Broken Arrow City Council
Meeting of: 11-09-15
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible adoption of Ordinance No. 3365 - CORRECTED, an ordinance amending Chapter 2, Administration, Article IX, Employee Rules and Regulations, Section 2-121, Attendance, of the Broken Arrow Code, to add Christmas Eve to the list of observed holidays for the City of Broken Arrow, Oklahoma; repealing all ordinances to the contrary; and declaring an emergency
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Background:
The City of Broken Arrow contracts with the Tulsa Business and Legal News and the Wagoner Tribune to meet its statutory requirements for legal notices and publications in Tulsa and Wagoner Counties. Recently, the Tulsa World purchased the Tulsa Business and Legal News, the Wagoner Tribune and the Broken Arrow Ledger. During the acquisition and reorganization process, several items sent for publication to the Tulsa Business and Legal News were inadvertently omitted. This resulted in publication in the Wagoner Tribune, but not the Tulsa Business Legal News.
State statute requires that before an Ordinance can become legally effective, it must first be published in a newspaper of general circulation within fifteen (15) days after its adoption by the governing body. The attached corrected ordinance is being submitted to the City Council for adoption so that all legal publication requirements will be met.
Council Members may recall the City of Broken Arrow has an established committee called the Employee Advisory Committee (EAC). The EAC provides a forum for the exchange of information and developments of interest to all employees. Its purpose is to encourage and recommend to the City Manager methods to achieve and maintain high standards of employee conduct and morale, strive to eliminate barriers and recommend programs that enhance employee growth and performance.
At the EAC meeting in July, 2015, the Committee recommended, through the Idea of the Month program, to add Christmas Eve to the approved list of City holidays. The EAC based this recommendation on the following points: survey of similar benchmark cities, low call volumes, and overall little to no impact upon customer service. The EAC surveyed eleven cities throughout the State of Oklahoma and found that a majority had Christmas Eve as an approved holiday. The closest comparison benchmark cities, Norman and Edmond, have Christmas Eve as a city holiday. Also, Governor Fallin, by Executive Order, includes Christmas Eve to the State of Oklahoma holiday schedule. The State holiday schedule has often been used as one of the major benchmarks used in the past for determining the holiday schedule.
After reviewing the information provided by the EAC, the Acting City Manager recommended the addition of Christmas Eve to the list of recognized City Holidays. Pursuant to this recommendation, on August 18, 2015, the City Council authorized Staff to prepare an amendment to the Code of Ordinances formalizing and effectuating this action. Importantly, however, unionized employees will continue to be subject to the holiday leave provisions of their respective collective bargaining agreements.
In accordance with the Council’s previous approval, the City Attorney has prepared the attached corrected ordinance which amends Section 2-151(e) of the Broken Arrow Code to provide the addition of Christmas Eve to the list of City holidays. Staff recommends that the Council adopt the Corrected Ordinance.
Cost: $0
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager
Human Resources Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ordinance No. 3365 - CORRECTED
Recommendation:
1. Adopt Ordinance No. 3365 - CORRECTED
2. Approve the emergency clause.