Ordinance 33730006.900000
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10/31/01
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ORDINANCE NO. 3373
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
EDMONDS CITY CODE CHAPTER 2.35 RELATING TO
VACATION AND SICK LEAVE TO ADD A NEW SECTION
2.35.025 MILITARY LEAVE, AMENDING THE PROVISIONS
OF SECTION 2.35.045 SHARED LEAVE, SUBSECTIONS H
AND B, TO PROVIDE FOR USE BY PERSONS
INVOLUNTARILY CALLED TO MILITARY SERVICE;
PROVIDING FOR WHEN THE POLICIES HEREIN ADOPTED
SHALL BE EFFECTIVE WITH RESPECT TO BARGAINING
UNIT EMPLOYEES, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the terrorist attacks of September 11 have caused the armed services
to call up a number of reservists, including an employee of the City of Edmonds, and
WHEREAS, those called to active military service have a right, with certain
exceptions, to return to City employment upon honorable discharge from the military, but there
is no obligation that they do so, and
WHEREAS, as a means of ensuring that experienced, trained, and skilled City
employees return to City employment after discharge from active military service and in order to
provide an incentive for such employees to do so, the City Council finds it to be in the public
interest to provide certain compensation and benefits to employees who are involuntarily called
to military service for a period after such call up, and
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WHEREAS, the City has secured or will secure memoranda of understanding
with the applicable collective bargaining units representing City employees agreeing to the
provisions of policies adopted by this Ordinance, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code Title 2 is hereby amended by the addition of
a new Chapter 2.25 Military Leave to read as follows:
2.25 Military leave.
2.25.010 Annual Leave for Reservists.
Every City employee who is a member of the Washington national
guard or of the army, navy, air force, coast guard, or marine corps
reserve of the United States, or of any organized reserve or armed
forces of the United States, shall be entitled to annual leave as
provided in RCW 38.40.060.
2.25.020 Involuntary Military Service.
A. Subject to the provisions of Subsections 2.25.020(B)(2) —
(8) below, every City employee who is involuntarily called to
active duty in the Washington national guard, or in the army, navy,
air force, coast guard, or marine corps of the United States, shall be
entitled to receive the following from the City, commencing on the
first day the employee reports for active duty and continuing for
the period specified below or until the employee's discharge from
active duty, whichever occurs first:
1. For sixty (60) days:
The difference, if any, between the employee's regular salary or
wages, fixed as of the last day of service rendered to the City prior
to reporting for active duty, and the monetary compensation paid
to the employee for the employee's military service, inclusive of
housing and food allowances and other similar expenses; and
2. For ninety (90) days:
Medical, dental, and vision benefits for the employee and the
employee's dependents, at the same level as provided to the
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employee and the employee's dependents as of the last day of
service rendered to the City prior to reporting for active duty.
3. An employee shall be entitled to utilize the total of the
benefits set forth in this section once within any five (5) calendar
year period. The five year period shall commence on the first day
such benefit(s) are used.
B. In order to qualify for the compensation and benefits to be
provided under Subsection 2.25.020(B)(1), an employee who is
involuntarily called to active military service must execute an
agreement obligating the employee to return to work at the City
upon completion of active duty and within the reemployment
rights period established by federal law. The agreement shall
provide that if the employee fails to return to City employment
within the time period prescribed by law during which the
employee has a right to return, the employee shall be obligated to
reimburse the City for all compensation and benefits that are paid
under this Section.
C. In order to receive the compensation provided by
Subsection 2.25.020(B)(1)(a), the employee shall be required to
submit copies of his or her military pay stubs showing all
compensation received from the military during the period of
active service. The employee may submit such stubs once per pay
period, but no more frequently than once every two weeks. The
City shall pay the compensation amount due under Subsection
2.25.020(B)(1)(a), if any, at the time of the City's next regularly
scheduled payroll.
D. City employees who have already been involuntarily called
to military service prior to the effective date of this Subsection
2.25.020(B) may qualify for the compensation and benefits
provided herein by signing an agreement to return as provided in
Subsection 2.25.020(B)(2). In such case, the sixty days of
compensation and benefits and the ninety days of COBRA
continuation shall commence on the date the agreement is signed.
E. During the period of military leave, the employee shall not
accrue or receive any other compensation, benefits, seniority, or
any other right whatsoever from the City except those specifically
provided for in this Subsection 2.25.020(B) and those specifically
required by state and federal law.
