Ordinance 4246ORDINANCE NO. 4246
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING ALLOCATION OF
AMERICAN RESCUE PLAN ACT FUNDS FOR THE
PURPOSE OF PROVIDING COVID PREMIUM PAY TO
ELIGIBLE CITY EMPLOYEES AND AUTHORIZING
ADDITIONAL VACATION DAYS FOR SUCH
EMPLOYEES.
WHEREAS, SARS-CoV-2 (COVID-19) disease is caused by a virus that spreads easily
from person to person and may result in serious illness or death, and is classified by the World
Health Organization as a worldwide pandemic; and
WHEREAS, COVID-19 has broadly spread throughout Washington State and remains a
significant health risk to the community, especially members of our most vulnerable populations;
and
WHEREAS, on February 29, 2020, Washington Governor Jay Inslee issued
proclamation 20-05, proclaiming a state of emergency throughout the state of Washington in
response to new cases of COVID-19, and directing state agencies to use all resources necessary
to prepare for and respond to the outbreak; and
WHEREAS, on March 5, 2020, the Mayor of the City of Edmonds declared an
emergency of the city due to the COVID-19 crisis; and
WHEREAS, on March 23, 2020, Governor Inslee issued Proclamation 20-25, a "Stay
Home — Stay Healthy" order closing non-essential workplaces, requiring people to stay home
except to participate in essential activities or to provide essential business services, and banning
all gatherings for social, spiritual, and recreational purposes. This order was extended multiple
times. Under the "Stay Home — Stay Healthy" proclamation, certain City employees have been
deemed "Essential Critical Infrastructure Workers" performing work to protect the community
and ensure continuity of functions critical to public health and safety; and
WHEREAS, on January 28, 2021, the Centers for Disease Control and Prevention
(CDC) reported that multiple COVID-19 variants are circulating globally. Scientists are working
to learn more about these variants to better understand how easily they might be transmitted and
the effectiveness of currently authorized vaccines against them; and
WHEREAS, on March 8, 2021, the CDC stated that preliminary evidence suggests that
the currently authorized COVID-19 vaccines may provide some protection against a variety of
strains. The CDC further stated, however, that the risks of COVID-19 infection in fully
vaccinated people cannot be completely eliminated as long as there is continued community
transmission of the virus. Recent reports have shown that vaccinated people can still contract
COVID-19 through "breakthrough infections," and may be able to spread it to others; and
WHEREAS, the Washington State Department of Health's COVID-19 vaccine timeline
made some City employees eligible for vaccination starting on March 17, 2021 and all remaining
City employees eligible starting on April 15, 2021. While many City employees may now be
vaccinated, the risks of COVID-19 infection in fully vaccinated people cannot be completely
eliminated as long as there is continued community transmission; and
WHEREAS, since March 2020, the City has been responding to the pandemic by
providing essential government services, and many City employees have been required to be on
the front lines to ensure citizen access to these government services since the beginning of the
pandemic despite facing the danger of workplace exposure to COVID-19; and
WHEREAS, throughout the entirety of the COVID-19 emergency, citizens of Edmonds
have been relying upon the work of City employees who face the risk of exposure to COVID-19
to maintain government services; and
WHEREAS, many City employees cannot choose to work from home and must come to
work to perform their jobs, which can involve substantial interaction with customers and co-
workers that could potentially spread the virus. They are wearing masks, socially distancing as
much as is possible, performing safety protocols, and learning new skills to decrease
transmission of the virus to protect themselves and the public; and
WHEREAS, eligible City employees who must come to work to perform their jobs
during the COVID-19 emergency are entitled to premium pay and additional vacation days
because they are required to continue to perform duties involving additional risk of exposure to
the COVID-19 virus. Many City employees have been working under such conditions since the
beginning of the pandemic; and
WHEREAS, providing a COVID-19 premium pay bonus and additional vacation days to
eligible City employees for frontline work performed for the citizens of Edmonds during the
COVID-19 emergency will promote job retention, compensate for the risks of working on the
