2.54.170 Management benefit program.
A. Purpose. It is the purpose of this management benefit program to enable the city of Lynnwood to recognize competitive labor market factors in recruiting and retention through its vacation, sick leave, and administrative leave programs for department heads and other designated senior staff. The management benefit program set forth herein is intended to enhance the city of Lynnwood’s ability to recruit and retain department heads and other senior staff.
B. Authorization of Management Benefit Program. A management benefit program is hereby created to provide recognition of prior service with other employers in the administration of the city of Lynnwood’s vacation and sick leave programs and authorize the city to recognize administrative leave for department heads and other designated senior staff.
C. Mayor to Administer Management Benefit Program. The mayor is hereby authorized to administer the program within the guidelines established herein and to recommend changes to the city council as needed to keep the program competitive and consistent with the city’s mission, services, and administrative practices.
D. Definitions.
1. “Department heads and other designated senior staff” means employees serving as department heads, together with those second-level managers, professionals, or administrators who are direct subordinates of such department heads who are classified as “exempt” as defined by the U.S. Fair Labor Standards Act of 1938, as amended.
2. “Vacation leave” and “sick leave” mean compensated leave programs authorized for employees of the city of Lynnwood for vacation and sick leave purposes.
3. “Administrative leave” is defined in subsection (E)(3) of this section.
E. Administrative Guidelines. The following guidelines are established herein for the purpose of administering this management benefit program. In the event there is a conflict between these administrative guidelines and other ordinances of the city relating to vacation, sick leave, and administrative leave, the provisions in this section shall apply and the mayor is authorized to rely upon these guidelines in administering this management benefit program.
1. Vacation Leave. The mayor may grant vacation to department heads and other senior staff consistent with their past relevant experience in accordance with the schedules set forth in this chapter pertaining to vacations, sick leave, and holidays. All other provisions of vacation leave set forth in this chapter pertain to these department heads and senior staff.
2. Sick Leave Bank. The mayor may grant a sick leave credit of up to 20 days for department heads and up to 10 days for senior staff at the time of hire. Upon reaching accrual of 20/10 days or the amount granted, the employees will begin accruing at the regular rate set forth in LMC 2.54.070. Employees who terminate will only be cashed out for earned leave and not for any credited leave the mayor may have granted. Employees awarded a sick leave credit are eligible to use that credit at any time prior to termination. All other provisions of this title regarding sick leave entitlement, accrual, and usage shall apply.
3. Administrative Leave. The mayor may grant administrative leave to department heads and other senior staff after advising the city council. Such leave may be for a period of up to 10 working days for those individuals who perform extraordinary job responsibilities and duties. “Administrative leave” is defined as leave granted for performance of responsibilities and duties beyond an employee’s typical responsibilities and duties as specified in their city job description and which clearly benefits the city. Administrative leave for extraordinary performance may be granted in accordance with the following factors, criteria and limitations:
a. Duration of the performance;
b. Level of responsibility associated with the performance;
c. The extent to which the performance requires prolonged or frequent travel or time away from home;
d. Situations for administrative leave include, but are not limited to:
i. Intergovernmental leadership efforts;
ii. Special assignments or projects, whether internal or external to the city;
iii. Filling an official “acting” position in addition to normal work responsibilities and duties;
e. Proposed activities that may qualify for administrative leave shall be identified and reported to the mayor and/or department head in advance whenever possible, unless there are unforeseen circumstances resulting in the need for such performance;
f. Administrative leave shall not be granted for the purposes covered by employee recognition programs in LMC 2.48.235; and
g. Administrative leave shall not be granted if the employee’s vacation balance is at or above the accrual maximum when the determination for administrative leave is made. Administrative leave, once granted, shall be treated as vacation leave.
F. Appeals. Department heads and other senior staff covered by this program may request review of its application by written request to the mayor. Such request shall include the basis of the request and specific references to mistakes of fact or other alleged errors. The mayor shall review the request and shall notify the employee in writing within 10 days of his or her decision. The mayor’s decision shall in all respects be final and not subject to further appeal.
G. Rights Retained. The city retains the unilateral right to modify, revise, or repeal this management benefit program. (Ord. 3168 § 6, 2015; Ord. 2825 § 1, 2010; Ord. 2169 § 1, 1997)