HomeMy WebLinkAbout6907 ORDINANCE NO. 6907
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE SALARY
AND EMPLOYMENT BENEFITS OF THE CITY MAYOR
POSITION, AMENDING AUBURN CITY CODE SECTIONS
2.03.020, 2.63.120 AND 2.63.160, AND PROVIDING (IN A
NON-CODIFIED SECTION) EMPLOYMENT BENEFIT
PAYMENT TERMS FOR THE CURRENT CITY MAYOR
WHEREAS, in February 2023, the City Council reviewed Auburn City Code (ACC)
provisions related to employment benefits provided to City employees, including the
Mayor;
WHEREAS, during this review the Council identified ACC sections related to the
salary and employment benefits for the City Mayor position that it wished to study further.
The Council formed a three councilmember ad hoc committee (Committee) to undertake
this study;
WHEREAS, the Committee studied the manner in which the City Mayor's salary is
established through the City's independent salary commission (ISC) in ACC 2.08. The
Committee also compared the City Mayor position's non-salary benefits, set forth in ACC
2.63 and City policies, with the benefit provisions for other City employees;
WHEREAS, the Committee's study revealed that combined language of ACC
sections and City policies related to non-salary benefits for the City Mayor position
provided the City Mayor position with unlimited vacation leave accrual, and the ability to
receive payment for 100% of accrued vacation and sick leave hours upon separation from
City employment. This combined language resulted in a significant cost to the City and
employment benefits for the City Mayor position unavailable to other City employees;
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WHEREAS, following its study, the Committee reported its findings and
recommendations to the Council on April 17, 2023. The Committee's report included
recommendations that the Council do the following:
(1) revise ACC 2.08.020 to clarify the City ISC's purpose in setting the City
Mayor position's salary;
(2) amend ACC 2.03 to establish a vacation leave accrual rate, cap, and
associated payment for the City Mayor position;
(3) amend ACC 2.03 to provide for an unused sick leave accrual rate, cap, and
associated payment schedule based on City Mayor years of service; and
(4) provide for payments of accrued leave to current City Mayor Nancy Backus,
with the recommended City Code changes.
WHEREAS, the Council considered and adopted the Committee's findings and
recommendations. By motion at its April 17, 2023 meeting, the Council directed the
drafting of this Ordinance to amend applicable ACC sections related to the City Mayor
position's salary and employment benefits, and to provide for benefit payment terms
applicable to the current City Mayor;
WHEREAS, upon recommendation of staff, following the April 17, 2023, meeting,
the Committee recommended the Ordinance permit City Mayor Nancy Backus to freeze
her accrued vacation and sick leave at her current rate of pay, and to receive payment
for any remaining frozen leave at the conclusion of her term payable at her rate of pay in
effect as of the effective date of this Ordinance;
WHEREAS, the Council finds this Ordinance is an extension of the Council's fiscal
stewardship of City's funds by bringing the non-salary benefits afforded to the City Mayor
position in line with neighboring jurisdictions and tenets of responsible budgeting;
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WHEREAS, the Council finds that applicable provisions of ACC 2.03 and 2.63
should be further revised to ensure precision and clarity, consistent with the purpose and
intent of this Ordinance;
WHEREAS, the Council further finds that the passage of this Ordinance is in the
best interest of the City and its employees by bringing the non-salary benefits for the City
Mayor position more in line with those for unaffiliated City staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows: .
Section 1. Amendment of City Code section 2.03.020. Auburn City Code
section 2.03.020 is hereby amended to read as set forth in Exhibit A attached to this
Ordinance.
Section 2. Amendment of City Code sections 2.63.120 and 2.63.160.
Auburn City Code sections 2.63.120 (related to the accumulation of City employee
vacation leave hours), and 2.63.160 (related to sick leave hours for City employees) are
hereby amended to read as set forth in Exhibit B attached to this Ordinance.
Section 3. Payment to current City Mayor for accrued leave hours. To
coincide with the City Code amendments in Sections 1 and 2 of this Ordinance, the
Council, as a result of City Mayor Nancy Backus's request, directs that the current City
Mayor Nancy Backus receive the following from the City:
a. Payment for accrued unused vacation leave hours. Upon the
effective date of this Ordinance, the Mayor's unused accrued vacation leave hours
shall be frozen. Such frozen vacation leave may be used at the request of Mayor
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Backus during the remainder of her current term as Mayor with the City or cashed
out to Mayor Backus in a final paycheck issued no later than January 8, 2026, at
her salary rate in effect as of the effective date of this Ordinance. The
Administration shall track the Mayor Backus's frozen vacation leave balance and
ensure that it is not commingled with her active vacation leave balance that will
begin to accrue following the passage of this Ordinance in accordance with Auburn
City Code section 2.03.020, as amended by this Ordinance. This frozen accrued
vacation leave is subject to the optional annual payout set out in Auburn City Code
section 2.03.020(B)(1)(b)(i), as amended by this Ordinance, provided any payout
of the contents of the frozen vacation leave bank balan)ce shall occur at the Mayor's
salary rate in effect as of the effective date of this Ordinance.
b. Payment for accrued unused sick leave hours. Upon the effective
date of this Ordinance, the Mayor's unused accrued sick leave hours shall be
frozen. Such frozen sick leave may be used at the request of Mayor Backus during
the remainder of her current term as Mayor with the City or cashed out to Mayor
Backus in a single paycheck issued no later than January 8, 2026, at her salary
rate in effect as of the effective date of this Ordinance. The Administration shall
track the Mayor Backus's frozen sick leave balance and ensure that it is not
commingled with her active leave balance that will begin to accrue following the
passage of this Ordinance in accordance with Auburn City Code section 2.03.020,
as amended by this Ordinance. This frozen accrued sick leave is further exempt
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from the optional annual payout set out in Auburn City Code section
2.03.020(B)(2)(b)(i), as amended by this Ordinance.
This Ordinance Section 3 shall not be codified for inclusion in the Auburn City
Code.
Section 4. Modified Accrual Rates and Payout Provisions for Mayor Nancy
Backus for the remainder of her current term. To coincide with the City Code
amendments in Sections 1 and 2 of this Ordinance, the Council, as a result of City Mayor
Nancy Backus's request, directs that current City Mayor Nancy Backus receive the
following accruals from the City as an intentional deviation from the amendments set out
in Sections 1 and 2 of this Ordinance as set forth in this Section 4:
a. Upon the effective date of this Ordinance and until the end of her current
term on December 31, 2025, the Mayor shall accrue vacation leave at the rate of seven
(7) hours per pay period up to a maximum total accrual of three hundred and sixty four
(364) hours and shall be entitled to payment for unused accrued vacation leave hours in
accordance with the terms of ACC 2.03.020 as amended herein. This provision applies
solely to Mayor Nancy Backus for the duration of her current term (ending on December
31, 2025) and does not apply to any future Mayors, any future terms by Mayor Nancy
Backus, or any individual that may serve the remainder of this current term in the place
of Mayor Nancy Backus.
b. Upon the effective date of this Ordinance and until the end of her current
term on December 31, 2025, the Mayor shall accrue sick leave in accordance with the
terms of ACC 2.03.020 as amended herein and shall be entitled to payment of one
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hundred (100%) percent of accrued hours up to the maximum of nine hundred and sixty
(960) hours at the conclusion of her current term (December 31, 2025), provided payment
shall occur at the salary rate in effect at the time of the payout. This provision applies
solely to Mayor Nancy Backus for the duration of her current term (ending on December
31, 2025) and does not apply to any future Mayors, any future terms by Mayor Nancy
Backus, or any individual that may serve the remainder of this current term in the place
of Mayor Nancy Backus.
This Ordinance Section 4 shall not be codified for inclusion in the Auburn City
Code.
Section 5. Implementation. The Mayor is authorized and directed to
implement those administrative procedures consistent with and necessary to carry out
the directives of this legislation.
Section 6. Agreement. The Deputy Mayor is authorized and directed to
execute the Agreement consistent with this legislation.
Section 7. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 8. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
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INTRoDucEDAJN 0 5 2023
PASSED: JUN 0 5 2023
APPROVED: JUN 0 5 2023
a . -
NANCY , MAY•R
ATTEST: APPROVED AS TO FORM:
2 A AzA. (Nneei,t
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PublishedA)Vn (1)3 /2.0/9-) \`11 -wle &oat Iir1\ 1/4(
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EXHIBIT A-ORD. NO. 6907
ACC 2.03.020 Mayor's Ssalary, leave and benefits.
A. Salary. The City Mayor's salary for the office of the mayor shall be established by
the City's Independent Salary Commission in accordance with ACC 2.08. on an annual
B. Leave and benefits.
1. Vacation leave.
a. Accrual of vacation leave. Vacation leave for the Mayor shall accrue at the following
rates (based on years served as the City Mayor), up tom a maximum total accrual of
364 hours:
Years served as City Mayor: _ Vacation leave accrual rate:
Start date-4 years 96 hours •er ear
5-9 years 120 hours per year
10-14 years 144 hours per year
15-19 years 168 hours •er ear
20-24 years 192 hours •er ear
25th year + 208 hours per year
b. Payment for unused accrued vacation leave hours.
