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04/03/2012 04G Group Health Insurance Changes; YMC Addition 2.04.030 C; YMC Deletion 2.04.060 Ir '� � I i ' .�' f V b . ' r> _ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 4 �. For Meeting of: April 3, 2012 ITEM TITLE: Ordinance amending Chapter 2.04 entitled "Group • Insurance" of the City of Yakima Municipal Code, specifically by adding a new section 2.04.030 C on authority to exempt certain positions from the health care plan, and deleting 2.04.060 entitled "Physical Examination ". SUBMITTED BY: City Manager's Office and Legal Department CONTACT Michael A. Morales, Interim City Manager, 575 -6040 PERSON/TELEPHONE: • SUMMARY EXPLANATION: The proposed amendment adds a new section relating to health care insurance which is for the purpose of recruitment only for the specific positions of city manager, chief of police, fire chief, city attorney, director of public works, director of community and economic development, and director of finance, when a person to whom an offer of employment is made has an existing health care plan from their former employment that they desire to maintain upon employment with the City. The amendment provides authority to agree to compensate that person for the cost to that person to maintain their present health care plan, up to but not to exceed the amount the City's health care plan would otherwise have contributed to their health care costs for similar coverage under the City's health care plan. The City's contribution for the health care allowance would never be more than the City would have contributed if the employee had similar coverage under the City health care plan. The second amendment is a housekeeping measure to delete YMC 2.04.060 entitled "Physical Examination ", which has not been used for several years. Physical examinations are currently covered through the City health care plan. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: ORDINANCE NO. 2012 - AN ORDINANCE relating to Group Insurance for employees of the City of Yakima; amending Chapter 2.04 entitled "Group Insurance" of the City of Yakima Municipal Code, specifically by adding a new section 2.04.030 C on authority to exempt certain positions from the health care plan, and deleting 2.04.060 entitled "Physical Examination ". BE IT ORDAINED BY THE CITY OF YAKIMA: Chapter 2.04 GROUP INSURANCE Sections: 2.04.010 Health care plan. 2.04.020 Definitions. 2.04.030 City contributions. 2.04.040 Hospital and medical insurance — Retired employee and dependent coverage. 2.04.050 Dental insurance plan— Retired employee coverage. • 2.04.060 Physical examination. 2.04.100 Welfare benefit program. 2.04.010 Health care plan. The city is self- insured for its medical and dental insurance plans (hereafter referred to in YMC 2.04.010, 2.04.020 and 2.04.030 as the "health care plan "). The health care plan includes medical, dental and vision coverage for city employees as defined in the health care plan and for members of the city council. The medical and dental insurance plans are administered for the city by third party administrators. The city manager of the city of Yakima is authorized to enter into a contract or contracts with third party administrators to administer the medical and dental insurance plans. The health care plan shall be on file in the human resources division of the city. (Ord. 2008 -57 § 1, 2008: Ord. 1757 § 1, 1975; Ord. 1750 § 1, 1975; Ord. 1744 § 1, 1975; Ord. 758, 1965: Ord. 149 § 1, 1960). 2.04.020 Definitions. "Cost of coverage" means the average monthly cost of coverage for the health care plan as determined from time to time by the city's health care administrator, the city's employee benefits broker, and /or the city manager. The final decision on the cost of coverage shall be made by the city manager. Such determination shall be final and binding. (Ord. 2008 -57 § 2, 2008). APPROVED FOR City Manager SUBMITTAL: - STAFF RECOMMENDATION: Staff respectfully requests the City Council to pass the amendments to the Ordinance involving group insurance for the City's health care plan. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download An Ordinance relating to Group Insurance for employees of the City of Yakima; amending Chapter 2.04 entitled "Group Insurance" of the City of Yakima Municipal Code, specifically by adding a new section 2.04.030 C on authority to exempt certain positions f fl An Ordinance relating to Group Insurance for employees of the City of Yakima; amending Chapter 2.04 entitled "Group Insurance" of the City of Yakima Municipal Code, specifically by adding a new section 2.04.030 C on authority to exempt certain positions f 2.04.030 City contributions. A. Life Insurance Plan. 1. Effective October 24, 1991, the city shall provide a fully paid life insurance policy in an amount equal to the annual salary for all management employees as defined in subsection B of this section, as well as for the chief, deputy chiefs and battalion chiefs of the Yakima fire department and the chief, deputy chief, captains and lieutenants of the Yakima police department. 2. For all employees covered by a collective bargaining agreement, the city shall provide a life insurance policy in the amount required in the applicable collective bargaining agreement. B. Health Care Plan. The city shall contribute toward the payment of the monthly cost of coverage of the health care plan in the following manner for each group of employees or positions, respectively: 1. Represented Employee Contributions. For all employees covered by a collective bargaining agreement, the city shall pay its portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining agreement, and the employee shall pay his or her portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining agreement. 2. Management Employee Contributions. a. "Management employee" means any nontemporary employee in the management series, executive support series and executive series as defined by YMC 2.20.100; in the public safety management series as defined by YMC 2 20.110; and any other nontemporary employee in YMC 2.20.100(D) who is not a member of any collective bargaining unit recognized by the city. b. "Member of the city council" means any person holding the office of city of Yakima council member, who elects to pay the entire cost of coverage of the city of Yakima health care plan. c. From January 1, 2009, on, except for the chief, deputy chiefs, and battalion chiefs in the fire department and the chief, deputy chief, captains and lieutenants in the police department, or unless otherwise provided in the applicable collective bargaining agreement, the following provisions apply: All management employees shall pay the first fifty dollars of the total monthly cost of coverage under the health care plan for the employee through a monthly payroll deduction. If an employee only is covered in the health care plan and the employee has no spouse or -2- dependents in the health care plan, then the city shall pay the balance of the employee -only unit cost in excess of the first fifty dollars that the employee pays. For a management employee with a spouse and /or dependents in the health care plan, any cost of coverage for the management employee with a spouse and /or dependents in the plan in excess of the first fifty dollars that the employee pays shall be paid by the management employee through a monthly payroll deduction based on the following percentages on the remaining balance above the first fifty dollars: the employee shall pay at the rate of twenty -five percent of the balance of the remaining total monthly cost of coverage, and the city shall contribute the remaining seventy -five percent of the balance of the total monthly cost of coverage. d For the chief, deputy chief, captain and lieutenants of the Yakima police department and the chief, deputy chiefs and battalion chiefs of the Yakima fire department, unless otherwise provided in an applicable collective bargaining agreement, the city shall pay the total monthly cost of coverage under the health care plan for the employee. If the chief, deputy chief, captain and lieutenants of the Yakima police department and the chief, deputy chiefs and battalion chiefs of the Yakima fire department have a spouse and /or dependents in the health care plan, then the employee shall pay through a monthly payroll deduction at the rate of fifty percent of the monthly dependent unit cost of coverage for the employee's spouse and /or dependents, and the city shall contribute the remaining fifty percent of the total monthly dependent unit cost of coverage for the employee's spouse and /or dependents, unless otherwise provided in an applicable collective bargaining agreement. (Ord 2008 -57 § 3, 2008: Ord. 97 -28 § 1, 1997; Ord. 96 -66 § 1, 1996; Ord. 93 -84 § 1, 1993: Ord. 3403 § 1, 1991; Ord 3325 § 1, 1990; Ord. 3252 § 1, 1990; Ord. 2688 § 1, 1983; Ord. 2266 § 1, 1979, Ord. 2265 § 1, 1979; Ord. 2153 § 1, 1978; Ord. 1750 §§ 2, 3, 1975; Ord. 1744 §§ 2, 3, 1975; Ord. 1614 § 1, 1974: Ord. 1474 § 1, 1972: Ord 1081 § 1, 1968: Ord. 758, 1965: Ord. 319 § 1, 1962. Ord. 149 § 3, 1960). C. Authority to Exempt Certain Positions from Health Care Plan. Pursuant to YMC Chapter 2.04, the city manager and the heads of the city departments are entitled to be covered by the city's employee health care plan. This section 2 04.030 C is limited to and for the purpose of recruitment only for the specific positions of city manager, chief of police, fire chief, city attorney, director of public works, director of community and economic development, and director of finance, when the person to whom an offer of employment is made has an existing health care plan from his or her former employment that he or she desires to maintain upon employment with the city. In that event, then the city council for the city manager position, and the city manager for the department head