HomeMy WebLinkAbout2677 Implementing the Administrative Management Structure of the Council-Manager Form of Government - Establishing Transitional City Administrator - Establishing City Manager Position - Clarifying City Attorney PositionOrdinance No. 2677
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING AND REPEALING
SECTIONS OF CHAPTER 2, ADMINISTRATION AND PERSONNEL, OF THE PORT
TOWNSEND MUNICIPAL CODE, TO PROVIDE FOR AND IMPLEMENT THE
ADMINISTRATIVE MANAGEMENT STRUCTURE OF THE COUNCIL-MANAGER FORM
OF GOVERNMENT; TO ESTABLISH THE POSITION OF TRANSITIONAL CITY
ADMINISTRATOR; TO CLARIFY THE POSITION OF CITY ATTORNEY; TO ESTABLISH
THE POSITION OF CITY MANAGER; TO PROVIDE FOR THE MANAGEMENT OF ALL
CITY DEPARTMENTS BY THE CITY MANAGER; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, the City of Port Townsend, Washington is a Non-Charter Code City,
presently operating under the Mayor-Council plan of government as set forth in Chapter
35A. 12 RCW; and
WHEREAS, the provisions of Chapter 35A.06 RCW provide a method by which a
plan of government can be abandoned, and a new plan of government adopted in its place; and
WHEREAS, at a Special Election held on September 15, 1998, Port Townsend's
voters approved a change in the plan of government to the Council-Manager form. This
decision requires that an election be held on February 2, 1999 for all City Council seats; and
WHEREAS, the formal change in Port Townsend's plan of government will be legally
effective upon the Jefferson County Auditor's certification of the February 2, 1999 election,
and the swearing in and seating of the newly elected Council, to occur on February 16, 1999;
and
WHEREAS, upon the effective date for the new plan of government, it will be
essential that all legal mechanisms be implemented to enable the newly-elected Council and the
City Manager to conduct the City's business in accordance with Chapter 35A. 13 RCW. This
Ordinance is intended to implement the change in the plan of government by amending City
department management structures, charging the City Manager with management
responsibilities, effective February 16, 1999; and
WI-I~AS, as a component of implementing the Council-Manager form of
government, and in order to ensure the orderly, efficient and smooth transition and ongoing
operation of the City's business, the City Council and the Mayor have determined that the
transition to the Council-Manager plan of government should commence prior to February 16,
1999. To implement immediate steps toward the transition, the Council hereby establishes the
position of "Transitional City Administrator,' with the duties of supervision and management
of all City departments conferred upon this position pending the February 16, 1999 City
Council meeting, at which time all City administration and department management
responsibilities shall be automatically vested in the City Manager, in accordance with Chapter
35A. 13 RCW,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 1. Chapter 2.10, City Administrator, Section 2.10.020, Scope of authority,
of the Port Townsend Municipal Code is hereby amended to read as follows:
Chapter 2.10
TRANSITIONAL CITY ADMINISTRATOR
2.10.010 Position created.
Effective January. 4, 1999,-T-the position of transitional city administrator is created and
established. The transitional city administrator shall be appointed by the mayor, subject to the
confirmation by a majority vote of the city council, to serve at the pleasure of the mayor. The
city in its discretion may specify additional terms and conditions of employment in a written
agreement executed by the mayor and approved by the city council, provided that such
contract may not vary the terms of this chapter. The position of transitional city administrator
shall automatically expire ut>on certification of the city council election, on or about 7:00 p.m.
on February. 16, 1999. The position and scope of authority of the transitional city
administrator as described in sections PTMC 2.10.010 and 2.10.020 as amended herein shall
be deemed to supersede and ret>lace all provisions of the Port Townsend Municipal Code
which are in conflict with sections 2.10.010 and 2.10.020 PTMC.. (Ord. 2677 § 1, 1999;
Ord. 2425 § 1, 1994).
2.10.020 Scope of authority.
Under the direction and authority of the mayor, the ~ city administrator shall
administer and coordinate the activities and functions of the city to implement city ordinances
and policies through the effective use of city employees, funds, materials, facilities and time,
and shall direct and control the overall operations of the city and the management of all city
departmcrlts to assure optimum services to the community; provided, however, that the-city
icy ---'-" ..... '-- -" ....... /did --"--/did ~-- -'-:-"- _t_,, ,__ _,, ..... ~ ~___., ............. ,
the library director shall be directed by the library board. Under the direction and authority of
the mayor, the ~ city administrator shall also serve as chief financial and accounting
supervisor and advisor to the mayor and city council and shall advise the mayor and city
council of the financial plans, functions and needs of the city. (Ord. 2677 § 1, 1999; Ord.
