Ordinance 2277-98 - Laserfiche WebLink

• 4. Penalties. (1) No major employer may be held liable for civil penalties for failure to reach the applicable SOV or VMT goal. (2) Each day of failure to implement the CTR program required by this ordinance shall constitute a separate violation, subject to the penalties described in RCW7.80. Fines for violations shall be$125.00. (3) It shall not be considered a failure to implement the CTR program, if an employer's inability to implement an element of a CTR program was the result of an inability to reach agreement within the preceding twelve month period with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Employers of union organized employees shall be presumed to act in good faith compliance if they: (a) Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act• and (b) Advise the union of the existence of the statute and the mandates of the CTR program approved by the City and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). SECTION B: EXEMPTIONS AND GOAL MODIFICATIONS 1. Worksite Exemptions. An affected employer may request that the City grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy,and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by the City at any time based on written notice provided by the employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of this ordinance. The City shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. 2. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City will use the criteria identified in the CTR Guidelines to assess the validity of employee exemption requests. The City shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. 13