COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: H.A. "Buster" Baldwin ~ ~ OFFICE: Commissioners' Court MEETING DATE: January 13, 2003 TIME PREFERRED: CG " ~ (t ~,t SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss adopting sick leave bank for county employees. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Pct. #1/Bob Green Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Local Government -CHAPTER 157 (~ ~+~~ ~ ,p Page 9 of 15 V "" S l G 4- ~l.-l/' V l /~Q.n ~ ~OLy ~'7/(fP'lV S 157.066. Staff (a) The commissioners court may employ a child care administrator to supervise the administration of the program and, with the approval of the court, to employ the necessary staff to administer the program. (b) Instead of exercising the authority under Subsection (a), the commissioners court may contract for the child care services. Added by Acts 1989, 71st Leg., ch. 1, § 37(a), eff. Aug. 28, 1989. § 157.067. Fees (a) The commissioners court may set fees to be charged for the child care services. A fee may be set at any amount not to exceed the actual cost of providing the service. If the amount of a fee is less than the cost of providing the service, the difference between the two amounts is considered to be part of the compensation of the county employee or county juror. (b) Fees collected under this section shall be deposited in the general fund of the county. Added by Acts 1989, 71st Leg., ch. 1, § 37(a), eff. Aug. 28, 1989. e. ~ 157.071. Definitions In this subchapter: (1) "Administrator" means the person designated by the commissioners court of a county to administer the county's sick leave pool program. (2) "Employee" means a district, county, or precinct employee with 12 or more months of continuous employment with the district, county, or precinct who is paid from the general fund of the county, from a special fund of the county, or from special grants paid through the county. Added by Acts 1993, 73rd Leg., ch. 613, § 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 612, § 1, eff. Sept. 1, 1997. ~ 157.072. Authority to Establish Program for Sick Leave Pool (a) The commissioners court of a county may establish a program within the county to allow an employee to voluntarily transfer sick leave time earned by the employee to a county sick leave pool. http://www.capitol.state.tx.us/statutes/Ig/1g0015700.html 10/13/2002 ..,,.,a, vv~ci„mens - l;tiAPTER 157 Page 10 of 15 (b) The commissioners court of a county with a population of ane million or more may allow an employee to voluntarily transfer vacation leave time earned by the employee to a county sick leave pool. Added by Acts 1993, 73rd Leg., ch. 613, § 1, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 711, § 1, eff. Sept. 1, 1995. S 157.073. Administration of Sick Leave Pool Program (a) The commissioners court may adopt rules and prescribe procedures and forms relating to the operation of the county sick leave pool program. The commissioners court by rule may require an employee to: (1) enroll in the county sick leave pool as a condition for eligibility under Section 157.075(a); and (2) transfer at least one day of accrued sick leave time or, if allowed under Section 157.072(b), accrued vacation leave time earned by the employee as a condition of enrollment. (b) The commissioners court shall designate a person to administer the county sick leave pool program. (c) The commissioners court shall determine which injuries and illnesses are classified as catastrophic for purposes of this subchapter. The court shall provide to the administrator a written statement of that classification. Added by Acts 1993, 73rd Leq., ch. 613, § 1, eff. Aug. 30, 1993. Amended by Acts 2001, 77th Leg., ch. 493, § 1, eff. June 11, 2001. § 157.074. Employee Contribution to Sick Leave Pool (a) To contribute time to the county sick leave pool, an employee must submit an application to the administrator in the form prescribed by the commissioners court. (b) On approval by the administrator, in a fiscal year the employee may transfer to the county sick leave pool not less than one day or more than five days of accrued sick leave time, or accrued vacation leave time in a county operating under Section 157.072(b), earned by the employee. The administrator shall credit the pool with the amount of time contributed by the employee and shall deduct the same amount of time from the amount to which the employee is entitled, as if the employee had used the time for personal purposes. http://www.capitol.state.tx.usJstatutesllgJlg0015700.htm1 10113/2002 Local Government -CHAPTER 157 Page 1 l of 15 (c) An employee who is terminated or who resigns or retires may donate not more than 10 days of accrued sick leave time or, if allowed under Section 157.072(b), accrued vacation leave time earned by the employee to take effect immediately before the effective date of termination, resignation, or retirement. Added by Acts 1993, 73rd Leg., ch. 613, § 1, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 711, ~ 2, eff. Sept. 1, 1995; Acts 1997, 75th Leq., ch. 612, § 2, ef f. Sept. 1, 1997, Amended by Acts 2001, 77th Leg., ch. 493, § 2, eff. June 11, 2001. ~ 157.075. Employee Withdrawal from Sick Leave Pool (a) An employee is eligible to use time contributed to the county sick leave pool if: (1) because of a catastrophic injury or illness, the employee has exhausted all the accrued paid leave and compensatory time to which the employee is otherwise entitled; and (2) the employee is enrolled in the county sick leave pool, if the commissioners court requires enrollment under Section 157.073(a). (b) An eligible employee must apply to the administrator for permission to use time in the county sick leave pool. If the administrator determines that the employee is eligible, the administrator shall approve the transfer of time from the pool to the employee. The administrator shall credit the time to the employee, and the employee may use the time in the same manner as sick leave earned by the employee in the course of employment. (c) An eligible employee may not use time in the county sick leave pool in an amount that exceeds the lesser of one-third of the total amount of time in the pool or 180 days. The administrator shall determine the exact amount that an eligible employee may use. (d) An employee absent on sick leave assigned from the county sick leave pool is treated for all purposes as if the employee were absent on earned sick leave. (e) The estate of a deceased employee is not entitled to payment for unused sick leave acquired by that employee from the county sick leave pool. Added by Acts 1993, 73rd Leg., ch. 613, § 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 612, § 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 493, § 3, eff. June 11, 2001; Acts 2001, 77th Leg., ch. 554, ~ 1, eff. June il, 2001. http://www,capitol.state.tx.us/statutes/lg/Ig0015700.htm1 10/13/2002