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20-7825 Amending, Restating and Repealing Resolution No. 20-7822 addressing Temporary Personnel Measures in Response to the COVID-19 Public Health Emergency RESOLUTION NUMBER 20-7825 A RESOLUTION AMENDING, RESTATING AND REPEALING RESOLUTION NUMBER 20-7822 ADDRESSING TEMPORARY PERSONNEL MEASURES IN RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY. WHEREAS: A. The City of Salina, Kansas (the "City") has adopted the commission-manager form of government under which the city manager appoints and removes all heads of departments and all subordinate officers and employees of the City upon merit and fitness alone pursuant to both state law [K.S.A. 12-1040(d)] and local ordinance [Salina Code Sec. 2-28(4)]. B. The City has adopted and utilizes the City of Salina Personnel Manual in the administration of personnel policies and practices as recommended by the city manager and approved by resolution of the governing body (the "Personnel Manual"). ... C. The pandemic and public health emergency presented by COVID-19 has resulted in multiple impacts upon City employees relating to both their work duties and management of their private lives. D. The United States Congress has enacted the Families First Coronavirus Response Act with an effective date of April 1, 2020, including both the Emergency Family and Medical Leave Expansion Act (Division C) and the Emergency Paid Sick Leave Act (Division E). E. On March 27, 2020, Saline County Health Officer, Jason K. Tiller, issued a 30-day stay-at-home order for residents of Saline County,Kansas effective March 30, 2020 until Wednesday, April 29, 2020, unless sooner amended, superseded, or rescinded; F. On March 28,2020, Governor Laura Kelly issued Executive Order No. 20-16 directing all individuals within the state of Kansas to stay in their homes or residences unless performing an essential activity, while exempting specified essential functions based upon the Kansas Essential Functions Framework (KEFF), effective March 30, 2020 until April 19, 2020, or until the statewide State of Disaster Emergency proclaimed on March 12, 2020, relating to COVID-19 expires, 11111111010 whichever is earlier. z G. Employees of the City accrue "Vacation Leave" pursuant to Article 15 of the Personnel Manual, to be scheduled to meet the operating requirements of the department and, if possible, the preference of employees. H. Employees of the City accrue "Sick Leave" pursuant to Article 16 of the Personnel Manual, to be used for: 1. Personal illness or physical incapacity. 2. Enforced quarantine of the employee. 3. Medical appointments. 4. Illness or injury in the employee's family requiring the employee's attendance. 5. Attendance at funerals for members of the employee's family. I. For emergency situations not covered under Article 16 "Sick Leave" employees have �,.. the option of utilizing accumulated vacation leave or their personal day, subject to prior approval of the department head ("Emergency Leave"). If the employee does not have sufficient vacation or personal leave accumulated to cover the absence, such emergency leave may be granted without pay. J. Employees of the City accrue a personal day ("Personal Leave") pursuant to Article 14 of the Personnel Manual. K. The Emergency Paid Sick Leave Act provides employees up to 80 hours of paid sick time, subject to certain fractional and dollar caps, ("Emergency Paid Sick Leave") to the extent the employee is unable to work(or telework) due to a need for leave because: 1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. 2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. 3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. 4. The employee is caring for an individual who is subject to an order as described in subparagraph(1) or has been advised as described in paragraph (2). 5. The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions. 6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with he Secretary of the ciz Treasury and the Secretary of Labor. L. The Emergency Family and Medical Leave Expansion Act provides eligible employees 10 days of unpaid leave and up to 10 weeks of paid leave, subject to fractional and dollar caps, ("Emergency FMLA Leave") if the employee is unable to work or telework due to care of a child because of school or childcare facility closure or the unavailability of the child care provider due to a public health emergency. M. Federal, State and local responses to the COVID-19 public health emergency in relation to public employment present rapidly changing circumstances surrounding recently enacted and to-be-enacted legislation, recently provided and to-be provided interpretive guidance; and existing and future Federal, State, and local orders. N. The Governing Body, upon the recommendation of the City Manager, desire to authorize use of Sick Leave by employees subject to a stay-at-home order, to temporarily provide full-time employees with COVID-19 related paid leave, and to temporarily provide full-time employees of the City with a form of advanced leave, collectively in order to enhance the potential for preservation of the employee's base rate of compensation due to COVID-19 related orders; restrictions; or