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AGENDA ITEM REVIEW FORM |
3.
Special City Council Meeting
- Meeting Date:
- 03/01/2023
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Resolution
Resolution
ITEM:
DISCUSSION AND POSSIBLE ACTION ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 2255. A resolution of the Mayor and City Council of the City of San Luis, Arizona, establishing February 23, 2023, as the effective date for Resolution No. 2254 regarding pay for temporary assignments; repealing any conflicting provision, providing for severability; and declaring an emergency. (Kay Marion Macuil, City Attorney)
(6 votes in favor are required to pass immediately as an emergency measure per A.R. S. § 19-142)
Discussion and possible action on any and all matters regarding Resolution No. 2255. A resolution of the Mayor and City Council of the City of San Luis, Arizona, establishing February 23, 2023, as the effective date for Resolution No. 2254 regarding pay for temporary assignments; repealing any conflicting provision, providing for severability; and declaring an emergency. (Kay Marion Macuil, City Attorney)
(6 votes in favor are required to pass immediately as an emergency measure per A.R. S. § 19-142)
SUMMARY:
Background - Policy for Pay for Temporary Assignments
The city's Salary Administration policy, under San Luis Personnel Policies § HR-3-03(L), allows for employees to be temporarily assigned:
(1) to cover another position of a higher or lower grade or
(2) to assume some of the duties of a higher or lower pay grade to meet temporary organizational needs.
This is commonly done when another position is vacant or due to an employee's Leave of Absence and duties to that position requiring coverage.
Resolution No. 2254 passed February 22, 2023, amended § HR-3-03(L), removing the 90-day wait period for a 5% increase or entry rate of the new position, whichever is higher.
What This Resolution No. 2255 Does
Despite discussion at the February 22, 2023, Council Meeting desiring that the change to HR-3-03(L) take effect immediately, the Resolution did not set an effective date. Under the State Statute, A.R.S. § 19-142(B) and San Luis City Code § 2.05.520(A), resolutions become operative until 30 days after passage, unless an emergency is declared and there are six (6) votes of City Council in favor. Resolution No. 2255 sets the effective date as February 23, 2023, and declares an emergency. This means that
(1) employees currently on temporary assignments who have not completed the 90 days can start receiving the additional pay for their services with the paycheck that will issue on March 3, 2023, and
(2) any employees directed to work temporary assignments who start the assignments on or after February 23, 2023, will not have to wait 90 days for the additional temporary assignment pay.
The city's Salary Administration policy, under San Luis Personnel Policies § HR-3-03(L), allows for employees to be temporarily assigned:
(1) to cover another position of a higher or lower grade or
(2) to assume some of the duties of a higher or lower pay grade to meet temporary organizational needs.
This is commonly done when another position is vacant or due to an employee's Leave of Absence and duties to that position requiring coverage.
Resolution No. 2254 passed February 22, 2023, amended § HR-3-03(L), removing the 90-day wait period for a 5% increase or entry rate of the new position, whichever is higher.
What This Resolution No. 2255 Does
Despite discussion at the February 22, 2023, Council Meeting desiring that the change to HR-3-03(L) take effect immediately, the Resolution did not set an effective date. Under the State Statute, A.R.S. § 19-142(B) and San Luis City Code § 2.05.520(A), resolutions become operative until 30 days after passage, unless an emergency is declared and there are six (6) votes of City Council in favor. Resolution No. 2255 sets the effective date as February 23, 2023, and declares an emergency. This means that
(1) employees currently on temporary assignments who have not completed the 90 days can start receiving the additional pay for their services with the paycheck that will issue on March 3, 2023, and
(2) any employees directed to work temporary assignments who start the assignments on or after February 23, 2023, will not have to wait 90 days for the additional temporary assignment pay.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2255 AND DECLARE AN EMERGENCY.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- Potentially All
- TOTAL:
- See Fiscal Impact Statement
- BUDGETED AMOUNT:
- See Fiscal Impact Statement
- AVAILABLE AMOUNT TO TRANSFER:
- See Fiscal Impact Statement
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- See Fiscal Impact Statement
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Temporary assignments are necessary for the continuity of operations when there are vacancies in the department. These vacancies provide budget capacity to cover the additional pay. For employee's Leave of Absence with pay, there are no vacancies to cover the additional expense; however, the departments can identify budget capacity within the departments or as a request east resort, departments may request from City Council at an Open City Council Meeting, funds from the contingency budget.