(i) Each calendar year, the Mayor shall have the option to receive payment (at then
current salary rate) for up to 80 hours of unused accrued vacation leave hours. The
Mayor may elect to receive this payment as a deferred compensation account
contribution.
(ii) The Mayor shall be entitled to receive payment (at then current salary rate) for any
unused accrued vacation hours up to the 364 hour accrual limit upon conclusion of
service as the City Mayor.
2. Sick leave.
a. Accrual of sick leave. Sick leave for the Mayor shall accrue at the rate of 8 hours per
month, for a maximum total accrual of 960 sick leave hours.
b. Payment for unused accrued sick leave hours.
(i) By December 31 of each calendar year, the Mayor shall have the option to receive
payment (at then current salary rate) for 25% of any sick leave hours accrued during
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that year that exceed the 960 hour maximum. Payment shall be made by January 31
the following calendar year.
(ii) The Mayor shall be entitled to receive payment (at then current salary) for unused
accrued sick leave hours up to the maximum cap of 960 hours at the conclusion of
service as Mayor. -Such payment shall be made according to the following schedule,
based on years served as the City Mayor:
Years of City Mayor service: % of accrued sick leave hours to be
paid:
0-4 0% of accrued hours
5-14 25% of accrued hours
15-24 50% of accrued hours
25+ 100% of accrued hours
3. Other leave and benefits. The Mayor shall be entitled to receive other forms of leave
or benefits required by law or generally available to other City employees. The use and
management of such other leave or benefits shall be in accordance with applicable law
and City policies and procedures.
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EXHIBIT B-ORD. 6907
ACC 2.63.120 Vacations -Accumulation
Vacations of employees shall not ordinarily be accumulative, except where the
department head finds that there are special circumstances justifying an extended
vacation, they may authorize the employee to accumulate up to five days or two duty
shifts for fire department employees of unused vacation leave each year for the purpose
of extending the employee's annual vacation period in the year following, but in no
event shall an employee not subject to a collective bargaining agreement accumulate
more than that which would be earned in two years at the employee's accrual rate. Any
vacation leave accumulated in excess of this amount shall be automatically removed
from the employee's vacation balance by the finance department. Due to the demands
- • - - - - e. - .e •. In the event that a collective bargaining agreement is
silent on the issue of vacation accumulation, then accumulation shall be limited to a
maximum of one year annual vacation leave plus five days additional unused and
accrued vacation leave carried over from a previous year or two duty shifts for fire
department employees working shift work.
ACC 2.63.160 Sick leave - Employees hired before January 1, 1985.
This section applies only to City employees hired before January 1, 1985.
A. All full-time employees of the city, except those covered by a union agreement, shall
be entitled to sick leave when they are incapacitated for the performance of their duties
by reason of sickness or injury or when, through exposure to contagious disease, the
presence of the employee would jeopardize the health of others. Such sick leave shall
be at the rate of eight hours for each calendar month of employment and if not used
shall accumulate to a maximum of 960 hours, exclusive of the ordinary vacation time of
the employee.
B. Sickness shall be reported at the beginning of any period of illness to the department
as soon as practically possible.
C. A doctor's certificate will be furnished at the discretion of the department head or
personnel director whenever an employee claims sick leave for the protection of the
employee and fellow employees.
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D. Part-time employees shall not be entitled to sick leave unless approved by the
mayor.
E. An employee shall be allowed up to three days' sick leave for illness in the
immediate family that requires their presence, upon the approval of the department
head. Immediate family includes under this caption only father, mother, spouse or
children of the employee.
F. Any employee found to have abused the sick leave privilege by falsification or
misrepresentation may be subject to dismissal at the discretion of the mayor.
G. In the case of injury or illness which is covered by industrial insurance, an amount of
sick leave may be used to pay the difference between industrial insurance, workman's
compensation and the employee's regular rate of pay and no combination of payments
received added to sick leave will exceed the regular rate of pay.
H. No portion of this article regarding sick leave shall conflict with or cancel rules and
regulations set by the civil service commission as it pertains to the fire and police
department.
I. Upon termination shall be reimbursed at the current rate of pay for unused accrued
sick leave up to a maximum of 960 hours in accordance with the following schedule
based on continuous years of service:
Upon Completion of Years of Service Percent of Accrued Unused Sick Leave
0 through 4 years 0%
5 through 14 years 25%
15 through 24 years 50%
25 years and over 100%
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