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CITY COUNCIL AGENDA ITEM NO.  4

Meeting Date:  September 26, 2000

 Subject/Title:    Revision of Council/Administrative Policy No. 20-9, Vacation Buy-Back                    

Submitted by:   Patti Standley, Human Resources Manager                                   

Approved by:    Jon Elam, City Manager

RECOMMENDATION

Adopt a Resolution revising Council/Administrative Policy No. 20-9, Vacation Buy-Back to include a provision for cash conversion of accrued vacation due to a personal hardship as defined by the policy.

PREVIOUS ACTION

Effective November 9, 1999, the City Council adopted Council/Administrative Policy No. 20-9, Vacation Buy-Back.

BACKGROUND

A City employee brought forth a request to convert a portion of his accrued vacation to cash due to a personal financial emergency that could not have been budgeted for or anticipated.  The City Council Personnel Sub-committee reviewed the request at the sub-committee meeting held on August 30, 2000. 

 Due to the personal, confidential nature of this type of request, the sub-committee directed staff to prepare a policy/procedure to establish criteria for processing a hardship request to convert accrued vacation to cash.   Instead of preparing a separate policy to address hardship requests, staff proposes to revise the above subject policy to add Section 3:  Hardship Request.  A copy of the revised policy is attached.  Staff met and conferred with the various bargaining units and employee groups regarding the impacts of this policy. 

The revised policy provides examples of qualifying hardships and the timeframe allowed for staff to process a request.  Finally, the policy provides for appeal of a denied request to the City Council Personnel Sub-committee whose decision shall be final.  

RESOLUTION NO.  

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO COUNCIL/ADMINISTRATIVE POLICY NO. 20-9, VACATION BUY-BACK 

WHEREAS, staff received a request from an employee to convert accrued vacation to cash due to a personal financial emergency, and 

WHEREAS, the City Council Personnel Sub-committee met with staff to review the request, and 

WHEREAS, the City Council Personnel Sub-committee directed staff to prepare a policy/procedure to process this type of request, and 

WHEREAS, staff met and conferred with the City’s bargaining units and employee groups to discuss and revise Council/Administrative Policy No. 20-9, Vacation Buy-Back to provide for the review and processing of hardship requests. 

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood, approves the amended Council/Administrative Policy No. 20-9, Vacation Buy-Back effective September 26, 2000.           

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on September 26, 2000 by the following vote: 

AYES:    

NOES:      

ABSENT:    

 Section 1:       PURPOSE 

The purpose of this policy is to establish eligibility requirements for employees to receive cash in-lieu of time off for accrued vacation.   

Section 2:       POLICY 

Non-management employees are eligible to exchange up to 40 (forty) hours of accrued vacation for a lump sum payment at the employee’s current salary rate twice each fiscal year, as follows:  The lump sum payments will occur in conjunction with the final salary payment for March and October of each year.  Although there is no qualifying period to be eligible to exchange vacation for pay in March, the employee must have reached his/her three-year anniversary date in order to be eligible to exchange vacation for pay in October.  An additional cash payment opportunity will be extended to employees for hours over the accrual limit at the end of each fiscal year. 

Management employees are eligible to exchange up to 80 (eighty) hours of accrued vacation for a lump sum payment at the employee’s current salary rate twice each fiscal year.  There is no qualifying period to become eligible for this benefit.  The lump sum payments will occur in conjunction with the final salary payment for March and October of each year.  An additional cash payment opportunity will be extended to employees for hours over the accrual limit at the end of each fiscal year. 

Lump sum payments shall not be considered part of salary for retirement or other salary related benefits. 

Section 3:       HARDSHIP REQUEST 

In the event that an employee, eligible for vacation accrual, experiences a personal financial hardship due to circumstances beyond their control, they may submit a request to the Human Resources Department to receive cash payment of accrued vacation.  Hardship Request forms are available in the Human Resources Department.  Examples of qualifying hardship requests include:  unexpected legal expenses, unbudgeted medical expenses not covered by other means, or other situations that cannot be planned or anticipated.   

In order to keep hardship requests and the circumstances surrounding such a request as confidential as possible, all hardship requests will be reviewed, within five working days, in the following manner: 

1.                  The employee submits a completed Hardship Request form to the Human Resources Manager.

2.                  The Human Resources Manager obtains an updated copy of the employee’s absence schedule from payroll to verify the number of vacation hours available.

3.                  If clarification of the request is necessary, the Human Resources Manager will contact the requesting employee to obtain additional information.

4.                  A request that meets the qualifications described above will be approved by the Human Resources Manager.  The request will then be presented to the City Manager with a recommendation for final approval.

5.                  The employee will receive a response regarding the status of their request within five working days from the date it is received by the Human Resources Manager.

6.                  The approved request will be delivered to payroll.  A check will be prepared within two business days.

7.                  If the request is denied, the employee may appeal to the City Council Personnel Sub-committee by submitting a written request to the Human Resources Manager.  The City Council Personnel Sub-committee will meet with the employee to hear the appeal within ten calendar days from the date the request for appeal is received.  The decision will be presented to the employee within two business days following the meeting.  The decision of the City Council Personnel Sub-committee will be final.                                                       

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov