Record No: CB 118972    Version: 1 Council Bill No: CB 118972
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 5/22/2017
Ordinance No: Ord 125316
Title: AN ORDINANCE relating to City employment, commonly referred to as the First Quarter 2017 Employment Ordinance; designating positions as exempt from Civil Service status; amending Sections 4.20.315 and 4.20.320 of the Seattle Municipal Code; and ratifying and confirming certain prior acts; all by a 2/3 vote of the City Council.
Sponsors: Tim Burgess
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att 1 - Summary of Actions, 3. Signed Ordinance 125316, 4. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to City employment, commonly referred to as the First Quarter 2017 Employment Ordinance; designating positions as exempt from Civil Service status; amending Sections 4.20.315 and 4.20.320 of the Seattle Municipal Code; and ratifying and confirming certain prior acts; all by a 2/3 vote of the City Council.

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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Designating Nine Positions as Exempt from Civil Service Status. As recommended by the Seattle Human Resources Director in the Classification Determination Report specified, the following positions are designated as exempt from Civil Service as noted below, pursuant to Seattle Municipal Code Section 4.13.010:

-                     One vacant position (00011615) in the Department of Neighborhoods; Manager 2, General Government designated to Strategic Advisor 2, Exempt (Report #16-15580).

-                     One vacant position (10003409) in the Seattle Department of Information Technology; Information Technology Professional B-BU designated to Information Technology Professional A, Exempt (Report #16-15659).

-                     One vacant position (00021193) in the Seattle Department of Information Technology; Manager 2, Information Technology designated to Information Technology Professional A, Exempt (Report #16-15676).

-                     One filled position (00025014) in the Seattle Office of Economic Development; Community Development Specialist, Senior designated to Strategic Advisor 1, Exempt (Report #16-15708).

-                     One filled position (10005187) in the Seattle Office of Economic Development; Community Development Specialist designated to Strategic Advisor 1, Exempt (Report #16-15709).

-                     One vacant position (00010198) in the Seattle Department of Parks & Recreation; Manager 2, Parks & Recreation designated to Executive 2 (Report #17-15740).

-                     One vacant position (00010951) in the Seattle Department of Human Resources; Benefits Assistant designated to Manager 3, Exempt (Report #17-15748).

-                     One vacant position (00026312) in the Seattle Department of Human Resources; Workers’ Compensation Analyst, Senior designated to Strategic Advisor 1, Exempt (Report #17-15768).

-                     One vacant position (00016001) in the Seattle Department of Human Resources; Workers’ Compensation Supervisor designated to Manager 3, Exempt (Report #17-15770).

                     Section 2. Section 4.20.315 of the Seattle Municipal Code, last amended by Ordinance 117259, is amended as follows:

4.20.315 Overtime for eligible professional, administrative, and executive employees ((.))

A. Regular professional, administrative, and executive officers and employees who are assigned to a classification with a top salary step less than the top salary step of pay range 36.5 and who, pursuant to specific directions of the department director or such director's designee, are ordered to work more than ((forty ())40(())) hours in one (((1))) workweek shall be compensated at the rate of time-and-one-half for all hours worked in excess of ((forty ())40(())), unless excluded by subsection 4.20.315.B((, below)).

B. The following employees shall be excluded from the provisions of ((Section)) subsection 4.20.315.A:

1. Employees who are exempt from or are not otherwise covered by provisions of the Fair Labor Standards Act who work in the Executive Department, the Legislative Department, or the Law Department;

2. Department Directors who receive vacation allowance pursuant to ((SMC)) Section 4.34.030 and employees who receive vacation allowance pursuant to Section 4.34.035;

3. Employees of the Municipal Court who are not covered by the Fair Labor Standards Act;

4. Employees who are working pursuant to a collective bargaining agreement;

5. All employees employed by the Seattle Public Library.

                     Section 3. Seattle Municipal Code subsection 4.20.320.C, last amended by Ordinance 123590, is amended as follows:

4.20.320 Executive and Merit leave for eligible employees

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C. Exclusions

1. Department Directors who receive vacation allowance pursuant to Section 4.34.030 shall be excluded from Section 4.20.315 and this Section 4.20.320. Employees who receive vacation allowance pursuant to Section 4.34.035 shall also be excluded from Section 4.20.315 and this Section 4.20.320. Employees who are working pursuant to a collective bargaining agreement shall also be excluded from Section 4.20.315 and this Section 4.20.320 except as provided for in subsection 4.20.320.B.4 ((of this Section 4.20.320)). All employees employed by the Seattle Public Library are specifically excluded from all provisions of Section 4.20.315 and this Section 4.20.320.

2. Emergency ((Response Employees)) response employees. In order to ensure continued effective response to public emergencies, all emergency response employees who work in position titles designated in subsection 4.20.320.A.2((. of this Section 4.20.320)) shall be eligible for overtime or compensatory time at the rate of time-and-one-half for all hours worked in excess of 40 during one workweek. Emergency response employees shall not receive executive or merit leave benefits.

3. Class ((Series Exception)) series exception. If at least one position title in a class series is below the 36.5 salary range, then all position titles in the class series up through and including the "senior" level will be eligible for overtime and shall not receive executive or merit leave benefits. This Section does not apply to eligible employees in the Executive Department, the Law Department, and the Legislative Branch.

                     Section 3. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is ratified and confirmed.

 

 

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by a 2/3 vote of all the members of the City Council the ________ day of _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017.

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President ____________ of the City Council

Approved by me this ________ day of _________________________, 2017.

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Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2017.

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Monica Martinez Simmons, City Clerk

(Seal)