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File #: 090902.    Version: Name: Holiday Policy (B)
Type: Staff Recommendation Status: Passed
File created: 4/15/2010 In control: Audit, Finance and Legislative Committee
On agenda: Final action: 4/15/2010
Title: Human Resources Holiday Policy (B) The Charter Officers seek direction on an amendment to the Human Resources Holiday Policy for non-represented employees.
Attachments: 1. 090902_Holiday_Policy_20100329.pdf
Title
Human Resources Holiday Policy (B)
The Charter Officers seek direction on an amendment to the Human Resources Holiday Policy for non-represented employees.
 
Explanation
The current Human Resources Holiday Policy observes ten paid holidays for non-represented employees.  With the implementation of non-traditional work schedules across the organization, such as the 4 day, 10 hour workweek, it has become necessary to clarify the application of the policy to the workweek.  
 
Several of the Charter Officers support amending the Holiday Policy to set forth a maximum of 80 hours of holiday pay per year, depending on the full-time status of the employee.  This is the equivalent of ten paid holidays at eight hours each.   This amendment provides for equitable benefits for all non-represented employees regardless of their work schedule or reporting hierarchy.  A copy of this revised Policy is attached as Exhibit "A"
 
Soon after the approval of the 4-10 hour workweek in the Fall of 2008, the City Attorney's Office collegially developed an internal Attendance and Work Schedule Policy to implement the 4-10 workweek, specifically addressing holidays in the context of a 4-10 workweek.  The City Attorney's internal policy, a copy of which is attached as Exhibit "B", only applies to the employees of the City Attorney's Office and is tailored to fit the specific needs of a professional law office.  The function of a law office necessitates the actual physical presence of employees in the office to regularly produce legal documents, respond to judicial and administrative agencies, and attorneys' offices that are open 5 days per week, meet deadlines that are independent of the City's regular work schedule.
 
The City Attorney therefore has several concerns with the amendments proposed by the other Charter Officers.  These concerns are more fully outlined in the City Attorney's memorandum to the Charter Officers dated September 22, 2009 (a copy of which is attached as Exhibit "C").  As a result of these concerns, the City Attorney recommends an alternative revision to the Human Resources Policy that would permit Charter Officers some flexibility in accommodating a 4 - 10 hour workweek in a 5 - 8 hour work environment.  This flexibility is consistent with the practice of the City Manager and General Manager for Utilities, some of whose employees work a 5 - 8 hour workweek or other flexible work schedule to meet the demands of their particular functions in meeting the needs of the citizens and customers.
 
The City Attorney recommends a slight revision to the proposed Policy that acknowledges the current practice of the City Attorney's Office since the Fall of 2008 by adding the words "or by specific written guidelines adopted by a Charter Officer" in Article V of the Policy page 2, line 7 as shown by italics in Exhibit "D".
 
Fiscal Note
The amendment proposed by several of the Charter Officers does not change the current cost of providing holiday pay.  The amendment proposed by the City Attorney's Office adds 10 additional hours per year for those employees in the Office on a 4-10 work schedule.
 
Recommendation
The City Commission adopt the Human Resources Holiday Policy (L-6) outlined in Exhibit "A".



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