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Item 8AAGENDA ITEM # 8A OCTOBER 8, 2007 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGEND ITEM: Employee "Severance" Package and Pay SUBMITTED BY: Jim Hanson, City Manager DATE: September 18, 2007 BACKGROUND: During the 07/08 Budget process, the City proposed the deletion on one position and the change of another position. Based upon these actions, two employees were projected to lose their jobs effective 10/01/07 with approval of the 07/08 Budget. OnlAbout Friday July 27, 2007, the proposed budget recommendations became public knowledge and in order to provide the employees with an opportunity to locate new employment, the City placed both employees on paid Administrative Leave effective Monday July 30, 2007. The employees were verbally advised that if the proposed budget was approved, that their paid Administrative Leave and employment would be ended September 30, 2007. On July 30, 2007, a follow up letter was sent to both employees advising them that "Based upon a proposed reorganization within the 2007/2008 budget that eliminates your position, you are being placed on paid administrative leave through September 30, 2007. During this period of paid administrative leave, you will receive all pay and benefits as previously provided to you with the exception of Life Insurance and Workers' Compensation." In addition, the letter advised the employees that in order to prove them with employment assistance, the City had contracted with a company that they could contact for outplacement services. During the budget workshops, this subject was discussed and the Commission indicated that the City should provide one week of severance for each year of service. As the employees were already on paid Administrative Leave, the City considered that, as of October 1, 2007, the employee with 5 years of service would have 9 weeks of paid Administrative Leave and the employee with 15 years of service would need to have his Administrative Leave extended until November 9, 2007 in order to be provided with at least one week of paid Administrative Leave far each year of service. On August 29th, the employee with 15 years of service was advised that the City was continuing his paid Administrative Leave through November 9, 2007, i. e. 15 weeks total. AGENDA ITEM # 8A OCTOBER 8, 2007 ISSUES: Several issues concerning severance pay have been raised as follows: Tssue Z. Does paid Administrative Leave count as a severance benefit? Issue 2. When does the severance period begin? Issue 3. Is it equitable to provide an employee with 5 years of service 9 weeks of paid Administrative Leave and an employee with 15 years of service with 15 weeks of paid Administrative Leave? DISCUSSION: There are no Federal or State legal requirements to provide employees with a severance package; however, the City believes that it is the "right" thing to do. Severance packages vary for company to company and range from no severance to continuation of current salary or lump sum settlements, and, may or may not include continuation of employee benefits. Most severance packages are based upon years of service and/or position with the company with a minimum and maximum amounts being provided. Issue 1: The City believes that the paid Administrative Leave that was provided to the employees effective July 30, 2007 should count as severance as the employees last workday with the City was July 27, 2007. Additionally, the City has continued employee benefits, to include health insurance, since July 30, 2007. Issue 2. The City believes that any severance considerations should begin when the employees were place on paid Administrative Leave, i.e., effective July 30, 2007. Issue 3. Using July 30, 2007 as the effective date of severance, the employee with 5 years of service will receive approximately 9 weeks of paid Administrative Leave and benefits through September 30, 2007. The employee with 15 years of service will receive 15 weeks of paid Administrative Leave through November 9, 2007 and, as health insurance ends at the end of the month, will receive 18 weeks of health insurance benefits ending on November 30, 2007. Nate: In addition to above, employees may be eligible for unemployment compensation from the State of Florida that the City will pay in the amount of $275 per week with a maximum of $7,150. BUDGET: Sufficient funds are included within the budget for this action. RECOMMENDATION: None. This staffreport is being provided for information only. CITY MANAGER: