General Counsel for the Regional Transit Authority seeks an advisory opinion regarding the lawful handling of compensation and employment benefit payments, owed to Hankins following her resignation as Chief Executive Officer of RTA. Per Section 4.1.2 of Hankins' 2023 Employment Agreement, paid time off, if unused by the end of the fiscal year, is lost and may not carry over into the following fiscal year. Upon separation of employment based on retirement, resignation or involuntary termination, any amount of unused paid time off shall be paid at a rate of one hundred (100) percent.
Conversely and alongside Hankins' 2023 Employment Agreement, Counsel for RTA notes RTA has a general business practice of allowing employees to roll over paid time off.
General Counsel seeks clarity and guidance in his advisory opinion request before any final payment decision is to be implemented so that RTA may ensure compliance with any and all applicable ethics laws and avoid any improper usage or misappropriation of public funds.
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