HomeMy WebLinkAbout01-09-2023 City Council Study SessionCity Council Study Session Finance,
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J anuary 9, 2023 - 5:30 P M
City Hall Council Chambers
A GE NDA
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I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The A uburn City Council Study Session Meeting scheduled for Monday, J anuary 9,
2023 at 5:30 p.m. will be held in person and virtually.
Virtual Participation L ink:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
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To listen to the meeting by phone or Zoom, please call the below number or click the
link:
Telephone: 253 215 8782
Toll F ree: 877 853 5257
Zoom: https://us06web.zoom.us/j/89435420919
B .Roll Call
I I I .A G E ND A MO D I F I C AT I O NS
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .A d-Hoc Council Vacancy Committee Presentation (Council)
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6889 (Martinson)
A n Ordinance amending S ection 2.03.020 of the Auburn City Code (A C C) related to
the salary and employment benefits for the City Mayor position
Page 1 of 16
B .Ordinance No. 6890 (Martinson)
A n Ordinance amending and repealing certain S ections within A rticles I I and I I I of
A uburn City Code (A C C) Chapter 2.63 related to vacation, leave and insurance
coverage for City employees, and adding new Sections to A C C Chapter 2.63 related
to employee leave
V I .A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 16
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6889 (Martinson)
Date:
January 5, 2023
Department:
Human Resources
Attachments:
Ordinance No. 6889
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Ordinance No. 6889 relocates the City Code language in ACC 2.63.120 and 2.63.160
pertaining to vacation and leave for the City Mayor into ACC 2.03, the City Code chapter
pertaining exclusively to the City Mayor position.
Background Summary:
Sets forth the current practices of setting the City Mayor’s salary, and moves the Mayor's
leave provisions from other sections of City Code to the section that applies specifically to
the Mayor. Human Resources and Risk Management are updating sections of the City Code to
reflect current practices and procedures.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Martinson
Meeting Date:January 9, 2023 Item Number:
Page 3 of 16
--------------------------------
Ordinance No. 6889
November 22, 2022
Page 1 of 2
ORDINANCE NO. 6889
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 2.03.020
OF THE AUBURN CITY CODE (ACC) RELATED TO THE
SALARY AND EMPLOYMENT BENEFITS FOR THE CITY
MAYOR POSITION
WHEREAS, ACC 2.03.020 sets forth the manner in which the City Mayor’s salary
is established;
WHEREAS, the language in that ACC section no longer matches current City
policy or practices related to establishing the Mayor’s salary;
WHEREAS, vacation and sick leave provisions specific to the Mayor are located
elsewhere in the City Code and should be moved into this section to consolidate the salary
and benefits code provisions that apply specifically to the Mayor; and
WHEREAS, other language within ACC 2.03.020 should be updated for clarity and
precision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment of City Code section. Auburn City Code sections
2.03.020 is hereby amended to read as set forth as follows:
ACC 2.03.020 Mayor’s Ssalary and leave 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 Chapter 2.08. on an annual basis through the adoption of the
yearly budget ordinance.
B. Leave benefits. The Mayor shall be entitled to accrue the leave
benefits available to other City employees set forth in City policy, except
that due to the demands and responsibilities of the position, the Mayor’s
vacation leave accrual shall be unlimited, and the Mayor shall be
Page 4 of 16
--------------------------------
Ordinance No. 6889
November 22, 2022
Page 2 of 2
authorized to receive payment for any unused accrued sick leave upon
leaving office.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. 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 4. 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.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 5 of 16
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6890 (Martinson)
Date:
January 5, 2023
Department:
Human Resources
Attachments:
Ordinance No. 6890
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Ordinance No. 6890 repeals ACC 2.63 sections providing for City employee vacation
benefits, allowing City administration to provide and regulate those benefits according to City
administrative policy. This Ordinance also updates City code sections regarding employee
leave to conform to State Law and City practice.
Background Summary:
Provide for vacations within the City's policies. Sections of ACC 2.63 have been repealed.
Additional updates to ACC 2.63 are to bring the code into compliance with State Law and City
practice. Additional updates have been made for clarity to ensure that they are consistent with
State Law and City practice.
Human Resources and Risk Management have been reviewing revisions to the City Code to
make sure that they are in compliance with State Law and City practices. The revisions of
ACC 2.63 allows us to be in compliance.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Martinson
Meeting Date:January 9, 2023 Item Number:
Page 6 of 16
--------------------------------
Ordinance No. 6890
November 23, 2022
Page 1 of 3 Rev. 2019
ORDINANCE NO. 6890
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING AND REPEALING
CERTAIN SECTIONS WITHIN ARTICLES II AND III OF
AUBURN CITY CODE (ACC) CHAPTER 2.63 RELATED TO
VACATION, LEAVE AND INSURANCE COVERAGE FOR
CITY EMPLOYEES, AND ADDING NEW SECTIONS TO
ACC CHAPTER 2.63 RELATED TO EMPLOYEE LEAVE
WHEREAS, Articles II and III of ACC Chapter 2.63 provide for vacation, leave
benefits and insurance coverage for City employees;
WHEREAS, employee vacation benefits are not legally required, and it is more
appropriate to provide vacation benefits to City employees through the City’s adopted
employee vacation benefits policies. Accordingly, sections within Article II of ACC 2.63
pertaining to employee vacation should be repealed;
WHEREAS, several other sections within Articles II and III of ACC 2.63 require
revision and/or repeal to bring the ACC chapter into compliance with changes to State
law and City practice that have occurred since their enactment;
WHEREAS, other revisions to these ACC 2.63 Articles should be made for clarity
and precision, and to ensure that they are otherwise consistent with City policies and
practices related to employee leave.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment of City Code sections. Auburn City Code sections
2.63.160, .165, .170, .180, and .190 within Article II of ACC 2.63 are hereby amended to
read as set forth in Exhibit A attached to this Ordinance.
