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RES 2014-16 UNPAID HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCERESOLUTION NO. 2014-16 A RESOLUTION of the City Council of Bainbridge Island, Washington, implementing SSB 5173 relating to two unpaid holidays for city employees for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. WHEREAS, on March 31, 2014, the State Legislature approved, and Washington's Governor signed, Substitute Senate Bill 5173, which became effective on June 12, 2014 ( "SSB 5173 "); and WHEREAS, SSB 5173 provides that in all Washington cities, employees shall be entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization; and WHEREAS, SSB 5173 further provides that the employee may select the days on which the employee desires to take the two unpaid holidays after consultation with the employer pursuant to guidelines to be promulgated by ordinance or resolution of the legislative authority of the city; and WHEREAS, SSB 5173 also provides that the employer must allow the employee to take the holidays on days specified by the employee unless the employee's absence would impose an undue hardship on the employer or the employee is necessary to maintain public safety; and WHEREAS, the City Council desires to adopt this resolution in accordance with SSB 5173; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. The City Council hereby approves the provision of two unpaid holidays per calendar year for City employees, which unpaid holidays may be taken for the purposes of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. Such unpaid holidays may be taken on days selected by the employee after consultation with the employee's managers. The employee's managers shall evaluate requests by considering the desires of the employee, the impact on the City and the employee's program including, without limitation, scheduled work, anticipated peak workloads, response to unexpected emergencies, the availability, if any, of a qualified substitute, and consideration of the other factors that would constitute an undue hardship on the City. The unpaid holiday may not be taken on the day specified by the employee if to do so would impose an undue hardship on the City or the employee is necessary to maintain public safety. The term "undue hardship" has the meaning contained in the rule adopted by the Office of Financial Management to implement SSB 5173. The two unpaid holidays allowed by this section must be taken during the same calendar year, if at all; they do not carry over from one year to the next. Section 2. The City Council requests that the administration take the steps necessary to ensure the proper implementation of SSB 5173, with an effective date of June 12, 2014. Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. Section 4. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. PASSED by the City Council this 14th day of July, 2014. APPROVED by the Mayor this 14`h day of July, 2014. By: �4,, of . Anne S. Blair, Mayor ATTEST /AUTHENTICATE: Rosalind D. Lassoff, CMC City Clerk FILED WITH THE CITY CLERK: June 25, 2014 PASSED BY THE CITY COUNCIL: July 14, 2014 RESOLUTION NO. 2014 -16