2425 § 1, 1994.)
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SECTION 2. Chapter 2.06, City Clerk, Section 2.06.010, Position created -
Effective date, is amended as follows:
2.06.010 Position created -Effective date.
The position of city clerk is established and created, -~--':--- ~ ,,l
clerk shall be appointed by the ~ mayrrr, ~uoj~L Lu ~u.l,.,,mu. ,.,~ a majority vot~
~,. ~,,, ~.~j ~,,.~., to serve at the pleasure of the ~ mayor; provided, however, that
until such time as a city clerk is appointed and-emafn-m~ or in the absence or vacancy of the
city clerk position, the ~ ma3mr may appoint an acting city clerk to perform all
duties of the City clerk as provided in this chapter. (Ord. 2677 § 2, 1999; Ord. 2426 § 1,
1994).
SECTION 3. Chapter 2.08, Attorney, is hereby is amended as follows:
Sections:
2.08.010
2.08.020
2.08.030
2.08.040
2.08.050
""-"--"-- -~' '--- ..... ' ....... ' .... Position created
Appointment~pp,,va:}.
Duties.
Compensation.
2.08.010 -~-:: :- - ~ ' .... ~ .... ~' ........... ' ............ Position_______created.
--,-,-,:,...,u- u- ~ ,,.u-, ,..u.,',,..,.,:u
Blit'lli iii IlO ~.,4%BG UU l.;~UU U~ tll~ ~k.~lt.,,Y.
In accordance with Ordinance No. 2241 (1991), the position of city attorney is created and
established, as an appointive (non-elected) position. (Ord. 2677 § 3, 1999; Ord. 2241 § 4,
1991).
2.08.020 l'.~t... -- - -' ......... '---
iuaur ~ppumtiv ~,
~e city a~omey sh~l be ~ attorney licens~ ~d q,alifi~ to practice law in ~d before tho
Supreme Cou~ of the S~te of Washington, wi~ such other ~d addifion~ q, alificafions a~
may be determin~ by the city m~ager. (Ord. 2677 ~ 3, 1999; Ord. 2241 ~ 4, 1991).
2.08.030 Appointment-~pprm, at.
-3- Ord. 2677
The city. attorney shall be appointed by the city manager, subject to approval by majority, vote
of the city council, to serve at the pleasure of the city manager; provided, however, that until
such time as a city attorney is appointed, or in the absence or vacancy of the city attorney
position, the city manager may appoint an acting city attorney to perform all the duties of the
city attorney. The city attorney shall have the authority to appoint and remove, subject to the
approval of the city. manager, any professional assistant city. attorneys and legal assistants.
(Ord. 2677 § 3, 1999; Ord. 2241 § 4, 1991).
2.08.040 Duties.
fia-ii~iide, d ~id .... ,- -,, ....... -. ........ __..,_.~ c__ ~_ ....4.. ........ ~-,,_.
The city. attorney shall be the head of the city's legal department which renders legal advice;
counsel and services to the city council, the city manager,, departments, employees, boards,
committees and commissions of the city, in matters relating to city affairs. The city attorney
drafts, reviews and approves ordinances, resolutions, contracts, and other legal instruments
and documents; provides written and oral opinions and legal advice concerning city affairs5
administers compliance with various state and local laws, statutes, administrative rules,
ordinances and city. contracts; and represents the city in judicial and administrative proceedings
not in the charge of special legal cOunsel as may be approved by the city council as provided in
RCW 35A. 13.090; or insurance defense counsel. (Ord. 2677 § 3, 1999; Ord. 2241 § 4,
1991).
2.08.050 Compensation.
The compensation for the office of city attorney shall be as set by ordinance.
(Ord. 2241 § 4, 1991),
SECTION 4. Chapter 2.10, City Administrator, is hereby repealed and a new chapter
2.10, City Manager, is adopted as follows:
Sections:
2.10.010
2.10.020
2.10.030
2.10.040
2.10.050
Position created.
Scope of authority.
Qualifications.
Powers and duties..
Compensation.
Chapter 2.10
CITY MANAGER
2.10.010 Position created.
The position of city manager is created and established. The city manager shall be appointed
by the city council, as provided in chapter 35A. 13 RCW, to sev,,e at the pleasure of the city
council. The city council, in its discretion may specify additional terms and conditions of
-4- Ord. 2677
employment in a written agreement executed and approved by the city council, provided that
such contract may not vary the terms of this chapter and shall be in compliance with the
provisions of chapter 35A. 13 RCW.
2.10.020 Scope of authority.
The city manager shall have all powers, duties and authority as provided in chapter 35A. 13
RCW. Pursuant to and in accordance with chapter 35A. 13 RCW, the city manager shall
administer, manage and coordinate the departments, activities and functions of the city to
implement city ordinances and policies through the effective use of city employees, funds,
materials, facilities and time, and shall direct and control the overall operations of the city to
assure optimum services to the community. The city manager shall also serve as chief
financial and accounting supervisor and advisor to the city council and shall advise the city
council of the financial plans, functions and needs of the city.
2.10.030 Qualifications.
The city manager shall have experience and education suitable to manage the city. This
includes a minimum of five years' management experience in duties related to the
responsibilities of the position, and a master's degree in finance, accounting, business
administration, public administration, or any equivalent combination of education and
experience which equips the applicant with the knowledge and skills required to perform the
duties and functions of city manager.
2.10.040 Powers and duties.
The city manager shall have all powers and duties as described in chapter 35A. 13 RCW,
including but not limited to the following powers and duties:
A. Plan and direct administrative activities of the city; develop and implement internal
policies, programs and operating objectives; and take necessary actions to improve operations;
and
B. Directly supervise all city departments and department directors; and
C. Assist the city council in developing long-term f'manCial planning policies and goals for the
city; implement the city's financial policies to accomplish the city's goals and objectives
related to provision of city services, including plans of future capital facilities, general
accounting system, billing, purchasing and investment of city funds; and
D. Delegate responsibility as necessary to accomplish the desired objectives; and
E. Coordinate and supervise the preparation of the preliminary budget for submittal to the city
council and administer the final budget after its adoption; and
F. Act as the city's representative at meetings with other governmental officials, agencies and
commissions, and at conferences, conventions, and seminars related to public management, as
directed by the city council; and
G. Serve as personnel officer for the city. As personnel officer the city manager shall work
with the department heads to prepare, implement and enforce a city personnel manual and
orientation handbook, establish a management training program, act as the city's representative
in' negotiating labor union (collective bargaining) agreements, and supervise the hiring and
-5- Ord. 2677
discharge of all city employees except city personnel, including the fire and police
departments, subject to civil service laws, ordinances or regulations; and
H. Nothing in this section shall be construed to limit the responsibility of the civil service
commission relative to uniformed personnel; and
I. Meet with the city council as often as is necessary to keep them informed of the status and
result of departmental operations and projects; and
J. Act to resolve operational conflicts, decide and implement alternative courses of action,
formulate and administer policies, and otherwise make decisions to assure the maximum
efficiency of the general operations of the city; and
K. Provide information and advice to the city council, other public officials, and the public
concerning the city's operations; and
L. Regularly attend meetings of the city council, and other boards and commissions as
necessary to coordinate and satisfy the administrative needs of the city; and
M. Serve as risk manager for the city, serve as secretary and chief examiner to the civil
service commission, and recruit and appoint city department heads; and
N. Assist the city council in the solicitation and appointment of members of advisory boards
and commissions; and
O. Assist the city council generally in conducting all the city's business and perform such
other duties, and assume such other responsibilities, as the city council shall direct and as may
be required by ordinances and resolutions adopted by the city council.
2.10.050 Compensation.
The compensation to be paid to the city manager shall be established by the city council in the
annual budget. (Ord. 2677 § 4, 1999).
