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HomeMy WebLinkAbout2010 10 11 Consent 200 Resolution 2010-55 Regress Pay Period COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 200 PUBLIC HEARING REGULAR October 11, 2010 MGR /DEPT Meeting Authorization REQUEST: The Finance Department seeks Commission review and adoption of resolution 2010 -55 which will make it possible to regress the pay period by three days and authorize the utilization of short —term loans to those employees that may wish to request such loans for the purpose of lessening the financial impact associated with the adjustment. SYNOPSIS: The time frame which currently exists from the last day of the bi- weekly pay period to the actual pay date is insufficient for the following reasons: • data entry and review time limited to 4 hours • hours worked must be estimated for last day of pay period (Wednesday) • new initiative (Employee Self - Serve) will bring increased functionality and efficiencies to the payroll process. This new technology will decentralize payroll and require adequate time for review. • current practices are inconsistent with Fair Labor Standards Act (FLSA) A three -day regression of the pay period would serve to remedy the problem; however, it will result in a reduced paycheck for the first payroll that includes the regression. The 3 days that are deferred in the week the regression occurs, will be paid to the employees on November 12 (the next paycheck). An optional short-term loan has been identified as a reasonable means to lessen the financial impact to the employee that may need the assistance. CONSIDERATIONS: Problem: Currently, the City has a 14 -day pay period which begins on Thursday and ends on Wednesday (see Attachment 1 for calendar view). Funds are distributed Friday morning which is less than 48 hours from the last day of the pay period. Additionally, the direct deposit file must be transmitted to the bank by Wednesday at 5 p.m. which only allows Wednesday afternoon for the payroll accountant to complete data entry and review. The problems associated with this very constricted time frame have been an ongoing topic of conversation for years but the issues associated with a regression of the pay period discouraged progressive action. Also, in order to accomplish this unusually quick payroll `turn- around', the hours worked for the last day in the pay period must be estimated. That is, employees must estimate the hours they will work on the last Wednesday. When actual hours differ from estimated hours, corrections must follow in the subsequent payroll cycles. This is problematic for the following reason: 1) inconsistent with Fair Labor Standards Act (FLSA), 2) creates several prior period adjustments and 3) doesn't provide time for through payroll review prior to checks being issued. Further, the 2009 audit, the City's external auditors (McDirmit Davis) recommended additional payroll review in order to compensate for our limitations regarding segregation of duties. In response we modified our payroll review process and expedited an initiative known as Employee Self Serve. The City is now in the testing phase and there are a number of benefits to be derived one of which is greater segregation of duties. However, in order for this initiative to be successful, additional time is required to review and electronically pass the data through the approval process. Backing -up the pay period will provide the additional time required to review and electronically pass the data through the approval process. Proposed Solution: Backing up the pay period by three days remedies the problem but creates a potential concern for employees in that the first paycheck following the regression will result in a reduced paycheck. Although the first paycheck would compensate for eleven rather than the usual fourteen days, all subsequent paychecks would compensate for the full fourteen. This shift in the pay period satisfies the goals of: • thorough review • `estimate' elimination • seamless decentralization In order to overcome the one -time paycheck reduction, October 29 has been identified as an optimum pay date to implement the change since it is one of two months in a year in which employees receive three paychecks (10 /1, 10/15, 10/29). Consequently, a smaller paycheck on October 29 may be more easily overcome since two full paychecks have already been received within that same month. In fact, the first paycheck was actually larger than usual because it does not have deductions for insurance. After thorough discussions with Department heads, the following alternatives met with unanimous approval while also serving to lessen the financial impact to the employee. A brief description of each alternative is included along with the primary pros and cons. The employee would be offered ONE choice from among the alternatives. EMPLOYEE ALTERNATIVES' SUMMARY Alternative Description Pros Cons Alternative 1: - No cost to the City -Some employees may have Reduced pay (11 rather than 14 - `Extra' paycheck would serve to already designated the funds days) in a three - paycheck mitigate reduced pay from the `3 paycheck' month absent loan -1 paycheck in October does not have insurance deductions Alternative 2: -No cost to City (opportunity cost - Slight reduction in Short-term, interest -free loan to would be less than $500 city - wide; employee's successive employee to be repaid no later assuming maximum participation at paycheck(s) than 9/30/2011 maximum loan amount) - Administrative effort to - Distributes financial impact monitor loan payments, loan over term of loan Consent 202 October 11, 2010 Pay Period Revision status Solution Alternative Detail: Alternative 2 offers the employee a loan within the fiscal year. However, some part-time and seasonal employees may not have 24 pay periods over which they could `spread' the repayment. In such case, the City would extend special arrangements to