F. Use of the term "employee" in this Subsection 2.25.020(B)
in order to describe those called to military service is for
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convenience only and is not intended to imply that such persons
remain City employees during the period of active duty. Upon
completion of the last day of service for the City prior to reporting
for active military service, such person is no longer a City
employee for any purpose, unless and until re- employed by the
City as provided under federal law.
G. The provisions of this Subsection 2.25.020(B) shall apply
only to those City employees who are involuntarily called to active
military service. Employees who voluntarily enlist or who
otherwise volunteer for such active service are not eligible.
H. Nothing herein shall be interpreted to expand the rights of
employees to return to the City beyond those rights granted by
state and federal law. By way of illustration and not limitation, the
City reserves its right to determine whether an employee can be
reasonably accommodated in the event he /she becomes disabled, to
refuse to reemploy an individual who is dishonorably discharged
or otherwise exercise its statutory or common law discretion as a
public employer.
2.35.030 Other military leave and obligations.
The City will comply with all provisions of state and federal law
relating to military leaves and benefits, including, but not limited
to, 38 U.S.C. §4301, et seq., and RCW 38.40.060.
Section 2. The Edmonds City Code Section 2.35.045 Shared leave,
paragraphs A and B are hereby amended to read as follows:
2.35.045 Shared leave.
A. Intent. The purpose of shared leave is to permit City
employees at no additional employee cost to the City other than the
administrative cost of administering the program, to come to the
aid of a fellow employee who is suffering from or has an
immediate family member, suffering from an extraordinary or
severe illness, injury, impairment, or physical or mental conditions
which has caused, or is likely to cause, the employee to take leave
without pay or to terminate his or her employment. In addition to
these purposes, the shared leave program may be used by
employees who have been involuntarily called to military service.
B. A department director, with the Mayor's approval, may
permit an employee to receive shared leave under this ordinance if:
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1. The employee suffers, or has an immediate family suffering
from an illness, injury, impairment or physical or mental condition
which is of an extraordinary or severe nature and which has
caused, or is likely to cause, the employee to go on leave without
pay or to terminate his or her employment with the City. In
addition, the shared leave program may be utilized by an employee
who has been involuntarily called to active duty in the Washington
National Guard, or in the Army, Navy, Air Force, Coast Guard or
Marine Corps of the United States. An employee seeking to utilize
the share leave program due to an involuntary call to military
service need not establish compliance with paragraphs 2 through 4
below.
2. The employee is depleted or will shortly deplete his or her
total of accrued vacation, sick leave, compensatory time, holiday
time, and/or other paid leave.
3. Part of the use of shared, leave, the employee is abided by
the sick leave policy.
4. The employee is diligently pursued and is found to be
ineligible for state industrial insurance benefits.
5. Use of shared leave will not significantly increase the
City's costs except for those costs which would otherwise be
incurred in the administration of this program and which would
otherwise be incurred by the employee's department.
Section 3. Effective Date. The policies adopted herein shall be effective as to
non - represented employees from and after their passage. The policies shall not be effective as to
any represented employee until such time as the policies have been approved by a memorandum
of understanding with the bargaining unit, which represents the employee.
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Section 4. Effective Date. This ordinance, being an exercise of a power
specifically 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:
M OR Y HAAKENSON
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF E C ATTORNEY:
BY
W. Scott Snyder
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3373
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11/02/2001
11/05/2001
11/11/2001
11/16/2001
SUMMARY OF ORDINANCE NO. 3373
of the City of Edmonds, Washington
On the 5th day of November, 2001, the City Council of the City of Edmonds,
passed Ordinance No. 3373. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF EDMONDS CITY CODE CHAPTER 2.35 RELATING TO VACATION
AND SICK LEAVE TO ADD A NEW SECTION 2.35.025 MILITARY LEAVE, AMENDING
THE PROVISIONS OF SECTION 2.35.045 SHARED LEAVE, SUBSECTIONS H AND B, TO
PROVIDE FOR USE BY PERSONS INVOLUNTARILY CALLED TO MILITARY
SERVICE; PROVIDING FOR WHEN THE POLICIES HEREIN ADOPTED SHALL BE
EFFECTIVE WITH RESPECT TO BARGAINING UNIT EMPLOYEES, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 6th day of November, 2001.
CITY CLERK, SANDRA S. CHASE
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Adopted by Reference f Page 1 of 2
Ordinance # 3373 on / 5 D
RCW 38.40.060 Cify Clerk
Military leaves for public employees. (Effective until October 1,
2001.)