modified work schedules, working conditions and/or job assignments that prevent an employee from otherwise performing the employee's regular duties as regularly scheduled. THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Salina, Kansas: Section 1. The Governing Body acknowledges and ratifies the City Manager's previously authorized employee use of Sick Leave for child-care related absences that have recently arisen as the result of COVID-19 related school closures and further authorizes employee use of Sick Leave for any COVID-19 related absences, including, but not limited to either a State or local stay-at-home order. MUM Section 2. The City Manager is authorized to designate essential and non-essential employees Z and temporarily modify the work schedules, working conditions and/or job assignments of individual employees in response to COVID-19 related needs, recommendations, directives or mandates. Section 3. The City Manager is authorized to grant full-time employees 80 hours (or the equivalent for employees working other than a 40-hour-a-week schedule) of additional paid leave ("COVID-19 Paid Leave") for use in relation to COVID-19 related absences, commencing effective retroactively to March 16, 2020 and ending December 31, 2020, without carryover and without cash value upon separation. Utilization of COVID-19 Paid Leave shall be administered by the City Manager in a manner that enables (a) use of COVID-19 Paid Leave for absences determined by the City Manager to be COVID-19 related absences, (b)lawful utilization of Emergency Paid Sick Leave .w.... and Emergency FMLA Leave, when applicable, (c) utilization of COVID-19 Paid Leave in concert with Vacation Leave, Sick Leave, Emergency Leave, and Personal Leave, as determined by the City Manager, and (d) enhancement of the potential for preservation of the employee's base rate of compensation due to COVID-19 related orders; restrictions; or modified work schedules, working conditions and/or job assignments that prevent an employee from otherwise performing the employee's regular duties as regularly scheduled. Section 4. Until December 31, 2020, the City Manager is authorized to grant full-time employees up to 120 hours (or the equivalent for employees working other than a 40-hour-a-week schedule) of"COVID-19 Leave Advancement," effective retroactively to March 16, 2020, for use upon the election of the employee to the extent the employee's COVID-19 Paid Leave, Sick Leave, Vacation Leave, Personal Leave, Emergency Paid Sick Leave (if applicable), and Emergency FMLA .1.11.1611 Leave (if applicable) are insufficient to preserve the employee's base rate of compensation due to COVID-19 related orders; restrictions; or modified work schedules, working conditions and/or job assignments that prevent an employee from otherwise performing the employee's regular duties as regularly scheduled. Z Section 5. The City Manager is authorized to approve additional COVID-19 Leave Advancement on a case-by-case basis for unique individual COVID-19 related circumstances that prevent or have prevented an employee from otherwise performing his or her duties such that use of advanced leave in excess of 120 hours is warranted and necessary. Section 6. The City Manager is authorized to provide that an employee's COVID-19 Leave Advancement balance shall be automatically reduced by the employee's future accruals of both Vacation Leave and Sick Leave until the employee's COVID-19 Leave Advancement balance is returned to zero. Section 7. The City Manager is authorized to provide that an employee may continue to use Nig Sick Leave as otherwise provided in the Personnel Manual while he or she has a COVID-19 Leave Advancement balance. Section 8. The City Manager is authorized to direct that employees are to be paid their standard rate with actual hours worked and total compensation to be finalized at a later date in the event that COVID-19 related directives or mandates or other staffing or technical difficulties make full submission and processing of timesheets impractical. Section 9. The City Manager is authorized to waive the less-than-five-year service limitation on sick leave advancement for all general provisions currently existing in the Personnel Manual so that all employees may be eligible to request such advancement for occurrences not covered by Emergency FMLA Leave. Section 10. The City Manager is authorized to assign city staff to assist other public entities or service agencies with COVID-19 relief efforts, including authorization for city staff to utilize city facilities and equipment in conjunction with such assistance. ti Section 11. The City Manager is directed to continue to review the provisions of the Families ro First Coronavirus Response Act, as well as pending and future legislation under consideration by Congress now or in the future, and make further recommendations deemed advisable for consideration by the Governing Body. Section 12. This resolution shall be in full force and effect from and after its adoption. Section 13. Resolution 20-7822 is repealed. Adopted by the Board of Commissioners and signed by the Mayor this 30th day of March 2020. K,7 Michael L. H►;sock, Mayor (SEAL) ATTEST: Shandi Wicks, CMC, City Clerk