positions, have the authority to agree in writing to compensate that person for the cost to him or her to maintain his or her present health -3- care plan, up to but not to exceed the amount the city's health care plan would otherwise have contributed to his or her health care costs for similar coverage under the city's health care plan. This health care cost payment shall be included with the employee's monthly compensation amount as a separate item and shall be treated as a taxable benefit subject to normal withholding taxes. The city's contribution for the health care allowance shall not be included in any calculations as base pay. If, and at such time as the city employee's prior health care plan becomes fully paid and no longer requires financial contributions from him or her to maintain his or her health care coverage, the city's obligation to contribute toward that health care coverage shall cease. In no event shall the city's contribution for the health care allowance be more than the city would have contributed if the employee had similar coverage under the city health care plan. In addition, in the event that the employee's prior health care coverage ends and the employee desires to enroll in the city health care plan, that employee may do so provided the employee' complies with the enrollment requirements for the city health care plan. 2.04.040 Hospital and medical insurance — Retired employee and dependent coverage. A. Retired Employees. The following described retired city employees shall be eligible to remain enrolled in the group hospital and medical insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty -five years of age by paying a premium (including the premium for dependents, if enrolled) equal to the actual group rate for • coverage of active city employees and enrolled dependents: 1. City employees who retire on or after January 1, 1982, and who at the time of their retirement work in positions within the bargaining unit of the American Federation of State, County and Municipal Employees, Local 1122; and 2. City employees who retire on or after January 1, 1983, and who at the time of their retirement work in any of the following positions: a All fire department positions, b. All commissioned police department officers, c. All employees in exempt classifications specified by YMC 2.20.100, and d. All other positions defined by the policy as being eligible for coverage. B. Spouses of Retired Employees. Spouses of retired commissioned police department officers, retired fire chiefs and deputy fire chiefs and retired employees who, at the time of retirement, were in exempt classifications specified by YMC 2.20.100, which spouses are otherwise eligible for coverage under provisions of the insurance policy, shall be eligible to remain enrolled in the group hospital and medical insurance plan until those spouses reach the age of sixty -five years (or in the case of spouses of deceased retirees, until the spouse -4- remarries) by paying a premium equal to the actual group rate for enrolled dependents. (Ord. 2835 § 1, 1985: Ord. 2749 § 1, 1984: Ord. 2686 § 2, 1983). 2.04.050 Dental insurance plan— Retired employee coverage. A. Retired Employees. The following described retired city employees who retire on or after January 1, 1983, shall be eligible to remain enrolled in the group dental insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty -five years of age by paying a premium (including the premium for dependents, if enrolled) equal to the actual group rate for coverage of active city employees and enrolled dependents: 1. Chief and deputy chief of Yakima fire department; 2. Chief, captains and lieutenants of the Yakima police department; and 3. All employees in exempt classifications specified by YMC 2.20.100. B. Spouses of employees retired from positions specified in subsection A of this section, which spouses are otherwise eligible for coverage under provisions of the insurance policy, shall be eligible to remain enrolled in the group dental insurance plan until those spouses reach the age of sixty -five years (or in the case of spouses of deceased retirees, until the spouse remarries) by paying a premium equal to the actual group rate for enrolled dependents. (Ord. 2835 § 2, 1986). 