2400 ORDINANCE NO. A9OO
AN ORDINANCE TO AMEND THE PERSONNEL MANUAL OF THE CITY
OF WEST MEMPHIS, ARKANSAS, TO ESTABLISH BI-WEEKLY PAY
PERIODS AND FOR OTHER PURPOSES.
WHEREAS,the City Council of the City of West Memphis desires to amend the Personnel
Manual of the City of West Memphis, Arkansas, for the purpose of changing from semi-monthly
pay periods to bi-weekly pay periods and to make other necessary changes to update the personnel
manual;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Section 2.3 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
2.3 Definition of"Employee"
EMPLOYEE - An individual who is compensated by and provides a service to the City
regardless of the number of hours of work performed during a given time period or the
length of the term of employment. The term "employee" shall not include any elected
official, any voluntary, appointed member of any board, commission or authority, or any
person performing services for the City on the basis of a service contract, retainer, or
prescribed fee.
EXEMPT EMPLOYEE - An employee who is not eligible for overtime as defined by the
Fair Labor Standards Act.
FULL-TIME EMPLOYEE - An employee who is regularly scheduled to work an average
of at least thirty(30)hours per week in a rolling calendar year.
NON-EXEMPT EMPLOYEE - An employee who is eligible for overtime compensation as
defined by the Fair labor Standards Act.
OVERTIME -Hours worked in excess of forty(40) hours during a regular work week (7
day work period), except for firefighters. Firefighters will be paid overtime in excess of 106
hours in a 14 day work period.
PART-TIME EMPLOYEE - An employee who is regularly scheduled to work in a
position whose daily, weekly, or monthly hours are less than the hours established for full-
time employees.
SUPERVISOR- A person who has been designated to oversee other employees in a
department.
TEMPORARY EMPLOYEE - An employee hired for an intermittent or specified period
of time, for a season, for a job of limited duration or for a non-recurring work period.
WORK WEEK- Seven(7) day period beginning at 7:00 a.m. on Saturday.
SECTION 2. Section 2.6 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
2.6 Working Schedule
Supervisors will advise employees of the times their schedules will normally begin and end.
Staffing needs and operational demands may necessitate variations in starting and ending
times, as well as variations in the total hours that may be scheduled each day and week.
Employees shall be in attendance at their work stations in accordance with the rules and
guidelines established by the Department Heads or Supervisors.
The City reserves the right to adjust and change hours of work, days of work and schedules
to fulfill its responsibility to the citizens of the City of West Memphis. In an emergency,
previously scheduled hours of work, days of work and work arrangements may be altered at
the discretion of the Department Head. Changes in work schedules will be announced as far
in advance as practicable.
Whenever possible, full-time employee work schedules shall provide a rest period (break)
during each four-hour work shift. Reasonable time off for a meal will be provided.
UNAUTHORIZED WORK TIME
Because of FLSA regulations,non-exempt employees are not to commence work prior to the
scheduled starting time, work during their meal break, or work past the scheduled end of
their shift without prior approval of their immediate supervisor.
FLSA non-exempt employees who work unauthorized overtime hours will be subject to
disciplinary action.
SECTION 3. Section 2.9 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
2.9 COMPENSATION
2.9.1 REPORTING AND VERIFYING HOURS WORKED
Compensation for employment with the City of West Memphis may be subject to the Fair
Labor Standards Act. It is each employee's responsibility to monitor and record an accurate
status of the hours he/she works per payroll period to ensure that he/she is properly paid for
time worked.
All employees shall report their hours worked on the forms provided by their manager. It is
the responsibility of each employee to properly complete a timesheet recording the time that
he/she worked during every payroll period and to sign each time sheet. By signing the
timesheet, each employee is verifying its accuracy. Signed and completed timesheets must
be turned in on a bi-weekly basis to their supervisors for signatures. The supervisors shall
forward the same to Human Resources in a timely manner to ensure that proper records are
kept as to vacations, sick leave, hours worked and overtime accrued and taken.
