city of johnson arkansas logo

ORDINANCE 2016-29

ORDINANCE 2016-29

AN ORDINANCE AMENDING THE PERSONNEL POLICY OF THE CITY OF JOHNSON, ARKANSAS,  APPLICABLE TO ALL EMPLOYEES INCLUDING THE  JOHNSON POLICE DEPARTMENT BY AMENDING THE RULES OF THE SICK LEAVE BANK; AND DECLARING AN EMERGENCY  TO EXIST

 

WHEREAS, the City of Johnson has a personnel policy in effect which  applies to all employees; 

WHEREAS, the Johnson Police Department at Section 62 of its Policy Manual, addresses the issue of sick leave for police officers and comports with Arkansas law;

WHEREAS, the Johnson City Council has determined that the City's greatest assets are its representatives in all departments  who interact with City residents  and visitors;

WHEREAS, the current Sick Leave Bank Rules were adopted to allow the City to aid employees and retain employees who might be forced to retire or quit due to temporary health issues. 

WHEREAS, after ten (10) years of experience with the Sick Leave Bank the administration and the Council feel changes in the rules are needed to assure the viability of the program.

BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that,

 

Section 1:   The Personnel  Policy of the City of Johnson and its enabling legislation along with the Policy Manual of the Johnson Police Department  are hereby amended to include the following revised Sick Leave Bank which replaces the previous Sick Leave Bank adopted by Ordinance 2011-09.

Section 2:    Sick Leave Bank

 a. Participation

All employees who have full benefits are allowed to participate in the Sick Leave  Bank after declaring their intention to participate and donating at least 16   accumulated hours of sick leave to the bank by January 15 of the calendar year (new hires are allowed to join after their one year anniversary by donating at least 16 accumulated  hours of sick leave to the bank within 90 days of their one year anniversary. Such declaration and contribution shall be made on a Sick Leave Bank Form.

                        b. Governance: 

                The Sick Leave Bank is governed by the Mayor, Recorder/Treasurer, and one full time employee elected in an election run by the Police Chief. Any request for leave from the Sick Leave Bank must be requested from the committee on                    a  Sick Leave Bank request form. This committee shall approve or disapprove requests based on individual situations and documentation. The committee may review employee records and documentation.

 

        c. Rules of Operation:  

  1. Only participants who have made a contribution to the bank may make requests from theBank.
  2. Sick Leave Bank hours will be granted only in the cases of physical,mental, or emotional illness of the participant, or illness or death in the immediate family. Immediate family shall include participant's spouse, children, parents,and any other relatives living in the same household.
  3. Sick Leave Bank hours will only be granted after the exhaustion of allother paid compensation (sick leave, vacation) and compensatory time. Sick Leave Bank hours or days are grants and do not require repayment.
  4. Sick leave grants made from the bank shall be for up to 160 hours for an individual applicant per application, if the hours are available. Subsequent individual application grants of sick leave bank hours or days are subject to availability of the hours/days in the sick leave bank and the discretion ofthe Sick Leave Bank Committee.
  5. The sick leave bank committee shall have the discretion to award days in fractional amounts up to the maximum 160 hours per application to a participant who has disability income protection insurance that pays a per diem rate less than the employee's contracted per diem rate. This discretion is limited to the degree that the sum of the per diem disability insurance plus the value of the per diem sick leave bank leave days awarded does not exceed the total per diem amount for the leave as compensated by both wages and disability compensations(s).
  6. Any participant of the sick leave bank making withdrawals from the bank must contribute at least the minimum of 16 hours at the beginning of the next calendar year (by January 15 or when 16 hours of sick leave have been accumulated) in order to be eligible to make withdrawals from the bank in succeeding years. 
  7. Any unused sick leave bank hours granted may not be carried forward to any subsequent year and shall be returned to the sick leave bank if unused at the end of the calendar year.
  8. At the beginning of each calendar year (by January 15), any employee who is not already a participant of the sick leave bank may join by giving 16 accumulated sick leave hours to the sick leave bank. Any sick leave bank participant may contribute additional accumulated sick leave hours at anytime.
  9. Participants who have contributed to the sick leave bank will not be requested to contribute to the bank again as long as the bank is considered to be solvent. When the sick leave bank committee determines that more hours/days are needed for the bank to remain solvent, each participant will be requested to contribute up to 16 hours of their accumulated sick leave. Failure to contribute will result in termination as a sick leave bank participant.
  10. A maximum of 960 hours may be in the sick leave bank (the prior balance shall be carried forward and no contributions will be accepted until bank balance falls below 960 hours. The only exception will be for new employees and employees not previously participants in the sick leavebank joining at the beginning of any calendar year.)

Section 3: Ordinance 2011-09 and all other ordinances, parts of ordinances, or portions of the existing sick leave/sick day policy of the City and/or the Policy Manual of the Johnson Police Department in conflict with Section 2 hereof are hereby expressly repealed to the extent of such conflict.

Section 4: The Sick Leave Bank forms attached hereto are hereby approved. The governing committee may revise said forms as necessary in the future without further approval of this Council. 

Section 5:It is recognized that there are valuable City employees who may be forced to make undesirable employment action if this ordinance does not go into effect right away. Therefore, in order to continue to preserve the health, safety and welfare of city residents an emergency is hereby declared and this ordinance shall be immediately effective upon its passage and approval.

PASSED AND APPROVED this 7th day of November, 2016.

ATTEST: