80-17 Transitioning HPC to the Department of Community Investment

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Section 4.02. Transition Planning. The Parties agree to use reasonable efforts to develop a written transition plan and to cooperate in all aspects of the City's assumption of responsibility for day-to-day management of historic preservation matters related to or that may come before the HPC, including the City's creation of positions within the City's administration analogous to the County Staff Positions to support the HPC on and after the Effective Date of this Agreement(the "City Staff Positions"). Section 4.03. Transfer of Employees to the City. (a) Upon establishing the City Staff Positions, the City will fill the City Staff Positions by accepting the transfer of and hiring each County employee holding a County Staff Position as of the time of the Parties' execution of this Agreement (each a "Transferred Employee"). Each Transferred Employee's employment by the County will terminate upon the commencement of his or her employment by the City. The Parties will make good faith efforts to facilitate the integration of the Transferred Employees into City employment, and the City will afford each Transferred Employee the following treatment: (1) Each Transferred Employee will be, for all purposes, an at-will employee of the City, and the Parties mutually acknowledge and agree that this Agreement does not and will not constitute an employment contract in any respect. Subject to the terms of this Section 4.03, all of the City's personnel and employment policies, including the Employee Handbook, the City of South Bend Ethics Code, and the departmental policies of the City's Department of Community Investment ("DCI"), will apply to each Transferred Employee. (2) Each full-time Transferred Employee will be eligible to receive all benefits the City offers to full-time employees in accordance with and subject to the limitations stated in its policies and practices, as the same may be established and altered from time to time. The City will not offer benefits to any part-time Transferred Employee. (3) The City will credit each Transferred Employee with all vacation time and sick time accrued by such person as a County employee through and including the day on which his or her employment by the County terminates. The City will not credit a Transferred Employee any amount of other personal time or paid time-off, irrespective of the amount accrued during the period of such person's employment by the County. (4) The City will credit each Transferred Employee with the number of years of service in a County Staff Position for the limited purpose of determining vacation time accrual during the period of such person's employment by the City. 5