ORDINANCE NO. 220017

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Amending Chapter 2, Code of Ordinances, entitled “Administration,” by repealing Section 2-1099, Vacation leave, and enacting in lieu thereof a new section of like number and subject matter to establish the calculation by which vacation leave accrued and not used will be compensated to employees leaving municipal service.

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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 64, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-1099, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 2-1099.  Vacation leave.

(a) Generally.

(1) Amount.

a.                     Vacation leave for all full-time regular employees in the classified or unclassified service, except employees specifically covered elsewhere in this section, allocated to classes within the managerial, professional, supervisory or confidential group shall receive vacation leave annually as follows:

b. Employees in a department director, assistant city manager, city clerk or city auditor classification shall receive vacation leave annually as follows:

c.                      A regular employee appointed to the classified or unclassified service on or prior to the fifteenth day of the month shall receive vacation leave credit beginning on the first day of that month; such employee appointed to the classified or unclassified service subsequent to the fifteenth day of the month shall receive vacation leave credit beginning on the first day of the succeeding month.

d.                      An employee who is compensated for 41 hours or more in a pay period will be credited with the proportionate amount for the pay period.

e.                      A full-time contract employee appointed as a full-time regular employee after June 1, 2002, who has been a resident of Kansas City, Missouri and a full-time contract employee for at least five consecutive years immediately preceding appointment and whose contracts during such period provided vacation leave for the employee:

1.                      Shall be credited with five years of services for purposes of calculating annual vacation leave under this section;

2.                      Shall not be considered a new employee for purposes of subsection (a)(2) of this section; and

3.                      Shall be credited with any vacation leave credited and unused as a contract employee.

(2)                      New employees; scheduling. No annual leave may be taken by an employee until the employee has been in the service of the city continuously for a period of six full months. Each department head shall keep records of vacation leave credit and use, and shall schedule vacation leaves with particular regard to the seniority of employees, to accord with operating requirements, and insofar as possible with the requests of employees.

(3)                      Accrual. Employees with less than 15 years of service may accrue vacation leave to a maximum of twice the amount earned in a year. Employees with 15 consecutive years or more of service may accrue vacation leave to a maximum of two and half times the amount earned in a year. Employees who are in the job class of budget officer, deputy city attorney, deputy director, deputy director of aviation or deputy director of water services and who have 20 consecutive years or more of service may accrue vacation leave to a maximum of 600 hours.

(4)                      Terminal leave. Any employee leaving municipal service shall be compensated for vacation leave credited and unused at the employee’s regular rate of pay. In calculating such compensation, the City shall not include any extraordinary pay, shift differentials, special duty pay, overtime, or any other additional pay.

(5)                      Holidays occurring during vacation period. Any official holiday as set forth in this article that shall occur during an employee's scheduled vacation period shall not be counted as a day of vacation.

(6)                      Extra vacation day. Each full-time regular employee in the classified and unclassified service shall receive, in addition to the employee's regular vacation leave credit provided for in this section, two additional days of vacation, which may be taken at the employee's option, with the approval of the employee's department head.

(7)                      Kansas City Corporate Challenge competition. Employees participating in the city's official Kansas City Corporate Challenge competition shall earn an extra vacation day upon meeting the following criteria:

a.                     Receiving a medal for first, second or third place in an officially sponsored Kansas City Corporate Challenge event or

b.                     Representing the city in at least two officially sponsored Kansas City Corporate Challenge events (i.e. in competition, as an event coordinator, or as an assigned volunteer).

c.                     The extra vacation day must be taken during the fiscal year in which it was earned and cannot be accumulated. If an employee fails to use the extra vacation day prior to the end of the fiscal year the extra vacation day shall be forfeited. An unused extra vacation day shall not be paid out upon an employee's separation.

(8)                      City manager. The city manager shall be entitled to annual leave of six full five-day workweeks.

(b) Local 500-AFSCME. Employees allocated to classes covered by the provisions of the work agreement between the city and Local 500-American Federation of State, County and Municipal Employees shall receive vacation leave in accordance with the provisions of the work agreement in effect.

(c) Local 42-IAFF. Employees allocated to classes covered by the provisions of the work agreement between the city and Local 42-International Association of Fire Fighters shall receive vacation leave in accordance with the provisions of the work agreement in effect.

(d) Local 3808-IAFF. Employees allocated to classes covered by the provisions of the work agreement between the city and Local 3808-International Association of Fire Fighters shall receive vacation leave in accordance with the provisions of the work agreement in effect.

(e) Waiving vacation. As vacation leave is granted to employees for a period of recreation, no employee shall be ordinarily permitted to waive such leave for the purpose of receiving double pay, excepting, however, that employees in pay range M-K and below with ten years or more of service, and having at least four weeks of accumulated vacation, may cash in 40 hours of vacation per year. The number of employees who may exercise this option during any pay period is limited to five percent of the M-class department employees.

(f) Prerequisites for usage. Generally, vacation time must be earned and recorded prior to usage.

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Approved as to form and legality:

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Katherine Chandler

Assistant City Attorney