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HomeMy WebLinkAboutord1993-071X'AATCOW COIRTF 011NCZ A004 BILZ Jy0 93 -398 CLEARANCES Initial Date Dale Received in Council Office: Aeenda date Assiened lo: `vator Sheriff ' '3RECEQVED, OCT 61993 WHATCOM COUNTY COUNCIL 10/12 Introduction Division Head: 10/26 Finance /Council Dept. Head: Prosecutor. � Purchasing/ Budget:: Executive: -- 5 SUBJECT.• •- ' Ordinance amending the ordinance establishing the Emergency Management Division within the Sheriff's Office (2.40), to clarify the status of employees within the Division. . ,4j0CM1YTY WCC 2.40 S l l 11. l lA R Y� S TA T� l l A NT Please complete sections of hox as appropriate & explain ZhelZew helox Related County contract Should Clerk schedule a hearing? NO /XXX/ YES /—/ Re uested dale: Amount budgeted for this item/project: Is it (or will it be) within budget? -YES / —/ NO / —/ (Please explain below) Budget line item number(s): T. - urrent or establishing the Emergency Management Division within the Sheriff's- Office does not clearly delineate the status of employees within the division vis -a -vis Civil Service. The effect of this ordinance would be to clearly state that Emergency Services Employees are not Civil Service Employees. This is entirely within the scope of applicable State and County law. The Emergency Management Employees would be hired and employed in accordance with the personnel policies and procedures of Whatcom County and other applicable laws and regulations. ORIGINATORSRhCO• ZIV,,PZPACTION.• The Sheriff recommends that the council adopt this ordinance. C 0�� l !l T l h h' A C T l 0 N T A� f' h i V C31/NC 1 4CTIONTfZV- 10/12/93: Introduction 10/26/93:. Council adopted the ordinance. 7 -0. Related F7e AmBhers• Ofdinance or Resolution NUrrfher this item onlyjord 93 -071: . ccvEMs.ora 10/04/93 SPONSORED BY: Laidlaw PROPOSED BY: Sheriff INTRODUCTION DATE: October 12, 1993 1 ORDINANCE NO. 93 -071 2 AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING 3 THE EMERGENCY MANAGEMENT DIVISION WITHIN THE SHERIFF'S OFFICE, 4 -- TO CLARIFY THE STATUS OF EMPLOYEES WITHIN THE DIVISION 5 WHEREAS, R.C.W. 41.14 mandates a civil service system for employees of the 6 Sheriff's Office; 7 WHEREAS, R.C.W. 38.52 calls for counties for provide emergency; management 8 services; . 9 WHEREAS, R.C.W. 38.52 allows, but does not mandate, counties to place 10 emergency management services under the direction of the Sheriff; 11 WHEREAS, R.C.W. 38.52.140 clearly implies that persons employed in the provision 12 of emergency management services must not necessarily have civil service status; J WHEREAS, Whatcom County Code 2.40 creates an "Emergency Management 14 Division" within the Sheriff's Office; 15 WHEREAS, the ordinance in its current form does not clearly delineate the status of 16 employees within the Emergency Management Division vis -a -vis Civil Service; 17 WHEREAS, the Council wishes to provide clarity on the issue of whether or not such 18 employees are civil service employees; 19 WHEREAS, the Council determines that it is in the best interest of the County and 20 The Emergency Management Division, and its employees, for employees not to be within the 21 County's Civil Service System; 22 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council That: 23 Section 1. The Whatcom County Code 2.40.040 shall die amended as follows: = ,� Page 1 1 2.40.040 It is the responsibility of the director to hire the division staff in accordance 2 with the personnel policies and procedures of the county and any other applicable laws and 3 regulations. Employees of 'the division shall not be included within the civil services stem 4 except those on leave from a civil service position shall be entitled to the protection of their 5 status as provided in R.C.W. 38.52.140 6 Section 2.. Adjudication of invalidity of any of the sections, clauses, or provisions of 7 this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part 8 thereof-,other than the part so declared to be invalid. 9 10 ADOPTED this 26th day of. octobei; 1993. 11 12 ATTEST: 13 14 Ramona Reeves, Council Clerk 15 APPROVED AS TO FORM: 17 Civil Deputy Prosecutor 18 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marge "dlaw, Council Chair (v jApproved () Denied Shirley Van ZAnten, cutive Date: i v - 2 -2 -5 3 page 2