HomeMy WebLinkAboutFS 2014-07-22 Item 2A - Ordinance - Update TMC Chapter 2.52 to Include 2 Unpaid HolidaysTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: Stephanie Brown, Human Resources Director
BY: Kim Gilman, Human Resources Analyst
DATE: June 30, 2014
SUBJECT: Amendment to Ordinance 1663
ISSUE
Effective June 12, 2014 Washington State and local government employees are eligible to take
two unpaid holidays per calendar year for a reason of faith or conscience.
BACKGROUND
Chapter 168, Laws of 2014 (State Senate Bill 5173), effective June 12, 2014 entitles
Washington State and local government employees to two unpaid holidays per calendar year for
a reason of faith or conscience or an organized activity conducted under the auspices of a
religious denomination, church, or religious organization.
Per the advice of the City Attorney's Office, staff are presenting an amendment to Ordinance
1663 to comply with the State's amendment to RCW 1.16.050.
DISCUSSION
This amendment is needed to comply with State law.
FINANCIAL IMPACT
These are unpaid holidays and therefore do not present a direct financial impact.
RECOMMENDATION
The Council is being asked to approve the amended ordinance and consider this item at the
Consent Agenda of the August 4, 2014 Regular Meeting.
ATTACHMENTS
Ordinance 1663 (in draft form)
TMC 2.52.030 (in draft form)
1
2
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON; AMENDING
ORDINANCE NO. 1663 §1, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 2.52.030, TO
PROVIDE FOR TWO UNPAID HOLIDAYS FOR A
REASON OF FAITH OR CONSCIENCE FOR ALL CITY
EMPLOYEES; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 168, Laws of 2014 (State Senate Bill 5173), effective June 12,
2014, entitles Washington State and local government employees to two unpaid holidays
per calendar year for a reason of faith or conscience or an organized activity conducted
under the auspices of a religious denomination, church, or religious organization; and
WHEREAS, Section 2.52.030 of the Tukwila Municipal Code has been in effect since
1993; and
WHEREAS, the City Council has determined that the City's Code provisions relating
to legal holidays should be revised to be consistent throughout the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 2.52.030 Amended. Ordinance No. 1663 §1, as codified
at Tukwila Municipal Code Section 2.52.030, "Legal Holidays," is hereby amended to add
a new subparagraph F to read as follows:
F. Employees of the City will be granted up to 2 unpaid holidays per year for reasons
of faith or conscience or an organized activity conducted under the auspices of a religious
denomination, church or religious organization. If an employee prefers to take the two
unpaid holidays on specific days, then the employee will be allowed to take the unpaid
holidays on the days he or she has selected unless the absence would unduly disrupt
operations, impose an undue hardship, or the employee is necessary to maintain public
safety.
W: Word Processing \Ordinances \Provide for two unpaid holidays 7- 3- 14.doc
:bjs
Page 1 of 2
3
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, Assistant City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Provide for two unpaid holidays 7- 3- 14.doc
:bjs
4
Page 2of2
2.52.030 Legal Holidays
A. Unless otherwise provided in applicable collective bargaining agreements, all employees shall receive the
following holidays off with 8 hours' compensation at their regular straight-time hourly rate of pay:
New Years Day January 1
Martin Luther King, Jr, Day 3rd Monday of January
President's Day 3rd Monday of February
Memorial Day Last Monday of May
Independence Day July
Labor Day lst Monday of September
Veteran's Day November 11
Thanksgiving Day 4th Thursday of November
Day after Thanksgiving Day Friday
Christmas Day December 25
One Floating Holiday At employee's choice
B. An employee may select one personal holiday each calendar ye8r floating holiday, and the City must
grant such a day, provided:
1. The employee has been or is scheduled to be continuously employed by the City for more than four
months during the calendar year in which the floating holiday is to be taken;
2. The employee has given not less than 14 calendar clays' notice to the supervisor, provided, however, that
the employee and the supervisor may agree upon an earlier date; and
3. The number of employees selecting a particular day off does not prevent the City from providing continued
public service.
C. The floating personal holiday must be taken during the calendar year of entitlement or the day shall lapse,
except when an employee has requested a personal holiday and the request has been denied.
D. In the event that a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday.
In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday.
E. Nothing in this section shall be construed to have the effect of adding or deleting the number of paid holidays
provided for in existing agreements between employees and the City.
FL) Employees of the City will buranted up to two unpaid holidays per year for reasons of faith
or conscience or an oognized activity conducted under the auspices of a religious denomination,
church or religious organization. If an employee prefers to take the two unpaid holidays on specific
days„,,then the employee will be allowed to take the unpaid holidays on the days he or she has
selected unless the absence would unduly disrupt operations, impose an undue hardship, or the
employee is necessary to maintain ublic safety.,