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20-7830 Approving City Manager's Recommended Emergency Staffing PLan for the Remainder of the City of Salina's 2020 Calendar Budget Year in Response to the COVID-19 Public Health Emergency RESOLUTION NUMBER 20-7830 A RESOLUTION APPROVING THE CITY MANAGER'S RECOMMENDED Z EMERGENCY STAFFING PLAN FOR THE REMAINDER OF THE CITY OF SALINA'S 2020 CALENDAR BUDGET YEAR IN RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY. WHEREAS: U A. The City of Salina, Kansas (the "City")has adopted the commission-manager form of government under which the city manager is responsible for the administration and the affairs of the City 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. In response to the public health emergency presented by the COVID-19 pandemic and to limit the spread of COVID-19, Governor Laura Kelly has by a series of executive orders: 1. Temporarily closed K-12 schools; 2. Temporarily prohibited mass gatherings of 10 or more people; and 3. Established a statewide "stay-at-home" order in conjunction with the Kansas Essential Functions Framework(KEFF), most recently extended to May 3, 2020. D. Mass gathering limitations and stay-at-home orders have significantly limited local activity and spending to the detriment of local businesses,the local economy, and revenue projections included in the City's 2020 budget. E. In response to the COVID-19 public health emergency, the United States Congress has enacted the Families First Coronavirus Response Act and the Coronavirus Aid, Relief and Economic Security (CARES) Act, which includes an emergency increase in unemployment compensation benefits called "federal pandemic unemployment compensation" currently available through the week ending Saturday, July 25, 2020. F. Upon the recommendation of the City Manager and adoption of Resolution Number 20-7825 by the Governing Body on March 30, 2020,the Personnel Manual was temporarily amended to (i) authorize the use of Sick Leave by employees subject to a stay-at-home order, (ii) provide full- Z time employees with 80 hours of COVID-19 related paid leave, and (iii)provide full-time employees with a form of advanced leave 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. G. The City Manager, the Director of Finance and Administration, and the Deputy Director of Finance and Administration, with the assistance of the City's Executive Staff, have reviewed in detail and reported to the Governing Body regarding: 1. City finances and budget; 2. Available financial forecasting information and data; 3. All non-personnel expenditure categories; 4. All outstanding project contracts; and, at the request of the Governing Body, prepared multiple revised revenue forecasts addressing 30, 60, and 90-day stay-at-home order scenarios. H. Based upon all best available information and analysis, measures taken to reduce the spread of COVID-19 will adversely impact the City's 2020 budgeted revenues to an extent requiring significant impacts on City staffing and corresponding levels of service. I. In keeping with the City Manager's role and responsibility for: 1. Management of all administrative affairs of the City; 2. Appointment, supervision, and removal of all heads of departments and all subordinate officers and employees of the City, which appointments shall be made upon merit and fitness alone; 3. Preparation, submission to the governing body, and administration of the annual budget of the City; 4. Advising the governing body of the financial condition and needs of the city; and 5. Making recommendations to the governing body on all matters concerning the welfare of the City; and at the request of the Governing Body, the City Manager has developed a proposal for emergency staff adjustments for the remainder of the City's 2020 calendar budget year designed to address anticipated revenue shortfalls with the least financial harm to city employees. Z J. In keeping with the Governing Body's role and responsibility to: 1. Determine, after consideration of the recommendation of the city manager, the organization of the City in such departments and offices as are necessary to carry out the business of the City under the commission-manager form of government; and 2. Determine, after consideration of the recommendation of the city manager, the City's plan for compensating its employees; the Governing Body has considered and desires to approve the City Manager's proposal for staff adjustments for the remainder of the City's 2020 calendar budget year, as presented. THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Salina, Kansas: Section 1. Emergency Staffing Plan. The City Manager is granted the broad discretion required to implement the recommended plan as presented to the Governing Body for emergency staff adjustments for the remainder of the City's 2020 calendar budget year consistently with the objective of addressing anticipated revenue shortfalls with the additional goal of minimizing financial harm to city employees during a period of unpredictably fluctuating circumstances (the "Emergency Staffing Plan"). Section 2. Employee Classifications. For purposes of implementing the Emergency Staffing Plan, an employee's current classification as classified full-time, classified part-time, or regular part- time, as those terms are currently defined in Article 2 "Definitions" of the Personnel Manual, and the employee's associated qualification for specific employee benefits will not be altered by a change in the employee's work schedule under the Emergency Staffing Plan, other than the non-accrual of leave by a furloughed employee. Section 3. No Reductions in Force or Layoffs. The Emergency Staffing Plan does not include implementation of a reduction in force or layoffs as described in Article 24 of the Personnel Manual. Z a Lu Section 4. Furlough. The Emergency Staffingm Plan includes furloughing of employees at the discretion of the City Manager. For purposes of the Emergency Staffing Plan, a furloughed O employee: A. Will be on a mandatory leave without pay; B. Does not have to exhaust leave balances; C. Will not accrue additional leave balances during the furlough—leave balances will be frozen until termination of the furlough or separation from employment; D. Will continue to qualify for the City's share of the City's group health insurance benefit; E. Must arrange for payment of the employee's share of the health insurance benefit directly to the City; F. Will be given as much advance notice of the furlough as circumstances allow; and G. Is expected to qualify for traditional unemployment compensation and federal pandemic unemployment compensation (while in effect). Section 5. Shared Work Program. Based upon the cost savings to the City in reduced wages and employee eligibility for traditional unemployment compensation and federal pandemic unemployment compensation (while in effect), the Emergency Staffing Plan includes utilization of the shared work unemployment compensation program administered by the Kansas department of labor(the "Shared Work Program"). The City Manager is authorized to prepare and submit as many shared work plans or amended shared work plans for approval by the Kansas secretary of labor as may be necessary to implement the Emergency Staffing Plan. Section 6. Potential for Department Head Compensation Reductions. The Emergency Staffing Plan includes the potential for a 10% reduction in compensation of a department head (excluding an interim department head). When participation by a department head in the Shared Work Program no longer mutually benefits the City and the department head as compared to a 10% reduction in the department head's full time compensation, the department head will transition to a 10%reduction in compensation until December 31, 2020 or cessation of the emergency staffing plan whichever occurs first. Section 7. Implementation. In order to implement the Emergency Staffing Plan and to a respond to financial changes related to COVID-19,the City Manager is authorized to designate and/or cl re-designate essential and non-essential employees;to modify the Emergency Work Plan;to furlough 0 individual employees for periods of time deemed necessary; to modify work schedules and assignments in order to implement the Shared Work Program; and to modify the work schedules, working conditions and/or job assignments of individual employees. Section 8. Effective Date. This resolution shall be in full force and effect from and after its adoption and shall remain in effect through December 31, 2020. Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of April 2020. - 7//(77, Michael L. Ho'pock, Mayor (SEAL) ATTEST: Shandi Wicks, CMC, City Clerk