Page 7 of 16
--------------------------------
Ordinance No. 6890
November 23, 2022
Page 2 of 3 Rev. 2019
Section 2. Repeal of City Code sections. Auburn City Code sections
2.63.060, .110, .113, .120, .130, .140, .150, .155 and .162 are hereby repealed.
Section 3. New sections to City Code. New sections 2.63.161 (pertaining to
employee sick leave) and 2.63.195 (pertaining to other forms of City employee leave) are
hereby adopted and added to the City Code, to read as set forth in Exhibit A attached to
this Ordinance.
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 5. 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.
Page 8 of 16
--------------------------------
Ordinance No. 6890
November 23, 2022
Page 3 of 3 Rev. 2019
Section 6. 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.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 9 of 16
EXHIBIT A—ORD. 6890
ACC 2.63.060 Definitions.
In construing the provisions of this article, the following definitions shall apply:
A. “Duty shift” means a 24-hour workday and refers to those persons of the fire
department whose working days consist of a 24-hour shift.
C. “Full-time employee” means any person occupying a position budgeted by the city
on a wage or salary basis who devotes full time to their job during working hours, on a
year round basis.
D. “Part-time employee” means any person employed by the city who devotes only a
part of their time during working hours to the service of the city, or who spends full time
during working hours for the city, but is hired on the basis of less than year-round
employment.
E. “Years’ continuous service” shall not mean a calendar year but shall be computed on
the basis of units of 12 consecutive calendar months of service which have fully accrued
prior to the commencement of the leave period.
ACC 2.63.110 Vacation – Longevity leave time – General employees.
Full-time employees of the city, excluding employees designated in ACC 2.63.113 and
excluding employees covered by a collective bargaining agreement, shall be entitled to
vacation – longevity leave time according to the following schedule:
From zero years through four full years of continuous service, 12 days per year;
Starting in the fifth year through nine full years of continuous service, 15 days per year;
Starting in the tenth year through 14 full years of continuous service, 18 days per year;
Starting in the fifteenth year through 20 full years of continuous service, 20 days per
year;
More than 20 full years of continuous service, 22 days per year.
Page 10 of 16
ACC 2.63.113 Vacation – Longevity leave time – Department directors.
A. The following designated employees, hereinafter referred to as department directors,
shall accrue vacation – longevity leave time at the rate of 20 days per year: The
department directors listed in ACC 2.03.040(A).
B. Longevity leave to the employees designated herein shall accrue as follows:
1. During the first calendar year of employment with the city, each of the above-
designated department directors would be entitled to a block of up to 20 days of
vacation – longevity leave. The actual number of days shall be computed based upon
the date on which the above-listed department directors commenced employment with
the city;
2. During the second year of employment with the city and each year thereafter, each
department director will accrue vacation – longevity leave on a monthly basis, to a
maximum of 20 days per year.
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
of the office and the responsibilities pertaining thereto, the mayor of the city shall not be
subject to the aforementioned provision and shall be authorized to accumulate unlimited
annual leave at their discretion. 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.
Page 11 of 16
ACC 2.63.130 Vacation – Payment in lieu of.
Payment for up to five days of accrued and unused vacation leave may be made to an
employee upon approval of their department head and the mayor, where the employee
was not able to take all of their accrued annual vacation leave during the year
authorized.
ACC 2.63.140 Vacation – Scheduling.
Vacations shall be taken at a time mutually agreed upon between the department head
and the employee. Department heads shall take their vacations at a time mutually
agreed upon between themselves and the mayor. The minimum vacation allowance to
be taken by an employee shall be one hour even increments or one duty shift for fire
department employees.
ACC 2.63.150 Vacation – Other than full-time employees.
Part-time personnel who are regularly employed shall be entitled to vacation leave
allowances in proportion to hours worked, except that no part-time employee who does
not work at least 20 hours per week and for 10 consecutive months from the beginning
of employment shall be eligible for vacation allowances. Workmen on a daily wage
basis, engaged or working upon detached or independent pieces of construction work,
temporary in character, of the class which may be done by contractor to the lowest
bidder, but which the city council has determined shall be done by day labor, shall not
be entitled to the vacation allowances provided by this article.
