§ 2-218.01. Sick leave bank.

(a) A sick leave bank is hereby established for the purpose of providing sick leave with pay for employees of the city during periods of personal or prolonged illness, accident, or injury not otherwise compensated by the city.

(b) The sick leave bank shall function under rules and procedures adopted by the city manager, and administered by a committee comprised of three (3) employees elected by the employees, one (1) department head, appointed by the city manager and the HR director.

(c) Election. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the term for which the three (3) elected employees are to be elected. The city clerk's office shall administer the nominating and election procedure for each election in accordance with the procedures and policies provided herein.

(1) No less than thirty (30) days before the expiration of a regular term or immediately upon notice of a vacancy on the committee, the city clerk will notify all employees that an employee representative must be elected to the committee and request nominations. Such notification will be in writing and will include a nomination form and a list of all employees eligible for nomination. Employees eligible for nomination will include all members making contribution into the sick leave bank who have completed their six (6) month probationary period of employment. Nominations will be forwarded to the city clerk before the time and date specified on the nomination form.

(2) If one (1) nominee receives a minimum of fifty-one (51) percent of the nominations, that nominee shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.

(3) If no nominee receives fifty-one (51) percent of all nominations, the city clerk will prepare an election ballot listing the nominees receiving the three (3) largest number of nominations and forward a ballot to all actively employed members. Election ballots shall be returned to the city clerk before the time and date specified on the ballot. The nominee receiving the highest number of votes for office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.

(4) If two (2) or more nominees tie for the highest number of votes, a runoff ballot shall be prepared and a runoff election shall be conducted as in paragraph (c)(3) herein.

(d) Elected employees. For the first committee constituted under this division, two (2) members shall be elected to an initial term of two (2) years and the other member shall be elected to an initial term of one (1) year.

(e) Appointed representative. The city manager shall appoint one (1) department head to serve a term of one (1) year.

(f) Any alleged abuse or misuse of the sick leave bank shall be investigated by the committee. If the investigation results in a finding of wrongdoing, the employee shall repay all sick leave days drawn from the bank and shall be subject to disciplinary action. Decisions made pursuant to this section shall be subject to appeal under section 213.

(Ord. No. 2001-08, § 1, 6-19-01)