from, working because of long-term non -occupational illness or disability. On-the-job disabilities are covered by the Workmen's Compensation' Laws. EFFECTIVE DATE OF BENEFITS The benefits of the Plan will become effective on the thirteenth (13) day after the inception of each illness or disability. QUALIFICATIONS FOR PLAN To qualify for benefits, employees must: (1) be permanent employees for a minimum of 120 days; (2) be incapable of performing the usual and customary duties of their job; (3) obtain proper medical attention; and (4) comply with the procedure to establish evidence of disability. SCHEDULE OF DISABILITY BENEFITS In the event of a long-term non -occupational disability, the Disability Benefit Plan will continue the employee's salary at full and/or half base pay, depending on the length of time employed with the City. The following schedule provides the benefits of the Plan. The maximum number of weeks for which full and half base salary will be paid is 42 weeks. LENGTH OF EMPLOYMENT After After Af ter After After After After 6 full years After 7 full years After 8 full years After 9 full years After 10 full years After 11 full years After 12 full years After 13 full years 120 days of employment 1 full year of employment 2 full years of 3 full years of 4 full years of 5 full years of MAXIMUM BENEFIT TIME Full Pay Half Pay 1 week 0 weeks 2 weeks 4 weeks employment ...... 3 weeks 6 weeks employment 4 weeks 8 weeks employment 'S weeks 10 weeks employment 6 weeks 12 weeks of employment 7 weeks 14 weeks of employment 8 weeks 16 weeks of employment 9 weeks 18 weeks of employment ......10 weeks 20 weeks of employment .... 11 weeks 22 weeks of employment ..,. 12 weeks 24 weeks of employment .... 13 weeks 26 weeks of employment until separation 14 weeks 28 weeks REINSTATEMENTS OF BENEFITS Full benefits will be reinstated when the employee returns to work with a release by the attending physician certifying that the employee is physical able to resume his normal work assignment. DENIAL OF DISABILITY BENEFITS In case of chronic illness, unusual circumstances, or frequent absences on account of accident or illness, the city may appoint a physician to investigate and determine the probable future frequency or duration of such absences, and will deal with each such case on its own merits regardless of this plan. Benefits may be denied if recommendations as to care and treatment made by a physician designated by the city are not followed. No benefits under this plan will be paid for disability directly ,or indirectly due to intoxication, or to the use of stimulants, drugs, or narcotics, or to unlawful acts of immoralities, or to fighting, unless in self defense against unprovoked assaults, or to the willful intent of the employee to injure himself or another. MAXIMUM DISABILITY BENEFIT ALLOWANCE The maximum disability benefit allowed for one continuous disability will be 14 weeks full base pay and 28 weeks at one-half base pay.