HomeMy WebLinkAbout2023-08, Deleting EWMC Section 2_36_010City of East Wenatchee Ordinance 2023-08 and Exhibit A Page 1 of 3
City of East Wenatchee, Washington
Ordinance No. 2023-08
An Ordinance of the City of East Wenatchee deleting Section 2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety, containing a severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que elimina la Sección 2.36.010 del Código Municipal de East Wenatchee (EWMC) en su totalidad, que contiene una cláusula de separación y establece una fecha de vigencia.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
4. Purpose. The purpose of this ordinance is to delete Section 2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Action. The City Council deletes Section 2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety as set forth in Exhibit A.
6. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above.
7. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance.
8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
The East Wenatchee Municipal Code is current through Ordinance 23-04, passed February 7, 2023.
EXHIBIT A
2.36.010 Shared leave.
A. The purpose of shared leave is to permit city employees, at no additional cost to the city, other than the
administrative costs of administering the program, to come to the aid of a fellow city employee who is suffering
from or has an immediate family member suffering from an extraordinary, severe or extended illness, injury,
impairment, or physical or mental condition, or for maternity purposes, which condition has caused or is likely to
cause the employee to take leave without pay or to terminate his or her employment.
B. The mayor may permit an employee to receive shared leave under this section if:
1. The employee needs to take maternity leave or suffers, or has an immediate family member suffering from,
an illness, injury, impairment, or physical or mental condition which is of an extraordinary, severe or extended
nature, and which maternity leave or other condition has caused, or is likely to cause, the employee to go on
leave without pay status or to terminate his or her employment with the city; and
2. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave,
compensatory time, holiday time, and/or other paid leave; and
3. Prior to the use of shared leave, the employee has abided by the city’s sick leave policy; and
4. If applicable, the employee has diligently pursued and is found to be ineligible for state industrial insurance
benefits; and
5. The use of shared leave will not significantly increase the city’s costs, except for those costs which would
otherwise be incurred in the administration of this program or which would otherwise be incurred by the
employee’s department.
C. The mayor will determine the amount of shared leave, if any, which an employee may receive under this shared
leave program. The employee may be required, at the city’s discretion, to provide appropriate medical or other
justification and documentation for the necessity for the leave and the time which the employee can reasonably be
expected to be absent from work. An employee shall not receive more than 500 hours annually of shared leave. To
the extent possible, shared leave shall be used on a consecutive day basis.
D. Employees may request the mayor to approve the transfer of a specified amount of accrued sick leave to an
employee who is authorized to receive shared leave as provided herein.
1. To be eligible to donate sick leave, an employee must have a total of more than 100 hours of accrued sick
leave available for the employee’s own use.
2. Employees with less than 100 hours of accrued sick leave or whose proposed donation would result in the
employee having less than 100 hours of accrued sick leave may not donate any of the employee’s accrued sick
leave to this shared leave program.
City of East Wenatchee
ORD 2023-08 Exh. A
The East Wenatchee Municipal Code is current through Ordinance 23-04, passed February 7, 2023.
3. In no event shall a transfer of leave be approved which would result in an employee reducing his or her total
accrued sick leave to less than 100 hours.
4. Transfers of an employee’s accrued sick leave shall be in four-hour increments.
E. All donations of accrued sick leave shall be voluntary. The city shall not transfer sick leave from one employee to
another employee in excess of the amount specified in the request.
F. While an employee is on shared leave, he or she will continue to be classified as a city employee and shall receive
the same treatment, in respect to wage and benefits, as the employee would otherwise receive if using his/her own
accrued sick leave.
1. All wage and benefit payments made to the employee on shared leave shall be made by the department
employing the person using the shared leave.
2. The employee’s wage rate shall not change as a result of being on shared leave nor, under any circumstances,
shall the total of the employee’s wage and other benefits including, but not limited to, state industrial insurance
or any other benefits received as a result of payments by the city to an insurer, health care provider, or pension
system, exceed the total of wage and benefits which the employee would have received had he or she been in a
regular pay status.
G. The city treasurer shall be responsible for adjusting the accrued sick leave balances to show the transferred leave.
The city treasurer shall maintain all records of all leave time transferred in the event any unused time is returned at a
later date.
H. The mayor shall determine when shared leave is no longer needed. To the extent administratively feasible,
unused sick leave may be returned to the donor employees on a pro rata basis.
I. The mayor shall monitor the use of shared leave to ensure consistent and nondiscriminatory treatment for all
employees of the city. Inappropriate use or treatment of the shared leave program may result in the cancellation of
the donated leave or use of shared leave.
J. The city, in its sole discretion, may cancel this program; provided, however, if the city decides to terminate this
program, the city will provide any affected bargaining unit with 30 calendar days’ notice of the city’s intent to
terminate the program. (Ord. 11-01 § 3, 2011; Ord. 99-2 § 1, 1999. Formerly 2.36.090)
City of East Wenatchee
ORD 2023-08 Exh. A