Ordinance 33990006.90000
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6/13/02
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ORDINANCE NO. 3399
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
SECTION 2.25.020 RELATING TO INVOLUNTARY
MILITARY SERVICE IN ORDER TO COORDINATE THE USE
OF MILITARY LEAVE PROVIDED THEREIN WITH
EXISTING VACATION COMPENSATORY AND OTHER
PAID LEAVE BENEFITS, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council established Chapter 2.25 of the Edmonds City Code
relating to military leave for individuals called to active military service; and
WHEREAS, in the course of administering the leave provided, employees have
requested that they be permitted to utilize vacation, compensatory and other paid leave in
conjunction with the military leave in order that their families might have the benefit of paid
insurance benefits, which those families have found to be superior to the benefits provided to
military personnel; and
WHEREAS, the City Council finds it to be in the public interest to permit such
leave usage and its better coordination with the provisions of military leave, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The Edmonds City Code Section 2.25.020 relating to involuntary
military service is hereby amended to read as follows:
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, the first day of duty
after expiration of such leave 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 following the expiration of the leave
provided for in Section A(1) above:
Medical, dental, and vision benefits for the employee and the
employee's dependents, at the same level as provided to the
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.
4. An employee may utilize vacation, compensatory time and
other forms of accrued leave eligible for use in accordance with the
terms of, and limitations on the use of, such accrued leave, prior to
or in conjunction with the use of military leave, in order to
supplement or extend the benefits created by this ordinance. Use
of such benefits shall result in an adjustment of time limits for
military leave to reflect the usage of accrued leave.
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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, except to the extent that
additional leave accrued through the use of accrued leave under
paragraph A(4) above.
F. Use of the term "employee" in this Subsection 2.25.020(B)
in order to describe those called to military service is for
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.
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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.
Section 2: With respect to the member of any Collective Bargaining Unit, the
benefits approved in this ordinance shall be effective only when accepted in writing by the
Bargaining Unit.
Section 3. 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.
APPROVE :
mAY,6RG 611 HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF MO'*T"Y A O Y:
BY
W. SCOTT SNYDER
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FILED WITH THE CITY CLERK: 06/18/2002
PASSED BY THE CITY COUNCIL: 06/18/2002
PUBLISHED: 06/23/2002
EFFECTIVE DATE: 06/28/2002
ORDINANCE NO. 3399
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SUMMARY OF ORDINANCE NO. 3399
of the City of Edmonds, Washington
On the 18th day of June, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3399. 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 SECTION 2.25.020 RELATING TO INVOLUNTARY MILITARY
SERVICE IN ORDER TO COORDINATE THE USE OF MILITARY LEAVE PROVIDED
THEREIN WITH EXISTING VACATION COMPENSATORY AND OTHER PAID LEAVE
BENEFITS, 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 June, 2002.
CC ITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, 1 S.S.
COUNTY OF SNOHONHSH f
r SUMMARY OF ORDINANCE NO 9
M the ity of dmon s, ashington
On the 18th day of June, 2002, the City Council of the
city of Edmonds, passed Ordinance No. 3399. A
The undersigned, being first duly sworn on oath deposes and says that she is
summary of the content of said ordinance, consisting of
title, provide
AN OF THE CITY OF EDMONDS WASH
Principal Clerk of THE HERALD, a daily newspaper printed and published
INGTON, AMENDING THE PROVISIONS OF SECTION
2.25 i SERVICE RELATING ODER TO COORDINATE N OF
MILITARY
in the City of Everett, County of Snohomish, and State of Washington; that
LEAVE PROVIDED THEREIN WITH
EXISTING
EAVE BENEFIITS, ANDNFIX FIXING TI
PAID E WHEN f
said newspaper is a newspaper of general circulation in said County and
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed uponl
r oast.
State; that said newspaper has been approved as a legal newspaper by order
DATED this 19th day of June, 2002.
CITY CLERK, SANDRA S. CHASE
Published: June 23, 2002.
of the Superior Court of Snohomish Counter and that the notice
City of Edmonds
Summary of Ordinance No. 3399
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:
June 23, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said
Subscribed and sworn to before me this 24th
day of
June. 2002
Everett, Snohomish
REC IV
JUN 2 6 2002
EDMONDS C11Y MAK
Principal Clerk
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