HomeMy WebLinkAbout3952 Resolution - Ratifying EO 2020-005RESOLUTION NO. 3952
A RESOLUTION OF THE CITY OF PASCO RATIFYING
EMERGENCY ORDER NO. 2020-005.1 RELATED TO TEMPORARY
CHANGE IN LEAVE POLICIES.
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a
world-wide pandemic, and
WHEREAS, the purpose of the emergency order allows the City, including its businesses
and community members, to continue to conduct business, ensuring that the safety of everyone is
secured, while maintaining the needed services for all; and
WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such
(emergency) orders shall, at the next regular or special meeting of the City Council, following the
date the orders are issued, be presented to the City Council for ratification and confirmation by
resolution of the City Council and if not so ratified and confirmed, shall be of no further effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Be It Resolved, that the City Council confirms and ratifies Emergency Order 2020-005.1
related to temporary change in leave policies as presented in EXHIBIT A, attached hereto, and
Be It Further Resolved, that this Resolution takes effect the date Emergency Order 2020-
005.1 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this 6th day of April, 2020.
Saul Martinez
Mayor
ATTEST:
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Debra Barham, CMC
City Clerk
Resolution: Ratifying EO 2020-005.1 - 1
APPROVED AS TO FORM:
Kerr rguson Law, PLLC
y Attorney
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OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 • 525 North 31d Ave. • Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-005.1
Amending Emergency Order No. 2020-005
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 plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents will be exposed to the virus; and
WHEREAS, City provides essential functions within the community and a healthy
workforce is critical to continuity of such services; and
WHEREAS, existing personnel and leave policies do not contemplate an epidemic of this
nature and may not sufficiently deter such employees from reporting to City facilities; and
WHEREAS, PMC 2.105.270 and 2.105.180 limits employee's ability to utilize accrued
vacation and sick leave during probationary period; and
WHEREAS, PMC 2.105.280 limits employee's time off with pay covering periods of
illness or involuntary physical incapacity to the extent that sick leave has accrued;
WHEREAS, existing personnel and leave policies do not allow employees to receive
advanced emergency leave due to extraordinary medical circumstances.
Emergency Order No. 2020-005.1
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted
to me under the Proclamation of Emergency that:
The above recitals are true and correct in all respects;
2. The code provisions of PMC 2.105.270 and 2.105.180 and any other provisions of
the Pasco Municipal Code as they relate to prohibition of probationary employee from utilization
of earned sick and vacation leave, are hereby suspended;
3. The code provisions of PMC 2.105.280 and any other provisions of the Pasco
Municipal Code as they relate to accrual of sick leave, are hereby suspended, only to the extent
necessary, to authorize the City Manager to provide those employees, without adequate sick or
vacation leave balances, up to eighty (80) hours of advanced emergency leave in the case of a City
employee or their family member having tested positive, is presumed positive, or assumed
positive, or the employee's child's school or place of care has been closed for reasons related to
COVID-19;
4. Employees utilizing advanced emergency leave under this order shall pay back the
time through a portion of future earned sick or vacation leave accruals until the amount of
advanced emergency leave utilized is extinguished, or is deducted from any pay due the employee
upon separation;
5. This Order shall be in effect for 60 days unless extended or terminated by separate
written order.
DATED this 3 day of April, 2020.
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Saul Martinez, Mayor
Attest:
Debra Barham, CMC
City Clerk
Emergency Order No. 2020-005.1