SECTION 5. Chapter 2.11, Finance Director, Section 2.11.010, Position Created, is
amended as follows:
2.11.010 Position Created
The position of finance director is established and created. The finance director shall be
appointed by the ~ ~ ---'-' ......... ~ ....... '--- of a ajo ity ...... ~' "- - city
, BUUJ~L t,O t~UlliiXlll~mUUii ~l-{ ~ YU[U Ui ~ilU
eonneitwto serve at the pleasure of the c,~L!llaaag~ mayor; provided, however, that until such
time as a finance director is appointed ,mdrea:nnernr~, or in the absence or vacancy of the
finance director position, the city Illanager ma3ror may appoint an acting finance director to
perform all the duties of the finance director. In all cases where the Port Townsend Municipal
Code makes reference to the "clerk-treasurer" or "treasurer,' such provisions shall be construed
to mean the city finance director. (Ord. 2677 § 5, 1999; Ord. 2596 § 2, 1997).
-6- Ord. 2677
SECTION 6. Chapter 2.11, Finance Director, Section 2.11.030, Powers and Duties,
is amended to read as follows:
2.11.030 Powers and duties.
The powers, duties and responsibilities of the finance director shall be subject to the direction
and supervision of the city manag~ ~, and shall include, without limitation, the
following:
A. Receive and safely keep all money and other negotiable instruments which come into the
city treasury, and follow all laws of the state of Washington regarding the accountability
therefor;
B. Keep such books, accounts, and make such reports as may be required by the Division of
Municipal Corporations of the Office of the State Auditor;
C. Exercise the duties of the city finance director as. provided in RCW Title 35A, including
without limitation computation and preparation of the city budget in the manner and form and
at the time required by Chapter 35A.33 RCW;
D. Exercise the duties and authorities of auditing officer as provided in RCW 42.24.080, as
applicable to the city;
E. Perform such other duties as directed by the city ~ &diiiiiilSh-&~oi-, iBayo£, or cky
COiiiicil, or as provided by city ordinance or state law. (Ord. 2677 § 6, 1999; Ord. 2596 § 2,
1997).
SECTION 7. Chapter 2.18, Director of Public Works, Sections 2.18.010, Position
Created - Qualifications, is amended as follows:
2.18.010 Position created - Qualifications.
The position of director of public works is created and established. The director of public
wOrks shall be appointed by the ~ iii&~-oi-, --"-:,~,.,~,-'-, appolntnient -'--" be --'-:--' to
.~.~-.~. oj a .,~j~m~ ~u[. ~ .,. ~[~ ~..~. The dir~tor o ublic wor~ sh~l ~e at
· e plmsure of the ~ ~. The ~rson so ap~ sh~l be a graduate engin~r,
~cens~ in ~e field of civil engin~fing, or ~ ~li~ field of engin~fing ~d have at lmst five
y~s~ ~ experience in d~ing wi~ municip~ engin~fing problems. (Ord. 2677 ~ 7, 1999;
Ord. 1922 ~ 1, 1982).
SECTION 8. Chapter 2.18, Director of Public Works, Section 2.18.020, Duties, is
amended as follows:
2.18.020 Duties.
The duties of the director of public works shall be as follows:
A. Supervise and review the design and development of plans, estimates and Contract
documents for public works projects;
-7- Ord. 2677
B. Prepare and administer annual departmental budgets and capital improvement
and budgets; 1
C. Administer construction contracts in progress involvipg reports, approval of minor change
orders, recommend payments, recommend fair acceptan~ of projects;
D. Prepare specifications and make recommendations o~ city equipment;
E. Monitor and supervise the operations of the street, water, storm and sanitary sewer, solid
waste and engineering divisions; /
F. Make recommendations and assist in the developmenI of new ordinances or revision of
existing ordinances that may affect public works; /
G. Act as technical advisor to the city council, the r, ii.'Lmallag~ mayor, the planning
commission and other departments on engineering propcsals;
H. Direct the research and compilation of reports requir~ ~ by "-u~- -: ......... ,~,",,,-,,,~" the city
mallager mayor or other governmental agencies;
I. Attend meetings of, and occasionally speak to govern~ nental or civic groups as
representative of the city under direction of the ~ agel: ma3tor. (Ord. 2677 § 8, 1999;
Ord. 2160 § 3, 1989; Ord. 1922 § 2, 1982).
SECTION 9. Chapter 2.18, Director of Public Norks, Section 2.18.030, Directly
responsible to mayor, is amended to read as follows:
/
2.18.030 Directly responsible to
The director of public works shall be directly responsibl~ to the f, ily._maaaglgr mayor for
1922 § 3,
carrying out the duties described in this chapter. (Ord. 2~577 § 9, 1999; Ord. 1982).