accommodate the specific situation. The following scenario reflects an employee who selects the maximum loan amount and opts to pay it back over the maximum 24 pay periods. The maximum loan amount is a function of an employee's regularly scheduled hours in this three -day period which in no case would exceed 24 hours. Therefore, this loan would be paid back at the rate of one hour per pay period or 30 minutes per week as reflected by the calculation below. Regularly Scheduled Hours # of Pay Periods for Repayment Rate of Repayment Col 1= Col 2 24 24 1 hr /pay period If the employee typically works an 80 -hour pay period the repayment deduction would be roughly equivalent to 1.25% of their typical paycheck. If the employee typically works an 84 -hour pay period (Police) this repayment deduction would be roughly equivalent to 1.19% of their typical paycheck. If one factors in payroll deductions the repayment deduction percentage is even smaller. Additional Comments: Incurrence of overtime hours will complicate the payroll calculation. The Department of Labor requires that this pay period's overtime be calculated as falling in whichever week yields the greater amount. Police Department employees who have an 84 -hour pay period would have to wait until the next payroll to receive their `maximized' overtime pay. This delay in the processing of overtime is necessary in order to ensure that overtime is calculated to the employee's advantage. Attachment 2 is a prototype of the Employee Alternative Selection Form which the employees would be required to fill out and sign prior to processing their October 29 paycheck. Although the City's law firm has approved of the concept as an administrative change, this form would be submitted to the City's legal counsel for legal sufficiency. FISCAL IMPACT: - Reduced paycheck to employees in a 3- paycheck month — will not have net impact on the F 11 budget. - Short term loans to employees - negligible opportunity cost in the form of lost interest earnings; assuming that everyone chose the maximum loan this amount would be less than $500 city -wide COMMUNICATION EFFORTS: Employees would receive communication in a variety of forms. Department heads have already met with employees to inform them of the potential pay period regression. If approved a packet would be distributed on October 12 which would include full details as well as the requisite alternative selection form. A reminder letter would be included in the paycheck advice prior to the Consent 202 October 11, 2010 Pay Period Revision ti revised pay period (10/15). Lastly, workshop(s) and /or individual appointments would be made available to any employee who desires further assistance or explanation. RECOMMENDATIONS: It is recommended that the Commission approve resolution 2010 -55 which will facilitate a three - day regression of the pay period; that short-term loans to the employees be extended for purposes of assisting employees with the financial impact associated with a three -day regression of the pay period; and that the City Manager and City Attorney be authorized to prepare and execute all required documents. ATTACHMENTS: Resolution Calendar view — October and November 2010 Employee Alternative Form Prototype — pending legal review by City Attorney Consent 202 October 11, 2010 Pay Period Revision Non - Exempt Employee Alternatives for Pay- Period Adjustment (backing -up pay period) In order to improve payroll accuracy and processing, it is necessary to adjust the City's current pay period. In order to implement the pay period adjustment, the third paycheck for Octob r, distributed on October 29, 2010, will cover an 11 calendar day pay period (10/14 - 10/24), rather than a 14 calendar day pay period. Pay for 10/25, 10/26, 10/27 will be paid in the next payroll cycle. This is a one -time payroll adjustment. All subsequent pay periods shall include 14 calendar days. In an effort to lessen the financial impact this adjustment may cause, non - exempt employees have the option to secure a short -term loan from the City. All non - exempt employees, whether or not opting for the loan, shall complete, sign and submit this form by October 20th. EMPLOYEE -- John Q. Public Servant Please select ONE of the following Alternatives by placing your initials in adjacent box I 1 understand that my 10/29/2010 paycheck will cover an 11 calendar day pay period, which will likely result in a one -time reduced amount of pay. I do NOT desire a loan from the City. I I understand that my 10/29/2010 paycheck will cover an 11 calendar day period, which will likely result in a one -time reduced amount of pay. Therefore, I desire a loan from the City and agree to pay it back through automatic payroll deductions over 1, 8, 16, or 24 pay periods as indicated below. I understand that the deductions will begin with the November 12th payroll. Please circle the desired number of payroll periods for loan repayment 1 8 16 24 Deductions will begin with the November 12th payroll Part -time and /or seasonal employees who desire to take advantage of the loan alternative may call Roseann (X -317) or Kelly (X -232) to discuss further alternatives. To be completed by Department Regularly Scheduled Net Payroll Hrly rate Hrs (10/18- 10/20) Factor MAXIMUM LOAN ALLOWED = $230.40 $12.00 24 0.8 example ONLY Maximum loan may not exceed the amount in the grey box above. The amount of your loan request may be slightly adjusted (cents only) so as to. result In an equal repayment amount for the entire repayment period. Please enter the amount of your loan request here I understand that the City's pay period is being adjusted and that my October 29, 2010 paycheck will cover 11 calendar days. The City has offered the Alternatives above and my signature indicates my selection and agreement to the terms as stated. Signature and Date Consent 202 August 23, 2010 Attachment 2 RESOLUTION NO. 2010 -55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 