ORDINANCE No. 182471

*  Carryover excess vacation hours for one employee of Portland Fire & Rescue (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  Mark Schmidt was appointed as the Division Chief of Emergency Operations effective May 8, 2008.

2.  As a 40-Hour employee with more than 30 years service, Chief Schmidt accrues 200 vacation hours per year.

3.  Prior to his appointment as Division Chief, he served as Deputy Chief of Emergency Operations effective February 9, 2006.

4.  As a 53-Hour Deputy Chief with more than 30 years service, Chief Schmidt accrued 408 vacation hours per year.

5.  As a Deputy Chief and Division Chief of Portland Fire & Rescue, Chief Schmidt is allowed to accrue up to three years’ vacation hours.

6.  Chief Schmidt currently has 763.24 hours of accrued vacation hours. Due to an urgent need to fill the vacated Division Chief position, compressed timelines for capital projects and budget, and severe weather events in December requiring his presence on the job, Chief Schmidt was unable to use significant amounts of accrued vacation prior to year end.

7.  Chief Schmidt did not exceed the allowable maximum for 53-hour personnel at the time of his appointment to Division Chief. However, when his hours were converted to the 40-hour rate, he had more hours than allowed for a 40-hour employee.

8.  The three-year accrual rate for Division Chief will unfairly penalize Chief Schmidt in his current situation.

NOW THEREFORE, the Council directs:

a.  That Chief Schmidt be allowed to carryover 163.24 excess vacation hours.

b.  Chief Schmidt will be allowed to carryover these unused vacation hours from year to year until retirement, or return to the 53-hour work schedule.

Section 2. The Council declares that an emergency exists because failure to pass this Ordinance will result in the loss of vacation hours for Chief Schmidt; therefore this Ordinance shall be in force and effect from and after its passage by the Council.

BACKING SHEET INFORMATION

AGENDA NO. 29-2009

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182471