/
SECTION 10. Chapter 2.34, Director of Buildiag and Community Development,
SeCtions 2.34.010, Position Created, Qualifications, is tmended as follows:
2.34.010 Position created - Qualifications.
The position of director of building and community development is created and established.
The director of building and community development shall be appointed by the f, ity_Illallag~
and community development shall serve at the pleasure of the ~ ~. The person
so appointed shall possess a degree in urban planning, architecture, civil engineering or
equivalent experience, and shall have at least five years of experience in planning, urban
design, building supervision, public administration or allied fields. (Ord. 2677 § 10, 1999;
Ord. 2427 § 1, 1994; Or'd. 2160 § 4, 1989).
-8- Ord. 2677
SECTION 11. Chapter 2.34, Director of Building and Community Development,
Section 2.34.020, Duties, is amended to read as follows:
2.34.020 Duties.
The duties of the director of building and community development shall be as follows:
A. Assist the city manager, planning commission, mayor and city council in their
consideration of alternative future directions and implementation of policies for future
development of the city, and conduct all land use planning activities;
B. Conduct research and prepare reports to the city manager, hearing examiner, ma3ror, city
council, planning commission, and citizens concerning land use development pro_iects, as
provided in chapter 20.01 PTMC, and all priority projects and issues identified by the city
mamlg~ council;
C. Assist development proponents to achieve project goals in conformance with applicable
regulations and in support of city plans and goals;
D. Consult with other city departments in support of the planning needs of each service
delivery activity, and in concert with the long-range goals of the city;
E. Coordinate project, program, contractual and planning activities with other Public agencies;
F. Supervise enforcement of zoning, subdivision, sign, building and related construction and
environmental protection codes;
G. Administer city land use and environmental protection ordinances, the Shoreline Master
Program and the National Flood Hazard Insurance Program;
H. Serve as the city building official pursuant to Ordinance 1530, as amended, together with
PTMC Title 16, as amended;
I. Prepare budget recommendations and monitor expenditures;
J. Hire, train, supervise and assist the building inspector and other staff members assigned to
planning and building responsibilities;
K. Assist in preparation of ordinances, resolutions, contracts, agreements, covenants and other
legal documents related to community development and administration and enforcement of city
ordinances;
L. Seek grants and donations in support of the priority planning projects selected by the city
council;
M. Prepare job descriptions, performance appraisals, labor agreement addenda, administrative
procedures, etc., in exercise of management and supervisory responsibilities;
N. Represent the city under direction of the ~ mayor;
O. Such other duties as may be assigned by them'ra3ror ~il.v._mallaggr. (Ord. 2677 § 11, 1999;
Ord. 2427 § 1, 1994; Ord. 2160 § 5, 1989).
SECTION 12. Chapter 2.34, Director of Building and Community Development,
Section 2.34.030,. Directly responsible to city administrator, is amended as follows:
-9- Ord. 2677
2.34.030 Directly responsible to city ~ administrator
The director of building and community development shall be directly responsible to the city
~ ~ for carrying out the duties described in this chapter. (Ord. 2677 § 12,
1999; Ord. 2427 § 1, 1994; Ord. 2160 § 6, 1989).
SECTION 13. Chapter 2.36, Police Department, Section 2.36.070, Civil service
System adopted - Police chief excluded, is amended as follows:
2.36.070 Civil service system adopted - Police chief excluded.
The civil service system set forth in Chapter 41.12 RCW is adopted by the city. In accordance
with RCW 41.12.050, the position of police chief is excluded from the civil service system. Th~
police chief shall be directly respOnsible to the city manager for carrying out the duties of the
position of police chief. (Ord. 2677 § 13, 1999; Ord. 2632 § 1, 1998; Ord. 2316 § 1, 1992; Ord.
1102 § 1, 1939).
SECTION 14. Chapter 2.40, Fire Department, Section 2.40.010, Civil service system
adopted -Fire chief excluded, is amended as follows:
2.40.010 Civil service system adopted - Fire chief excluded.
The civil service system as set forth in Chapter 41.08 RCW is adopted by the city. In accordance
with RCW 41.08.050, the position of fire chief is excluded from the civil service system. The fire
chief shall be directly responsible to the city manager for carryi_ 'ng out the duties of the position of
fire chief. (Ord. 2677, § 14, 1999; Ord. 2633 § 1, 1998; Ord. 2316 § 3, 1992g Ord. 1101 § 1,
1939).
