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Ord. 0456-02 12-18-89ORDINANCE NO. 456-2 AN ORDINANCE AMENDING ORDINANCE NUMBER 456-1 BY AMENDING THE PERSONNEL POLICIES AND PROCEDURES AT CHAPTER FIVE - WAGE AND SALARY ADMINISTRATION BY SPECIFICALLY AMENDING CHAPTER 5.8, METHOD OF PAYMENT AND AMENDING CHAPTER 6 - ATTENDANCE AND LEAVE AND SPECIFICALLY, SEC. 6.4, HOLIDAYS; PROVIDING FOR A REPEAL OF ALL ORDINANCES AND SECTIONS INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: SECTION 1. That the Personnel Policies and Procedures for employees of the City of Pearland, inapplicable to the Police Department where inconsistent with state legislation and the Civil Service Rules, are hereby amending as attached hereto. SECTION 2. That said Personnel Policies and Procedures are amended at Chapter Five - Wage and Salary Administration, Section 5.8 is amended as shown by Exhibit "A" and Chapter Six Attendance and Lease Section 6-4, Holidays as shown by Exhibit "B" both exhibits attached hereto and incorporated into the said Personnel Policies and Procedures. SECTION 3. Repealing Clause. All ordinances in force which are inconsistent herewith or in conflict with this ordinance and exhibits are hereby repealed, insofar as said ordinances are inconsistent or in conflict with this ordinance. SECTION 4. Savings Clause. All rights and remedies which have accrued in favor of the City under ordinances and amendments thereto shall be and are preserved for the benefit of the City. SECTION 5. Severability Clause. The City Council of the City of Pearland, Texas, does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word 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 that portion or portions which may be so found to be unconstitutional or invalid, and declares that it 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. SECTION 6. This Ordinance shall become effective on the %day of December, 1989. PASSED ON FIRST READING by the City Council of the City of Pearland, Texas, in regular meeting in thed City Hall this the /J day of GG.��'d- -1 , 19 0 % TOM 'EID, MAYOR ATTEST: ilfL� KAY KROTTSE, CITY SECRETARY PASSED ON SECOND READING by the City Council of the City of Pearland, Texas, in/�C-i,regular meeting in the lr�City Hall this the 7 day of 6%-.dt> , 19 ATTEST: KAY KR( USE, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. TALTON, CITY ATTORNEY TOM REID, MAYOR - 2 - EXHIBIT "A" Chapter 5 Wage and Salary Administration 5.8 Method of Payment - Pay periods and dates of payment shall be set by the City Manager. All employees shall be paid for the actual number of hours worked during each pay period. When absent on authorized declared or designated holiday, each employ- ee shall be paid at his/her regular rate of pay for that day or days and such days shall be counted as actual days worked for the purpose of calculation of overtime pay in any given pay period. A. All employees other than exempt employees shall have the election to either be paid for approved overtime in cash or accumulate compensatory time. Unclassified employees may accumulate compensatory time up to one hundred sixty (160) hours of actual overtime worked. Classified employees may accumulate up to three hundred twenty (320) hours of actual overtime hours worked. All compensatory time must be taken with the approval of the Department Head. An employee shall take accumulated compen- satory time within ninety (90) days from the date of accumu- lation unless otherwise approved by the Department Head or City Manager. B. Employees not covered by the Fair Labor Standards Act or those employees that are found to be exempt from the pro- visions of the act may be allowed compensatory time. The terms and conditions of said compensatory time shall be determined by agreement between the City Manager and the Employee. C. The Personnel Department shall maintain records of accu- mulated and used compensatory time for all classified and unclassified employees. The Personnel Department shall maintain appropriate records of agreement for non -covered and exempt employees. - 3 - Exhibit "B" Chapter 6 Holidays 6.4 Holidays - The following holidays shall be declared official observed City holidays for unclassified employees. If the holiday falls on Saturday, it will be observed on the preceding Friday; and if it falls on Sunday, it will be held on the follow- ing Monday. New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Holiday Fourth Thursday in November and following Friday Christmas Day December 25 Designated Holidays (2) Two days, to be determined individually by each employee with approval of the Supervisor and Department Head Every full time employee of the City shall receive eight (8) hours of holiday pay in lieu of working on declared city holidays. B. Any full time employee who is required to work on a city observed holiday shall be paid at their regular base pay for the actual time worked in addition to the holiday pay. The employee, with the approval of the Department Head, may elect to receive compensatory time for the actual time worked. A. C. If an employee schedules a designated holiday in advance with the approval of the Supervisor and is later required to work on his/her designated holiday, the employee will be paid at their regular base pay for the actual time worked, in addition to the Designated Holiday pay. D. When a City observed holiday and a full time employee's regular scheduled day off occurs on the same day, the employee will be entitled to an alternate day off within a reasonable period of time not to exceed ninety (90) days. E. Temporary and part time permanent employees shall be paid at their regular rates on an observed City holiday if required to work, and shall not qualify for any other benefits related to the holidays mentioned herein. Holiday work must be specifically authorized by the employee's Department Head. F. A full time employee that is absent without authorized leave on the day immediately preceding or following a holiday shall lose pay for the holiday as well as the day of absence without leave. G. When the City council declares a special observed holiday, it shall be observed as provided herein and the same rules shall apply as for a regular observed City holiday. H. An employee wishing to observe a national or religious holiday not listed herein above shall use his/her designated - 4 - holiday privileges to observe such holiday, or charge the absence to any available vacation time accrued by the employee. I. Designated holidays accrue at the beginning of each fiscal year and must be taken by the employee prior to the end of such fiscal year, or the time is lost without compensation. J. No employee shall take a designated holiday during the first three months of employment with the City. K. A designated or accrued holiday may not be taken in frag- ments or increments of less than eight (8) hours. L. Both observed holidays and designated holidays shall be counted as actual days worked within the pay period for overtime calculations. - 5 - P3:7