2.9.2 PAYROLL RECORDS
Human Resources shall keep and maintain a record of work attendance, vacation and sick
leave earned, used and accrued; and any other leave, whether with or without pay. These
records shall be available to the department head, and individual employees shall be able to
inspect their own records during normal business hours.
2.9.3 PAYROLL PROCEDURES AND PAYDAY
Employees are paid bi-weekly on every other Friday. Pay stubs will be available to
Department managers by 11:00 a.m. on payday. When a holiday falls on a regular payday,
employees will be paid on the last working day prior to the holiday.
2.9.4 WHAT TO DO IF AN IMPROPER DEDUCTION OCCURS
If you believe that an improper deduction has been made to your salary, you should
immediately report this information to Human Resources.
Reports of improper deductions will be promptly investigated, If it is determined that an
improper deduction has occurred,you will be promptly reimbursed for any improper
deduction made.
2.9.5 OVERTIME
The City will pay overtime in accordance with the Fair Labor Standards Act and one and
one-half times the hourly rate for all hours worked in excess of forty (40) hours per week.
Overtime will be permitted only with prior approval of the supervisor prior to the
commencement of such work or when absolutely necessary due to emergency conditions.
Failure to obtain prior approval before working overtime will result in disciplinary action,
including but not limited to possible termination of employment.
When operating requirements or other needs cannot be met during regular working hours,
employees will be given the opportunity to volunteer for overtime work assignments. If no
employees volunteer for the overtime then the supervisor or department manager will
designate someone. All overtime work must receive the supervisor's prior authorization.
Overtime assignments will be distributed as equitably as practical to all employees qualified
to perform the required work.
Overtime compensation is paid to all non-exempt employees at the rate of one and one-half
times the hourly rate for all hours worked over forty (40) hours in a workweek. Holiday
Time is considered hours worked for overtime calculation purposes. Vacation and Sick Time
is not considered hours worked for overtime calculation purposes.
Failure to work scheduled overtime or overtime worked without prior authorization from the
supervisor may result in disciplinary action, up to and including possible termination of
employment.
EMERGENCY CALL-OUT AND STAND-BY POLICY
Employees who are subject to emergency call-out and stand-by must refer to their
department guidelines regarding pay.
2.9.6 COMPENSATORY TIME
Compensatory Leave Time (comp time) for overtime hours work is not allowed unless
approved by either the General manager of Utilities for Utility employees or the Mayor for
all other city employees. Human Resources must be notified and balances maintained with
the Payroll Department.
Comp time is accrued at a rate of time and a half for all hours worked in excess of forty(40)
hours per workweek. No employee may accumulate more than forty(40) hours of
compensatory time at any given time during the calendar year. Hours in excess of forty (40)
hours shall be paid at the appropriate overtime rate. Upon termination of employment any
unused compensatory time is to be paid at a rate equal to the employee's then-prevailing rate
of pay.
Each employee shall be responsible for maintaining accurate records of overtime and
compensatory time. However, the overtime and compensatory time records of the Supervisor
shall be final with respect to the amount of compensatory leave time earned of an employee.
Compensatory leave must be taken during the calendar year earned and should be scheduled
in the same manner required for vacation days.
2.9.7 NON-EXEMPT AND EXEMPT EMPLOYEES
Non-exempt employees are subject to the Fair Labor Standards Act (FLSA)overtime
requirements the therefore are subject to the overtime policies set forth in this Handbook.
Exempt employees are not subject to the Fair Labor Standards Act overtime requirements.
Certain employees are classified as exempt based upon the nature of the work, conditions of
employment and by the criteria set forth in the rules and regulations of the Fair Labor
Standards Act. Exempt employees shall not be eligible for overtime or comp time for hours
worked in excess of the regular workweek.