frontlines of a global pandemic, improve financial ability to access resources for protecting
themselves and their families from catching or spreading the virus or coping with illness caused
by the virus, and support the access to government services for the greater community; and
WHEREAS, on March 10, 2021, the United States Congress passed the American
Rescue Plan Act of 2021 ("ARPA"), providing direct relief to units of local government through
the United States Department of Treasury; and
WHEREAS, the Department of Treasury has issued guidance for the allowable uses of
the direct relief funds, and one permissible use of ARPA funds is to provide premium pay to
eligible local government workers facing increased risk due to COVID-19; and
WHEREAS, the City Council acknowledges the value of employees whose continued
employment during this COVID-19 pandemic resulted in continuous, excellent service to the
community and performance of the added responsibilities undertaken and the City Council
therefore desires to incentivize their retention as employees; and
WHEREAS, the City Council chooses to use funding under the American Rescue Plan
Act to provide premium pay to its essential employees for work they continue to perform due to
the COVID-19 pandemic; and
WHEREAS, the City Council will provide premium pay to all eligible City employees,
which do not include Elected Officials and employees who do not meet American Rescue Plan
Act eligibility; and
WHEREAS, the City Council chooses to provide additional vacation days to all eligible
City employees in recognition of the fact that such employees were or are unable to work
remotely and had to or will have to use their personal leave for COVID-19 related impacts;
NOW THEREFORE;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ORDAINS AS
FOLLOWS:
Section 1. Findings. The City Council adopts the above recitals as findings in support of
this Ordinance.
Section 2. Eligible Employees. An eligible employee is an employee that meets all the
following criteria and is not excluded under Section 5:
A. Employed by the City of Edmonds in a regular full- or part-time position, budgeted
for at least twenty (20) hours per week; and
B. Employed in the position and assigned regular duties within the job description for at
least six (6) months between March 23, 2020 and December 31, 2021; and
C. During the six (6) qualifying months, was required by a supervisor or manager to
perform job duties on-site (as opposed to remote telework) for at least four (4) days
per week or a total of one hundred four (104) days during that time period which
placed the employee in a potential situation of exposure to COVID-19; and
D. Was performing job duties in an on-site work location where the employee must
interact in person with members of the public for a cumulative total of at least fifteen
(15) minutes in a twenty-four (24) hour period or with co-workers that in the same
day interacted with members of the public for a cumulative total of at least fifteen
(15) minutes in a twenty-four (24) hour period.
Section 3. Eligibility Determination. Eligibility shall be conclusively determined by the
Human Resources Director, in consultation with the employee's supervising Department Head or
Elected Official. Such determination shall be final and not be subject to any grievance or appeal
process. The determination shall be documented and include written justification of how the
premium pay responds to eligible employee needs in performing essential work.
Section 4. Premium Pay. Each eligible employee shall receive premium pay for hours
scheduled, up to a maximum total of One Thousand Two Hundred Fifty Dollars ($1,250.00), at
the rate of Five Dollars ($5.00) per hour for up to forty (40) hours scheduled per week for each
week between March 1, 2022 and May 31, 2022.
Section 5. Vacation Days. Each eligible employee shall receive two (2) additional
vacation days added to their vacation bank.
Section 6. Exclusions. The following employees are excluded from eligibility: Elected
Officials, Department Directors and Deputy Department Directors.
Section 7. Savings. With respect to the subject matter of this Ordinance, the City will
retain status quo working conditions of employees covered by existing collective bargaining
agreements or a dynamic status quo until such time as the working conditions of such employees
are changed in accordance with law.
Section S. Severability. If any section, subsection, clause, sentence, or phrase of this
Ordinance should be held invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance.
