[Adopted 10-15-1974 by Ord. No. 1547; amended in its entirety 12-2-1997 by Ord. No. 2230 (Ch. 53, Art. II, of the 1979 Code)]
A. 
All full-time City of Garfield employees shall be eligible for terminal leave benefits, except those categories of employees specifically excluded herein.
B. 
All full-time City of Garfield employees who retire from service and, at the time of said retirement, are members of a collective bargaining unit and are employed pursuant to a collective bargaining agreement shall be entitled to terminal leave in accordance with the terms, conditions and provisions of that collective bargaining agreement. These employees shall not be entitled and shall not receive any terminal leave benefit beyond their entitlement pursuant to the applicable collective bargaining agreement.
C. 
All other full-time City of Garfield employees shall be entitled to terminal leave benefits pursuant to the terms, provisions and conditions of this article. These other employees, who are not governed by a collective bargaining agreement, shall not be entitled to receive any payments other than those which are specifically authorized pursuant to this article.
The following employees shall not be entitled to terminal leave benefits pursuant to this article:
A. 
Employees removed for cause after an opportunity for a hearing who retire in lieu of removal or who retire under circumstances which would warrant removal. However, the City Council may allow supplemental compensation on retirement in such cases where removal was based on a medical disability or where the City Council finds sufficient mitigating circumstances to warrant supplemental compensation.
B. 
Employees who elect deferred retirement or whose separation from employment is not based on retirement.
A. 
All full-time City employees shall file, no later than December 31, 1997, a certified statement as to the amount of unused accumulated sick leave that the employee claims that he or she has as of that date. This statement shall be reviewed by the City Manager and, if the City Manager agrees with its accuracy, he shall sign the statement, and it shall become a permanent part of the employee's personnel file.
B. 
The limitations upon payment of terminal leave established by this article (i.e., $15,000) shall not be construed to limit the amount of terminal leave to be paid to the affected employees to an amount which is less than that which they have accumulated as of December 31, 1997. However, if the amount so accumulated exceeds $15,000 as of December 31, 1997, the total terminal leave to be paid cannot exceed the amount as of December 31, 1997.
C. 
Nothing set forth in the preceding subsection shall be construed, however, to entitle an employee to receive any amount in excess of $15,000. All sums over and above the amount to which an employee claims he or she is entitled shall be negotiable between the City of Garfield and the affected employee, as the same was fully negotiable prior to the adoption of the within article.
A. 
Each employee with 10 years or more continuous service with the City shall, upon retirement, be granted terminal leave with pay as follows:
(1) 
A lump-sum payment equivalent to three months' salary; or
(2) 
Provided that the employee gives written notice, a lump-sum payment equivalent to a percentage of the employee's accumulated sick leave in accordance with the following schedule:
(a) 
Fifteen years service: 30%.
(b) 
Sixteen through 29 years service: 30%, plus 2% for each year after 15 years.
(c) 
Thirty years service and thereafter: 60%.
B. 
Each employee, subject to the notice requirement, shall have the right to elect to have payment of the terminal leave computed pursuant to either Subsection A(1) or A(2).
A. 
Terminal leave shall be computed at the rate of the employee's daily rate of pay for each day of earned and unused accumulated sick leave at the effective date of retirement. The daily rate of pay shall be based upon the average annual compensation received during the last full year of active employment prior to the effective date of retirement.
B. 
Overtime pay or other supplemental pay shall be excluded from the computation.
C. 
Periods of leave of absence without pay shall be excluded from the computation.