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HomeMy WebLinkAbout09693As Amended March 23, 2020 ORDINANCE NO. 9693 AN ORDINANCE APPROVING AND ADOPTING THE COVID-19 EMERGENCY RESPONSE AUTHORITY WITH RESPECT TO CITY PERSONNEL BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The COVID-19 Emergency Response Authority with Respect To City Personnel (“COVID-19 Authority”), a true and correct copy of which is attached hereto, labelled Exhibit A and incorporated herein, is hereby approved and adopted. SECTION 2. With respect to unclassified employees and classified, non-bargaining unit employees of the City, the provisions of the COVID-19 Authority shall supersede any and all conflicting ordinances of the City. SECTION 3. To the extent the sole and exclusive bargaining agent for a bargaining unit has executed an acceptable waiver, the provisions of the COVID-19 Authority shall apply to employees of said bargaining unit notwithstanding any conflict with the parties collective bargaining agreement or City ordinance. To the extent no such waiver is executed and with respect to any such bargaining unit employees, the City may implement any provision of the COVID-19 Authority which is an exercise of management rights or which does not otherwise violate any provision of the applicable collective bargaining agreement. SECTION 4. With respect to the recently passed federal legislation entitled “Families First Coronavirus Response Act” (the “Act”), the Mayor is authorized to exclude City employees who are health care providers or emergency responders from application of the Act, including any sections of the Act, to the fullest extent permitted by the Act. SECTION 5. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein and the COVID-19 Authority. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. This Ordinance shall be automatically repealed effective December 31, 2020 unless extended by Ordinance. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 9, 2020 . Final adoption of Ordinance by City Council on March 23, 2020 . President of City Council Action by the Mayor: ☒ Approved on March 25, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: TO: President Dennis E. Flores and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Mayor Nicholas A. Gradisar Marisa Pacheco, Director of Human Resources Robert P. Jagger, Sr. Asst. City Attorney SUBJECT: AN ORDINANCE APPROVING AND ADOPTING THE COVID-19 EMERGENCY RESPONSE AUTHORITY WITH RESPECT TO CITY PERSONNEL SUMMARY: The proposed Ordinance approves and adopts the COVID-19 Emergency Response Authority with Respect To City Personnel (“COVID-19 Authority”) to plan for employment related issues in case of an outbreak of the Coronavirus Disease 2019 (“COVID-19”). PREVIOUS COUNCIL ACTION: None BACKGROUND: In the event of a declared emergency based upon an outbreak of COVID-19 in the State of Colorado, it is recommended that the City have the flexibility which does not exist under current ordinances to take appropriate action to protect its personnel and the public which they serve. The COVID-19 Authority to be adopted and approved by this Ordinance authorizes the Mayor to implement a number of employment actions during any period of a declared emergency under state or local law based upon an outbreak of COVID-19 in the State of Colorado. The employment actions are not automatically implemented but can be implemented based on the situation which arises and as deemed warranted by the Mayor. The employment actions authorized are based upon recommended strategies of the Center for Disease Control and Prevention. The provisions of the COVID-19 Authority and the authority of the Mayor thereunder would apply to all unclassified employees and classified, non-bargaining unit employees of the City, but would not apply to bargaining unit employees unless and until the bargaining unit has executed an acceptable waiver for the benefit of the City. FINANCIAL IMPLICATIONS: Unknown. As the availability and use of leave may be expanded, there would be an increase in costs, but if utilized and effective in limiting the spread of COVID-19, the City would avoid greater costs not only to itself but also to the public it serves. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Not approve the Ordinance, in which case, the Mayor would not have the flexibility provided by the COVID-19 Authority during any period of a declared emergency based upon an outbreak of COVID-19 in the State of Colorado RECOMMENDATION: Pass and approve the proposed Ordinance. Attachments: COVID-19 Emergency Response Authority with Respect To City Personnel. As Amended March 23, 2020 Exhibit A COVID-19 EMERGENCY RESPONSE AUTHORITY WITH RESPECT TO CITY PERSONNEL During any period of a declared emergency under state or local law based upon an outbreak of the Coronavirus Disease 2019 (“COVID-19”) within the State of Colorado, the Mayor may implement any or all of the following actions: (a) Authorize Department Directors to send an employee home if the employee is in any manner exhibiting COVID-19 symptoms. The employee shall be paid for such absence(s) from any available paid leave including sick leave, vacation leave, personal holidays, and accrued compensatory time. (b) Authorize an employee to be absent and to use any available paid leave including sick leave, vacation leave, personal holidays, and accrued compensatory time where the employee is subject to a lawfully issued quarantine order or where the employee decides to self-quarantine in the following circumstances: (a) a member of employee’s household was diagnosed with or has exhibiting COVID-19 symptoms, (b) employee has had close contact with a person who has been diagnosed with COVID-19, or (c) employee has had close contact with a person who has recently travelled to a country for which the CDC has issued a level 3 travel health notice because of COVID-19. With respect to any employee excluded from coverage under the recently enacted federal legislation entitled “Emergency Paid Sick Leave Act,” the Mayor is authorized to extend up to 80 hours of paid administrative leave where the employee is unable to work (or telework) due to a need for leave for any of the reasons set forth in Section 5102(a)(1)-(3) of said Act or other similar reason that the Mayor deems beneficial to the City. (c) Authorize the advancement of unaccrued sick leave should an employee have no available paid leave or paid time off, which leave shall be repaid as subsequently accrued. (d) Release an employee from any obligation to obtain a medical certificate for paid sick leave benefits. (e) Require any employee who is returning to work to contact the Department of Human Resources which shall serve as a screening agency and use the criteria provided by the CDC and the Pueblo City-County Health Department to determine if the employee will be able to return to work. The Department of Human Resources may consult with a physician as necessary. Under certain circumstances (e.g. employee had or has COVID-19 symptoms, employee is returning from an area where COVID-19 is or was epidemic, member of employee’s household was diagnosed with COVID-19), an employee may be prohibited from reporting to work or returning to work until cleared by a physician. As Amended March 23, 2020 (f) Institute other work options including, but not be limited to, telecommuting, staggered work hours, work schedule adjustments or flexible work hours to minimize contact among employees and between employees and citizens and to assure minimum staffing is maintained. (g) Issue written directives concerning respiratory and cough etiquette, appropriate respiratory protection, proper and frequent hand washing, and the use of anti-bacterial products. Any employee who fails to comply with such directives may be subject to discipline. (h) Authorize the use of injury leave for an employee notwithstanding whether the employee receives Workers’ Compensation temporary disability benefits where the employee is subject to a lawfully issued quarantine order based upon exposure to COVID-19 in the course of employment.