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Ordinance 25710006.13016 WSS/naa 5/21/86 R: 6/19/86 2571 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 2.35.020 HOLIDAYS TO PROVIDE FOR EITHER COMPENSATORY TIME OR PAY AT ONE AND ONE-HALF TIMES THE NORMAL RATE FOR NONEXEMPT EMPLOYEES WHO SERVE ON HOLIDAYS, SPECIFYING COMPENSATORY TIME AT A STRAIGHT TIME RATE FOR EXEMPT EMPLOYEES; AMENDING SECTION 2.35.030 VACATIONS TO PERMIT THE CARRYOVER OF UP TO ONE YEAR OF VACATION AND PAYMENT FOR VACATION AFTER SIX MONTHS OF SERVICE; ADDING A NEW SECTION 2.35.090 CONFLICT SPECIFYING THAT IN THE EVENT OF CONFLICT WITH ANY CONTRACT OF EMPLOYMENT OR COLLECTIVE BARGAINING AGREEMENT, THAT SUCH AGREEMENT SHALL PREVAIL AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.35.020 HOLIDAYS is hereby amended to read as follows: 2.35.020 HOLIDAYS A. Each employee shall be entitled to one day away from service for each of the following holidays: January 1 (New Year's Day) February 12 (Lincoln's Birthday) Third Monday of February (Washington's Birthday) Last Monday of May (Memorial Day) July 4 (Anniversary of Declaration of Independence) First Monday in September (Labor Day) November 11 (Veterans Day) Fourth Thursday of November (Thanksgiving Day) Day immediately following Thanksgiving Day December 25 (Christmas Day) An additional "floating" holiday. The floating holiday shall be provided in accordance with the rules and regulations of the personnel manual promulgated and approved by the Mayor. B. Each employee who, because of the nature of his/ her service, serves on a holiday, shall be compensated in accordance with the following provisions: 1. Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may, at his/her election receive an equivalent amount of compensatory time off at a date convenient to the City. Such day away from service shall be set at a date mutually agreed upon, but shall be set within twelve months of the holiday served. Such rate of pay shall not be pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act. 2. Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within twelve months of the holiday served. C. No employee shall be called to work on any holiday for less than a full day of work. When any of the aforementioned holidays falls on a Sunday, the Monday following shall be considered the holiday. If the holiday occurs during an employee's vacation, he/she shall receive the holiday pay in addition to his/her vacation pay. D. Nothing in this section shall be construed to have the effect of adding or deleting the number of paid holidays provided for in any existing agreement between the City and any group or groups of employees of the City. If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specified shall be recognized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for employees. - 2 - Section 2. ECC 2.35.030 Vacations is hereby amended to read as follows: 2.35.030 VACATIONS A. Each empoyee shall accrue the following amount of vacation leave with pay depending on the length of continuous service: 1. Five days of vacation after six months of continuous service; 2. Ten days of vacation after one full year of continous service; 3. Fifteen days of vacation after six full years of continous service; 4. Twenty days of vacation after twelve full years of continuous service. B. Employees are encouraged to use their accumulated vacation time within the year in which it is earned. Vacation accumulation of up to one year may be carried over from one year to the next. C. Vacation schedules must be submitted by each department not later than March 1 of each year. The schedules will be submitted by the mayor's administrative assistant to the mayor for his approval, and thereafter will be made available to all employees. D. Any employee whose service is honorably terminated after the completion of six (6) months of continous service shall be paid for any vacation time accumulated prior to the effective date of termination. Section 3. Chapter 2.35 is hereby amended by the addition of a new paragraph 2.35.090 to read as follows: 2.35.090 CONFLICT In the event that any provision of this Chapter 2.35 or any provision of this Title II shall conflict with any provision of a employment contract or collective bargaining agreement approved by the City Council, such contract or agreement shall prevail. In no event shall any employee be entitled to claim greater benefits under this Chapter than those provided for by a - 3 - collective bargaining agreement or employee contract covering said individual's employment. Section 3. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication of the attached, approved summary. APPROVED: L� MAYOR, LA R S. NAUGHTEN ATTEST/AUTHENTICATED: CI Y CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE Cf'fiY CLERIC: June 23, 1986 PASSED BY THE CITY COUNCIL: July 1, 1986 PUBLISHED: July 6, 1986 EFFECTIVE DATE: July 11, 1986 ORDINANCE NO. 2571 - 4 - STATE OF WASHINGTON, COUNTY OF SNOHOIViISH, -Fixes a time when thag an shall become effec- tive. The full text of this ordina�an��ce aniyonemwhodsubmits ahwritten request to the City Clerk of the City of Edmonds for a copy of the text. APPROVED BY THE City Council of their meeting of July 1, 1986. ARRETT NE G. City Clerk i Published: July 6, 1986. — Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ ..._.Summary,....4f....0- d nanc.e...Ro......25.6..9..................................... ......... .......................... . ..................... .................... ........................... ......... ..... ................ a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 6, 1986 ............................................................................................................................... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of--faid period. ��./. Principal Clerk Subscribed and sworn to before me this......... 7.t h July 1�86 dayof ........:. ............................. ��• � ..L?--c'::••C�l' ..!Jf...... rl.:...... No ary Pub, l in and for the State of Washington, > ring at Everett, Snohomish County. B - 2 - I