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RESOLUTION NO.
19-84
NON-DEBATABLE EMERGENCY BUDGET APPROPRIATION
PAYMENT OF SPOUSAL MATERNITY BENEFITS
APRIL 28, 1979 TO PRESENT
WHEREAS, on June 20, 1983, the U.S. Supreme Court reaffirmed
USCA 2000e(k) and the EEOC regulations which require that spouses must be
provided with the same benefits for maternity as for any other medical
condition; and
WHEREAS, it appears that Jefferson County is legally responsible
for payment of spousal maternity benefits from April 28, 1979 to the
present, and claims have been submitted by reason of the above noted ruling
for the total amount of $13,742.19; and
WHEREAS, payment of said benefits were not anticipated at the
time of preparing the 1984 Current Expense Budget and funds need to be
appropriated to extend the Non-Departmental portion of the budget by the
amount of $13,742~19 to allow payment thereof; and
WHEREAS, payment of spousal maternity benefits is a mandatory
expenditure required by law and thus constitutes a non-debatable emergency
within the provisions of RCW 36.40.180; now, therefore,
BE IT RESOLVED, that a non-debatable emergency is hereby declared
and that the Non-Departmental Fund No.2600 be extended under BARS account
no. 500.00.49~40 by the amount of $13,742.19 for payment of spousal mater-
nity benefits from April 28, 1979 to the present, all without further notice
of hearing as provided by law.
BE IT FURTHER RESOLVED, that the County Auditor is hereby authori-
zed to pay maternity benefit claims as follows:
APPROVED this
$1,267.45
1,232.20
1,509.80
968.95
1,446.07
189.25
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_/ -- ay 0
Jack Westermah
Warren Steurer
David Goldsmith
Chip Barker
Tim DeLaney
$1,632.95
1,223.45
1,539.20
664.85
2,068.02
Cordie E. Wimberley
Mike Dolton
John F. Raymond
Tim Black
Mark McCready
Robert Klatt
March, 1984.
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JEFFERSON COUNTY
BOARD OF COUNTY COW1ISSIONERS
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kO'Mear , Chairman
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B.G. Brown, Member
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John L. Pitts, Member
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ATTEST ',J-(;~è~1~~?'t6:' R¿:~~,/j/;'¡f
'Clerk of the Board
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John F. Raymond
JEFFERSON COUNTY PROSECUTING ATIORNEY
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209 Quincy
Port Townsend, Washington 98368
Telephone (200) 3851¡g@¡gDW~lDJ
JAN - 5 í984
January 5, 1984
· JEFFEftSON COUNT{¡-..
BOARD OF. COMMISSIONEft~
TO:
A. M. O'Meara, Chairman
Board of Jefferson County Commissioners
FROM:
John F. Raymond, Prosecuting Attorney
RE:
Maternity Benefits
Dear Bud:
On June 20, 1983, the U. S. Supreme Court decided the case
of Newport News Shipping v. EEOC, 103 S. Ct. 2622. The Court's
decision upheld USCA 2000e (k) and the EEOC regulations which
require that spouses must be provided with the same benefits for
maternity as for any other medical condition. The legislation
was effective 180 days after October 31, 1978, ie., the 28th
of April, 1979.
USCA 2000e-5 is the statute of limitations for the above legis-
lation. 2000e-5 states that, to file suit under 2000e, a charge
must be filed with the EEOC within 180 days after the alleged
violation of the statute.
Unfortunat1y for the County, the courts have uniformly ruled
that, when dealing with a "continuous violation", the statute
of limitations does not begin to run until the violation
ceases. Cisson v. Lockeed Geo Co., 392 F.Supp. 1176 (1975);
Trivett v. Tri-State Container Corp., 427 F.Supp. 631 (1977);
Tuma v. American Can Co., 367 F.Supp. 1178 (1973). The 180
day statute of limitations does not begin in our case until
the date the County complies with the statute. Thus, it appears
that Jefferson County is legally responsible for spousal maternity
benefits from April 28, 1979 to the present.
F. ¿~~c(
JCFC~.: bt1
Al Dept. Heads
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to iJtE ro- 634