Title
AN ORDINANCE EXCUSING AN ELECTED OFFICIAL FROM ATTENDANCE AT COUNCIL MEETINGS FOR THOSE REASONS CONSISTENT WITH FAMILY AND MEDICAL LEAVE ACT (FMLA).
Brief Description: Clarifies that a member of council would be excused during parental leave consistent with FMLA, which does not generally apply to elected officials. The Charter does not define an excused absence as it applies to meetings of Council and this would provide an excused absence for any reason consistent with City personnel policy.
Body
Legislative History
City of Hudson Charter §3.13
Purpose & Explanation
Under the Charter, §3.13 a member of council may be removed for certain reasons including “absence without justifiable excuse from three (3) consecutive regular meetings of Council.” Proposed legislation would clarify that absence that would otherwise be excused under a reason set forth pursuant to FMLA would be a “justifiable excuse” for absence at more than three (3) regular meetings of council.
By law,FMLA does not apply to elected officials, but other city employees are covered by its provisions which include the birth of a child/parental leave, military service and to care for certain close relatives, of up to 12 weeks (unpaid) and job protection. The federal government permits up to 12 weeks of paid leave under FEPLA and some states are considering provisions which provide provisions for paid leave that are more broad than the federally mandated provision, including covering elected officials. FMLA specifically excepts certain officials from coverage including elected officials and their advisory staff, as follows:
(iii) Any individual employed by a State, political subdivision of a State, or an interstate governmental agency, other than such an individual-
(A) Who is not subject to the civil service laws of the State, political subdivision, or agency which employs the employee; and
(B) Who-
(1) Holds a public elective office of that State, political subdivision, or agency,
(2) Is selected by the holder of such an office to be a member of his personal staff,
(3) Is appointed by such an officeholder to serve on a policy-making level,
(4) Is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of the office of such officeholder, or
(5) Is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency.
If enacted, the provision could be administered through the City’s HR, requiring no action by council to excuse a qualifying absence.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
No
Recommendation
Suggested Action
Staff takes no position on this matter as it involves the self-regulation of council; pursuant to Charter, council is vested with the power to determine the qualifications of its members.
Submitted by,
Thomas Sheridan, City Manager
John Kolesar, City Solicitor