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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.
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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(e) This Section 9 is repealed effective December 31, 2010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
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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.