Loading...
HomeMy WebLinkAbout08053 AS AMENDED: August 24, 2009 ORDINANCE NO. 8053 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF SECTION 9 THERETO RELATING TO EMPLOYEE SEPARATION BENEFITS AND AGREEMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 7 of Title VI of the Pueblo Municipal Code is hereby amended by the addition of the following new section 9 thereto: 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 a Daiance or a an employee's Additional Separation Benefits. u under a (e) This Section 9 is repealed effective December 31, 2010 SECTION 2 All separation agreements meeting and complying with the provisions of Section 6 -7 -9 of the Pueblo Municipal Code whether entered into before or after the effective date of this Ordinance are hereby approved, confirmed and ratified. SECTION 3 This Ordinance shall become effective upon final passage and approval. INTRODUCED: August 10, 2009 F-W A77TSTDD SY: CITY CLERK Randy Thurston COUNCILPERSON APPR D' } �- PRESIDENTaf City Council PASSED AND APPROVED: August 24, 2009 ED Background Paper for Proposed ORDINANCE AGENDA ITEM # R-9 DATE: August 10, 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 7 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF SECTION 9 THERETO RELATING TO EMPLOYEE SEPARATION BENEFITS AND AGREEMENTS ISSUE Should City Council authorize the City Manager to enter into employee separation agreements? RECOMMENDATION City staff recommends approval. BACKGROUND There exist legitimate reasons for the City Manager to have the authority to enter into separation agreements with respect to City employees that provide separation benefits in addition to those provided by the personnel ordinances of the City ( "Additional Separation Benefits "), especially in light of possible lay -offs or reduction in employees through early retirement Therefore, City staff has submitted the attached Ordinance for Council's consideration, which: (a) delegates to the City Manager the authority to enter into separation agreements and cause Additional Separation Benefits to be paid to or for the benefit of employees pursuant to programs and procedures adopted by the City Manager which must be consistent with applicable local, state and federal laws, ordinances and regulations including, but not limited to, the Age Discrimination In Employment Act. Requires the City Attorney to approve as to form all separation agreements. (b) limits Additional Separation Benefits to 60% of the employee's annual salary unless otherwise specifically authorized by City Council by resolution or ordinance. (c) authorizes the City Manager to transfer unencumbered appropriation balance within the department in which the employee is assigned for payment of Additional Separation Benefits, or to direct that Additional Separation Benefits be paid out of other funds budgeted and appropriated therefor. (d) 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. (e) clarifies that only information regarding amounts paid or benefits provided under a separation agreement are public records open for inspection. The ordinance approves, confirms and ratifies all separation agreements meeting and complying with the new Section 6 -7 -9 whether entered into before or after the effective date of the ordinance. FINANCIAL IMPACT The financial impact is unknown; however, it is anticipated the separation agreements will result in cost savings to the City.