Ordinance 344700006.90000
WSS /gjz
2/14/03
ORDINANCE NO. 3447
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY CODE
TO ADD A NEW CHAPTER 2.37 MISCELLANEOUS LEAVE
AND BREAK PROVISION IN ORDER TO PERMIT
FLEXIBILITY IN THE SCHEDULING OF BREAKS AS MAY
BE REQUIRED PURSUANT TO THE WASHINGTON
ADMINISTRATIVE CODE, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Division of Labor & Industries of the State of Washington
requires employers to provide a fifteen minute break to its employees during any four hour
period; and
WHEREAS, those provisions permit the exemption of public employees upon the
passage of an ordinance by the affected municipal government; and
WHEREAS, members in certain city departments have been permitted flexibility
in the scheduling of breaks for their own personal convenience; and
WHEREAS, absent the adoption of this ordinance, such flexibility would be
prohibited, and
WHEREAS, the City Council believes it to be in the public interest to permit
greater flexibility in the scheduling of breaks, so long as the City complies with any and all
collective bargaining obligations; 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 is hereby amended by the addition of a new
Chapter 2.37 Miscellaneous Leave and Break Provisions to read as follows:
Chapter 2.37
Miscellaneous Leave and Break Provisions
2.37.010 Breaks
1. Pursuant to the provisions of the Washington
Administrative Code Section 296- 126 - 001(4), the City of Edmonds
hereby exempts its employees from the provisions of Chapter 296-
126 of the Washington Administrative Code. By way of
illustration and not limitation, the City's employees shall not be
governed by the provisions of WAC 296- 126 -092 relating to meal
periods and rest periods.
This exemption shall be interpreted in accordance with the City's
bargaining obligations pursuant to the provisions of Washington
law. Nothing herein shall be interpreted to abrogate past practice
or to permit the alteration of any term or condition of employment
which is a mandatory subject of bargaining, without notice to and,
where appropriate, bargaining with the appropriate collective
bargaining representatives.
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.
APPROVE
MAY ORtjr HAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF Y RNEY:
BY
W. Scott Snyder
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FILED WITH THE CITY CLERK: 03/21/2003
PASSED BY THE CITY COUNCIL: 03/25/2003
PUBLISHED: 03/30/2003
EFFECTIVE DATE: 04/04/2003
ORDINANCE NO. 3447
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SUMMARY OF ORDINANCE NO. 3447
of the City of Edmonds, Washington
On the 25th day of March, 2003, the City Council of the City of Edmonds, passed
Ordinance No. 3447. 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
EDMONDS CITY CODE TO ADD A NEW CHAPTER 2.37 MISCELLANEOUS LEAVE
AND BREAK PROVISION IN ORDER TO PERMIT FLEXIBILITY IN THE SCHEDULING
OF BREAKS AS MAY BE REQUIRED PURSUANT TO THE WASHINGTON
ADMINISTRATIVE CODE, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 261h day of March, 2003.
CITY CLERK, SANDRA S. CHASE
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Page 1 of 1
WAC 296 - 1.26 -001 Applicability. These standards, adopted pursuant to the authority of chapter 49.12
RCW as amended by chapter 16, Laws of 1973 2nd ex. sess., shall apply to any person employed in any
industry or occupation within the state of Washington, unless:
(1) Exempted by the provisions of chapter 49.12 RCW (newspaper vendors or carriers, domestic or
casual labor in or about private residences, agricultural labor as defined in RCW 50.04.150, as now or
hereafter amended, and sheltered workshops, are all exempt from these provisions);
(2) Otherwise exempted in rules and regulations adopted by the industrial welfare committee of the state
of Washington;
(3) Exempted by a variance issued under the provisions in WAC 296..- 126. -130,;
(4) Such person is an employee of the state or any political subdivision, or municipal corporation to the
extent that these rules conflict with any statute, rule or regulation adopted under the authority of the
appropriate legislative body.
[Order 74 -9, 296 -.126 -001, filed 3/13/74, effective 4/15/74.]
Adopted by Reference
Ordinance # on 3-v75-03
i Clerk
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Page 1 of 1
WAC 296 - 1.26 -092 Meal periods -- Rest periods. (1) Employees shall be allowed a meal period of at
least 30 minutes which commences no less than two hours nor more than five hours from the beginning
of the shift. Meal periods shall be on the employer's time when the employee is required by the
employer to remain on duty on the premises or at a prescribed work site in the interest of the employer.
(2) No employee shall be required to work more than five consecutive hours without a meal period.
(3) Employees working three or more hours longer than a normal work day shall be allowed at least one
30- minute meal period prior to or during the overtime period.
(4) Employees shall be allowed a rest period of not less than 10 minutes, on the employer's time, for
each 4 hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the
work period. No employee shall be required to work more than three hours without a rest period.
(5) Where the nature of the work allows employees to take intermittent rest periods equivalent to 10
minutes for each 4 hours worked, scheduled rest periods are not required.
[Order 76 -15, 296 - 126 -092, filed 5/17/76.]
Adopted by Reference
Ordinance # J99 "- on 3 -.7 5 -03
4 � -,-/ L6
City Clerk
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STATE OF WASHINGTON,
COUNTY OF SNOHONHSH
^ Sl1MMAIRY- CE_OADINANCE -NO. -3447
of the Cily of Edmonds, Washington
On the 25th day of March, 2003, the C'Ay Council of the
City of Edmonds, passed Ordinance No. 3447. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING THE EDMONDS CITY CODE TO ADD A
NEW CHAPTER 2.37 MISCELLANEOUS t FAV ANn
BREAK PROYISIOII IN ORDER TO PERMIT FLEXIBILITY
IN THE SCHEDULING OF BREAKS AS MAY BE RE-
QUIRED PURSUANT TO THE WASHINGTON ADMINIS-
TRATIVE CODE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of March, 2003.
CITY CLERK, SANDRA S. CHASE
Published: March 30, 2003.
RECEIVED
APR 0 3 2003
EDMONDS CITY CLERK
Affidavit of Publication
I S.S.
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
Summary of Ordinance No. 3447
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:
March 30, 2003
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day
County.
in and for the State of
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Account Name: City Of Edmonds Edmonds, City Of Account Number. 101416 Order Number. 0001018645