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HomeMy WebLinkAbout3965 Resolution - EO 2020-005.2RESOLUTION NO. 3965 A RESOLUTION OF THE CITY OF PASCO RATIFYING THE EMERGENCY ORDER RELATING TO NO. 2020-005.2 RELATED TO EXTENDING 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. and 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 2020-005.2 related to the 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- 005.2 was signed by the Mayor of Pasco, Washington. PASSED by the City Council of the City of Pasco, Washington this 1St day of June, 2020. Saul Martinez Mayor ATTEST: Debra Barham, CMC City Clerk Resolution — Ratifying EO 2020-5.2 — 1 APPROVED AS TO FORM: Kerr guson Law, PLLC G Attorney Exhibit A OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403 P.O. Box 293 • 525 North 3 I Ave. • Pasco, WA 99301 Emergency Order No. 2020-005.2 Extending Emergency Order No. 2020-005.1 www.pasco-wa.gov 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; and Emergency Order No. 2020-005.2 WHEREAS, Emergency Order 2020-005.1, Amending Emergency Order No. 2020-05, expires on June 2, 2020; and WHEREAS, a civil emergency pursuant to PMC 2.5 5.010 continues to exist. 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: 1. 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, continues to be 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, continues to be 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 to the employee upon separation. 5. This Order shall be extended until December 31, 2020 unless rescinded by separate order. DATED this2 �day of May, 2020. Saul Martinez, Mayor Attest: Debra Barham, CMC City Clerk Emergency Order No. 2020-005.2 2