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Res 1619 05/10/2022 LV-PD/FD � Q RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF. THE CITY OF:CIBOLO, TEXAS RELATING TO. AMENDING THE PERSONNEL .POLICY TO INCLUDE. THE . - REGULATION OF VACATION . LEAVE FOR: POLICE OFFICERS AND FIREFIGHTERS IN ACCORDANCE WITH THE TEXAS.LOCAL.GOVERNMENT CODE FOR A MUNICIPALITY WITH A POPULATION- ::OVER THIRTY- THOUSAND (30,000); PROVIDING THAT THIS.: RESOLUTION :SHALL:: BE CUMULATIVE OF . ALL OTHER RESOLUTIONS; PROVIDING ' FOR SEVERABILITY;`AND PROVIDING FOR AN EFFECTIVE DATE.- WHEREAS, ATE.WHEREAS, Section 4.06 of the.Cibolo City Charter provides that the City Council-shall, by ordinance or resolution, establish personnel policies; and WHEREAS, in accordance with Section 142.0013 of the Texas Local Government Code mandates that a member of a fire or.police department in a municipality with a population of more than 30,000 is entitled to 15 vacation days each year with pay if:tle member has been regularly employed in the department or departments for at,least one year; and.. WHEREAS, the City Council.amends the-personnel policy lo acknowledge the'statutory requirement.related to paid vacation for firefighters and police officers working in the City of Cibolo. 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 1.4.07 Vacation Leave The City provides :annual vacation Leave to regular, full-time Employees for rest and recreation, and to provide periods of time off for ;personal and emergency.purposes. Vacation Leave cannot betaken during the first six(6)months of initial employment with the City'(unless pre-approved by Supervisor,at hire).: Vacation Leave requests shall be approved according to the needs of the department. However; Supervisors should use their reasoned discretion to assist the Employee:in determining when vacation Leave may be taken. Earning All regular; full-time Employees accrue vacation=Leave on a bi-weekly basis. The annual Accrual rates for regular,;full-time Employees are as follows: Tenure Regular Bi- Director Bi- Firefighter. Police weekly w.eekly (uniformed) (uniformed) Accrual, AccrualBi-weeklyBi-weekly Accrual Accrual <1-5 years , ' 3.07 hours 4:61 hours 6.46 hours 4.61 hours 5-10 years 4.61 hours 6.15 hours 6.46 hours .61 hours .10-15 years 6:15 hours. 7.69 hours 18.61 hours 16.15hours. 15 years 7.69 hours 9.23 hours 10.77 hours 7:69 hours Maximum Accrual Employees may not carry more than 30 days (240 hours):of annual Leave from one Fiscal Year to the next (firefighters maximum accrual is: 336 -hours). Any vacation Leave accrued in excess of.30 days..(240 hours or 336 hours for firefighters) will ;be lost,on the first Pay Period of the new Fiscal Year (must-use the time off by the last Pay Period of the Fiscal Year).,If a work situation occurs preventing an Employee from taking vacation Leave: during the year, :the City ;Manager: may authorize a .carryover in excess of the: maximum. Each situation will be reviewed, and a determination made on a case-by-case basis. All Department Heads or their designee should insure that, whenever possible, vacation Leave will be scheduled for use by an Employee to prevent any loss of accrued ,vacation Leave.. Departments should review their balances quarterly. However, Employees are ultimately responsible for requesting time off. Payment at Separation Upon..- separation from employment, any Employee who has:. completed their introductory period with the.City will be paid for vacation Leave hours accrued but.not ..taken up to a maximum .of 30 days, (240 hours or 336 hours:for firefighters). Break In Service Employees:who voluntarily terminate their employment with the City but return at a dater date, forfeit all vacation accrual rates previously credited and will commence as a:new Employee. .. ... 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 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 io . DAY OF MAY 2022. APPROVED: ..• Stosh Boyle Mayor- ATTEST- Peggy ayorATTEST.Peggy Cimics, TRMC City Secretary