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HomeMy WebLinkAbout20-019 Authorizing a Program for Temporary Staff Furloughs Resolution 20-019 Page 1 of 3 RESOLUTION NO. 20-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING A PROGRAM FOR TEMPORARY STAFF FURLOUGHS AND RATIFYING THE PROCLAMATION SIGNED BY THE MAYOR AND CITY MANAGER ON APRIL 10, 2020 WHEREAS, the City of Port Townsend (City) is a non-charter code city organized under Title 35A RCW; and WHEREAS, RCW 38.52.070 has authorized the creation of local organizations for emergency management and authorizes the use of emergency powers to combat disasters and protect health and safety of persons and property; and WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public emergency for the novel coronavirus (COVID-19) beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring a State of Emergency exists in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the state and directed that the plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented; and WHEREAS,pursuant to the Port Townsend Municipal Code 9.40.030, the Port Townsend Police Chief(or Emergency Manager as designee) is designated to administer the Emergency Management Organization; and WHEREAS, the City Manager and City Emergency Manager have reported to the Mayor of the City of Port Townsend that a state of emergency exists within the City of Port Townsend based upon the spread of the novel coronavirus (COVID-19) in Washington State; and WHEREAS, the Port Townsend City Manager and Mayor jointly signed a proclamation declaring an emergency on March 13, 2020 that was ratified by the Port Townsend City Council on March 16, 2020; and WHEREAS, the United States Centers for Disease Control and Prevention identifies the potential public health threat posed by COVID-19 as high, and has advised that person-to-person spread of COVID-19 will continue to occur; and WHEREAS, the Washington State Department of Health has confirmed localized person-to-person spread of COVID-19 in Washington State, significantly increasing the risk of exposure and infection to the general public, and creating an extreme public health risk that may spread quickly; and Resolution 20-019 Page 2 of 3 WHEREAS, on March 23, 2020, Governor Jay Inslee issued Proclamation by the Governor 20-25 "Stay Home— Stay Healthy"that ordered residents to remain unless engaging in essential services or working in essential businesses or services; and WHEREAS, the economic impact of COVID-19 may have long-term, dynamic and unpredictable local and regional consequences, necessitating the City to act and plan accordingly; and WHEREAS, the City has temporarily closed several facilities, including the City Library and the Mountain View swimming pool, in an effort to comply with Governor Inslee "Stay Home— Stay Healthy" order; and WHEREAS, the City anticipates a significant revenue impact due to the economic impacts of COVID-19 and must plan accordingly; and WHEREAS, the City must make necessary budget adjustments to deal with the economic reality of the facility closures and the anticipated budget impacts; and WHEREAS, the Washington State Attorney General Bob Ferguson opined on March 17, 2020 that combating COVID-19 and promoting the public health is a fundamental purpose of government and that local governments have broad authority to expend public funds to combat the COVID-19 pandemic without violating the Washington State Constitution prohibitions against gifting public funds; NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Port Townsend: 1. As of April 1, 2020,the City Manager is authorized to temporarily furlough staff during the pendency of the public health crisis. The City intends to return all furloughed staff to their respective positions on or about June 30, 2020. Furloughed staff will immediately be eligible for Washington State Department of Employment Security benefits, including the additional benefits mandated by the Coronavirus Aid, Economic Security, and Relief Act signed by President Trump on March 27, 2020. 2. As of April 1, 2020, in an effort to protect the public health by ensuring that all staff, including those furloughed, have access to needed health care during the public health crisis, the City of Port Townsend will continue to pay the City's current portion of the premiums for, health, vision, dental, life, and long-term disability insurance as well as the premiums for the employee assistance program for non-represented staff. The City will continue to pay these premiums until the employee is returned to work, the employee is covered by another benefit program, or June 30, 2020 whichever is earliest. The City will not continue any other benefits, PERS/DRS or leave accruals, until the employee returns to a paid status. Washington Teamsters Welfare Trust will continue to provide health, vision, and dental insurance for all represented staff for up to three months. Resolution 20-019 Page 3 of 3 3. Staff who are furloughed will be involuntarily placed on an unpaid leave of absence. Because this is a temporary leave, employees will retain any leave previously accrued, but will not earn additional leave until they return to a paid status. The City will offer any furloughed non-represented employee a one-time cash-out of any previously earned leave, including sick leave, vacation time, or compensatory time to cover the employee's share of the insurance premiums; cash-outs shall not exceed total premiums. The City will not cash out any unused administrative leave or leave granted to the employee by the Families First Coronavirus Response Act. This cash out will be voluntary and will be paid at the employee's regular hourly rate including longevity or other premium pay,but not overtime. 4. As of April 1, 2020, the City Manager is authorized to temporarily reduce staff hours through June 30, 2020. Those with reduced hours may or may not be eligible for Washington State Department of Employment Security benefits depending on the number of hours reduced. The City of Port Townsend will continue to pay the City's current portion of the benefit premiums for all benefits until the employee is returned to normal hours, covered by another benefit program, separated from employment, or June 30, 2020, whichever is earliest. Leave accruals and pension service credits will be a prorated based on the hours worked. 5. The Proclamation by the Mayor and City Manager of April 10, 2020 is confirmed and ratified. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 20th day of April 2020. 1 t/C .....-- ­11-1111.......... Michelle Sandoval Mayor Attest: Approved as to form: — ....... ............... ....r.. ........ ----- Joanna Sanders, MMC "leidi eenwood City Clerk City Attorney