Every officer and employee of the state or of any county, city, or
other political subdivision thereof who is a member of the
Washington national guard or of the army, navy, air force, coast
guard, or marine corps reserve of the United States, or of any
organized reserve or armed forces of the United States shall be
entitled to and shall be granted military leave of absence from
such employment for a period not exceeding fifteen days during each
calendar year. Such leave shall be granted in order that the person
may report for active duty, when called, or take part in active
training duty in such manner and at such time as he or she may be
ordered to active duty or active training duty. Such military leave
of absence shall be in addition to any vacation or sick leave to
which the officer or employee might otherwise be entitled, and
shall not involve any loss of efficiency rating, privileges, or
pay. During the period of military leave, the officer or employee
shall receive from the state, or the county, city, or other
political subdivision, his or her normal pay.
[1991 c 25 § 1; 1989 c 19 § 50; 1957 c 236 § 1; 1939 c 113 § 1.1
NOTES:
Application -- 1991 c 25: "This act applies to all public
employees and officers who reported for active duty or active
training duty, under RCW 38.40.060, on or after August 2,
1990." [1991 c 25 § 2.]
RCW 38.40.060
Military leaves for public employees. (Effective October 1, 2001.)
Every officer and employee of the state or of any county, city, or
other political subdivision thereof who is a member of the
Washington national guard or of the army, navy, air force, coast
guard, or marine corps reserve of the United States, or of any
organized reserve or armed forces of the United States shall be
entitled to and shall be granted military leave of absence from
such employment for a period not exceeding fifteen days during each
year beginning October 1st and ending the following September 30th.
Such leave shall be granted in order that the person may report for
active duty, when called, or take part in active training duty in
such manner and at such time as he or she may be ordered to active
duty or active training duty. Such military leave of absence shall
be in addition to any vacation or sick leave to which the officer
or employee might otherwise be entitled, and shall not involve any
loss of efficiency rating, privileges, or pay. During the period of
military leave, the officer or employee shall receive from the
state, or the county, city, or other political subdivision, his or
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Page 2 of 2
her normal pay.
[2001 c 71 § 1; 1991 c 25 § 1; 1989 c 19 § 50; 1957 c 236 § 1; 1939 c 113 § 1.]
NOTES:
Effective date -- 2001 c 71: "This act takes effect October 1,
2001." [2001 c 71 § 2.]
Application -- 1991 c 25: "This act applies to all public
employees and officers who reported for active duty or active
training duty, under RCW 38.4.0.060_, on or after August 2,
1990." [1991 c 25 § 2.1
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Affidavit of Publication
STATE OF WASHINGTON, 1 S.S.
COUNTY OF SNOHOMISH f
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
City of Edmonds
N ary PubliL in and for the State of
Eve S ffiomish County.
RE:C:EIVIED
NOV 14 2001
EDMONDS CITY CLERK
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Summary of Ordinance NO. 3373
SUMMARY OF ORDINANCE NO 3373
of the City of dmonds, Washington
On the 5th day of November, 2001, the City Council of -+'
the City of Edmonds, passed Ordinance No. 3373. A
summary of the content of said ordinance, consisting of "-
the title, provides as follows:
AN ORDINANCE CITY ON S, ,-
a printed copy of which is hereunto attached, was published in said newspaper
N AMENDING PROVISIONS OF
EDMONDS CITY CODE CHAPTER 2.35 RELATING TO "
VACAT N ADD A NEW ECTION .
IRK LEAVE
proper and not in supplement form, in the regular and entire edition of said
2 35 025 MIDI LEAVE,
PROVISION3fil N 2.35.045 §HARED LEAVE,
SUBSONSONS H AND 8, PROVIID
YO TOFOR USE BY_ ,
paper on the following days and times, namely:
SERVICE; PROVIDING FOR WHEN THE POLICIES
HEREIN ADOPTED SHALL BE EFFECTIVE WITH
RESPECT TO BARGAINING UNIT EMPLOYEES, AND,,.
November 11 2001
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance *t be mailed upon
request.
DATED this 61h day of November, 2001.
CLERK, SANDRA S. CHASE �
and that said newspaper was regularly distributed to its subscribers during
Published: November 1Cl2
all of said period.
Principal Clerk
Subscribed and sworn to before me this 12th
day of November, 2001 /1
N ary PubliL in and for the State of
Eve S ffiomish County.
RE:C:EIVIED
NOV 14 2001
EDMONDS CITY CLERK
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