SECTION 4. Section 3.5 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
3.5 TARDINESS
It is your responsibility to be on time for work. if you are going to be late arriving on the job,
you must notify your supervisor or department head immediately. If you know in advance
that you are going to be late, you should let your supervisor know so that he may make
arrangements to schedule around your absence.
Chronically reporting late may result in suspension, reduction of pay, or loss of your job.
Chronically reporting late means being late three (3)times in one (1)month.
• Refer to your Department Guidelines for further clarifications.
SECTION 5. Section 4.2 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
4.2 SICK LEAVE
Full-time employees who have completed one year of continuous service with the City are
eligible to receive sick leave.
A) Sick leave will be accumulated at a rate of twenty (20)working days per year for any
employee hired before 1/6/2008.
B) Any employee hired on or after 1/6/2008 shall be entitled to sick leave at the rate of
twelve(12) working days per year.
Sick leave will be posted to the employee's account on his or her anniversary date.
Any full-time employee who does not use a sick leave working day for a period of four(4)
months will receive a bonus equal to eight(8) hours of pay.
Firefighters shall be subject to the general provisions of the City of West Memphis regarding
sick leave except as specifically provided in this section.
Firefighters scheduled to be on duty for twelve(12)hours or more in a twenty-four(24) hour
period shall accumulate sick leave at a rate of ten (10)working days per year which shall be
posted to the firefighter's account on the firefighter's anniversary date.
For firefighters scheduled to be on duty for twelve(12)hours or more in a twenty-four(24)
hour period a "working day"shall mean that period of time a firefighter is on duty within a
twenty-four (24)hour period.
Firefighters scheduled to be on duty for twelve (12)hours or more in a twenty-four(24) hour
period may accumulate sick leave to a maximum of sixty (60) working days (1,440 hours).
Payment for unused sick leave in the case of a firefighter scheduled to be on duty for twelve
(12) hours or more in a twenty-four(24) hour period, upon retirement or death, shall not
exceed 720 hours at the firefighter's regular rate of pay at the time of separation.
No firefighter shall have any previously earned sick leave reduced in value because of this
change.
The department head will have jurisdiction as to individual requests for sick leave. The
department head's decision will determine whether compensation will be allowed for time
missed.
At the discretion fo the department head, a doctor's certificate may be required before an
employee can return to work. A doctor's certificate is required after three continuous missed
workdays.
Sick leave may be granted to the employee for the following reasons:
Illness preventing normal work.
Medical treatment or convalescence recommended by an attending physician.
Medical, dental or optical examinations.
Exposure to contagious disease.
Sick leave may be granted to employees due to illness of a member of the immediate family.
"Immediate family" shall mean the father, mother, sister, brother, wife, husband, child,
grandmother, grandfather, grandchild, in-laws or any other individual acting as parent or
guardian of an employee.
Sick leave will be charged against the employee for only those hours he is scheduled to
work.
The minimum length of time chargeable to sick leave will be one (1) hour.
Sick leave will accumulate to a maximum of sixty(60) days.
Whenever an employee is separated from City service for reasons or retirement or permanent
disability, unused sick leave will be paid the employee at his regular rate of pay at the time
of separation.
Accumulated sick leave of a deceased employee will be paid to the employee's estate or to
an individual authorized to receive such payments. Payment will be computed at the
employee's regular rate of pay on his last day worked.
Sick leave may not be used as vacation.
Any person returning to employment with the City of West Memphis after a previous period
of employment with the City of West Memphis shall not be credited with any sick leave
accrued during any previous period of employment.
SECTION 6. Section 4.3 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
4.3 HOLIDAYS
Employees of the City will observe the following holidays:
New Year's Day January 1
Martin Luther King's Birthday third Monday in January
Good Friday Friday before Easter
Memorial Day last Monday in May
Independence Day July 41h
Labor Day first Monday in September
Veterans Day November 11th
Thanksgiving Day fourth Thursday in November
Day after Thanksgiving fourth Friday in November
Christmas Eve December 24'h
Christmas Day December 25th
If a holiday falls on Saturday, it will be observed on Friday; if it falls on Sunday, it will be
observed on Monday.
