063-21 - Ordinance - Amending Chapter 2.28 Employment Definitions and LeaveORDINANCE N0. 063-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON1
REPEALING ORDINANCE 632, AND AMENDING CHAPTER 2.28 POMC,
WHICH PROVIDES EMPLOYMENT DEFINITIONS AND DESCRIBES
EMPLOYEE VACATIONS AND OTHER FORMS OF LEAVE PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on August 27, 1956, the City Council passed Ordinance 632 which
created definitions related to employment and established various types of leave
programs; and
WHEREAS, from time to time, including May 16, 1963, November 22, 1965,
January 25, 1971, April 23, 1973, December 22, 1975, July 9, 1976, and August 27, 1979)
the subjects contained within Ordinance 632 were amended; and
WHEREAS, earlier ordinances related to these subjects were repealed by the City
Council via Ordinance 1467 on August 14, 1989, and
WHEREAS, Ordinance 632 was inadvertently left off the list of earlier ordinances
repealed by the passage of Ordinance 1467, but was constructively repealed; and
WHEREAS, on October 26, 1998, the City Council approved Ordinance 1740 which
repealed Ordinance 1467, and codified those subjects as Chapter 2.28 of the Port Orchard
Municipal Code (POMC); and
WHEREAS, on October 12, 2010, the City Council adopted via Resolution 034-10 a
personnel policies and procedures manual; and
WHEREAS, new personnel policies added to the manual are approved by the City
Council; and
WHEREAS, on February 8, 2011, the City Council adopted Resolution 007-11
delegating authority to the Mayor to amend existing City personnel policies and
procedures in the manual, and
WHEREAS, City personnel policies and procedures contain references to vacation
and other types of leaves also referenced at POMC Ch. 2.28; and
WHEREAS, staff prepared the amendments to POMC Ch. 2.28 in an effort to avoid
any potential confusion between the adopted City personnel policies and the POMC, and
to clarify the location of the prescribed benefits, and
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WHEREAS, in order to aid in the processing of payroll and other related
employment issues, this ordinance would alter the definition of "full-time employee" in
the Code and a definition of appointive authority is proposed for addition to the municipal
code; and
WHEREAS, in an effort to automate payroll processes and streamline timesheet
review, this ordinance would change the application of overtime allowing for the
determination of overtime to be 40 hours of paid time in a workweek, not necessarily 40
hours of "work" or "service performed" before overtime would be paid, allowing for a
benefit greater than that required by the Fair Labor Standards Act (FLSA); and
WHEREAS, these amendments would align POMC Ch. 2.28 with existing Personnel
Policy 3.2 wherein the Mayor has delegated authority to department directors to hire and
terminate staff within each of the director's respective departments; and
WHEREAS, the City Council finds adoption of these amendments to be in the best
interest of the City, its employees and residents; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Repealer. Ordinance 632 is hereby repealed.
SECTION 2. Amendment. Port Orchard Municipal Code Chapter 2.28 is hereby amended
to read as follows:
2.28.010 Definitions. In construing the provisions of this chapter, the following definitions
shall apply:
(1) "Appointing authority" shall be the Mayor or designee.
(2) A "full-time employee" is any person employed by the city who is scheduled to
work forty (40) hours per week on a year-round basis;
(3) A "part-time employee" is any person employed by the city for 20 or more hours
but less than 40 hours per week but on a continuing basis;
(4) An "intermittent temporary employee" is any person employed by the city for not
to exceed six months duration and shall not be entitled to the benefits of this
chapter. An "intermittent temporary employee" will be considered "full-time" or
"part-time" (subdivision (1) or (2)) when his continuous service exceeds six
months.
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2.28,020 Accumulation of sick leave and vacation leave. All full-time and part-time
employees shall be allowed to accumulate sick leave and vacation leave to the maximum
amount as prescribed by personnel policy or labor agreement approved for their position
classification.
2.28.030 Sick leave. All full-time and part-time employees shall be entitled to sick leave
at a rate prescribed by the personnel policy or labor agreement approved for their
position classification.
2.28.040 Vacation leave. All full-time and part-time employees shall earn vacation leave
at a rate prescribed by the personnel policy or labor agreement approved for their
position classification.
2.28.050 Holiday leave. All full-time and part-time employees shall be entitled to holidays
as designated by the personnel policy or labor agreement approved for their position
classification.
2.28.060 Overtime. Hours paid in excess of 40 hours per week will be compensated at
one and one-half times the regular hourly rate, unless otherwise prescribed by personnel
policy or labor agreement approved for their position classification.
2.28.070 Bereavement leave. All full-time and part-time employees shall be allowed to
bereavement leave as prescribed by personnel policy or labor agreement approved for
their position classification.
2.28.080 Civil leave. Civil leave may be allowed by the director of a department to permit
any employee to serve as a member of the jury, or to exercise his/her other civil duties in
compliance with state or federal statutes as prescribed by personnel policy or labor
agreement approved for their position classification.
2.28.090 Military leave. All full-time and part-time employees may be granted military
leave in compliance with state and federal statutes, as prescribed by personnel policy or
labor agreement approved for their position classification.
2.28.100 Leave without pay. All full-time and part-time employees may be granted leave
without pay at the discretion of the department director, or appointing authority, as
prescribed personnel policy or labor agreement approved for their position classification.
2.28.110 Unauthorized absence. Unauthorized absence from duty for three consecutive
working days shall constitute grounds for dismissal upon recommendation of the
department director or the appointing authority.
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2.28.120 State laws applicable. Nothing contained in this chapter shall be construed as
an attempt to modify in any way the laws of the state of Washington relating to police
relief and pension and/orthe existing rules and regulations of the civil service commission
pertaining to leaves of absence from the police department.
SECTION 3. Savings Clause. The ordinances and portions of resolution which are
repealed by this Ordinance remain in force and effect until the effective date of this Ordinance.
Such repeals must not be construed as affecting any existing right acquired under the ordinances
and resolution repealed or amended, nor as affecting any proceeding instituted thereunder, nor
any rule, regulation, or order promulgated thereunder, nor the administrative action taken
thereunder. Notwithstanding the foregoing actions, obligations under such ordinances in effect
on the effective date of this Ordinance continue in full force and effect, and no liability
thereunder, civil or criminal, is in any way modified. Further, it is not the intention of these
actions to reenact any ordinances or parts of ordinances previously repealed or amended, unless
this Ordinance specifically states such intent to reenact such repealed or amended ordinances.
SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect
on January 1, 2022, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14th day of December 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy`R1tt�son, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED: December 17, 2021
EFFECTIVE DATE: January 1, 2022
Ordinance No. 063-21
SPONSOR:
Jahn Clausori, �ouncilmember
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