Ordinance 28700006.130.130
WSS/klt
02/12/92
ORDINANCE NO. 2870
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER
2.10, MISCELLANEOUS CITY OFFICERS, TO ADD A
NEW SECTION 2.10.070, AMENDING SECTION
2.35.010 DEFINITIONS TO DEFINE CONTRACT
EMPLOYEE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City Council has from time to time employed
a Council resource person who was originally designated as an
independent contractor but whose duties over the years have evolved
to the point where the individual is an employee of the City; and
WHEREAS, the terms and conditions of employment including
the definition of benefits are governed by the Council resource
person's contract and not by the general provisions of City
ordinance or the City's personnel manual; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code Chapter 2.10
MISCELLANEOUS CITY OFFICERS is hereby amended by the addition of a
new section 2.10.070 COUNCIL RESOURCE PERSON to read as follows:
2.10.070 COUNCIL RESOURCE PERSON
The Council resource person shall be a
contract employee hired on an annual basis by
the City Council. The terms and conditions of
employment for the Council resource person as
well as all benefits shall be governed by the
provisions of the contract. The contract
shall provide for the delegation by the Mayor
of the direction of this individual to the
WSS13751.10 -1-
City Council president. In the event that the
Mayor elects in his or her discretion not to
delegate that function, the Council reserves
the right to immediately eliminate the
position.
Section 2. Edmonds City Code section 2.35.010
DEFINITIONS is hereby amended to read as follows:
2.35.010 DEFINITIONS
A. "Compensating time" is that period of
time that an employee may have away
service of the city due to service in
excess of regular hours.
B. "Continuous service" is continuous
service of an employee of the city and
shall continue until resignation or
involuntary dismissal. Military leave of
not to exceed thirty days in any one
calendar year, absence because of
military service in time of war, and
permitted sick leave shall not constitute
an interruption of continuous service.
C. "Contract employee" is an employee whose
terms and conditions of employment are
determined by an annual contract with the
City. Contract employees shall include
but are not limited to the Council
resource person, provided, however, that
no person shall be deemed a contract
employee without the express
authorization of the City Council. The
provisions of the contract shall govern
and control and no provision of any
collective bargaining agreement or this
chapter shall be applicable to the
position unless specifically referenced
in the contract and the City ordinance.
The employee shall receive only those
benefits provided by the contract or
specifically required pursuant to state
or federal law.
D. "Employee" means those persons employed
in the service of the city on a full-time
basis and who are remunerated pursuant to
the annual salary ordinance, other than
those persons for whom the city has
WSS13751.1O -2-
recognized a sole collective bargaining
agent.
E. "Service" is being present for and/or
performing the duty to which an employee
of the city has been assigned.
Section 3. 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 the ordinance or a summary thereof consisting of
the title.
ATTEST/AUTHENTICATED:
4CTIALN!�M, NDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF E CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: February 13, 1992
PASSED BY THE CITY COUNCIL: February 18, 1992
PUBLISHED: May 26, 1992
EFFECTIVE DATE: May 31, 1992
ORDINANCE NO. 2870
WSS13751.1O -3-
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIYISH, ss
ID
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
SUMMARY OF ORDINANCE NO. 2870 printed and published in the City of Everett, County of Snohomish,
of the City of
Edmonds, and State of Washington; that said newspaper is a newspaper of
of
gton
On the 1811i dayay of February, br-
1992 the City Council of the City
No. 2870 Edmonds summary dot +he general circulation in said County and State; that said newspaper
consistinvoof the title, Provides
as follows: has been approved as a legal newspaper by order of the Superior
AN ORDINANCE OF THE CRY Court of Snohomish Count and that the notice .................................
OF EDMONDrGF PROIVISIONS� Y
....... Suwar.y... o.f... Qr.d.inanc.e... No ...... 2.8.7.0................................................
SAME SHALL Vrc -- ---
TIVE.-----.. c.t.y...Q.f...E dmon ds.......................................................................................
will fmaitext of irequest.nce
beled upon
DATED this 19th day of
-February, 1992.
RHONOA J. MARCH • ....................................
City Clerk
Published: May 26, 1992. 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:
....... May ... 2 b.,....199...............................................................................................
............................................... •---.....................----..........................---.............................
and that said newspaper was regularly distributed to its subscribers
during all of sa)d period.
/ . v...;...... ].... ... .......... .......... - ...
.......................................................................................-.......................
Principal Clerk
Subscribed and sworn to before me this ......... 27O........
dayo................................Ka.Y. ..... .,,.t ......................,
rd----------------
o5, for the State of Washington,
(n A,
11al
B-2-1