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2005-132ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY MANAGER'S PLAN FOR REORGINIZATION AND REDUCTION IN FORCE FOR THE CITY OF DENTON; pROVIDING FOR SEVERANCE PACKAGE PLAN FOR ELIMINATED POSITIONS; PROVIDING FOR ROLLOVER OF EMPLOYEES' BENEFIT ADJUSTMENT TO EMPLOYEES' SALARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council determined that reorganization should be considered to increase efficiencies and productivity of the City of Denton; and WHEREAS, the City Council finds that it was determined that shortfalls may occur in the general fund 2004-2005 budget year and that cuts would be necessary to ensure a balanced budget for the 2005-2006 budget year; and WHEREAS, the City Manager developed a plan to reorganize and make necessary cuts to achieve a balanced budget, which included the elimination of positions that would reduce the overall workforce of the City of Denton; and WHEREAS, the City of Denton has a Reduction In Force Policy (109.04) that provides for severance and outplacement programs subject to budgetary constraints; and WHEREAS, the City Council finds that the City Manager has developed a program for severance and outplacemc~nt programs that are different from the standard administrative procedures, due to budgetary constraints; and WHEREAS, the City Manager as part of the plan, for general fund employees, will rollover the current employee benefit adjustment of 5% into the employee regular salary by increasing the salary by 4% and the remaining 1% will be used as additional cost savings beginning with the 2005-06 budget year: and WHEREAS, the City Council of the City of Denton believes it is in the public interest to adopt and go forward with the City Manager's plan for reorganization and reduction in force: NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The findings and recitations cont~med in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City of Denton adopts the plan of the City Manager to reorganize and reduce the workforce and the plan will be incorporated into the budgetary process. SECTION 3. The City of Denton approves the plan of the City Manager to provide severance and outplacement programs, within current budgetary constraints, as provided in Exhibit "A", which is incorporated herein and made a part of this resolution for all purposes. SECTION 4. The City Manager is authorized to expend the funds necessary to carry out the reorganization and reduction in force plan. SECTION 5. This ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton. PASSEDANDAPPROVEDthisthe~A.~/~dayof ~ ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY Page 2 EXHIBIT A Severance and Outplacement Program This plan will be for those employees who occupy positions that were targeted for elimination in the reorganization and reduction in force process. The program does not apply to positions, which were chosen for elimination due to vacancy or because an employee stated their intention to retire that was unrelated to the reorganization or reduction in force process. Eligible employees will include workers in the targeted positions who were regular full time, regular ~/n time, and regular IA time employees. Temporary and seasonal employees will not be eligible for this program. Option 1. If any eligible employee voluntarily ends their employment on or before Friday July I, 2005, then this option will apply. The employee along with regular termination pay will receive the Reduction in Fome (RIF) tenure pay, which will be calculated according to the administrative directive in policy #109.04 of the City of Denton Policies and Procedures Manual. Employees in regular 3/4 time and IA time positions will be paid on a pro rata basis compared to a regular full time employee. In addition eligible employees will be paid for all accumulated sick leave up to 720 hours. Eligible employees will receive longevity pay on a pro rata formula depending upon the date of their departure. Employees who choose this option will remain eligible for employment with the City of Denton should they apply for positions in the future. Option 2. If an eligible employee chooses to remain on the payroll past July 1, 2005 and does not fred another position with the City of Denton by September 30, 2005 then this option will apply. The employee along with regular termination pay will receive RI~ tenure pay, which will be calculated according to the administrative directive in policy #109.04 of the Denton Policies and Procedures Manual. Employees in regular 3/4 and IA time positions will be paid on a pro rata b0sis compared to a regular full time employee. Eligible employees will receive longevity pay on a pro rata formula depending upon the date of their departure. Employees under this option will not be paid for accumulated sick leave. Employees who choose this option will remain eligible for employment with the City of Denton should they apply for positions in the future. Discretionary payments. The City Manager shall have the discretion to allow payments to an employee who would otherwise be eligible for options 1 or 2 except for a unique circumstance involving the timing of retirement or due to illness. The City Manager shall consider such payments upon written request by an eligible employee, physically received before the requisite deadlines imposed by options 1 and 2. The request must contain documentation of the unique circumstance related to the timing of retirement or illness. The City Manager will make a determination within 10 business days of the receipt of the request, unless he grants up to an additional 10 business days for the gathering of any additional information. Exhibit A, RIF Ordinance Regular Termination Pay - This is accrued wages to the time of termination and all accrued vacation up to 320 hours and any accrued compensatory time, if applicable. If an eligible employee finds another regular full-time position with another employer during the time times of options 1 or 2, the employee will still be paid under the terms of the applicable option. Employee benefits will continue or end based upon the normal practices applicable to the termination of employment. Persons who choose option 2 shall be eligible to apply for other positions within the City of Denton for which they believed they are qualified (or will be able to become qualified under City policies). Eligible employees who properly follow the procedures and processes developed by the Human Resource Department and determined to be qualified for the position will obtain an interview. This process does not guarantee that the person will be hired for any position. The City will provide help to those eligible for unemployment benefits and will also offer job placement assistance. Texas Workforce commission (TWC) will hold on-site workshops to help in developing job-hunting skills. TWC and the City's EAP provider will also lend assistance to employees in coping with the financial and emotional challenges occasioned by the reorganization and reduction in fome. Exhibit A, RIF Ordinance