Ordinance 29930006.030.006B
WSS/are
08/04/94
ORDINANCE NO. 2993
AN ORDINANCE OF THE CITY OF EDMONDS AMENDING
EDMONDS CITY CODE CHAPTER 2.20 SALARY
PAYMENTS BY THE ADDITION OF A NEW SECTION
2.20.020 APPLICATION OF PERSONNEL POLICIES TO
EXEMPT EMPLOYEES AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds has become subject to the provisions of the federal
Fair Labor Standards Act, and
WHEREAS, under said Act, eligible exempt employees are required to be paid a salary
which cannot be reduced for absences of less than a day nor can an exempt employee be
disciplined by suspension without pay other than for violations of safety rules of major
significance, and
WHEREAS, although the pattern of decision making before the Ninth Circuit Court has
been confusing, the City of Edmonds has never reduced an exempt employee's salary for
absences of less than a day, its compensatory time program has been purely voluntary and
intended as an additional benefit for such employees, not a program to reduce salary, and the
City has never disciplined an exempt employee by reducing his/her salary by a suspension
without pay nor interpreted its ordinances and personnel policies to permit it to do any of such
act, and
WHEREAS, the City Council wishes to clarify its ordinances and personnel policies to
expressly include past interpretative practice and policy,
80560.1 _ 1
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 2.20 of the Edmonds City Code is hereby amended by the
addition of a new Section 2.20.020 entitled Aolication of Personnel Policies To Exempt
Employees to read as follows:
Section 2.20.020. Application of Personnel Policies to Exempt
Employees. Employees of the City whose duties enable them to
be classified as exempt employees under the terms of the federal
Fair Labor Standards Act are salaried employees. Regardless of
which exemption an employee qualifies for, the provisions of these
ordinances and personnel policies shall always be interpreted to
ensure that the salaried status of the employee is honored. In the
event of any apparent conflict between the provisions of these
ordinances or the City's Personnel Manual, the requirements of the
federal Fair Labor Standards Act or the provisions of federal
regulation enacted to implement them, such regulations and federal
requirements shall control. By way of illustration and not
limitation, such ordinances and personnel policies shall be applied
to salaried and exempt employees to ensure that:
A. The salaries of such employees shall not be reduced in the
event of absences of less than one day. Accrued
accumulated sick, compensatory, vacation and other leave
banks may be debited to the extent accrued and as
permitted by federal statute and regulation.
B. The compensatory time program instituted in accordance
with the provisions of Personnel Policy and administrative
practice are intended as an additional benefit to the
employee. It permits the employee flexible use of accrued
time off in a manner consistent with their status as public
servants. The City understands and acknowledges that an
exempt employee is responsible for the performance of
his/her duties and that such employee is ultimately
answerable to the Mayor as the chief administrative officer
of the City for the appropriate performance of duties,
regardless of the length of time necessary to perform such
duties. The City's compensatory program has been
implemented in order to better account for such exempt
90560.1 _2_
employees' time to the public and to ensure that time off
accrued as compensation for attendance at night meetings
and other time-consuming exercise of public duties which
occur outside of normal working hours may be
compensated for by blocks of time off at a later date in the
nature of a holiday or vacation rather than time off taken
in absences of less than a day, which may not have the
utility for the exempt employee nor benefit all parties by
providing a useable, scheduled block of time off at a time
convenient both to the employee and to the City.
C. The disciplinary policies of the City shall not be interpreted
to permit the use of a suspension without pay as a method
of discipline for an exempt employee except for violations
of safety rules of major significance. In determining
whether a violation of a safety rule of major significance
has occurred, the City's Personnel Manager and Mayor are
directed to federal statutory and case law and the
regulations established by the Department of Labor to
implement the Fair Labor Standards Act.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
Ase
rldwbR,
ATTEST/AUTHENTICATED :
CI Y CLERK, ONDA J. MARCH
80560.1 -3-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CIT LERK: 08/04/94
PASSED BY THE CITY COUNCIL: 10/18/94
PUBLISHED: 10/23/94
EFFECTIVE DATE: 10/28/94
ORDINANCE NO. 2993
80560.1 _4
SUMMARY OF ORDINANCE NO. 2993
of the City of Edmonds, Washington
On the 18thday of October , 199 4 , the City Council of the City of Edmonds,
passed Ordinance No. 2993 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS AMENDING EDMONDS CITY CODE
CHAPTER 2.20 SALARY PAYMENTS BY THE ADDITION OF A NEW SECTION 2.20.020
APPLICATION OF PERSONNEL POLICIES TO EXEMPT EMPLOYEES AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of October , 199 4
C Y CLERK, RHONDA J. MARCH
STATE OF WASHINGTON,
COUNTY OF SNOHOIVIISH,
SUMMARY OF
ORDINANCE NO. 2993
of the City of Edmonds,
Washington
On the 18th day of October,
1994, the City Council of the
City of Edmonds, passed Or-
dinance _Nn 0o n A sump
of the content off a d ordi-
nane..a nonsislina of the title.
The full text of this Ordi-
nance will be mailed upon re-
quest.
DATED this.l9lh day of Oc-
tober, 1994.
-RHONDA J. MARCH
CITY CLERK
Published: October 23, 1994.
ss.
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 .of Ordinance No. 2993
City of Edmonds
................'...-'------.................. ••.................-----..........
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:
October_._23 1994
.11.......................................................
•'•-----------•----------------•-------------...............................................................................
and that said ne spaper was regularly distributed t its subscribers
dur_g� of s period. /
.....
/J Principal Clerk
Subscribed and sworn to before me this....... 2.4r-h ...........
day,, f........... Oct' b.e.r ..:...................... 19....94
..............Fomii�sh
....................:..Notary Public in andotate of Washington,
residing at Everett, Sno bounty.
913 GAO
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