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