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In the case of an emergency, the Executive Director shall have the authority to issue a <br />determination of emergency under applicable law. The Executive Director shall <br />communicate to the Board of Directors each decision made pursuant to any emergency <br />determination as soon as reasonably possible and shall issue a written finding of the <br />existence of the emergency no later than two weeks following the award of any contract <br />executed pursuant to the emergency determination. <br />8.0 PSERN OPERATOR EMPLOYMENT <br />8.1 Employees Generally <br />The Board of Directors shall require the PSERN Operator to comply with all applicable <br />federal, state and local laws, ordinances and regulations pertaining to all current and <br />future ernployees. In addition, the PSERN Operator shall be an equal opportunity <br />employer and make reasonable efforts to maintain a diverse work force. <br />8.2. Employment of Current Regular Employees <br />8.2.1 Offer of Employment <br />8.2.1.1 As of the Effective Date of this Agreement, there are 3.0 FTE City <br />of Seattle employees and 8.0 FTE King County employees who are <br />employed to primarily work on KCERCS infrastructure and whose job <br />duties will be assumed by the PSERN Operator after FSA ("Qualified <br />Employees"). It is the intention of the Parties that each of those Qualified <br />Employees have the option of working for the PSERN Operator and that <br />the PSERN Operator and the County and City of Seattle will work <br />cooperatively to transition the employees who accept such option to work <br />for the PSERN Operator on a schedule that does not adversely impact <br />public safety functions prior to FSA. <br />8.2.1.2 Directly Hired Employees <br />If the Board of Directors determines that PSERN Operator staff shall be <br />directly hired by the PSERN Operator and to implement the intent of <br />Section 8.2.1., then no later than the date to be set by the Board of <br />Directors, the PSERN Operator will offer employment to each of the <br />Qualified Employees for similar employment with the PSERN Operator. <br />The offer shall remain open for no more than thirty (30) days unless <br />otherwise determined by the Board of Directors. Each Qualified Employee <br />who accepts the offer shall become a "Transferring Employee." The <br />PSERN Executive Director shall use best efforts to ensure each <br />Transferring Employee a smooth and prompt transition to employment with <br />the PSERN Operator. <br />The Board of Directors shall require the PSERN Operator to use its best <br />efforts to offer the Transferring Employees opportunities for professional <br />advancement and a package of employee benefits that are similar to the <br />Page 13 <br />