20 OF THE CITY PERSONNEL MANUAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE PERSONNEL MANUAL, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to revise section 20 of the City's Personnel Manual related to employee work week and pay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Amending Section 20 of the City Personnel Manual. The City Commission hereby approves the following revisions to Section 20 of the City of Winter Springs Personnel Manual as follows (underlined type indicates additions to and atiikttlnou type indicates deletions from the Personnel Manual; portions of the Personnel Manual unaffected by this Resolution shall remain unchanged): 20.1 Work Week The standard workweek consists of seven (7) consecutive calendar days commencing at 12:00 a.m. on the first day and ending at 11:59 p.m. on the seventh day Lum„im.uccs •• The standard number of working hours for full -time employees during any standard workweek will be 40 hours unless otherwise specified. The work hours for Fire and Police Department shift employees shall be governed by the Department Head and/or union contract. * ** City of Winter Springs Resolution No. 2010 -55 Page 1 of 3 20.3 Pay Periods and Checks Employees shall be paid on a bi- weekly basis and paychccks aye distiibuLd qtr Thursday. Each paycheck shall include earnings for all work performed through the end of the previous payroll period. In the event that a regularly scheduled payday falls on the date of a holiday, employees will receive pay on the last day of work prior to the regularly scheduled payday. Paychecks, which arrive during an employee's vacation, will be held in a secure location by the Department Head or designee pending the employee's return. * ** 20.5 Advances of Pay. It is the general policy of the City of Winter Springs not to make advances on employee pay. Exceptions . • . • .. .: • .:. : can be made for emergencies with prior written approval of the City Manager. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Incorporation into Personnel Manua.. Upon adoption of this Resolution by the City Commission, the City Manager or his designee shall incorporate these revisions into the Winter Springs Personnel Manual. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this day of , 2010. JOHN F. BUSH, Mayor City of Winter Springs Resolution No. 2010 -55 Page 2 of 3 ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2010 -55 Page 3 of 3 Calendar Views Blue shading — old pay periods Bold and underlined dates indicate pay dates Neutral shading — revised pay periods Arrows indicate review /processing time; file transmitted to bank by Wed at 5 pm October / November 2010 Sun Mon Tues Wed Thu Fri Sat 9/30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Last day of Back -up day Back -up day Back -up day week 1 1 2 3 (4days) 27 24 25 26 10/29 payday 28 29 30 14 days Last day of 10/29 pay • period (11 days) 31 1 2 3 4 5 6 7 8 9 10 11 12 13 11/12 payday '° 14 days 14 15 16 17 18 19 20 21 22 23 24 25 26 27 11/26 payday 14 days Consent 205 October 11, 2010 Attachment 2 RESOLUTION NO. 2010-55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 20 OF THE C1TY PERSONNEL MANUAL; PROVIDING FOR REPEAL OF PR10R INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE PERSONNEL :VIANUAL, SEVERABILITY, A.ND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIiI, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to revise section 20 of the City's Personnel Manual related to employee work week and pay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section l. Amending Section 20 of the City Personnel Manual. The CityCommission hereby approves the following revisions to Section 20 of the City of Winter Springs Personnel Manual as follows (underlined type indicates additions to and strii�cct�reng�r type indicates deletions from the Personnel Manual; portions of the Personnel Manual unaffected by this Resolution shall remain unchanged): 20.1 Work Week The standard workweek consists of seven (7) consecutive calendar days commencin� at 12:00 a.m. on the first day and endin� at 11:59 p.m. on the seventh day commerrces . . . . . . The standard number of working hours for full-time employees during any standard workweek will be 40 hours unless otherwise specified. The work hours for Fire and Police Department shift employees shall be governed by the Department Head and/or union contract. *** City of Winter Springs Resolution No. 2010-55 Page I of 3 20.3 Pay Periods and Checks Employees shall be paid on a bi-weekly basis �daq. Each paycheck shall include earnings for all work performed through the end of the previous payroll period. In the event that a regularly scheduled payday falls on the date of a holiday, employees will receive pay on the last day of work prior to the regularly scheduled payday. Paychecks, which arrive during an employee's vacation, will be held in a secure location by the Department Head or designee pending the employee's return. *** 20.5 Advances of Pay. It is the general policy of the City of Winter Springs not to make advances on employee pay. Exceptions can be made for emergencies with prior written approval of the City Manager. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Incorporation into Personnel Manual.. Upon adoption of this Resolution by the City Commission, the City Manager or his designee shall incorporate these revisions into the Winter Springs Personnel Manual. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediatelyupon adoption by the City Commission of the City of Winter Springs, Florida. DO:VE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this l lthday of October , 2010. � ,/C�'��• � � JO F. BUSH, ?V��:yar _ . City of Winter Springs Resolution No. 2010-55 Page 2 of 3 ATT�ST: � _ ;: �LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City o inter Springs only: ANTHONY A. GARGANESE, City Attorney City of W inter Springs Resolution No. 2010-55 Page 3 of 3