Ordinance 35050006.900000
WSS /gjz
5/27/04
ORDINANCE NO. 3505
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
2.35.030 VACATIONS, 2.35.040 COMPENSATING TIME AND
2.35.090 CONFLICT IN ORDER TO BETTER COORDINATE
BENEFITS WITH THE ANNUAL SALARY ORDINANCE AND
CHANGING JOB TITLES, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the benefits of City employees, including vacation and sick leave,
are established by the City Council through ECC Chapter 2.35, as well as through the provisions
of the annual salary ordinance, and
to time,
WHEREAS, job titles and job responsibilities are amended and updated from time
WHEREAS, the schedule. set forth in ECC Chapter 2.35, particularly in Sections
2.35.030 and 2.3 5.040 has become obsolete due to changes in job title, and
WHEREAS, the City Council has sole authority to establish wages and benefits
pursuant to the provisions of RCW Title 35A and the adoption of an annual salary ordinance, and
WHEREAS, the City Council deems it to be in the public interest to provide
latitude for the Mayor to negotiate various compensation packages in order to attract experienced
high- quality employees in accordance with the dictates of the market place, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Section 2.35.030 Vacations is hereby amended to read as follows:
2.35.030 Vacations.
A. Regular employees shall accrue the following amount of
vacation leave with pay based on the length of continuous service
as that term is defined in the personnel policies:
1. Non - exempt, represented employees shall receive vacation
leave in accordance with the applicable collective bargaining
agreement;
2. Non- exempt and exempt, non - represented employees
below the level of division manager shall accrue annual vacation in
accordance with the following schedule:
Years of Employment
Days of Vacation
After the first 6 months of continuous
employment.
6 days of credit.
Second six month of continuous
service
5 days additional credit.
2 years through 5 years
11 days per year.
6 years through 11 years
16 days per year
12 years through 19 years
21 days per year
30 years and thereafter
22 days per year
3. Division managers and equivalent positions, consisting of
those individuals designated as such on the annual salary
ordinance, shall accrue annual vacation in accordance with the
following schedule:
Years of employment
Days of Vacation
After the first 6 months of continuous
em loyment
8 days of credit
2° 6 months of continuous
employment
8 days additional
2 years through 5 years
16 days per year
6 years through 11 years
21 days per year
12 years and thereafter
22 days per year
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follows:
4. The police chief, fire chief and those individuals designated
on the annual salary ordinance as directors shall accrue 22 days of
vacation per year. Such accrual shall be credited on a semi-
monthly basis with each employee's paycheck, except as provided
above. The rate of accrual shall be reflected by a credit equal to
the proportionate share of vacation earned for the period.
B. Employees are encouraged to use their accumulated
vacation time within the year in which it is accrued. Vacation
accruals of up to one year's accumulation may be carried over
from one year to the next. Employees who give notice of
retirement within 24 months are authorized to accumulate two
years accrual at any time prior to retirement.
C. Vacation schedules must be submitted by each department
not later than March 1 of each year.
D. Any employee whose service is honorably terminated after
the completion of six months of continuous service shall be paid
for any vacation time accumulated prior to the effective date of
termination.
Section 2. ECC 2.35.040 Compensating time is hereby amended to read as
2.35.040 Compensating time.
When work beyond regular hours is required of an employee of the
City (excluding those employees designated as exempt from this
benefit on the annual salary schedule) compensating time off may
be allowed as City requirements permit, subject to the following
requirements:
A. Nonexempt employees, on their request and at the City's
option, may be permitted to take compensating time off at the
overtime rate of one and one -half times the actual overtime worked
in lieu of payment; provided, that such employees may not
accumulate more than 40 hours of compensating time and any
compensating time off must be used within the 12 -month period
following the date on which overtime is earned.
B. All exempt employees other than those excluded by the
annual salary ordinance (see paragraph E. below) shall receive
compensatory time for night meetings, emergency call outs, and
other similar periods for which they are required by their
supervisor to work: Compensating time shall not be earned for
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short extensions of regular work hours less than one hour in length,
such as staying late or coming in early. Compensatory time for
such exempt employees shall be earned at the straight time rate,
one hour of compensatory time earned for each hour worked. The
measurement of such time shall be in accordance with the Mayor's
administrative policies. Commencing January 1, . 1990 such
exempt employees shall be allowed to accumulate up to a
maximum of 40 hours of compensatory time during any calendar
year. The terms of use shall be as established by the Mayor's
administrative policy. If an employee earns additional
compensatory time after he or she has accumulated'the maximum;
then the employee must either be paid for the additional time or
provided time off during the next pay period.