ACC 2.63.155 Vacation – Bonus days for unused sick leave.
All full-time nonaffiliated city employees who use no sick leave during any calendar
year, will be entitled to two bonus vacation days during the following calendar year. All
full-time nonaffiliated employees who use only one or two sick leave days during any
calendar year will be entitled to one additional bonus vacation day during the following
calendar year.
Page 12 of 16
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.
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%
Page 13 of 16
Upon Completion of Years of Service Percent of Accrued Unused Sick Leave
5 through 14 years 25%
15 through 24 years 50%
25 years and over 100%
This section shall not apply to employees hired on or after January 1, 1985; provided,
however, due to the demands of the office and the responsibilities pertaining thereto,
the mayor of the city shall be authorized to receive payment for 100 percent of accrued
unused sick leave upon leaving office.
[NEW SECTION] ACC 2.63.161 Sick leave for City employees
A. Sick leave for City employees subject to RCW 49.46.
1. Employees shall be entitled to accrue a minimum of 1 hour of paid sick leave for
every 40 hours worked as an employee.
2. Employees shall be entitled to use sick leave for the purposes specified in RCW
49.46.210 and other applicable law. Employee sick leave accrual, use and verification
shall be managed in accordance with City administrative policies and procedures.
3. Up to 40 hours of employee accrued sick leave that is unused in a calendar year will
carry forward to the next calendar year.
B. Sick leave for City employees exempt from RCW 49.46. The accrual, use, carryover
and other provisions related to sick leave for City employees exempt from RCW 49.46
shall be as set forth in City administrative policies and procedures.
C. Any employee that falsifies or misrepresents sick leave usage may be subject to
discipline up to and including dismissal at the discretion of the mayor.
Page 14 of 16
ACC 2.63.162 Payment for accumulated sick leave.
Retroactive to January 1, 1983, Auburn city employees accumulating in excess of 960
hours sick leave during a calendar year will be paid 25 percent of said accumulated and
unused sick leave during January of the following calendar year.
ACC 2.63.165 Bereavement leave.
Employees shall be allowed up to 3 three days of’ paid leave with pay following a for
death in the employee’s immediate family upon approval of the department head.
For purposes of this section, “Iimmediate family” includes only the employee’s parents
(or parents-in-law), father or father-in-law, mother or mother-in-law, spouse, siblings (or
siblings in law), grandparents (or grandparents in law), brother, sister or children
(including stepchildren), and grandchildren. of the employee. Sick leave will be charged
if the employee is off the job exceeding three days. Leave under this section shall be in
addition to family leave defined and available pursuant to RCW 50A.05.
Employee eligibility and use of leave under this section shall be managed in accordance
with City administrative policies and procedures.
ACC 2.63.170 Leave to perform civil duties.
Department Directors may allow employees leave as needed Any necessary leave may
be allowed by the head of the department to permit any employee to serve on as a
member of a jury or to exercise their other civil duties. Employee leave under this
section shall be managed in accordance with City administrative policies and
procedures. Each employee who is granted sick leave and who, for the performance of
the civil duties involved, receives any compensation shall be paid by the city for the time
they is absent only in the amount of their salary less the compensation received.
ACC 2.63.180 Military leave.
Employees may be allowed mMilitary leave, subject to the requirements of as provided
in RCW 38.40.060, and City administrative policies and procedures. over and above
annual vacation or sick leave, may be allowed any employee who is a member of the
National Guard or reserve corps. The employee shall be paid their regular salary from
the city for the period of their military leave.
Page 15 of 16
ACC 2.63.190 Leave without pay and unauthorized absences.
Except as otherwise provided in RCW 41.12.130, Nno employee shall be granted leave
without pay will be granted an employee until the employee has first used all available
and appropriate forms of paid leave. taken advantage of all their usable earned
vacation credits, and such lEmployees may not use leave without pay will not be
granted for the purpose of the employee gaining personal advantage or profit.
[NEW SECTION] ACC 2.63.195 Other forms of leave at City Discretion –
Article not applicable to collective bargaining agreements.
A. The City may provide employees with other forms of paid leave. Unless otherwise
provided by law, employee entitlement to and use of any such other leave types shall be
administered in accordance with City administrative policies and procedures.
B. Unless otherwise required by law, the provisions of this Article shall not apply to or
affect the terms of any collective bargaining agreement in effect between the City and
the members of a collective bargaining unit.
ACC 2.63.200 Insurance coverage for City employees. Generally.
The city shall provide insurance coverage for its employees as required by law and in
accordance with City administrative policies and procedures. pay the costs of
premiums for:
A. Employee accident insurance covering each employee, officer and official of the city
for an amount not to exceed $100,000 each, payable to the beneficiary named by the
insured, while traveling on city business authorized by a competent authority;
B. Policies of insurance insuring the chief of police and all duly commissioned police
officers of the city against false arrest;
C. Policies of insurance insuring city officials and employees while driving city vehicles
operating in any municipal capacity against liability for bodily injury and property
damage resulting from said operation.
Page 16 of 16