Section 9. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 10. Effective Date. This ordinance, being exempt under RCW 35A.11.090(4), as
an ordinance appropriating money, 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: `
MAY,OR MIKE NELSON
�AT5TESUAUTHEJATED:
CLERK, SCOTT PA)SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
JEFF TARADAY
FILED WITH THE CITY CLERK: February 11, 2022
PASSED BY THE CITY COUNCIL: February 15, 2022
PUBLISHED: February 18, 2022
EFFECTIVE DATE: February 23, 2022
ORDINANCE NO. 4246
SUMMARY OF ORDINANCE NO. 4246
of the City of Edmonds, Washington
On the 15th day of February, 2022, the City Council of the City of Edmonds, passed
Ordinance No. 4246. A summary of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING ALLOCATION OF
AMERICAN RESCUE PLAN ACT FUNDS FOR THE
PURPOSE OF PROVIDING COVID PREMIUM PAY TO
ELIGIBLE CITY EMPLOYEES AND AUTHORIZING
ADDITIONAL VACATION DAYS FOR SUCH
EMPLOYEES.
The full text of this Ordinance will be mailed upon request.
DATED this 15th day of February, 2022.
CLE , SCOTTO' EY
'1 r
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH948914 ORDINANCE
SUNEvIARY as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
02/18/2022 and ending on 02/18/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount the fee for s h publication is
$65.36.
Subscribed and sworn befopO me on thIE
day of
Linda Phillips
Nc)tary Public
State of Washington
My Appointment Expkea 6129/425
Commi6sion Number 1141T :1
Notary Public in and for the State of
Washington.
Cily orEdmonds-LEGALADS 114101416
SCOTTPASSEY
Classified Proof
ORDINANCE SUMMARY
of the Clby of Edmonds, Waslinpb0n
on the 1 Sth day of Fgb narryy 2x22, th4 Cay Council of Ore City 01
Edraonda, pasaed IAe 10Uov+lfg OrWlaricae, 1ha wmmarls6 of aald
onTinances cor slst n8 of flues are provided as foRoas.
RD]NAN E .42,15
AN ORDINANCE OF HE I OF EDAI NDS, WASHINGTON,
AMENDING CHAPTER 1.20 ECC, ENTITLED "PUBLIC
RECORDS REQUESTS; TO ALIGN WITH THE
REORGANTZATION OF THE ADMINISTRATIVE SERVICES
DEPARTMENT
OR IN ,HCNO-434
AN ORDINANCE or TRE aIT�_Y _ 6T MON DS. WASHINGTON
AUTHORIZING ALLOCATION OF AMERICAN RESCUE PLA
ACT FUNDS FOR THE PURPOSE OF PROVIDING COVID
PREIAIUM PAY TO ELIGTKE CITY EMPLOYEES AND
AUTHORIZING ADDITIONAL VACATION DAYS FOR SUCH
EMPLOYEES
C1R{]INANGE N
AN ORDINANCE OFTHIO ONDS. WASHINGTON.
ESTABLISHING AN IMMEDEATE EMERGENCY MORATORIUM
ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS
FOR BD2 ZONED LOTS THAT 00 NOT FRONT ON A
DESIGNATED STREET FRONT, TO BE IN EFFECT UNTIL THE
CITY OF EOKtONDS ADOPTS INTERIM DEVELOPMENT
REGULATIONS POA SUCH BD2 ZONED LOTS, SETTING TWO
MONTHS AS THE EFFECTVE PERIOD OF THE MORATORIUM,
AND DECLARING AN EMERGENCY
ORDINANCE NO.42a6
AN ORDINANCE OFiREW1T4�F�DMOMDS. WASHINGTON,
AMENDING CHAPTER 5.34 ECC fPFRSONS, CRIMES
RELATRCW 7I1I05A6D? PROVIDING NG FORDOPT BY FSEVERASt I'fYERENCE ROW TDECLARING
AN EMERGENCY AND SETTING AN EFFECTIVE DATE
The 1uA %8>;[ of these Ordnmas WIII be sent upon requasL
DATED Ods 45th Day M February, 2022.
CITY CLERK, SCOTT PASSEY
PUNY hod: February 18, 2022, EDH948914
Proofed by Phillips, Linda, 02/18/2022 08:49:25 am Page: 2