2.04.100 Welfare benefit program. A. The city of Yakima employees' welfare benefit program, attached as Appendix 1 to the ordinance codified in this section and incorporated herein by reference, is adopted and approved. B. The city manager, or his designee, shall be authorized and directed to perform all management, administration and other responsibilities of the city under the city of Yakima's employees' welfare benefit program, except as expressly provided by such program or as required by law. C. The participation agreements between the city and the Washington State Council of County and Municipal Employees, Washington State Council of County and City Employees, AFSCME, Local 1122, AFL -CIO ( "AFSCME "); Yakima Police Patrolmans Association ( "YPPA ") and Local 469, International Association of Firefighters, AFL -CIO, attached to the ordinance'codified in this section as Appendices 2, 3, 4 and 5, respectively and incorporated herein by reference, are approved, and the city manager is authorized and directed to execute said participation agreement. -5- D. The Yakima Air Terminal may join the city's employee welfare benefit program and its management employees and duly represented employees may participate in plans thereunder by action of the airport terminal board. E. In the event that there is a conflict between any provision of this section or any provision of the employee welfare benefit program and any other section of this chapter, this section and the employee welfare benefit program shall take precedence. (Ord. 94 -9 § 3, 1994). SECTION 1. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of April, 2012. • Micah Cawley, Mayor ATTEST: City Clerk Ordinance No.: Publication Date: Effective Date: -6- ORDINANCE NO. 2012 - AN ORDINANCE relating to Group Insurance for employees of the City of Yakima; amending Chapter 2.04 entitled "Group Insurance" of the City of Yakima Municipal Code, specifically by adding a new section 2.04.030 C on authority to exempt certain positions from the health care plan, and deleting 2.04.060 entitled "Physical Examination ". BE IT ORDAINED BY THE CITY OF YAKIMA: Chapter 2.04 GROUP INSURANCE Sections: 2.04.010 Health care plan. 2.04 020 Definitions. 2.04.030 City contributions. 2.04.040 Hospital and medical insurance — Retired employee and dependent coverage. 2.04.050 Dental insurance plan— Retired employee coverage. 2.04 060 Physical examination. 2.04.100 Welfare benefit program. 2.04.010 Health care plan. The city is self- insured for its medical and dental insurance plans (hereafter referred to in YMC 2.04.010, 2.04.020 and 2.04.030 as the "health care plan "). The health care plan includes medical, dental and vision coverage for city employees as defined in the health care plan and for members of the city council. The medical and dental insurance plans are administered for the city by third party administrators. The city manager of the city of Yakima is authorized to enter into a contract or contracts with third party administrators to administer the medical and dental insurance plans. The health care plan shall be on file in the human resources division of the city. (Ord. 2008 -57 § 1, 2008: Ord. 1757 § 1, 1975; Ord. 1750 § 1, 1975; Ord. 1744 § 1, 1975; Ord. 758, 1965: Ord. 149 § 1, 1960). 2.04.020 Definitions. "Cost of coverage" means the average monthly cost of coverage for the health care plan as determined from time to time by the city's health care administrator, the city's employee benefits broker, and /or the city manager. The final decision on the cost of coverage shall be made by the city manager. Such determination shall be final and binding. (Ord. 2008 -57 § 2, 2008). SECTION 1. A new paragraph C is added to chapter 2 04 030 of the Yakima Municipal Code to read as follows: 2.04.030 City contributions. A. Life Insurance Plan. 1. Effective October 24, 1991, the city shall provide a fully paid life insurance policy in an amount equal to the annual salary for all management employees as defined in subsection B of this section, as well as for the chief, deputy chiefs and battalion chiefs of the Yakima fire department and the chief, deputy chief, captains and lieutenants of the Yakima police department. 2. For all employees covered by a collective bargaining agreement, the city shall provide a life insurance policy in the amount required in the applicable collective bargaining agreement. B. Health Care Plan. The city shall contribute toward the payment of the monthly cost of coverage of the health care plan in the following manner for each group of employees or positions, respectively: 1. Represented Employee Contributions. For all employees covered by a collective bargaining agreement, the city shall pay its portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining • agreement, and the employee shall pay his or her portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining agreement. 2. Management Employee Contributions. a. "Management employee" means any nontemporary employee in the management series, executive support series and executive series as defined by YMC 2.20.100; in the public safety management series as defined by YMC 2.20.110; and any other nontemporary employee in YMC 2.20.100(D) who is not a member of any collective bargaining unit recognized by the city. b. "Member of the city council" means any person holding the office of city of Yakima council member, who elects to pay the entire cost of coverage of the city of Yakima health care plan. c. From January 1, 2009, on, except for the chief, deputy chiefs, and battalion chiefs in the fire department and the chief, deputy chief, captains and lieutenants in the police