SECTION 15. Chapter 2.60, Medical Insurance for City Employees, Section
2.60.020, Amount of contributions, is amended to read as follows:
2.60.020 Amount of contributions.
For nonunion employees the gity..mallaggr mayor is authorized to determine the city's monthly
share of medical, dental and insurance premiums, subject to appropriation by council in the
annual budget process. For union employees the amount shall be as set forth in the current
labor agreement. (Ord. 2677 § 15, 1999; Ord. 2595 § 1, 1997; Ord. 2061 § 1, 1987, Ord.
1685 § 2, 1973; Ord. 1668 § 2, 1973).
SECTION 16. Chapter 2.60, Medical Insurance for City Employees, 2.60.030
Drawing and issuing warrants, is amended to read as follows:
-10- Ord. 2677
2.60.030 Drawing and issuing warrants.
The niayo~
,~,[j ,~,~, city manager and finance director (under the direction and authority.
of the city manager) are authorized and directed to draw and issue warrants in favor of the
appropriate medical insurance companies and medical programs, for the purposes herein
mentioned. (Ord. 2677 § 16, 1999; Ord. 1668 § 3, 1973).
SECTION 17. Chapter 2.64, Vacation, Sick, and Other Leave Policies for City
Employees, Section 2.64.035, Shared leave, is amended to read as follows:
2.64.035 Shared leave.
A. Intent. The purpose of shared leave is to permit city employees, at no additional employee
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 or severe illness, injury, impairment, or physical or mental
condition which has caused or is likely to cause the employee to take leave without pay or to
terminate his or her employment.
B. ^ department head, with the approval of the ~ rraty~, may permit an employee
to receive shared leave under this section if:
1. The employee suffers, or has an immediate family member suffering from an illness~
injury, impairment, or physical or mental condition which is of an extraordinary or severe
nature and which 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;
2. The employee has depleted or will shortly deplete his or her total accrued vacation, sick
leave, compensatory time, holiday time and/or other paid leave;
3. Prior to the use of shared leave, the employee has abided by the city's sick leave policy;
4. The employee has diligently pursued and is found to be ineligible for state industrial
insurance benefits;
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 department head, with the concurrence of the ~ maycrc, shall determine the
amount of shared leave, if any, which an employee may receive under this section. The
employee shall be .required to provide appropriate medical justification and documentation both
of the necessity of the leave and the time which the employee can reasonably be expected to be
absent due to the condition. An employee shall not receive more than a total of 640 hours of
shared leave throughout the employee's employment. To the extent possible, shared leave
should be used on a consecutive basis.
D. Employees may request their department head to approve the transfer of a specified amount
of accrued vacation leave to an employee who is authorized to receive shared leave as provided
in this section. In order to be eligible to donate vacation leave, an employee must have a total
of more than 80 hours of accrued vacation leave and have taken at least 80 hours of vacation
leave within the calendar year. In no event shall a transfer of leave be approved which would
- 11- Ord. 2677
result in an employee reducing his or her total vacation leave in a calendar year to less than 80
hours. The department head shall not transfer vacation leave in excess of the amount specified
in the request. All donations of leave shall be voluntary. The department head shall determine
that no significant increase in city costs will occur as a result of a donation of leave.
E. Leave may be transferred from employee(s) from one department to an employee of the
same department, or, with the concurrence of both department heads, to an employee of
another department.
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 salary and benefits, as the
employee would otherwise receive if using vacation leave.
1. All salary benefits payments made to the employee on a shared leave shall be made by the
department employing the person using the shared leave.
2. The employee's salary rate shall not change as a result of being on shared leave nor, under
any circumstances, shall the total of the employee's salary and other benefits, including but not
limited to state industrial insurance or any other benefit received as a result of payments by the
city to an insurer, health care provider or pension system, exceed the total of salary and
benefits which the employee would have received had he or she been in a regular pay status.
G. Vacation leave shall be transferred on a dollar-for-dollar basis. The value of leave shall be
determined at the current hourly rate of the transferor and the leave available to the receiving
employee shall be calculated at the receiving employee's wage.