C. Compensating time shall be taken at the convenience of the
City. All compensating time must be recorded and then approved
by the employee's supervisor and /or department head.
D. Upon termination no exempt employees shall be paid for
unused compensatory time unless time has been earned in .excess
of the 40 -hour maximum. Nonexempt employees shall be paid for
unused compensating time at one and one -half times the overtime
worked. However, every effort should be made to use
compensating time prior to termination. For the remainder of the
budget year 2004, the positions excluded by prior ordinance ECC
2.35.040(A) shall not be entitled to compensating time off.
E. Employees designated as exempt from this compensating
time provision shall receive a monthly salary as designated on the
annual salary ordinance. Their presence or absence from the
regular work schedule shall be reviewed in terms of the
employee's overall performance in accordance with the Mayor's
administrative policies and the City personnel rules.
Section 3. ECC 2.35.090 Conflict is hereby amended to read as follows:
2.35.090 Conflict.
A. In the event that any provision of this Chapter 2.35 ECC or
any provision of this ECC Title II shall conflict with any provision
of an employment contract or collective bargaining agreement
approved by the City Council, such contract or agreement shall
prevail. In no event shall any employee be entitled to claim greater
benefits under this chapter than those provided for by a collective
bargaining agreement or employee contract covering said
individual's employment.
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B. It is understood that in order to attract experienced
personnel, the City may be required to authorize deviations from
the benefits established by this Title or through the City's
personnel manual. During the course of any budget year, the
Mayor or his designee is authorized to extend offer letters to
individuals which provide for benefits greater than those to which
an entry -level employee would be entitled. The purpose of this
authorization is to permit the City to attract persons with
experience at comparable public agencies. When the Mayor, in his
discretion, believes that it is necessary to attract such individuals to
the City, benefits may be authorized which place an individual at a
higher level of benefits, such as vacation accrual, than their hire
date would otherwise indicate. Such employment offers shall be
ratified by the City Council. In the event such ratification is not
granted, the individual shall retain those benefits only for the
budget year in which they are offered. The Mayor's offer shall not
exceed the maximum imposed for employees of the classification
or job status which has been established for such benefit without
the prior written consent of the City Council. All such offers shall
be limited to and within the funds budgeted for the budget year in
which the offer is made.
Section 4. 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:
MA R Ct6kYHAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H CqY ATTORNEY:
BY
W. SCOTT SNYDER
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FILED WITH THE CITY CLERK: 06/11/2004
PASSED BY THE CITY COUNCIL: 06/15/2004
PUBLISHED: 06/20/2004
EFFECTIVE DATE: 06/25/2004
ORDINANCE NO. 3505
{WSS571959.DOC;1 /00006.900000/} - 6 -
SUMMARY OF ORDINANCE NO. 3505
of the City of Edmonds, Washington
On the 15th day of June, 2004, the City Council of the City of Edmonds, passed
Ordinance No. 3505. 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 ECC 2.35.030 VACATIONS, 2.35.040 COMPENSATING TIME AND
2.35.090 CONFLICT IN ORDER TO BETTER COORDINATE BENEFITS WITH THE
ANNUAL SALARY ORDINANCE AND CHANGING JOB TITLES, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of June, 2004.
CITY CLERK, SANDRA S. CHASE
{WSS571959.DOC;1 /00006.900000/} - % -
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
+ SUMMARY OF ORDINANCE NO. 3505
of the City of mon s, as i gton
On the 15th day of June, 2004, the City Council of the City
of Edmonds, passed Ordinance No. 3505. 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 PROVISIONS OF ECC 2.35.030 VA-
CATIONS, 2.35.040 COMPENSATING TIME AND 2.35.096
I�RFCTZ`T IN ORD INATE,BENE-
FMS-WfTH THE ANNUAL SALARY ORDINANCE AND
CHANGING JOB TITLES, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of June, 2Q04.
CITY t"`ERK, SANDRA S. CHAE'•F'
Published: June 20, 2004.
RECEIVED
JUL 0 12004
EDMONDS CITY CLERK
Affidavit of Publication
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. 3505
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 20, 2004
and that said
Subscribed and
day of
was regularly distributed to its subscribers during all of said period.
Notary Public in and for the
County.
me this
Account Name: City of Edmonds Account Number: 101416
21st
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OF WASN�_ °=
Order Number: 0001179197