HomeMy WebLinkAbout08283 ORDINANCE NO. 8283
AN ORDINANCE AMENDING SECTION 6-7-9 OF
CHAPTER 7 OF TITLE VI OF THE PUEBLO MUNICIPAL
CODE RELATING TO SEPARATION AGREEMENTS AND
REMOVING PROVISION PROVIDING FOR REPEAL OF
SAID SECTION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets
indicate matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 6-7-9 of Chapter 7 of Title VI of the Pueblo Municipal Code, as
amended, is hereby amended to read as follows.
Sec. 6-7-9. Separation agreements.
(a) If the City Manager determines that it would be in the best interest
of the City to provide for the separation from employment of an employee of the
City, the City Manager may, in his sole discretion, cause separation benefits in
addition to those provided by the personnel ordinances of the City (“Additional
Separation Benefits”) to be paid to or for the benefit of the employee pursuant to
programs and procedures adopted by the City Manager, subject to the employee
entering into a separation agreement forever releasing and discharging the City,
its officers, employees and agents, from any and all claims and causes of action,
except claims which cannot be released by law, arising out of or in any way
relating to his or her employment or separation from employment with the City.
The City Manager is authorized to execute separation agreements in the name of
the City which have been approved as to form by the City Attorney.
(b) Additional Separation Benefits for any employee may not exceed
sixty percent (60%) of the employee's annual salary unless otherwise specifically
authorized by City Council by Resolution or Ordinance.
(c) The City Manager may transfer any unencumbered appropriation
balance or portion thereof within the department in which the employee is
assigned for payment of Additional Separation Benefits, or direct that Additional
Separation Benefits be paid out of other funds budgeted and appropriated
therefor. The Director of Finance shall certify that there is a balance of
appropriated and available funds for payment of an employee's Additional
Separation Benefits.
(d) Information regarding amounts paid or benefits provided under a
separation agreement are public records open for inspection
[]
(e) This Section 9 is repealed effective December 31, 2010.
SECTION 2.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: November 8, 2010
BY: Judy Weaver
COUNCILPERSON
PASSED AND APPROVED: November 22, 2010
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R-3
DATE:
November 8, 2010
DEPARTMENT:
OFFICE OF THE CITY MANAGER
JERRY M. PACHECO, CITY MANAGER
JENNY M. EICKELMAN, ASSISTANT CITY MANAGER
TITLE
AN ORDINANCE AMENDING SECTION 6-7-9 OF CHAPTER 7 OF TITLE VI OF THE
PUEBLO MUNICIPAL CODE RELATING TO SEPARATION AGREEMENTS AND
REMOVING PROVISION PROVIDING FOR REPEAL OF SAID SECTION
ISSUE
Should the limited authority of the City Manager to enter into employment separation
agreements as set forth in Section 6-7-9, P.M.C., be extended beyond December 31,
2010?
RECOMMENDATION
City staff recommends approval.
BACKGROUND
Pursuant to subsection (e) of the current Ordinance, the City Manager's limited authority
to enter into separation agreements is automatically repealed effective December 31,
2010. The proposed Ordinance would remove subsection (e) and the provisions of
Section 6-7-9, P.M.C., would extend beyond December 31, 2010.
The use of the authority granted under Section 6-7-9, P.M.C., has, in appropriate cases
been beneficial to the City in resolving what otherwise may have been problematic and
potentially costly employment matters. The City Manager's authority to enter settlement
agreements will remain limited by the following requirements:
(a) Separation agreements and the programs and procedures adopted by the
City Manager for entering such agreements must be consistent with applicable local,
state and federal laws, ordinances and regulations including, but not limited to, the Age
Discrimination In Employment Act;
(b) Separation agreements must be approved as to form by the City Attorney;
(c) Additional separation benefits shall remain limited to 60% of the
employee's annual salary unless otherwise specifically authorized by City Council by
resolution or ordinance;
(d) Authorizes the City Manager to transfer unencumbered appropriation
balance within the department in which the employee is assigned for payment of
additional separation benefits be paid out of other funds budgeted and appropriated
therefore;
(e) Requires the Director of Finance to certify that there is a balance of
appropriation and available funds for payment of an employee's additional separation
benefits; and
(f) Clarifies that only information regarding amounts paid or benefits provided
under a separation agreement are public records open for inspection.
FINANCIAL IMPACT
The financial impact is unknown; however, it is anticipated the separation agreements
will result in cost savings to the City.