AN ORDINANCE relating to City employment; amending Seattle Municipal Code Section 4.20.370 to reconcile it with planned changes to the public transit subsidy benefit offered to City employees; authorizing the execution of a Memorandum of Understanding between the City and certain City labor unions to amend collective bargaining agreements to reflect the benefit provided in Seattle Municipal Code Section 4.20.370; and ratifying and confirming prior acts.

WHEREAS, in support of the Washington Clean Air Act that required the City to adopt a Commute Trip Reduction program, the City has subsidized public transit and ferry use for City employees; and

WHEREAS, based on an analysis of bus ridership data from 2012 and 2013, it appears that the City would realize considerable savings by switching from a monthly fixed cost model ("Business Choice") to an annual model that is priced by actual ridership ("Passport"); and

WHEREAS, moving to Passport also provides a greater benefit at no additional cost to City employees who commute to work from longer distances; and

WHEREAS, Seattle Municipal Code Section 4.20.370 and the City's collective bargaining agreements as they are written do not adequately describe the City's transit subsidy program using the Passport product; and

WHEREAS, the Mayor and the City Council wish to further encourage the use of non-single occupancy vehicles for commuting by City employees, and to support employees who commute via public transit and ferries.

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Seattle Municipal Code Section 4.20.370, last amended by Ordinance 123361, is amended as follows:

SMC 4.20.370 Purchase of fare media.

To encourage commuting by municipal employees in other than single occupancy vehicles, and in accordance with the agreements authorized by Section 1 of Ordinance 116682, as a condition of municipal employment, the City shall pay up to the dollar value of a "peak" one-zone Puget Pass or equivalent transit item, per month per employee toward the purchase of transit (( and )) or ferry fare media by a City officer or employee. The fare media shall be purchased from the Director of Finance and Administrative Services for use in commuting to and from work or during working hours, and any incidental personal use thereafter, for so long as an appropriation has been made by ordinance or the City budget to provide for any deficit resulting to the City from such sales. (( The net price of the fare media to the officer or employee shall be the established rate less the City's payment up to the dollar value of a "peak" one-zone Puget Pass, or equivalent transit fare media. )) This transit subsidy benefit does not apply to employees covered by collective bargaining agreements unless authorized in their collective bargaining agreements.

Section 2. As requested by the Personnel Director and recommended by the Mayor, the Mayor is hereby authorized on behalf of the City to execute a Memorandum of Understanding between the City and certain City labor unions, substantially in the form attached to this ordinance as Attachment 1 and identified as "Memorandum of Understanding By and Between the City of Seattle and Certain City Unions." The Memorandum of Understanding between the City and those labor unions amends existing collective bargaining agreements to incorporate Seattle Municipal Code Section 4.20.370 into those agreements.

Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments

Attachment 1: Memorandum of Understanding By and Between the City of Seattle and Certain City Unions

David Stewart/David Bracilano/sb PER Transit Pass ORD April 17, 2013 Version #2a

Attachment 1: Memorandum of Understanding By and Between the City of Seattle and Certain City Unions

MEMORANDUM OF UNDERSTANDING

By and Between

CITY OF SEATTLE

And

CERTAIN CITY UNIONS

This Memorandum of Understanding ("MOU") is entered into between the City of Seattle ("City") and the unions signatory to this MOU ("Unions"). Collectively, the City and the Unions shall be known as "the Parties."

1. Most collective bargaining agreements contain provisions that increase the City's transit subsidy to an amount equal to the current monthly rate of a one-zone "peak" Puget Pass. The parties agree to amend their collective bargaining agreements to remove current existing language related to the transit pass subsidy and replace it with the language below. For collective bargaining agreements that do not contain this language, the following language shall be added to those collective bargaining agreements:

The City shall provide a transit subsidy benefit consistent with SMC 4.20.370.

2. Should the City propose changes to the transit subsidy provided on the signature date of this MOU, those changes shall be a proper subject of negotiation between the parties.

SIGNED this _______ day of ______________ 2013.

Executed under the Authority

of Ordinance No. _________

FOR THE CITY OF SEATTLE

_____________________ ____________________ __________________

Michael P. McGinn, David L. Stewart David Bracilano

Mayor Personnel Director Labor Relations Director

FOR THE CITY UNIONS

David Stewart/David Bracilano/sb PER Transit Pass ORD ATT 1 April 26, 2013 Version #3a

Attachment 1 to PER Transit Pass ORD 1