Consistent with policy for all types of leave, you will not accrue vacation or other benefits
while you are on unpaid leave. Additionally,you will not be paid for holidays that occur
during the leave. However, the leave period will be treated as continuous service (i.e., no
break-in-service) for purposes of vesting and eligibility to participate in the City's retirement
plan.
SECTION 7. Section 4.4 of the Personnel Manual of the City of West Memphis is amended
to read as follows:
4.4 HOSPITALIZATION PLAN
The employee must complete an enrollment form during his initial interview with Human
Resources. Details of the plan will be covered at that time.
Coverage will begin on the first day of the month following employment.
Employee only coverage is available. Dependent coverage may be requested at the time the
enrollment form is completed.
Changes can only be made during each year's benefits open enrollment period, unless
employees have a qualifying reason as allowed by law. Contact Human Resources for these
types of request.
Coverage may be kept in force during a leave of absence without pay, providing the
employee pays, in advance, both the employee and, if applicable, dependent premiums.
Life insurance is included in the basic coverage of the plan. You should make sure your
enrollment card has the correct beneficiary at all times.
Health and Dental Coverage may be continued after the end of the employee's term of
service to the minimum time period required by law. Whenever an employee is separated
from City service for reasons or retirement (20 years of service) or permanent disability, the
employee may retain coverage under the plan indefinitely, provided the employee pays, in
advance, both the employee and, if applicable, dependent premiums.
SECTION S. Section 4.7 of the Personnel Manual of the City of West Memphis is amended
to read as follows:
4.7 PENSION PLAN
The City has established a pension plan for non-uniformed, full-time employees. All non-
uniformed, full-time employees of the City who have completed one (I) year of continuous
service are eligible to participate in the plan.
Participation will commence on the first (V)day of the month following the completion of
one(1)year's continuous service. The employee is not required to contribute to the plan in
order to participate.
An Elected Official may make voluntary contributions. The City will not contribute on
behalf of an elected official.
The City will contribute six percent (6%) of the employee's regular pay to the plan. The
participants may elect to contribute a voluntary amount of not less than two percent (2%) of
his/her regular pay to the plan.
Voluntary contributions may be discontinued at any time.
Participants will receive a quarterly statement showing amounts added to or withdrawn from
their account. Participants will receive an annual statement showing amounts added to or
withdrawn from their account as well as the interest earned and the current value of their
account.
Contributions can be invested in various funds including fixed and variable options. Interest
at a rate to be announced each year will be credited to each participant's account.
Employees will complete an enrollment form before participating in the plan.
When the participant's employment with the City ceases, benefits of the plan will be
determined as follows:
(1) Retirement on or after normal retirement date: Full value of the account.
(2) Death: Full value of the account will be paid to the beneficiary named on the
enrollment card.
(3) Total or permanent disability: Full value of the account.
(4) Any other reason: Full value of the participant's contribution, if any plus
interest,plus the percent(20%) of the City's contribution for each year of
continuous service. After the five(5)years of service with the City,the
employee receives one hundred percent(100%).
SECTION 9. It is an intent of the City of West Memphis, by these amendments, to modify
the pay schedule for all city employees from a semi-monthly pay schedule to a bi-weekly pay
schedule and, to that extent, any ordinance, resolution, or policy of the City of West Memphis to the
contrary is hereby amended to be consistent with the establishment of a bi-weekly pay schedule.
SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
PASSED AND APPROVED this 741` day of .7gNuhe7 , 20/6
WILLIAM H. JO ON, MAYOR
ATTEST:
PHILLIP PARA, CITY CLERK
RE€'^"
SPONSORED BY: City Uk.
Date/ I/�iri14 ]nrOa-W"'
By
_