Loading...
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; Ordinance No. 6907 June 7, 2023 Page 1 of 7 10686152.1-370702-0001 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; Ordinance No. 6907 June 7, 2023 Page 2 of 7 10686152.1 -370702-0001 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 Ordinance No. 6907 June 7, 2023 Page 3 of 7 10686152.1 -370702-0001 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 Ordinance No. 6907 June 7, 2023 Page 4 of 7 10686152.1 -370702-0001 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 Ordinance No. 6907 June 7, 2023 Page 5 of 7 10686152.1 -370702-0001 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. Ordinance No. 6907 June 7, 2023 Page 6 of 7 10686152.1 -370702-0001 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( Ordinance No. 6907 June 7, 2023 Page 7 of 7 10686152.1 -370702-0001 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 10686120.1 -370702-0001 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. 10686120.1 -370702-0001 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. 10686121.1-370702-0001 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% •• e. : - • - M !: -; e e -e, e e • • me -e e - e. e te e- 10686121.1-370702-0001