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Home My WebLink AboutORD 07-053 ORDINANCE NO. 07-053 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, ARTICLE I, SUBSECTIONS 21-5(a) AND 21-6(a), Q) and (k), AMENDING SECTION 21-8 BY REPEALING SAID SECTION AND ADDING A NEW SECTION 21-8, AMENDING ARTICLE III, SECTIONS 21-51, 21-51.1, 21-51.2, 21.54 AND 21-61.1, AND ARTICLE IV, SECTION 21-74; AND REPEALING ARTICLE I, SECTIONS 21-2 THROUGH 21-4, 21-9, AND 21-10, ARTICLE II, SECTIONS 21-11, 21-12 AND 21-15 THROUGH 21-23, AND ARTICLE III, SECTIONS 21-55 THROUGH 21-58, AND 21-62 THROUGH 21-64, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 21, Article I, Sections 21-2, 21-3 and 21-4 be and the same are hereby repealed. Section 2. That Chapter 21, Article 1, Subsection 21-5(a), be and the same is hereby amended to read as follows: Sec. 21-5. Holidays. (a) The following holidays shall be declared official holidays for city employees to be observed in accordance with regulations established by the city manager: (1) New Year's Day; (2) Birthday of Martin Luther King, Jr. (3rd Monday in January); (3) Good Friday; (4) Memorial Day; (5) Independence Day; (6) Labor Day; (7) Veterans Day; (8) Thanksgiving Day; (9) Day after Thanksgiving Day; (10) Christmas Day; (11) A special day taken at any time. Section 3. That Chapter 21, Article I, Subsections 21-6(a), Q) and (k), be and the same are hereby amended to read as follows: Sec. 21-6. Leave. (a) Regular full-time civilian employees regularly assigned to work forty (40) hours per week shall earn vacation on a biweekly basis in accordance with the following schedule: (1) Vacation leave. TABLE INSET: Full Years of Service Hours Per Pay Period Hours Per Year Weeks Per Year 0--4 3.08 80 2 5--14 4.62 120 3 15--23 6.15 160 4 24+ 7.69 200 5 Each regular full-time civilian employee shall earn vacation leave only when he/she is paid for eighty (80) hours in the same pay period. (2) Personal leave. Each regular full-time civilian employee regularly assigned to work forty (40) hours per week shall earn a maximum of forty (40) hours of personal leave per year. Such employee shall earn personal leave only when the employee is paid for eighty (80) hours in the same pay period. Two days personal leave will be available for use to every full-time civilian employee upon his/her employment with the city. (3) Short-term disability. Each regular full-time employee regularly assigned to work forty (40) hours per week shall earn a maximum of ninety-six (96) hours of short-term disability per year. Such employee shall earn short-term disability leave only when the employee is paid for eighty (80) hours in the same pay period. Q) An employee may utilize short-term disability after being absent for forty (40) hours for the same nonwork-related illness, injury or disability. (k) An employee may use his/her earned vacation and personal leave or leave without pay to satisfy the forty (40) hours condition. Employees with less than six (6) month's service may only use personal leave or leave without pay for this purpose. Section 4. That Chapter 21, Article I, Section 21-8, be and the same is hereby repealed and a new Section 21-8 added to read as follows: Sec. 21-8. Longevity pay. Each regular full-time employee with five (5) or more years of service will be paid longevity pay at the rate of four dollars ($4.00) per month for each year of service up to and including twenty-five (25) years. Such pay shall be computed only on the basis of continuous, unbroken service. Section 5. That Chapter 21, Article I, Sections 21-9 and 21-10, be and the same are hereby repealed. Section 6. That Chapter 21, Article 11, Sections 21-11, 21-12, 21-15, 21-16, 21-17, 21-18, 21-19, 21-20, 21-21, 21-22 and 21-23, be and the same are hereby repealed. Section 7. That Chapter 21, Article 111, Section 21-51, be and the same is hereby amended to read as follows: Sec. 21-51. Effective dates of participation in retirement system. The effective date of participation in the retirement system generally was January 1, 1951. Section 8. That Chapter 21, Article III, Section 21-51.1, be and the same is hereby amended to read as follows: Sec. 21-51.1. Single composite participation date. The city hereby elects to adopt a single composite participation date as determined by the actuary of the Texas Municipal Retirement System in the manner prescribed by the Texas Municipal Retirement System Act. Section 9. That Chapter 21, Article 111, Section 21-51.2, be and the same is hereby amended to read as follows: Sec. 21-51.2. Reinstatement by reemployed members. Pursuant to Section 853.003, Texas Government Code, as amended, the City of Beaumont hereby elects to allow any member of the Texas Municipal Retirement System who is an employee of this city on the first day of October, 1995, who has terminated a previous membership in said system by withdrawal of deposits while absent from service, but who has at least twenty-four (24) months of credited service as an employee of this city since resuming membership to deposit with the system in a lump sum the amount withdrawn, plus a withdrawal charge of five (5) per cent of such amount for each year from date of such withdrawal to date of redeposit, and thereupon such member shall be allowed credit for all service to which the member had been entitled at date of termination of earlier membership, with like effect as if all such service had been rendered as an employee of this city, whether so rendered or not. The city agrees to underwrite and hereby assumes the obligations arising out of the granting of all such credits, and agrees that all such obligations and reserves required to provide such credits shall be charged to this city's account in said municipality accumulation fund. The five (5) per cent per annum withdrawal charge paid by the member shall be deposited to the credit of the city's account in said municipality accumulation fund, and the deposits of the amount previously withdrawn by the member shall be credited to his or her individual account in the employees' savings fund of the system. Section 10. That Chapter 21, Article 111, Section 21-54, be and the same is hereby amended to read as follows: Sec. 21-54. Limitation upon calculation of contributions from employees' earnings. The total earnings paid by the city to covered employees shall be considered in calculating the amount to be withheld and the deposits and contributions to be made to the Texas Municipal Retirement System by reason of current service rendered by such employee to this city. Section 11. Sec. 21-61.1. Retirement after twenty-five years and after twenty years of eligible employees. Effective on the fourteenth day of December, 1976, any employee of the city who has attained the age of fifty (50) years, and who as an employee of this city has completed twenty-five (25) or more years of creditable service for which he is entitled to credit in the Texas Municipal Retirement System, and who has been a member of the system for one (1) year or more, shall be eligible for service retirement as provided in subsection 1(b), section VII of Article 6243h, Vernon's Texas Civil Statutes, as amended. Any such employee who shall have completed twenty (20) years or more of creditable service as an employee of said city shall continue as a member of Texas Municipal Retirement System despite subsequent absence from service for a period in excess of sixty (60) months, provided he does not withdraw his deposits during such absence, and shall be eligible for retirement upon and after attainment of the minimum age prescribed by the act above mentioned. Section 12. That Chapter 21, Article 111, Sections 21-55, 21-56, 21-57, 21-58, 21-62, 21-63, 21-64, be and the same are hereby repealed. Section 13. That Chapter 21, Article IV, Section 21-74, be and the same is hereby amended to read as follows: Sec. 21-74. Grades and classifications--Fire department. The following number of positions in the following classifications are hereby established within the fire department: TABLE INSET: Grade Classification Positions I Firefighters 100 II Drivers/Operators 72 III Captains 46 IV District Fire Chiefs 12 V Deputy Fire Chiefs 3 VI Assistant Fire Chief 1 Total 234 Section 14. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 15. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 16. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of aumont on this the 1st day of May, 2007. % g�'UMOiVT ��, - Mayor Guy N. Goodson - i�' y / U *@Sao /00 11, Sb Imo/