Ordinance 37220006.90000
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ORDINANCE NO. 3722
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
2.36.020 TO ELIMINATE DISTINCTIONS BETWEEN
VOLUNTARY AND INVOLUNTARY SERVICE AND THE
PROVISION OF BENEFITS, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, in 2001 and 2002, the City enacted and amended provisions relating
to involuntary military service to provide for the payment for sixty (60) days of the difference
between the employee's regular wage and monetary compensation provided to the employee for
military service, as well as an extension for ninety (90) days of insurance benefits in order to
lessen the impacts of involuntary service upon City employees; and
WHEREAS, federal law, specifically 43 USC 4311(a) to prohibit discrimination
between persons who apply for or are required to perform military service and the extension of
benefits; and
WHEREAS, in order to comply with federal law, the City hereby expands the
provisions of Section 2.36.020 to provide equivalent benefits to individuals who enlist for
military service; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
Section 1. Section 2.36.020 of the Edmonds City Code relating to City benefits
applicable during periods of military service is hereby amended to read as follows:
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2.36.020 Military service.
A. Subject to the provisions of subsections B through G of this
section, every city employee who is called to active duty or enlists
for duty in the Washington National Guard, or in the Army, Navy,
Air Force, Coastguard or Marine Corps of the United States of
America shall be entitled to receive from the City, commencing on
the first day the employee reports for active duty, or the first day of
duty after expiration of accrued leave [see subsection (4) below]
and continuing for the period specified below, or until the
employee's discharge from service, whichever first occurs:
1. For sixty (60) days, the difference, if any, between the
employee's regular salary or wages, fixed as of the last day of
service rendered to the City prior to reporting for active duty, and
the military compensation paid to the employee for the employee's
military service, inclusive of housing and food allowances and
other similar expenses; and
2. For ninety (90) days, following the expiration of leave
provided for in subsection (A)(1) of this section: medical, dental
and vision benefits for the employee and the employee's
dependents, at the same level as provided to the employee and the
employee's dependents as of the last day of service rendered to the
City prior to reporting for active duty. To the extent consistent
with plan documents, the employee may continue to participate in
the MEBT plan for so long as the employee receives eligible
compensation salary under Section A(1) or through the use of
accrued leave.
3. An employee shall be entitled to utilize the total of the
benefits set forth in this section once within any five (5) calendar
year period. The five year period shall commence on the first day
such benefit(s) are used.
4. An employee may utilize vacation, compensatory time and
other forms of accrued leave for eligible for use in accordance with
the terms of, and limitations on the use of, such accrued leave,
prior to or in conjunction with the use of military leave, in order to
supplement or extend the benefits created by this chapter. Use of
such benefits shall result in an adjustment of time limits for
military leave to reflect the usage of accrued leave.
B. In order to qualify for the compensation in benefits
provided under subsection (A) of this section, an employee who is
involuntarily called to, or enlists in active military service must
execute an agreement obligating the employee to return to work at
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the City upon completion of active duty and within the
employment rights period established by federal law. The
agreement shall provide that if the employee fails to return to city
employment during the time period prescribed by law, the
employee shall be obligated to reimburse the city for all
compensation and benefits that are paid under this section.
C. In order to receive the compensation provided by sub
section (A)(1) of this section, the employee shall be required to
submit copies of his or her military pay stubs showing all
compensation received from the military during the period of
active service. The employee may submit such stubs once per pay
period but no more frequently than once every two weeks. The
City shall pay the compensation amount due under subsection
(A)(1) of this section, if any, at the time of the city's next regularly
scheduled payroll.
D. City employees who have already been involuntarily called
to military service or enlisted in military service prior to the
effective date of the amendment of this ordinance may qualify for
the compensation and benefits provided herein by signing an
agreement to return as provided in subsection (B) of this section.
In such case, the sixty (60) days of compensation and benefits and
the ninety (90) days of insurance continuation shall commence on
the date the agreement is signed.
E. During the period of military leave, the employee shall not
accrue or receive any other compensation, benefits, seniority or
any other rights whatsoever from the city except those specifically
provided for in this section and those specifically required by state
and federal law, except to the extent that additional leave accrues
through the use of accrued leave under subsection (A)(4) of this
section.
F. Use of the term "employee" in this section in order to
describe those called to military service is for convenience only
and is not intended to imply that such persons remain city
employees during the period of active duty. Upon completion of
the last day of service for the city prior to reporting for active
military service, such person is no longer a city employee for any
purpose, unless and until reemployed by the city as provided under
state and federal law.
G. Nothing herein shall be interpreted to expand the rights of
employees to return to the city beyond those granted by state and
federal law. By way of illustration and not limitation, the city
reserves its right to determine whether an employee can be
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reasonably accommodated in the event that he /she becomes
disabled, to refuse to employ an individual who is dishonorably
discharged or otherwise exercise its statutory or common law
discretion as a public employer.
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:
z Jo�—
MAYO A V TlAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CJZY AT RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01/02/2009
PASSED BY THE CITY COUNCIL: 01/06/2009
PUBLISHED: 01/14/2009
EFFECTIVE DATE: 01/19/2009
ORDINANCE NO. 3722
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SUMMARY OF ORDINANCE NO. 3722
of the City of Edmonds, Washington
On the 6th day of January, 2009, the City Council of the City of Edmonds, passed
Ordinance No. 3722. 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 2.36.020 TO ELIMINATE DISTINCTIONS BETWEEN
VOLUNTARY AND INVOLUNTARY SERVICE AND THE PROVISION OF BENEFITS,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of January, 2009.
ITY CLERK, SANDRA S. CHASE
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STATE OiF WASHINGTON,
COUNTY OF SNOHOMISH
EDM
O
SUMMARY OF ORDINANCE NO. 3722
oft a City o E moods, as ington
On the 6th day of January, 20o9, the City Council of the
City of Edmonds, passed Ordinance No: 3722. 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 2.36.020 TO
ELIMINATE DISTINCTIONS BETWEEN VOLUNTARY AND
INVOLUNTARY SERVICE AND THE PROVISION OF BEN-
EFITS, AND FIXING A TIME WHEN THE SAME SHALL BE-
COME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED thi; -; 7th day of January, 200944 .
CITY CLERK, SANDRA S. CHASE
Published: January 14, 2009.
Account Name: City of Edmonds
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
Summary of Ordinance No. 3722
Amending Provisions of ECC 2.36.020
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:
January 14, 2009
and that said newspaper was regularly distributed to, its subscribers during all of said period.
Principal Clerk
t
Subscribed and sworn to before me this 14th
day of January, 2009 ^ ,
Notary Public in and for
County.
Account Number: 101416
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