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Ordinance 250806/26/85 WSS/naa ORDINANCE NO. 2508 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 2.35.040 RELATING TO COMPEN- SATING TIME OFF AND FIXING A TIME WHEN SAME SHALL BECOME EFFECTIVE WHEREAS, the City of Edmonds, Washington is subject to the provisions of the Fair Labor Standards Act and is required under the provision of that Act to pay its nonexempt employees overtime except in very narrowly specified situations, and WHEREAS, the City wishes to comply with the provisions of the Act while providing its exempt employees with compensating time off in order to provide employees an additional benefit and to reduce the total overtime and personnel cost expenditures of the City, now, therefore, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 2.35.040 - Compensating Time be and is hereby amended to read as follows: Section 2.35.040 - Compensating Time A. When service is rendered by a nonexempt employee of the City beyond his or her regular work shift, compensating time off may be allowed only in accordance with the provisions of the Fair Labor Standards Act and subject to the following requirements: 1. Nonexempt employees may be allowed at the City's option compensating time off at a rate equal to the amount of overtime worked, if such compensating time off may be taken within the same work week as the overtime worked and provided such adjustment of hours is permitted by any applicable collective bargaining agreement. 2. If compensating time off permitted under subparagraph 1. above cannot be taken, nonexempt employees may be allowed compensating time off equal to 1-1/2 times the amount of overtime worked, provided that such compensating time off must be taken within the same pay period as the overtime is worked. 3. Any compensating time not taken within the same pay period as the overtime is worked, shall be paid at the overtime rate of pay as established in accordance with the provisions of the Federal Fair Labor Standards Act. 4. Police and Fire Department nonexempt employees shall be governed by the provisions of their collective bargaining agreements and the Fair Labor Standards Act. B. At the sole discretion of the City, exempt employees may be allowed compensating time off at a rate equal to the amount of overtime worked. All such compensating time off must be used within the twelve month period following the date of overtime worked. Upon termination, no exempt employee shall be paid for unused compensating time. C. Compensating time shall be taken at the convenience of the City. All compensating time must be recorded when earned and then approved by the employee's supervisor and/or department head. The Mayor shall approve all compensating time granted to department heads. Section 2. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: LaAxi MAYOR, LAR Y S. N U EN ATTEST/AUTHENTICATED: 'ism APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY S40 FILED WITH THE CITY CLERK: Tuwc 971I0I$5, PASSED BY THE CITY COUNCIL: 9,Ig85 POSTED: July 10, 1985 EFFECTIVE DATE: July 15, 1985 ORDINANCE NO. 2508 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ss: COUNTY OF SNOHOMISH ) Christine M. Risen, being first duly sworn on oath deposes and says that she is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the loth day of July, 1985, affiant posted true and correct copies of the attached Ordinance No. 2508, passed by the City Council on the 9th day of July, 1985, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library 650 Main Street Edmonds, WA 98020 Edmonds Branch of the United States Post Office 201 Main Street Edmonds, WA 98020 DATED this loth day of July, 1985. j SUBSCRIBED AND SWORN to before me this « day of 1985. -�:' '-PGWAM,1�- ZAJ ry ublic in and for the State f Washington, residing at 1dxm,� rre