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Res 1606 10/26/2021 Pd Quarantine Lv RESOLUTION NO. 16G'6 A.RESOLUTION BY THE CITY COUNCIL OF THE. CITY OF CIBOLO, TEXAS RELATING TO : THE REGULATION OF PAID QUARANTINE LEAVE; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL OTHER RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.06 of the Cibolo City Charter provides that the City Council shall, by ordinance or resolution, establish personnel policies; and WHEREAS, House Bill 2073, which went into effect September 1, 2021, requires the City to adopt a policy providing paid leave to peace officers, fire fighters and emergency medical technicians when the employee is ordered to quarantine or isolate due.to a possible or known exposure to a communicable disease while on duty; and WHEREAS, the City Council adopted the Personnel Policies by Resolution on December 11, 2018 and now finds that it is necessary to amend the personnel policy to comply with state law and provide for paid quarantine leave for police officers and fire fighters due to a possible or known exposure to a communicable disease while on duty. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1 The meeting at which this resolution was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2 The City of Cibolo Personnel.Policies is amended by adding the following: Policy 1.4 Leave Benefits 1.4.12 Police/Fire Quarantine Leave A. Purpose: To provide paid leave to sworn police officers and fire fighters who are ordered to quarantine or isolate by the City's health authority or department management due to a possible or known exposure to a communicable disease, as defined by the Department of Health Rule 25 Tex. Admin. Code section 97.3(a)(2), while on duty;in accordance with Texas Local Government Code 180.008. . B. Scope: This policy applies to all fire fighters and police officers employed by the City. C. Policy: Paid Quarantine Leave provides that: 1)A fire fighter or police officer on paid quarantine leave receives: a) All employment benefits andcompensation, including leave accrual, pension benefits, and health benefit plan benefits for the duration of-the leave; and b) Reimbursement for reasonable: costs related to the quarantine, including lodging, medical, and transportation; and c) Requires that the leave be ordered by the person's supervisor or the City's health authority. D. The quarantine or isolation under this provision must be approved by either (i) the employee's' direct supervisor, (ii) department director; or (iii) the City's Health Authority. E. The City may not reduce a fire fighter's or police officer's sick leave balance, vacation leave balance, holiday leave balance, or other paid leave balance in connection with paid quarantine leave taken in accordance with a policy adopted. SECTION 3 CUMULATIVE CLAUSE The Amendment outlined in Section 2 of the City of Cibolo Personnel Policies, are the only .changes and the remainder of the Policy shall stay as written. That this Resolution shall be cumulative of all other ordinances and resolutions of the City of Cibolo, Texas, except where the provisions of this Resolution are in direct conflict with the provisions of such other ordinances and/or resolutions, in which event the conflicting provisions of such ordinances or resolutions are hereby repealed. SECTION 4 SEVERABILITY That it is hereby declared to be the intention of the. City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Resolution are severable, and if any phrase, clause, sentence, paragraph or section of this Resolution. should be declared unconstitutional by:the valid judgment or.decree of any court of competent jurisdiction, such unconstitutionality, _shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of the Resolution s, since the same would have been enacted by the City Council without incorporation in this resolution of any such unconstitutional phrases, clause, sentence,paragraph or section. SECTION 5 EFFECTIVE DATE This Resolution shall take effect and shall be in full force upon adoption. PASSED AND APPROVED AND ADOPTED THIS 201 DAY OF OCTOBER-2021. APPROVED: Sosh Boyle Mayor ATTEST: Peggy Cimics, TRMC City Secretary