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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 B-2-1