H. The treasurer's department shall be responsible for computing the values of donated leave
and shared leave, and shall also be responsible for adjusting the accrued leave balances to
show the transferred leave. Records of all leave time transferred shall be maintained in the
event any unused time is returned at a later date.
I. The value of any leave transferred which remains unused shall be returned at its original
value to the employee or employees who donated the leave. The department head shall
determine when shared leave is no longer needed. To the extent administratively feasible, the
unused leave shall be returned on a pro rata basis.
J. The treasurer's department shall monitor the use of shared leave to insure equivalent
treatment for all employees of the city. Inappropriate use or treatment of the shared leave
provision may result in cancellation of the donated leave or use of shared leave.
K. This program has been established by the city in its sole discretion and may be canceled at
any time. Participation in the program shall be predicated upon a receipt from the Union of a
written waiver by the appropriate union bargaining representative indicating that the union
understands that the program shall not establish a past practice by the city or otherwise obligate
the city to continue the program and acknOwledge that the city may cancel the program at any
time, if, in its sole discretion, it shall determine appropriate. (Ord. 2677 § 17, 1999; Ord.
2543 § 1, 1996; Ord. 2187 § 1, 1990).
SECTION 18. Chapter 2.64, Vacation, Sick, and Other Leave Policies for City
Employees, Section 2.64.060, Emergency leave, is amended to read as follows:
-12- Ord. 2677
2.64.060 Emergency leave.
Emergency Leave. In the event of a need for emergency leave, the employee shall notify the
department or the ~ ma3n~ prior to taking emergency leave. Emergency leave may
be granted up to five days per calendar year - non-accumulative from year-to-year. Such
emergency leave may cover military orders, serious illness of spouse or parent, or other
compelling reasons as determined by the department head or designee. There shall be no pay
deduction for approved emergency leave. Emergency leave shall not be deducted from sick
leave or vacation leave. Emergency leave shall only be granted for hours missed from the
employee's regularly scheduled shift of work. Employees must have the approval of the
department head or designee, prior to payment for emergency leave. (Ord. 2677 § 18, 1999;
Ord. 2543 § 1, 1996; Ord. 1998 § 4,1984).
SECTION 19. Chapter 2.64, Vacation, Sick, and Other Leave Policies for City
Employees, Section 2.64.080, Administrative leave, is amended to read as follows:
2.64.080 Admlni~rative leave.
The ~ ma3ror is authorized to place an employee on administrative leave, as further
set forth in the personnel policy manual. (Ord. 2677 § 19, 1999; Ord. 2595 § 2, 1997).
SECTION 20. Chapter 2.64, Vacation, Sick, and Other Leave Policies for City
Employees, Section 2.64.090, Sabbatical and additional discretionary leave, is hereby
amended to read as follows:
2.64.090 Sabbatical and additional Discretionary leave.
The nia~-or '--'"- ...... '- .... ~ "--- '"- ......... ' ...... ' ~
t,,~ ~o,o.,~ o,.,~,~ ~,,, ,,o~,~ ~,.l~,~.<y~:.; is authorized to grant
sabbatical l~ve hid additional discretionary leave to specified employees under the terms and
conditions set forth in the personnel policy manual. (Ord. 2677, § 20, 1999; Ord. 2595 § 2,
1997.
SECTION 21. SeCerability. If any clause, sentence, paragraph, section or part of
this ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect
the validity or constitutionality of the remainder of any part of this ordinance. To thisend, the
provisions of each clause, sentence, paragraph, section or part of this law are declared
severable.
SECTION 22. Effective date. SECTION 1 shall be effective and be in force
January 4, 1999, and shall automatically expire upon certification of the city council election,
on or about 7:00 p,m., February 16, 1999. All other SECTIONS of this ordinance shall take
-13- Ord. 2677
effect and be in force upon certification of the city council election, on or about 7:00 p.m.,
February 16, 1999.
Read for the first, second, and third times and adOPted by the City Council of the City
of Port Townsend, Washington, at a regular meeting thereof, held this 4th day of January,
1999.
Attest:
P~m Kolacy, .City Clerk~ -
01/05/99 [PTMC] Ord\{eh-2.ord}
Ord. 2677
Jul~//McCulloch, Mayor
Approved as to Form:
Attorney
-14- Ord. 2677