department, or unless otherwise provided in the applicable collective bargaining agreement, the following provisions apply: All management employees shall pay the first fifty dollars of the total monthly cost of coverage under the health care plan for the employee through a monthly payroll deduction. If an employee only is covered in the health care plan and the employee has no spouse or -2- dependents in the health care plan, then the city shall pay the balance of the employee -only unit cost in excess of the first fifty dollars that the employee pays. For a management employee with a spouse and /or dependents in the health care plan, any cost of coverage for the management employee with a spouse and /or dependents in the plan in excess of the first fifty dollars that the employee pays shall be paid - by the management employee through a monthly payroll deduction based on the following percentages on the remaining balance above the first fifty dollars: the employee shall pay at the rate of twenty -five percent of the balance of the remaining total monthly cost of coverage, and the city shall contribute the remaining seventy -five percent of the balance of the total monthly cost of coverage. d. For the chief, deputy chief, captain and lieutenants of the Yakima police department and the chief, deputy chiefs and battalion chiefs of the Yakima fire department, unless otherwise provided in an applicable collective bargaining agreement, the city shall pay the total monthly cost of coverage under the health care plan for the employee. If the chief, deputy chief, captain and lieutenants of the Yakima police department and the chief, deputy chiefs and battalion chiefs of the Yakima fire department have a spouse and /or dependents in the health care plan, then the employee shall pay through a monthly payroll deduction at the rate of fifty percent of the monthly dependent unit cost of coverage for the employee's spouse and /or dependents, and the city shall contribute the remaining fifty percent of the total monthly dependent unit cost of coverage for the employee's spouse and /or dependents, unless otherwise provided in an applicable collective bargaining agreement. (Ord. 2008 -57 § 3, 2008: Ord. 97 -28 § 1, 1997; Ord. 96 -66 § 1, 1996; Ord. 93 -84 § 1, 1993: Ord. 3403 § 1, 1991; Ord. 3325 § 1, 1990; Ord. 3252 § 1, 1990; Ord. 2688 § 1, 1983; Ord. 2266 § 1, 1979; Ord 2265 § 1, 1979; Ord. 2153 § 1, 1978; Ord. 1750 §§ 2, 3, 1975; Ord. 1744 §§ 2, 3, 1975; Ord. 1614 § 1, 1974: Ord. 1474 § 1, 1972: Ord. 1081 § 1, 1968: Ord. 758, 1965: Ord. 319 § 1, 1962: Ord. 149 § 3, 1960). C. Authority to Exempt Certain Positions from Health Care Plan. Pursuant to YMC Chapter 2.04, the city manager and the heads of the city departments are entitled to be covered by the city's employee health care plan. This section 2.04.030 C is limited to and for the purpose of recruitment only for the specific positions of city manager, chief of police, fire chief, city attorney, director of public works, director of community and economic development, and director of finance, when the person to whom an offer of employment is made has an existing health care plan from his or her former employment that he or she desires to maintain upon employment with the city. In that event, then the city council for the city manager position, and the city manager for the department head positions, have the authority to agree in writing to compensate that person for the cost to him or her to maintain his or her present health care -3- plan, up to but not to exceed the amount the city's health care plan would otherwise have contributed to his or her health care costs for similar coverage under the cit 's health care 'Ian. This health care cost •a ment shall be included with the em•lo ee's month) com•ensation amount as a se•arate item and shall be treated as a taxable benefit subject to normal withholding taxes. The city's contribution for the health care allowance shall not be included in any calculations as base pay. If, and at such time as the city employee's prior health care plan becomes fully paid and no longer requires financial contributions from him or her to maintain his or her health care coveraqe, the city's obligation to contribute toward that health care coverage shall cease. In no event shall the city's contribution for the health care allowance be more than the city would have contributed if the employee had similar coverage under the city health care plan. In addition, in the event that the employee's prior health care coverage ends and the employee desires to enroll in the city health care plan, that employee may do so provided the employee complies with the enrollment requirements for the city health care plan. 2.04.040 Hospital and medical insurance — Retired employee and dependent coverage. A. Retired Employees. The following described retired city employees shall be eligible to remain enrolled in the group hospital and medical insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty -five years of age by paying a 0 premium (including the premium for dependents, if enrolled) equal to the actual group rate for coverage of active city employees and enrolled dependents: 1. City employees who retire on or after January 1, 1982, and who at the time of their retirement work in positions within the bargaining unit of the American Federation of State, County and Municipal Employees, Local 1122; and 2. City employees who retire on or after January 1, 1983, and who at the time of their retirement work in any of the following positions: a. All fire department positions, b. All commissioned police department officers, c. All employees in exempt classifications specified by YMC 2.20.100, and d. All other positions defined by the policy as being eligible for coverage. B. Spouses of Retired Employees. Spouses of retired commissioned police department officers, retired fire chiefs and deputy fire chiefs and retired employees who, at the time of retirement, were in exempt classifications specified by YMC 2.20.100, which spouses are otherwise eligible for coverage under provisions of the insurance policy, shall be eligible to remain enrolled in the group hospital and medical insurance plan until those spouses reach the age of sixty -five years (or in the case of spouses of deceased retirees, until the spouse -4- remarries) by paying a premium equal to the'actual group rate for enrolled dependents. (Ord. 2835 § 1, 1985: Ord. 2749 § 1, 1984: Ord. 2686 § 2, 1983). 2.04.050 Dental insurance plan— Retired employee coverage. A. Retired Employees. The following described retired city employees who retire on or after January 1, 1983, shall be eligible to remain enrolled in the group dental insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty -five years of age by paying a premium (including the premium for dependents, if enrolled) equal to the actual group rate for coverage of active city employees and enrolled dependents: 1. Chief and deputy chief of Yakima fire department; 2. Chief, captains and lieutenants of the Yakima police department; and 3. All employees in exempt classifications specified by YMC 2.20.100. B. Spouses of employees retired from positions specified in subsection A of this section, which spouses are otherwise eligible for coverage under provisions of the insurance policy, shall be eligible to remain enrolled in the group dental insurance plan until those spouses reach the age of sixty -five years (or in the case of spouses of deceased retirees, until the spouse remarries) by paying a premium equal to the actual group rate for enrolled dependents. (Ord. 2835 § 2, 1986). • SECTION 2. Section 2.04.060 of the Yakima Municipal Code is deleted in its entirety from the Code: 7 0 AGO Physical ex chief and chicf of the Yakima fire department, and all management employees defined in cubccction 2.01.030(D) of this code chall be eligible to voluntarily receive a _ - -- - - -- - - - - - -- - - - -- - - - --e -- by thc individual employee, thc cost of which shall be shared equally by tho employcc and the city; provided, thc maximum payment by the city shall not - _ - -- - - - -- -- - - - -- - - _ - - -. - !_ _ .. Ord. 2835 § 3, 1086). 2.04.100 Welfare benefit program. A. The city of Yakima employees' welfare benefit program, attached as Appendix 1 to the ordinance codified in this section and incorporated herein by reference, is adopted and approved. -5- B. The city manager, or his designee, shall be authorized and directed to perform all management, administration and other responsibilities of the city under the city of Yakima's employees' welfare benefit program, except as expressly provided by such program or as required by law. C. The participation agreements between the city and the Washington State Council of County and Municipal Employees, Washington State Council of County and City Employees, AFSCME, Local 1122, AFL -CIO ( "AFSCME "); Yakima Police Patrolmans Association ( "YPPA ") and Local 469, International Association of Firefighters, AFL -CIO, attached to the ordinance codified in this section as Appendices 2, 3, 4 and 5, .respectively and incorporated herein by reference, are approved, and the city manager is authorized and directed to execute said participation agreement. D. The Yakima Air Terminal may join the city's employee welfare benefit program and its management employees and duly represented employees may participate in plans thereunder by action of the airport terminal board. - E. In the event that there is a conflict between any provision of this section or any provision of the employee welfare benefit program and any other section of this chapter, this section and the employee welfare benefit program shall take precedence. (Ord. 94 -9 § 3, 1994). • SECTION 3. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of April, 2012. Micah Cawley, Mayor ATTEST: City Clerk -6- Ordinance No.: Publication Date: Effective Date: 0 -7-